Mr. Purves: That is an absurd argument, because there was a subsequent declaration that she was fit to go outside.
His Honour: I think it is a question of construction. If the vessel was going to trade in the river and Bay, she got a certificate to that effect. If she were going to trade outside the Heads, she must have a certificate for outside. The one is not inconsistent with the other. That is the view I hold at present.
Carl Gustafson, examined by Mr. Purves, stated: I am a Russian Finn and an A.B. seaman in the employ of Huddart, Parker and Co. I am now forty-eight years of age, and have been at sea since I was nine years old. I was seaman on board the Alert for four years, and was in her after she was altered and went to sea. I was not in her outside the Heads. My experience of her was in the Bay. In heavy weather I have seen the decks flooded, but never knew of any water going below, either through gratings or pantry window. From what I knew of the Alert, I would go anywhere in her. I thought her a good strong boat.
Cross-examined by Mr. Box: I remember the Alert in the Bay taking a very large quantity of water on board. The engines had to be slowed down because the seas came over. I can’t remember if the fires were nearly put out on that occasion. She was not in very much trouble. The pantry window was a round glass in a wooden frame. It had a wooden slide in front outside that covered it right over. I am in the Excelsior now, but I an not mixing up her pantry window with the Alert’s. I never noticed how it was fastened inside. When I left the Alert, two years ago, I have been in the Excelsior ever since.
William King, examined by Mr. Purves, stated: I am chief engineer of the Excelsior. I am an engineer by profession, and have had sixteen years’ experience of shipping. I knew the Alert, and was chief engineer of her from 1890 to 1893 in the Bay trade, and also for six months after the engines were altered. During that time I went outside the Heads to Tasmania. On that voyage I considered she was perfectly sea-worthy. We had fine weather going, and very rough weather coming back. I was perfectly satisfied with the way she behaved. I never heard of, or saw, any water coming in through bunker holes or gratings while I was in her. I would go to sea in her any time and anywhere.
Cross-examined by Mr. Box: Engineers and seamen have to take a good deal of risk sometimes. If one is out of employment it is not easy to get a billet. There was no risk in going in the Alert. We were sixteen hours coming from Tasmania. That was the only time I went outside in her. The Excelsior is larger than the Alert. I have seen the latter shipping heavy water in the Bay. She had to go slow at times. The new engines lifted her about six inches higher in the stern.
John Legg, examined by Mr. Purves, stated: I am dockmaster in the employ of Mr. Duke, of Duke’s dock. By trade I am a shipwright, and have been employed by Mr. Duke for about thirty years. I have had the Alert in dock on many occasions. She was buoyant and able, in my opinion, for her size.
Cross-examined by Mr. Box: I have never designed a vessel myself. I have been to sea as master of sailing-vessels, not steamers. I don’t know anything about the Alert’s inside. She was not very deep, and was rather narrow in the beam. I would not call her a very tender vessel. I was on board of her before she was altered, but not after. I would call her a stable vessel for her size. There is no doubt that she was fitted for the Bay trade. As to going outside that all depends upon the weather. It would be a risky thing taking a vessel built from that model outside in all sorts of weather. I would go to sea in the Alert in ordinary weather.
James Trainor, examined by Mr. Purves, stated: I am a seaman, but at present I am a labourer. I was an A.B. on board the Alert and other ships for sixteen years. I went to Tasmania in the Alert. She went without cargo and came back with seventy tons of oats. She behaved like any other vessel of her size would do. I considered her as good as any other vessel.
Cross-examined by Mr. Box: I have been wrecked twice. It was my idea to go in the Alert to see how she would behave. I asked to go. I volunteered to go in her. I was Huddart, Parker’s man then.