SUPREME COURT.

Wanganui Chronicle, Volume L, Issue 12765, 17 June 1911, Page 2

SUPREME COURT.

THE AUEXA SALVAGE CASE. j On the Court resuming yesterday ! Mr. Gray opened the defence in the case Wanganui Freezing Company v. A. Hatrick, a claim for £250 salvage. William Bendall, marine surveyor for . Lloyds, said the Dalgetys sent for him, and he came to Wanganui with tho Huia, bringing an anchor. The Huia was at his~disposal to lay the anchor. She arrived on Wednesday, and witness saw the Alexa. She could have been sot off that momirg without difficulty If an anchor had been taken out,. The weather was tine and the sea moderate. After inquiry witness told the captain of the Huia ho. would not be required. Witness saw the Thistle jay the anchor from tho breakwater. Tho sea was smooth. Witness saw no hitch in laving the anchor, which was done expeditiously, without' risk, in a short time. If necessary, the harbour punt might have been used to lay tho anchor. "There was not the least danger of the line fouling the propeller. The anchor could not have done any damage if it were properly secured. Witness felt quite confident the hawser v :is enough to take the Alexa off. On the night of the refloating witness -dffrived before the Thistle. The Alexa uas shifting then, heaving with tho steam Avinch. Before the Togo came on the scene the Thistle* could rot keep the. Alexa in position, and witness could not see what good she was dong. The Togo kept the Thistle in position better, hut the vessel" would have come off without either of them. Tho .Alexa was tlear of tho stones and would not have scraped on them after high water. Witness thought £60 would be a fair reward for the Thistle's services

Cross-examined, . witness supposed Captain White might not have considered everything when ho agreed to accept the help of the Thistle. Witness did not know the Thistle and Togo were being employed. They were ab-s-oJutely useless, and ho would have wanted to ki'ow what they were going to rharge. The £60 estimate was not inado on a salvage basis. Referring to the refloating, witness did hot observe the Alexa crash back into the breakwater' when the line parted.- If it did so it would not show that the Alexa could not have got clear herself.

Ludwig Symonds, master of the Togo, said that in consequence -of instructions ho went down the river on the night of Wednesday, 14th December. The Thistle was about five minutes ahead of the Togo, and had just got hold of the Alexa when the Togo arrived. The sea was smooth. Witness did not think the Thistle could have kept the Alexa off the wharf. She had a line aft instead of amidships. She could not have kept straight. The Alexa could have got off by herself. £50 or £60 would be fair payment for what the Thistle did.

Cross-examined, witness said the Alexa would have been in a very serious position if bad weather had come up. He really had not considered his opinion about the value of the Thistle's services. The mate of the Alexa was wrong iri saying the Togo was fifteen minutes behind the Thistle. Neither the Togo nor the Thistle were any use to the Alexa. Witness was obeying orders.

Arthur Marychurrh, engineer of the Togo, was in tho Thistle ensine-room for 15 or 16 months. The Thistjo was 90 horse-power (indicated), but her power had sinco been reduced by alterations to the-engines. Witness reniGmbercd her taking four hours to go four miles in bad weather. The Togo Avas 200 or 300 yards behind the Thistle oi* the Wednesday night.1' Tho uriather was smooth. 'The A'lexaVrgot off by her own anchor. The tugs would be a little assistance when tho boat moved.

Cross-examined, Avitness said there would be more, power in the Alexa's winjh than in the "two tugs combined. Witness did not know that £500 wars kept back till it was seen that the Thistle's power was not depreciated, and that the £500 was returned.

Alexander Hatrick, merchant, said the Alexa freight was something between £350 and £400. Witness then related the circumstances leading up till Wednesday night, and said that tho Alexa was not affected by tho tugs, but moved on tho top of the waves when the winch was worked. Witness did not at any time instruct tho Thistle to do more than lay an anchor and stand by to tow the Alexa inside when she was once off. He had no idea she would be of any use. She had only towed the Alexa in favorable ■weather. Other vessels were used whon. the weather was rough. The weather on Wednesday evening was quite fine. Other vessels were avail- , able, but a steamer had never been used before to tow a vessel off tho beach.

The Court then adjourned. The Court resumed at 2 p.m., when the giving of evidence by Mr. Hatrick was resumed.

Witness, continuing, said that after the weather moderated he did not consider his vessel in any great danger. The great qiiestion was when could ! they get her off? Lying up against the breakwater had tho compensating advantage of preventing the vessel getting broadside on to the beach. Captain White, who had sailed the vessel sinco she was built seven or eight' years ago, was a^ competent master, and .witness had sufficient confidence in him to know that he would not have left the vessel on Tuesday night if ho had not known there was no .danger. _ Tho piles were broken the next morning when the vessel was being hauled off. Captain White had a share in the vessel. To Mr. Treadwell—Mr. Cresswell was a fair and reliable man. No remuneration was suggested on tho evening of Monday for services suggested. He thought perhaps the amount for a. double tow would be £30 or £40. Had ho thought there would be a claim of £250 witness would . have made other arrangements. Witness asked for a reasonable amount to bo fixed. He knew the Freezing Company thought their claim reasonable. He heai*d,Cap-

tain Connor's reply that lie "could not do anything of this sort without risk, but he took this to mean the usual risk. He engaged the Togo to do anything that was necessary. He knew she was a capable and handy little boat. He thought it was. a very prudent thing to do to use the Togo. He would like to get one of the others on the same terms.. The vessels were of no service until the Alexa absolutely floated. | Arthur Gorbell Bignell, contractor, ' said he went down to Castlecliff on the Monday night when the conversation took' place. Mr. Hatrick asked Mr. Oresswell whether one of the lighters would be available to lay an anchor and generally assist with the Alexa. Mr. Oresswell replied that tho Thistle would be available, but that nothing could be done till the weather moderated. Defendant told Captain Connoi< that ho must take no risk with the boat. Mr. Hatrick also told Mr. Cresswell that he hoped his charges would be reasonable, and Mr. Cresswell replied that he knew his company i would not take advantage of an ao i cident like this. The party came down aorain next morning, and then again . on Wednesday morning. They met Mr. Oresswell ad Captain Connor on the Castlcliff wharf. Captain Connor j got an anchor out, and it was also i

arranged that the Thistle should stand by when the Alexa came off that evening. It was again emphasised on him that he must take no risk. They went on to the breakwater, and it was found then that-the Alexa was moving. They were on the breakwater again in the evening. As the weather was moderating on Tuesday and Wednesday witness' opinion was that the vessel was in no danger. His opinion also was that the two boats did not lend any assistance, for when the tow' line broke the Alexa did not go back. At the time he expressed the opinion to Mr. Hatrick that if the company was paid for two towages that would be sufficient.

To Mr. Tread well —Captain Connor did say that no work or any seafaring j work could be without risk. : This concluded the case for the defendants, and after counsel had addressed the court, his Honour intimated that he would take time to consider his decision.