William Watson, examined by Mr. Purves, stated: I am a surveyor for Lloyd’s Registry of Shipping. The British Lloyd’s is an institution that has grown during the last sixty years. It is the biggest thing in the world. A vessel that is “A1” at Lloyd’s has a character that any man, who is interested in running risks, takes as a standard. The document now shown me is a certificate stating that the Alert was classed when first built “ninety A1,” fit to carry dry and perishable cargo to all parts of the world. Below is a maltese cross which indicates that she was built under special survey. (Mr. Box here objected that the certificate given when the vessel was built had nothing to do with the present case, and his Honour decided to admit the evidence subject to the objection). Witness continuing said, “ninety A1” is simply a distinction to show that it is not “one hundred A1” nor “eighty A1,” but still an “A1” ship. The meaning of “A1” is that the hull of vessel so classed is fit to carry dry and perishable cargo. I knew the Alert mentioned in Lloyd’s certificate, and remember the alterations made in her. I did not see her officially between July, 1893, and the date when she was lost (December, 1893). My opinion of her was that she was a good little ship. She was sea-worthy in every sense of the word, and was a very nice vessel.
Q.—What is a nice vessel—a plum cake is very nice but I would not like to go to sea on one.—? A.—A very smart craft I would call her. I have been to sea, but I am not a sailor.
Cross-examined by Mr. Box: I was in the employment of Lloyd’s in England, but not as surveyor. I was appointed surveyor, but did not continue in it. I am no authority as to what risks insurance companies will take. It is not a mere matter of premium. A risk is taken on the recommendation of surveyors. I am not in receipt of an annual salary from Lloyd’s, but I make surveys for them in Melbourne, and I get paid for my services by the owners of the ships in Melbourne whose vessels I recommend. I re-classified the Alert in July, 1893. She was then in the Bay trade. I don’t know how she came out to Victoria. I don’t remember when she was built. I never formed an opinion as to whether she was built for the Bay trade only. She was, in 1893 when I surveyed her, fit to go all over the world. I did not go to sea in her, but I would not have been afraid to do so. She was fit according to Lloyd’s rules, and that was enough for me. It is not a rule of Lloyd’s that the grating over the engine room and stoke-hole should be covered.
Q.—Is this a rule of Lloyd’s: “The engine room skylights are to be in all cases securely protected, the gratings over stoke-hole must also be protected with iron plates?” A.—That rule does not refer to the grating openings on top. There is no occasion to have any cover whatever to those gratings. There was no necessity to have any protection to the pantry window; I did not look upon it as dangerous. I don’t think there would be any special liability on the part of that window to burst in when the vessel was on her beam ends. It would not be a serious matter if it did burst in. I could put a cushion in and stop it. There was no danger in the grating, and none in the pantry window.
Re-examined by Mr. Purves: Apart from my position at Lloyd’s, I have built many thousands of tons of ships. My business was a shipbuilder, and when busy, I have built over 20,000 tons a year. The reclassification of the Alert brought her to her original status equal to a new ship just built. I am trusted with Lloyd’s business in Melbourne, and have a free hand. The amount of freeboard a ship has is no proof of her sea-worthiness.
Thomas Houston, examined by Mr. Mitchell, stated: I am a marine surveyor for this port. I have had over thirty years’ experience as ship master, mostly in sailing vessels. I have been in steamships, but not in command. I have been in Melbourne about nine years. I knew the Alert well, and have been frequently on board. I have been under her twice while she was in dock, not in a professional way, but as a contractor for painting. I have no reason to suppose for a moment that the vessel would be unsea-worthy. I have been a passenger in the Alert up and down to Geelong, and in a convivial sort of way I recollect the pantry window. I could not say its height above the main deck, but I think it was about half way up the front of the poop, and the latter was between three and four feet high. I don’t know how it was fastened. There was nothing about the window to make the ship unsea-worthy. Any practical man could make the window tight without bolts or anything else, so that it would not take a gallon of water in an hour. I have no knowledge of the height of the grating, but I am told it was seven feet above the main deck. I don’t see any necessity for cleats; it could be secured in various ways, so that no water would go down, and the bunker lids also could have been easily protected by placing a piece of canvas over them. I think the wooden awning would have assisted to bring the ship to the wind and keep her there. If the vessel was on her beam ends, the awning would in all probability tend to throw her over, but by that time she would be too far gone to recover herself, and hence it would make very little difference. The fact of having the wooden awning where it was would not make the ship unsea-worthy.
Cross-examined by Mr. Smyth: I have had a vessel pretty well over with her yard arms in the water. She came up again by throwing cargo overboard. There is nothing extraordinary in a vessel rolling over 45 degrees. There is nothing to prevent a ship from righting herself if she is sea-worthy. I have not the faintest idea what prevented the Alert from righting herself. I don’t think thirty or forty tons of water on board of her ought to affect her although she was low aft. Perhaps the pantry window would have been better if made in some other way than with glass; but I consider it of no importance. Anybody could have stopped it splendidly with a cushion. If there was a lot of water in the stoke-hole as well as the saloon, she might founder. I do not believe that water came through the grating. In sending a ship to sea extreme contingencies should be provided against. An open grating was not unsafe, but still it would be better covered. I am a contractor for painting ships for Huddart, Parker, and others.
In reply to His Honour the witness said: Cutting a small window would not weaken the bulk-head. I think it most likely I would have had an outside shutter to protect the window.
