His Honour: Q.—Do you say that under those circumstances that window would be as safe as a port? A.—I think so from the way it was made. I certainly think it was not as dangerous as a port, because the ports are always below the main deck. Nothing more than broken water could reach the pantry window.

To Mr. Purves.—I recollect the stoke-hole grating, it was eight feet wide from door to door, and about three feet six inches fore and aft. Nothing more than broken water could get in through that grating. An occasional sea would perhaps pass over, but no solid water would get in there until the vessel would be over on her beam ends. There would be no difficulty in putting canvas covers on. The bunker lids were of a very ordinary type. I never knew of one to lift off yet. I can name numbers of vessels that have the same lids as the Alert had. I don’t think there is anything in the suggestion that the wooden awning rendered the ship unfit to go to sea. When the awning is lying over at an angle of 45 degrees, the wind would get below it, and the vessel would be lifted up. Buoyancy would be the resulting tendency. In my opinion the Alert was a stable ship, and her stability was added to by the alterations to the engine room. Her machinery including everything would weigh about 105 tons. In addition, she had two ballast tanks, one of these right foreward in the fore peak would hold fifteen tons of water, and would be most suitable for anyone desiring to trim the ship. She was a long vessel, but her proportions were not unusually long. The declaration given under the Marine Act meant that she was right without cargo. We have always to assume they may go out without any cargo. Of course cargo improves the vessel’s stability, but we have always to look at the worst side.

Cross-examined by Mr. Smyth. I say the vessel was sufficiently stable for ocean-going purposes without any cargo at all. Included in the one hundred and five tons I spoke of, I allowed for coal twenty tons, water fifteen tons, weight of boiler thirteen tons, weight of engines twenty-six and a half tons, shafting six tons, and additions to engine room seven and a half tons. Then there were four tons of chain cable in her bottom. If both tanks were filled, they would hold twenty tons water ballast. I never was master of a vessel. I was at sea as engineer only, for about three years. I am accustomed to calculate the stability of ships, and that is why I am able to say this vessel was capable of going out on the ocean without any cargo. If a number of experienced men say that forty-four tons of cargo was not sufficient for the Alert, I would contradict them. Such men know nothing of stability. I gave evidence before the Marine Board enquiry, as I do to-day, that the boat was perfectly sea-worthy.

Q.—Do you remember that the Marine Court found, after you gave your evidence, that she was not sufficiently stable? A.—No, I do not remember that. (Mr. Purves here objected the Marine Court did not find that the Alert had not sufficient stability.)

Mr. Smyth to witness: This is what the court found. “In view of the vessel’s construction and the manner in which laden on her last voyage, having only about forty-four tons of cargo, the Alert, in the opinion of the court, had not sufficient stability.”

Q.—Will you now say that after you gave your evidence the Marine Court did not find she had insufficient stability? A.—I don’t know what they meant, but that was their finding I believe. Their finding may have been due to the cargo; if it was not of the kind to add stability, the vessel would be still more unstable with cargo than without. For all I know the cargo may have been built too high, or been all on one side. I am not prepared to say that the cargo was the cause of making the vessel unstable on this occasion. The alterations to the engines made her more stable than before. Portions of the new machinery did come higher above the deck than before the alterations, three feet perhaps. The difference in weight between the old machinery and the new would be about six tons. An iron plate outside the window would have made it strong as the bulk-head. I do not think it was one of my duties to see about the pantry window. It was not considered dangerous. I knew it was there, and took it into consideration when the vessel was getting overhauled in February, 1893. The certificate I gave then was for the Bay trade. When giving the certificate to go outside, in November, 1893, I don’t think I did consider on that particular occasion whether the window was safe or not. From memory I fix its height above the main deck at two feet six inches. It was like the window in the Excelsior. I have not passed the Excelsior as a sea-going vessel. She is a Bay trade boat, and will require a lot of alterations before I pass her for the sea. The Alert was thoroughly overhauled in February, 1893, and in November of the same year I simply surveyed her for giving a certificate to go outside.

Q.—How long were you over this November survey? A.—I don’t remember the time; I will say two hours.

Q.—Mr. Johnson signed the certificate with you. Was he with you at this survey? A.—No, he was not, but I knew what he did. He examined the vessel concerning her steam.

Q.—He was there to make this examination and to give that certificate, but he was not with you? A.—That is so; he was there at other times.

Q.—We have evidence that the water went down the gratings, and that in consequence the fires got low, and the men connected with the engines came up from below to put on their life-belts. Was that not on account of the water going down the stoke-hole? A.—The water was going somewhere. The doors must have been left open. It did not go down the gratings that I know of.