He would ask the jury to say that the pantry window was not protected, and that it rendered the vessel unsea-worthy. He would also ask them to say that the defendants had not used all reasonable means to insure sea-worthiness, especially as the evidence of Captain Webb, one of the directors of the company, showed that he was thoroughly acquainted with the condition of that window. The cargo of forty-four tons of wattle bark and furniture, which the _Alert_ carried on the occasion when she foundered, was too high and too light to make her stable. When her trial trip to Tasmania was made, a fine day was selected, and she carried no cargo; but on the return journey, when the weather was rough, she carried seventy tons of oats, and that was very different to forty-four tons of light loading. Ponting, the cook, said it was the lightest cargo he ever saw in her, and that the light cargo was the subject of comment amongst the crew. He would further ask the jury to say that this light cargo, and the manner in which it was stowed, was another cause of unsea-worthiness in a vessel that sat so low astern, had such extreme dimensions, and that was intended for the Bay trade, and even in the Bay was a wet ship. The gratings over the stoke-hole being unprotected were a further cause of unsea-worthiness, and, as Ponting stated, the water entered the ship through them. He (Mr. Smyth) was perfectly satisfied to leave it to the jury that the plaintiff was entitled to compensation for the pecuniary loss she had suffered through losing her husband on this unsea-worthy ship. * * * * * MR. JUSTICE WILLIAMS summed up the case to the jury. He said his charge might be made comparatively short, the evidence having been placed before them with very great fulness by the witnesses and learned counsel on both sides.