Q.—I will ask you to come on board a little steamer one hundred and sixty-nine feet long, nineteen feet six inches beam, and nine feet six inches depth. She passes Wilson’s Promontory at nine in the morning, goes through the Straits and on to two miles off Cape Schanck, carrying with her a south-east gale and south-east sea, and does not ship any water. What is your opinion of her being sea-worthy? A.—I should think she was decidedly a sea-worthy vessel.
Q.—Approaching the Schanck her captain desires an offing, and takes the ship out to windward six miles. Meanwhile the wind veers round to S. W., and Captain Mathieson shifts his course and makes for the Heads. He carries with him probably the same sea he had before, and he is overwhelmed in ten minutes by several seas, and ultimately the vessel founders. Might that not happen to any ship? A.—Certainly; to any vessel if she happened to keep away under those conditions.
Cross-examined by Mr. Smyth: Q.—Supposing that when the Alert got her offing of six miles without taking any water on board, except spray—which you say was a sign of her being sea-worthy, and that there is no apprehension of danger of any kind on board—was there anything to prevent her then making a course for the Heads, remembering that she was a steamship with a competent master? A.—I consider that the sea I experienced—Mr. Smyth: I am not speaking of the sea you experienced. You were off Cape Otway, about sixty miles westward of the Heads, while the Alert was off Cape Schanck, twenty miles eastward of the Heads. You say the sea had increased so much that you would not risk a pilot.
Q.—Assuming that there was no danger, and the evidence here is that there was no apprehension of danger at that time when she got her offing, and being as you say a sea-worthy vessel, with, as we know, a skilful captain, was there any reason why the course should not be altered to the Heads? A.—I cannot answer anything on assumption. I want facts.
Q.—I have given you the facts. Was there anything to prevent the ship going for the Heads? A.—It is fair to assume that there must have been a big sea running.
Q.—It is fair to assume that you are endeavouring to play with me instead of giving me an answer. How many years’ experience have you had at sea? A.—Twenty-five years in command.
Mr. Smyth: I will state the case once more. We have evidence that at the time I speak of there was a south-easterly sea and wind. Sometimes it is blowing a light gale, at others a strong breeze. She makes her offing, taking no water in. She is as you say sea-worthy. In that state of things the wind veers round to the south-west. Whatever the state of the sea, the captain has no apprehension of danger. What was to prevent him altering her course? A.—The condition of the sea.
Q.—What was the condition of the sea? A.—A heavy sea running from the south-east. I assume that.
Q.—Is that assumption of yours based on what you ascertained? A.—No, on what you have just told me.
Q.—What would you have done under the circumstances? A.—I would have kept her out to sea the whole time.