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
and the owners expended £7,000 in effecting alterations to make her
a most efficient ship. Not content with the local survey they had
her re-classified at Lloyd’s. She proved herself a sea-worthy ship,
even on the occasion of her last voyage, by running under adverse
conditions from Wilson’s Promontory to Cape Schanck without shipping
any water, and it was only when Captain Mathieson in a reckless
moment altered her course to the Heads, in a tremendous sea and heavy
weather, that she foundered. Any of the largest steamers would have
foundered under similar circumstances. Unless it was proved that
the defendants, as reasonable men, were not satisfied that the ship
was sea-worthy, the plaintiff had no case whatever. Was there any
evidence to show that the _Alert_ was unsea-worthy? He would ask
the jury to say that the defendants were not in any way to blame,
and that the disaster, which they all deplored, was an act of God.
He desired to apologise to the jury for being unable to produce,
notwithstanding his promise to do so, the person who, in addition
to Ponting, actually witnessed the foundering of the _Alert_ at
sea. During the course of his remarks, Mr. Purves pointed out that
a good deal had been said by the witnesses for the plaintiff about
the fact of the _Alert_ being rigged with only a foremast. In
contradiction to this theory of danger it was only necessary to draw
the attention of the jury to the fact that the steamships of Her
Majesty’s navy—the best ships in the world—had no masts at all! They
were merely fitted with flag-poles for signalling purposes. Some of
the most incredible stories had been told concerning the wreck of the
_Alert_. For instance, the witness Ponting had said that “flames and
smoke came out of the vessel’s funnel as she sank.” The thing was
simply impossible. (Here Mr. Purves spoke with great emphasis and
considerable warmth.) “Why hang it, gentlemen of the jury, the fires
must have been out a considerable time before the ship went down!”
The learned gentleman then concluded an impassioned appeal by drawing
marked attention to the fact of the plaintiff, Mrs. Kilpatrick,
having attended the court with her baby every day since the trial
began, when she ought to have been at home attending to her household
duties. He (Mr. Purves) could see no other object in her conduct than
that she was desirous, through her presence, and that of her infant,
of enlisting the sympathy of the jury. He was sure, however, that
those gentlemen would not be misled, but would, in bringing in a
verdict for the defendants, estimate her attendance in court at its
true worth.
Public-domain text, read in full here on John Shaqi.
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