KILPATRICK v. HUDDART, PARKER & CO., LTD.
Sixth Day, Tuesday, February 19, 1895.
Evidence for the Defendants.—(Continued.)
Hugh Bell McMeikan, examined by Mr. Mitchell, stated: I am master of the tug boat Albatross. I have had experience at sea since 1850. I have been Master of all sorts of vessels. I knew the Alert, and have been on board of her often. So far as I saw she was all right. I saw her outside the Heads after she went into the Gippsland trade. She always behaved well so far as I saw. I have seen the pantry window often; it would not make the vessel unsea-worthy.
His Honour: We have heard that when this vessel got within two miles of the Schanck, she made an offing of about six miles. Supposing you had been on board of her then with a strong sea running from the S. E., and wind from the S. W., would you, before putting the ship away on her course to the Heads, have taken any precautions with regard to the window? A.—No, I don’t think I would. It had been there long before, and had not been found fault with. If I had been in command of that ship, I would have given orders to the officers to see that everything was snug. I never heard in my life of a bunker lid coming off by the rolling of a vessel. I don’t see that the wooden awning or the forty-four tons of cargo had anything to do with the vessel’s sea-worthiness. She was sea-worthy enough to come up from Gippsland to where she did.
Cross-examined by Mr. Smyth: The Albatross is supposed to go outside in any weather. Her length is one hundred and fifty feet, beam, inside paddle boxes, nineteen feet six inches, outside paddle boxes fifty feet, and depth eleven feet six inches. She sits on an even keel; but the Alert sat very much by the stern. I knew the late Captain Mathieson, and he was a skilful mariner. The master on board of his own steamer is the best judge of what to do; he knows his vessel. There was nothing to prevent Captain Mathieson from altering his course for the Heads. I don’t think the Alert wanted any cargo to make her stable. She would float without anything. If any steamers go to sea with bunker lids simply laid down by their own weight, that would to a certain extent be a cause of danger. I have a canvas awning on the Albatross.
Lucy Edith Kilpatrick (the plaintiff) recalled by defendant’s counsel, in reply to Mr. Mitchell, said: I received some money from the fund that was subscribed. I am to get £100. I get it in weekly instalments.
To Mr. Smyth: The £100 I am to receive is not from Messrs. Huddart, Parker & Co., but from a fund subscribed by the public. I do not know the amount of insurance the owners of the Alert received.