Q.—Do you mean to say that the sea was so bad that pilots did not go on board of other ships that evening you were off Cape Otway. A.—I believe they did go on board other vessels.

Q.—As a fact you know that the pilots did go on board other boats? A.—Yes; I know they went on board the French mail boat.

Q.—And if you had gone on, they would have boarded you? A.—Yes; but I did not care to take a pilot on and send him back in a small boat.

His Honour: Q.—Did you know anything about the steamer Alert? A.—Nothing personally, except that I observed the sea, and it was so high that we could not see the pilot schooner within fifty yards of us.

[At this stage it was arranged that on account of the great heat of the weather the court would adjourn until Monday 18th instant.]

KILPATRICK v. HUDDART, PARKER & CO., LTD.


Fifth Day, Monday, February 18, 1895.