His Honour Mr. Justice Williams: Q.—Supposing all the doors of the companion were shut, could the water get into the saloon in any way except through the pantry window? A.—That was the only way.
Re-cross-examined by Mr. Mitchell: Q.—Are you able to say whether water could get from the saloon to the engine room and back again? A.—There was a little round door over the shaft big enough for one man to get through. It would lead to the stern of the ship. I could not say whether it was open or shut.
Q.—When you saw the water rising in the saloon, could you see the condition of the lee companion doors? A.—All three of us—chief mate, steward, and myself—were standing in the port door at the time we saw the water rising. It was not safe then to go into the saloon.
KILPATRICK v. HUDDART, PARKER & CO., LTD.
Second Day, Tuesday, February 12, 1895.
Evidence for the Plaintiff.—(Continued.)
James Grant, examined by Mr. C. A. Smyth, stated: I am a shipwright, with about forty years’ experience in the business, and amongst shipping. I have a certificate for navigation as chief officer. I got it in 1875. I also passed my examination before the Steam Navigation Board as marine engineer. I have seen the S. S. Alert running up and down the Bay several times as a Bay trader. Some repairs were effected to her machinery in the year 1893, some months before she was lost. Messrs. Robinson Bros. had the contract for the job, and I was engaged as their ship carpenter to carry out the shipwrighting work. I was working on her two months altogether. Speaking of her generally, she had very fine lines. The model now shown me appears to be like her. There is no bearing here (pointing to bottom of model). To give her stability, the flat part should be carried further along. There is no bearing until the bulging part touches the water, and it would have the effect of throwing her deep in the water aft. She was about 170 feet long, her breadth eighteen or nineteen feet, and her depth between nine and ten feet. In my opinion the Alert was very long for her beam and for her depth. According to the Alert’s certificate of register, she came out from England as a three masted schooner, or barque, under sail only. When I was making the alterations she had only one mast, a foremast, as shown in that model. The captain’s bridge went right across the ship, and there was a gangway going fore and aft on the starboard side, from the bridge to the poop. There was nothing on the port side at all. The stoke-hole would be about twelve feet in width athwart ships, and about five feet fore and aft. It was covered over with a grating composed of ¾-inch iron running fore and aft, and these bars were about two inches apart. There was no provision made for covering this grating with a tarpaulin by means of cleats. Nor was there any provision made for covering any of the skylights. There was nothing to prevent the water getting through either grating or skylights. If water went through either of these places, it would go into the engine room and stoke-hole. The height of the ship’s bulwarks above the main deck was four feet six inches. The breadth of the alleyways between the bulwarks and the side of the machinery casing would be about three feet at the narrowest part, and five feet further on. There was a port hole in the bulwarks opposite; but if the vessel shipped water while lying on her side, that port could not discharge inside water, and there was no provision for discharging water in the alleyways except that port hole. I remember the window made for passing food to the saloon. I did not make it. Originally it must have been cut out of the iron. It was a glass window about 16 x 14 inches, with a wooden frame. I did not notice how it opened; but if it opened inwards it would be a source of danger if the vessel shipped much water aft. I remember the bunker holes for shipping the coal. I fixed them in. Each had a cast-iron frame sunk in the deck. The covers were about sixteen inches in diameter. They were flush with the deck, and were only held in their places by their own weight. In the case of a vessel dashing about heavily with water rolling inside, those covers might get knocked off, and the stoke-hole would be filled direct from the sea. If a lug were placed on the lower part of the cover, and a half-turn given, then it would stay on and prevent water going down. The Alert’s covers had no lugs. The weight of her boiler and engines would be about one hundred and fifty tons. The weight of the water in the boiler would be twenty-three to twenty-five tons. Taking into consideration the ship’s cargo, build and trim, I do not think she was fit for a sea voyage. If she had had an after mast with a sail on, it might have helped a bit when efforts were made to bring her to the wind; but as long as she was so light foreward she would be hard to bring up, if not impossible. The light cargo would affect her stability. She was not fit to stand a gale of wind. She was right enough for the Bay trade; but with my experience at sea, I say she was not safe, and I would not have gone to sea in her. She had very little freeboard aft and too much foreward. I know the awning that was over her. It was wooden and permanently fixed. When the vessel was lying over, the wind would get under it and prevent her from righting herself. The proper awning at sea is canvas. In bad weather a vessel is better without any awning.