Re-examined by Mr. Smyth: In my opinion there was nothing to prevent Captain Mathieson, as a skilful seaman, from making his course for the Heads. I reckon that he was as good a ship-master as any on the coast.
Mr. Justice Williams: Q.—Were you lying inside the Heads on the night of the Alert’s wreck? A.—I came to an anchor about nine o’clock that evening. I knew there would be a bad “Rip” on, and therefore did not go out.
His Honour: Q.—What was the weather like? A.—It was a fresh gale with fierce squalls and blinding rain. From three to four o’clock in the afternoon it blew hard at times, and then would lull off for a bit.
Thomas Bicknell, examined by Mr. Box: I am a master mariner. I have been coasting pilot in Australian and New Zealand waters for the last ten years, and have been in all sorts of vessels. I knew the Alert well for a great number of years. I have been often on board of her, and frequently a passenger in her to Geelong and back. I considered her a very unsuitable boat even for the Geelong trade, or anywhere else in the Bay; for outside the Heads she was a perfect water trap. Her extreme length did not compare with her depth, and she had a very narrow beam. She was very fine, with no bearings, and not sufficient stability. Her engines and boilers were well aft, and gave her a lift in the bow, at the same time depressing her stern. I have seen the pantry window, but did not pay much attention to it. Placed close to long, narrow alleyways that window would be dangerous unless properly constructed and secured. It should have been secured from the outside so that the pressure of water on the outside cover would have tightened it instead of forcing its way through. Water in the saloon of a vessel labouring in the sea would make her unmanageable. I saw the grating. There should have been an iron door on hinges over it, and over that a tarpaulin, because a tarpaulin in itself is not sufficient. Forty-four tons of cargo, composed of wattle bark and furniture, would have very little effect on the Alert. She was very tender and crank. Had that cargo been iron or ballast, it would have kept the ship out of difficulties, provided she had after canvas to keep her to the wind. In a case like hers you lose seaway, and you want after canvas to give the ship steering way. I saw the wooden awning. It would help to put the vessel down, and the wind would catch it and keep her down. It should have been made capable of being taken in in rough weather. A vessel lying over like the Alert did would no doubt take water in every opening. Her freeboard was about one foot eight inches, and that is very low. I have seen her with her gunwale almost level with the water. If the bunker lids were not properly secured, then they were dangerous. A vessel leaning over very much is likely to throw them off. Knocking about as she was, the water would hit against the lee cover and throw it off, and if there was any water on the deck, it would pour down below.
FOOTNOTES:
[1] The “Rip” is the name applied by seamen to a very strong, nasty current which runs immediately at the Heads entrance. With the wind in and the tide out, or vice versa, a dangerous joggle of waves arise.
KILPATRICK v. HUDDART, PARKER & CO., LTD.