THE BARQUE SPEEDWELL.

Messrs W. L. Simpson, E.M., James David■son, and Thomas Thomeon yesterday eat at the 2Se3ident Magistrate's Courthouse for the purpose of hearing an appeal by the master of the ship Speedwell to be relieved of an order anade by the Minister of Marine hindering the •vessel from going to sea, as it was alleged to be ainsea worthy.

_Mr Stout appeared for the appellant, and Mr Haggitt fir the respondent. Mr Haggitt offered the following evidence:—

James "Ore Rnsaell deposed : lam a master ■mariner of 25 years' experience. I am surveyor «f Lloyd's Registry of Shipping, and to the Underwriters' Association of Shipping, Duneom. I have examined the vessel Speedwell as surveyor to the Underwriters' Association, oy order of the secretary, five or six times. I Jasfc examined her yesterday. My attention ■was chiefly directed to the decks, beams, and lolds. The deck was very bad. It seemed to old and much worn. The wood was decayed about the bolia to a great extent. There were six pieces let in in a plank of 27 feet in length. The plank was quite decayed. In the adjoining plank there were three pieces let in This was the state of the deck all over. The •vessel is about 26 years old, the date of ita construction on the bell being the year 1856. She is an iron vessel, and had originally two tiers of beams. The beams have been very «lose—l think one to every six feet. The deck beams, I think, are three and a-half feet apart. J.ne hold beams have been altered. The plan, produced represents a section of the ship. The beams of the ship originally went across. All »f them have not been removed, I think a elczen have been removed, some from the fora-fore-part of the vessel, and some from the middle. Their ntility has been destroyed. Their removal leaves the vessel in a weakened state, and produces what is called panting." The beam are introduced in a vessel to give it latitudinal slrength. The effect of the working of the ship throws the straining on the ends of the deck beams and loosens them, and would have the effect of ioosewng all the fastenings. The hatchway is 2£ times its original width. The size is about 22 feet by 10 feet. Tha enlargement of the latchway has made the vfsael weak. Nothing *aa been substituted in place of deck-beams. On the port side of the vessel the short beams appear to have been removed, and have been Jaatened up by wood screws. in the sides, but aiot to the stiinger : plates. The remaining Beams in the held are very shaky. The pillars are all loose, and the beams could *c kicked away easily. They appear to tfave iad heavy weights uppa them. The. beams ■contribute to the vertical strength of the vessel. J. am of opinion that every deck plank is a longitudinal tie of the vessel. Evtry plank when worn (even a little) should be removed and a new one put ia. In the case of the fepeedwell, m consequence of the removal of the beams, it is more, necessary that the deck should be renewed. The decks are perished, and the wood about the fastenings is rotten. The decks are very old, much worn, and patched considerably. I do not consider the vessel is fit to go to sea in her present state. I consider that a new main deck of 3 inch iarui planking is required. The half-beams should be properly fastened, and about half-a-doz3n hold-beams properly Eecur<»d. To Mr Stout: I cannot say that any portion of the timber of the deck is sick or rotten except about the bolt-heads, as I did not examine the vessel minutely. Any man of experience cculd have seen that the decks renewing from the poop to the forecastle. There has been a slight patch along, aide of the combings. . The plan fairly represents the new part of the deck. I have made ■np my mind pretty strongly about the vessel There is a tie plate which forma a longitudinal support. I think it is about 10 inches wide. Jt ia supposed to connect the stem to the stern but in this case it has been conatrccted in con' sequence of the widening of the hatchway, Another plate of about the same thickness has "been placed alongside at the Bide of tho vessel. 1 cannot say when the beams were removed— .probably 10 years ago. I cannot nama a single vessel which has the deck-beams as close as this one. I was nine cr ten feet off the beams •when I examined them. Some of them have .not more than one or two bolts. This remark ':r3ferß to the short beams entirely. I cannot say is the maximum, depth, according Toi IJloyd's regulations, which requires ci'oss beams—l think it is 12 or 13 f efc ; I will swear 3t is not 14. The depth of this vessel is about 13J feet. I have never Been a vessel built with a stronger frame than this one; The veEs 1 -would not have been allowed to have bean* "built without cross beams. She would not lave been stronger without these beams than vessels that are now built. I tried the bolts all over the deck. Kauri is about the be3t deck stuff if properly seasoned. - •. William Thomson ; I am harbourmaster for the port of • Dunedin. I know thß vessel Speedwell, and was one of the surveyors who Teported to the Minister thereon. I subsequently examined th 3 decks, and found them 3nucn gone about the fastenings. About one inchot thickness was gone. There was only two inches remaining, inetead of three as there should have been. The wood produced is tbat taken from around the bolt-heads, and » much .decayed. .There is no longer any largo longituSLi fasteni?e on £ the sbip. There were several new pieces of wood put in the deck in ■an unbusinesslike manner. The effect is marred through the butts, being cut close together. There were small pieces put in all over tho" deck. Originally the vessel had uppgrtieck bfamß and lower.hold beams The latter have been removed, as shown on the plan, except three under the forecastle deck. The lower deck frames to tho number of 10 have been removed They stiffened the vessel and kept her from pantiag. She will pant and V7ork on tho fastenings, starting the rivets and letting the vessel drift. Tha vessel has aiow nothing to bind her except the stringerplates. I noticed the main hatchway bad betn enlarged, it bsirjg 22 feet by 10 feet. Tha width of the ye sol is 23 feet. The half-beams at the hatchway on the port side are removed and all adrift. The tuggfstion which I made an ray report regarding the planking of the deck with kauri was necessary. I recommended that pillars-shoulJ bs erected undsr the hatch, which would make the ship all the stronger; ni waa se*worthy without them. lo Mr Stout: The vessel could not stand a lieavyeea. The rotten timber producad was xob a portion of the plugs. They were all taken away. The waterway planking has not *een lifted Captain Fox drew my attention

to the decks. It was Mr Crawford who wrote the report. We compiled it together. AlexnnderCrawforddeposel: lam inspector of machinery for the Province of Otago. I have had 20 years' experier.ca as an engineer. I know the barque Speedwell. I was one of tho surveyors who first inspected the vessel and subsequently reported on her. I c msider tt at new decking is required. The wood round the fastenings h nearly all sono. Tho planking was very much paich, d. The decks must have ht en. down for a very lo.> g tiuie—a c >nsiderabla number of ye«a. Tue whole begins were all out tf the vessel, or nearly so. The dfck fastenings below are not very good, and the deck half-bsams are not properly fastened. Some of them are fixed with cmaion wood tcraws, They should ba rivekd. I c nsider the new decks absolutely needstary to make the vessel seaworthy. I saw soin« of the bolts takm out of the vessel yeßterday. Thoy are much worn, and the wood around them is decayed.

To Mr Stout: I came to the opinion that new decks were necessary on the second or third survey. I said to Captain Fox when the hatch was being taken up that the decks were not so bad as I thought. I coneider now that the decks are not sufficient for tho vessel to go to sea. The principal thing wrong with the decks is the caulking. Robert S. Sparrow deposed : I am an engineer and shipbuilder, having had 30 years' experience. I did some repairs to the barque Speedwell. My attention was called to tha dacka, which were iv a veiy bid ststo. They were much worn, and the fastenings were all gone. The joints were leaky. When the fastenirjgs are gone in a vessel it is eonEiderabiy weakened. The barque oiigiually bad in the hold beams, which h;sve been removed, and tho vessel is thereby weakened, the decks becoming leaky. Even uew.decka would be required to ba strengthened. The bhort beams near the hatchway on tho port side were merely fastened by screw-bolts. They should be riveted.

To Mr Stout: I put in tho screw-bolts. They were put iv as a blind. It wai not my business to say anything about them, although I knew they were of no use, sj long as the Government was satisfied.

Gilbert Tait deposed :lam a shipwright I examined the Speedwell. My attention waa directed to tha hnll of the vessel. I examined the decks partially. They wt.ve almost unsupported, and the half-beams on the port side were not fastened at nil. The wood round the fastenings was much decayad. Tha dck was worn thin. I consider wh6:re the wood is decayed round the bolts new planking is required. In its present condition the vessel is unseawerthy.

*To Mr Stout: I did not count the numbar of decayed bolts. It would be risky to send the vessel away in ballast.

Charles Angus deposed : I am a shipwright I examined the decks of the Speedwell yesterday, and I consider them ims^a worthy. I put some bolts in my basket, from whirjh, however they were taken by somebody. Th-j three bolts produced are the ones I took. I did not finish my examination yesterday. Captain Pox ordered me ashore.

To Mr Stout: I went on board without Captain Fox's permission, A good se-> would burst the deck of tha vessel.

William Murray deposed : I have been a master shipbuilder for 20 years past. I condder that a vessel 134 feat long, 23 feet broad, and with 14 feet depth of hold, should have a deck of three inchss. The plank produced measures only two icche3. I would not recommend it to be used again. Tfce fastenings produced are not very bad. They are worn pretty consideraujy. _ ±ne hole 3 in this other plant produced have been widened by the action of the ship at sea. Tee timber is gone about the fastenings. There has been a fore-and-aft strain on the fastenings. • MrSaseto «"d this was all the evidence he intended to offar, au d he would write out an o! action to the vessel going to sea until the was ro decked.

The following witnesses were then called by the other side:—

James Macfarlane: I have been a shipmaster for 24 years. I have seen the barque bpeedwell. Ido not consider it ntcassary that the vessel BhouH have new decks To Mr Haggitt: The planks produced are perfectly sou.d. I have gone rouad the world in a worse vessel than the Speedwell. HentonDavie: I drew tue plans produced, showing the defects of the vessel, and the repairs made in the deck. The bearcs were last em d with coach-ecrews as well as they could be. I have never found a rotttri plank in the decks.

To Mr Haggitt: I have looked for one. The wood round the bolts is not rotten. Very great d.fficulty was experienced in loosening the claiJdDg. The planks were firmly erabedded. The holes in the plank produced ara very good ones. This one (a large one worn by its bolt; would not endanger the ship. It nas been caused by water getting in and rusting the bolt and the wood gradually wore away. Ibe plank has not movad. John Orkney: I am a master mariner. I think it is safe for the barque Speedwell to go to sea without endangering life. .Josephi Sparrow: I am an engineer and iron ship builder. The Speedwell is a very strongbuilt ship—stronger than they build vessels nowadays. I consider her fit to go to sea. JJavid Law: lam a shipbuilder. I have examined the decks of the Speedwell. I bored the worst piece of planking. I consider it perfectly safe for the vessel to go to sea. Gordon M'Kinn™ : I am a master mariner. 1 looked at the decks of the barque Speedwell. I consider eho is fit to go to sea without endangmrg human life. Andrew M'Kinnon :lam a shipwright I have examined the decks of tho barque Speedwell, and contidsr her seaworthy To Mr Haggitt: The deck of a ship of the kindit is not necessary to bind together. It is for the sailors to walk ob. a M jrk I P om, M Dl'xon :I am captain of the bpeedwell, and have aailed in her during heavy gales. 1 consider her perfectly seaworthy, bne neyer works at sea. I am perfectly pro pared to g-o away in her with my wife as soon as I am allowed.

f P^ &i n »OKI WM called to Prove that he told the Collector of Customs he wished to send the barque away ia ballast. Mr Stout intimated thU was all the evidence, and asked the Court to make an order for the release of the ship. Li^i r ? aSeitt; handed in an application asking that the vessel Bbould be dutaiued until she was decked with kauri limber anil securely fastened with bolts.

Mr Stout then addressed the Court on the evidence. He pointed out the unfair way iv which the ordsr for the detention of the ship had been made. It was never intended by the .Legislature that a man should be asked to repair his vessel, and after having done ho a second notice demanding further repairs should be served on him. It could Jbe shown clearly that the defects mentioned in the second notico could have been discovered when the first order was made. He submitted the only independent evidence given on the other side was that of Messrs Angus and Murray. Ail the rest of the witnesses had something to do with the reP°rts which led to the making of the order. Mr Haggitt then put before tho Court the law rektiug to the matter. The Court reserved its decision.