SUPREME COURT.

Evening Star, Issue 4259, 20 October 1876, Page 2

SUPREME COURT.

FKTOAY, OCTOBKR 20. ; (Before Hi* Honor Mi- Justice Trains Macandbew r y. Natiokai. Tn& and MaRHOS IKStfftANCB L 2.650, amount of policy "of insurance .on railway plant lost in the barque Csesarewitch* : '/ ■TMai morning the' cas&was resumed, the following evidence being given for the plaintiff:— ."" w .'.'. '^TF ; Thomson, at the Bluff: I have been on" the ttslSa*e*witcb, several times. Capt. Webster askedjme to notice her strength and so I ha&& look over her. -My attention was not sdfi&cted to "anything in particular and I »b*ft no suspicion of her being tmseawbrtlrj. f 'iFrom what I saw I came to the opinion lhat she was a very strong vessel. Hammering any vessel against a head sea would causelier to leak bo much that if persisted inshei pould sink. By Mr Macassey: the barque had been docked fpur v i> times for leaking and unßeaworthinessJttat her, .crew had refused jbo. go •in her until put into a proper state of repair, that her previous captain. had deposed in Court that he would riot proceed mfier to Sydney, and that some of tier beams had been cut and her knees out of .not allow her tojgo to iea witboutipe&rsoiial examination. The crew, of .a yes£eji are sometimes known to refuse to tfo'to set!, in a vessel when there the ship, and masters often.leave their ships when they are not unseaworttiy. David M'*arlaneV mate o'f r the*. Cjesarewitch: I served in the barque for* five months up to the time of !her Idea. r * She was a good, substantial vessel and none of the crew had ever, complained of her unseaworthiness but simply of her requiring new rigging. On the passage to Sydney she leaked when meeting wfoh the heavy weather and being driven against a head sea continuaUy.- -The meiwridart protested against proceeding on the way to Sydney as the ship was opening-ap forward, near the, fore foot, and the wateirwasfatMeamlngin.: She-was then run ashore it Big Bay and went to pieces.i By tyr Macassey: The Csasarewitch might be old. §he did not as aTrule makei"sb much water as many quite new ships do. Witness's croßs-examination, as, fto ., theafcte of the ship generally was continued at; ereat length.- = l ■.;,■-' : ~, .:■*.&,£ David Proudfoot said he ipaid for the Ceßsarewitob, having, purchased l hpr in Melbourne. At the time' she was tost she was insured for 1&000—L1.500 in-ffifeSouth British, and LSOO in the Ifatijiat of Australia. , Gross-examined: Repairs' to' the vessel brought Ker value up to L 4,000. Her earnings would reduce the amount by LL 000. I met Captain Webßter hear theßlSk of New Zealand last evehirig, j^4f conversation with him,. ' "*' , "' trt i % Macassey: Had it the subject "matter of this case, or & the evidence given by him ? ■■»•■.- . Mr Haggitt objected to the auesift but wasdvermea. - ( .'.'..'„.," fitness: I met Captain Webeterjesterday evening about six o'clock, 'an'dsald, "I hear yon are speaking very much against the vessel—that is different to whatlyoul told mef Hesaid, "It'salie.'? * lala>W<L "I have heard it stated you said jn Court to-day that she was in an- unseawbi I thy ,> condition. That is a different statement to what you made to me when I told you the insurance agents said she was unseawbrtW and you said that if the insurance companies said so they would not have a leg tjb stand upon." I said to him "There was something much more wrong with you than nervous debility . when tile inquiry at (W"$SdL " I said, "An overdose of something haijsomething to do with your nervousdebilityM—meaning he had been drinking too much. I also said his flustering .manner when he was in doubt as pay him his wages was no doubt the cause offals calling the vessel unsea worthy. Mr Macassey: And aid you thinV it ' proper to speak to him in that manner, knowing he was a witness in-tfanaMrf* Witness: I said nothing to my knowledge which would affect him in any shape or way. Had he not been examined tins would not have taken place. Witnesses were ordered out of Court yesterday, and my conversation was based upon what was told me Webster had stated in the witfiest-box. My brother was present, and some high words passed. >i ; »v.r v, , •<. His Honor: Witnesses who attend this Court to give evidenceto the best of "their ability are entitled to the protection of the Court, andif neceesaTy %he<Jourt will Interfere to protect them from insult'of any kind which they may cor. sequence of the evidence" gr#tf by them. I have no doubt the conversation but it is jußt as weU generally that, if interfere to protect witnesses. I ttonTfcmean to say that. in this Sjase>oanysbift»>seriottß occurred. . jsL*,v Mr Froudfbbt: Ididnot wish to intimid*tetb* witness ia form. X '