NOTE.—The compiler of this book takes the present opportunity of publicly thanking Mr. J. Wallace (of Messrs. Gaunson and Wallace) for his kind courtesy in lending a copy of the shorthand notes taken at the trial. These notes—together with the compiler’s own personal observation in court—have enabled a clear, full, and authentic account of this most important shipping case to be now placed before the public. [Illustration: Decoration] Battling with Waves and Lawyers. I’ll no say men are villains a’; The real hardened wicked, Wha hae nae check but human law, Are to a few restricted; But, Oh! mankind are unco weak, And little to be trusted; If self the wavering balance shake, It’s rarely right adjusted.—_Burns._ KILPATRICK V. HUDDART, PARKER AND CO. being the first trial of its sort that ever took place in Victoria, much more than ordinary interest was taken in the proceedings. Each day during its progress the court was crowded by people, principally nautical, who apparently gave the case their closest attention. Considering that the eminent Counsel engaged on each side were called upon to use and listen to technical phrases, which they could not possibly know much about, they got on remarkably well, and talked glibly of “port and starboard,” “weather and lee bulwarks,” “scupper holes,” “garboard streaks,” etc. Personally, I spent a good many hours listening to the different opinions given by the various witnesses as they passed through the water of examination and the fire of cross-examination. Being myself an “old salt” I was amused, if not enlightened, at the familiar jargon, and it did not require a very great stretch of imagination for me to fancy that I was for the nonce back once more amongst the “toilers of the sea.”