Battling with waves and lawyers : $b a genuine history of perils of the deep and an authentic record of the most important shipping case ever dealt with in the supreme courts of Australasia
History
Battling with waves and lawyers : $b a genuine history of perils of the deep and an authentic record of the most important shipping case ever dealt with in the supreme courts of Australasia
Alert (Ship : 1877-1893); Liability for marine accidents; Navigation -- Australia -- History; Shipwrecks -- Australia -- Victoria
JAMES ALEXANDER MITCHELL, examined by Mr. Purves, stated: I am a
licensed Port Phillip pilot, and have been such close on twelve
years. Prior to that I was master of steamers and sailing vessels
for eleven years. I knew the _Alert_, and remember the day she
foundered, December 28, 1893. It was reported to me on that date. I
was in charge on that day of the pilot schooner _Rip_. At about 4
o’clock P. M. I was cruising, as near as I could judge, from seven to
eight miles outside Port Phillip Heads. We were cruising about in all
directions. The weather was very thick. We never saw the land. All
along the eastern shore as far as the Barwon the weather was thick.
It was clearer to seawards and towards the west. It was blowing what
we call a southerly gale. The sea was very rough and very high. I
cannot remember what the barometer was. It was heavy weather as a
matter of fact. There was a cross sea from the south-east, and a
swell from the south-west, and the two met and sent the water up.
Our vessel was shipping a good deal of heavy spray. I have seen the
_Alert_ at a distance, when she was passing Williamstown going to
Geelong.
_Q._—After the _Alert_ got off the Schanck, about seven miles, with
the wind and sea as they were, was it, in your opinion, a prudent
thing to do to keep the ship away for the Heads? _A._—I should say
there would be danger in that manœuvre unless they—as sailors would
say—watched a slant, or watched for a smooth, and then put her on her
course. Before doing this, it would be only an ordinary precaution to
make everything snug.
_Q._—Your idea was that the heaviest weather was off the Schanck?
_A._—Yes, and off the Heads.
Cross-examined by Mr. Williams: We boarded some ships on that day
(Dec. 28). There was no particular trouble in boarding them. The same
care had to be exercised that day as in every other gale. As pilot
in charge I do not think that I would have boarded a vessel between
three and five that afternoon. I did not know Captain Mathieson
personally. I cannot say whether he got a slant. I gave my opinion on
a supposed case. For all I know he may have waited for a slant.
_Q._—Assuming that there was a south-east gale blowing all day, and
the _Alert_ in it, in your opinion if things had not been snug on the
ship would anything have happened to her? _A._—I should hardly have
thought that in a gale of wind, blowing all day long, she would have
got as far as the Schanck if things had not been snug. She would have
been full of water before.
_Q._—What sort of gale was it in the early part of the day? _A._—It
started with a fresh breeze in the early morning and gradually
increased to a moderate gale from 10 o’clock till noon. After twelve
it had some indication of getting finer and the barometer rose. Then
the wind veered to the south-west and blew hard. A swell had been
coming from the south-west all day long.
Public-domain text, read in full here on John Shaqi.
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