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
Re-examined by Mr. Purves: I should think a vessel, perhaps two or
three miles from land in the daylight, would have managed to reach
Western Port; but in my opinion it would have been a dangerous thing
to try. We saw nothing at all all day long.
This concluded the evidence.
* * * * *
MR. PURVES submitted a point for the consideration of the judge: That
the obtaining of certificates from the surveyors appointed by the
Marine Act, and recognised under the Act, who surveyed the ship, and
made the necessary declarations, was evidence of such a nature that
in itself it was proof that the owners used all reasonable means to
secure the sea-worthiness of the ship. His Honour would see the vast
importance of this case to shipping companies. The conditions of the
law were complied with in taking all reasonable precautions.
MR. JUSTICE WILLIAMS: You contend that the certificates of the
surveyors authorised by the Act are conclusive evidence?
MR. PURVES: Yes; not merely evidence, but conclusive evidence. Unless
it is shown that the certificates were obtained by fraud, they are
actual proof of sea-worthiness.
MR. PURVES, in addressing the jury on behalf of the defendants,
made a severe attack on the witness, Robert Ponting, and urged at
great length that the evidence given by him was not to be relied
on. He (Mr. Purves) did not think that Ponting had told wilful
untruths, but had simply got up a theory of his own as to how
the wreck occurred, and repeated it so often to himself that he
believed it, and also endeavoured to make other people believe it.
There was no credit due to Ponting in the matter at all. He did not
save or try to save anybody but himself. Indeed, even that he did
not do, for Providence alone had enabled him to reach the shore,
while better men were allowed to go to the bottom. The jury had
sat day by day patiently listening to all the details of this most
important shipping case, and he (Mr. Purves) was sure they would
see that it was a matter which should never have been brought into
court at all. No one sympathised more than he (Mr. Purves) did with
the unfortunate plaintiff, Mrs. Kilpatrick, who had undoubtedly
lost her husband and breadwinner; but that was no reason why the
innocent owners of the _Alert_ should be called upon to recoup
anyone for loss sustained through an accident over which they (the
owners) had not the slightest control. It should also be borne in
mind that Messrs. Huddart, Parker and Co. had sustained a severe
loss themselves by the sinking of the ship, which was one of their
breadwinners. Notwithstanding the serious loss to the firm, they had
liberally subscribed to the fund got up in relief of the sufferers.
From first to last the owners had done all that men could do. When
the _Alert_ was taken from the Bay trade to be put into the outside
trade, she was surveyed by the most skilful men that could be found,
Public-domain text, read in full here on John Shaqi.
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