THE LOSS 
 
 OF THE 
 
 '^CITY OF BOSTON/' 
 
 INMAN Y. JENKINS. 
 
 AN ACTION FOE LIBEL, 
 
 TEIED AT THE LIVERPOOL ASSIZES, 
 
 BEFORE MR. JUSTICE LUSH AND A SPECIAL JURY, 
 
 ON TUESDAY AND WEDNESDAY, 
 
 August 30tii and 31 st, 1870,. 
 
 LIVERPOOL : ^ ^ , . 
 
 REPORTED AND PRINTED BY LEE AND NIGHT-NGALE, 
 15, NORTH JOHN STREET. 
 
 1870. 
 
^ y c ^a 
 
 
 '5! 
 
 NOV 2 8 1945 
 
THE 
 
 LOSS OF THE '' CITY OF BOSTON." 
 
 INMAN V. JENKINS. 
 
 This was an action for libel, tried at the Liverpool Assizes, 
 before Mr. Justice Lush and a Special Jury, on Tuesday and 
 Wednesday, August 30th and 31st, 1870. 
 
 Mr. Millward, Q.C., Mr. Butt, Q.C., and Mr. Charles 
 Eussell, instructed by Messrs. Duncan, Hill, and Parkinson, 
 of Liverpool, were Counsel for the Plaintiffs ; and Mr. Pope, 
 Q.C., and Mr. Gully, instructed by Mr. W. John Wilkinson, 
 of Lincoln' s-Inn Fields, London, were Counsel for the 
 Defendant. 
 
 Mr. CiLA^ELES Russell opened the pleadings. He said : — 
 In this case Mr. William Inman and several other persons are 
 the plaintiffs, and Benjamin George Jenkins is the defendant. 
 The declaration sets out a libel upon the plaintiffs relating to 
 their business as owners of steamships, and especially as to 
 the loss of the "City of Boston." The defendant, as to two 
 several parts of it, pleads two several pleas of justification, and 
 to the whole hbel he pleads " Not guilty." 
 
 Mr. Millward, Q.O., stated the case. He said: — May it 
 please your Lordship : Gentlemen of the jury, — The lirm of 
 Messrs. Inman comprises several names, but it will be suffi- 
 cient for your purpose to know that they are the proprietors of 
 the line of steamers running under the name of "The Liverpool, 
 New York, and Philadelphia Steamship Company," between 
 this port and ports of North America. The line is, of course, 
 well known to every gentleman on the jury. The defendant, 
 
Mr. Jenkins, is — well, I don't know whnt ho is, but I believe 
 from what I have heard that lie is in some wny eonnerted with 
 studies for the law. Ho had nothing to do with the " City of 
 Boston ;" but he took upon hinisolf, in tho energy of his 
 own views, to publish — and to publish in tho most public 
 manner — a statement against tho interests of tlio Messrs. 
 Inman's lino of steamers. He published in tho Times 
 newspaper tho statement to which your attention will have to 
 be called, and which I must say is a most serious reflection 
 upon the line of steamers belonging to the plnintifl's. You 
 have all heard — everybody in England has hoard, and eveiy- 
 body almost in the habitable globe has heard — of the ' ' City of 
 Boston ;" how she left Halifax, and how from that day to tho 
 present moment she has never been heard of. And of coitrse 
 you will all remember the excitement and conunotiou that 
 existed among all sorts of mercantile, travelling, and family 
 interests in regard to the loss of that ship. Of course, at tho 
 time it attracted much discussion ; but, except in one or two 
 instances, never a word was breathed or a syllable uttered 
 which in any sense whatever could alfcct tho credit of tho line 
 or the character of tho ship or tho position iii whicli she had 
 been placed by her owners. I say, in one or two instances, 
 because in another instance a word was uttered incautiousl}- 
 by another gentleman, and that gontloman took the course 
 that well became him; ho said that liis expression had been 
 incautious and incorrect, and lie was sorry fur it ; and he 
 instantly published, in the same way in wliich the mischief 
 had been perpetrated, an antidote, and there was an end to 
 any action in tho matter. In the present case, h(jwever, that 
 is not the course which Mr. Jenkins — perfectly right, if he 
 could only prove his case — has adopted. Now, before I go into 
 details, I will say a few words in regard to tho histoiy of tlio 
 ship. The '' City of Boston" was one of tho Inman lino so well 
 known ; and two steamers, and sometimes throe steamers, of 
 that line leave this port ovei'y week, running from hero to 
 Halifax, New York, or Boston ; but i)rincij)ally, now, their 
 
traclo is from Now York and Halifax to the port of Livorpool. 
 The "City of Boston" was perhaps ono of tlio finest of the 
 hno. She was huilt in 18G5, by Messrs. Tod and Macgrogor, 
 of Glasgow, (ono of the most eminent firms of shipbuilders 
 known in Enrope,) and she was a serow-stoamer of, I think, 
 2,200 odd tons. Messrs. Tod and Macgregor had been in the 
 habit of building tor the Messrs. Inman all their largo steamers 
 for sometliing liko twont}' years past; and for them to havo 
 had such customers for such a period of time must prove that 
 the builders -wcro satisfied with their customers, and it must 
 also prijvo that the customers were satisfied with their builders 
 wlieii they continued with one firm, building immense vessel 
 after immense vessel, until now perhaps the Company have got 
 one of the finest fioets in the world. The " Citv of Boston" 
 was built, as I liavo said, in 1865, and sho was lost in the early 
 part of this year, so that at the time of her loss she was under 
 five years old. Practically, therefore, she was a now ship. 
 She was built with seven water-tight compartments, somewhat 
 an unusual extent of water-tight compartments. She had 
 engines of 3G0 horse-power nominal, Init capable of being 
 worked up to 1,772 actual horse power; so that she was an 
 immensely powerful ship. Her length per register was 312 
 feet, her beam was 39 feet, and her depth of hold was 
 25Vo feet, llev builders' measurement, as I have told you, 
 was 2,278 tons, (that includes the engine space,) and her 
 gross tonnage, according to the certificate of registry according 
 to the Custom-house measurement, excluding engine and 
 boiler space, was 2,213 tons — that is, her builders' measui'o- 
 meut was 2,278 tons, and her registered tonnage 2,213 tons. 
 Well, now, gentlemen, this model [pointing to a model of a 
 vessel] has been brought in hei-e, but let me at starting tell 
 you that that is not an exact model of the " City of Boston." 
 It is, however, an exact model of the " City of New York," 
 which is another of the same line of vessels. And the ** City 
 of New Y'ork" was an actual sister ship in every particular 
 except one, and that is the "City of New York" is thirteen 
 
feot lonpor thnn the " City of Boston " was. So that, although 
 that model has boon put bofovo you, we havo no niodol of the 
 " City of Bos jn," and thoroforo wo were not able to supply 
 you with a model. But wo havo, fortunatoly, photographs of 
 her which will bo laid before you ; and, with the view of 
 assisting you in understanding tlio case, we havo produced 
 before you that model of the sister ship. But I avow it, and 
 I wish it to be thoroughly understood, that that is not the 
 model of the " City of Boston," but it is a model of tho " City 
 of New York." I havo a picture here. Here is a picture, and 
 here are photographs of it. I will hand one of them to my 
 Lord. Of course wo had not an opportunity of photographing 
 her before she went to the bottom. 
 
 Mr. Pope : She certainly was not photographed at sea like 
 that. 
 
 Mr. Mill WARD : In order that you may undei'stand the 
 
 character of the vessel, I will hand one of them up, because it 
 
 wiU save me time, you know, gentlemen, in descinbing the 
 
 character of the ship, because you will see at a glance what it 
 
 would take me four or tive minutes to go through in detail. 
 
 Well now, gentlemen, if you will look both at that and the 
 
 model, you wiU be able probably better to follow what I am 
 
 about to say. Now 1 don't suppose that a finer vessel ever 
 
 left the port of Liverpool. We have a picture taken of the 
 
 ship by hand, and that picture was photographed. Well now, 
 
 gentlemen, you will notice upon that, as you will also notice 
 
 upon the model, that she has from forward to aft a hurricane 
 
 deck, a complete hurricane deck. She was built, as you Irnow, 
 
 in water-tight compartments. From that longer lino of gold 
 
 which you see here, which is the covering board to the rail 
 
 which is the iipper lino of gold, represents the bulwarks of tho 
 
 ship. Of course inside is tho main deck of the ship. The 
 
 bulwark is six feet above the covering board, that is to say the 
 
 covering board runs along the length of the deck, and really 
 
 runs inside that. In tho centre of the ship, for ii width I think 
 
 of eighteen feet from the chock of the bows right aft to the 
 
very stem post of the ship, runs the hurricane deck, which 
 comes out here to those rails forward, and is carried on by the 
 grand promenade deck, which, as you know, you are so accus- 
 tomed to see in these Transatlantic steamers. That dock 
 contains a saloon for the cabin passengers, contains many of 
 the officers' cabins end matters of that sort upon that deck, and 
 that is, I think, seven foet high, — seven feet above the upper 
 deck, — so that practically for some purposes that forms another 
 deck above and upon that main dock of the ship. You will 
 find that that would be of course a great protection to any ship 
 in tlie sea way, — would bo in fact an upper terrace or upper 
 deck. But you will see, presently, that it is not necessary for 
 me to go to that part of the case. That was the class of ship, 
 and I may tell you what she cost to build ; about five years ago 
 she cost Messrs. Inman to buHd £84,000. She was bran new 
 for thom, built for them, and she cost £84,000. She stood in 
 their books at the time of her loss at something over 
 £65,000. She had run for four or five years, and you 
 know how merchants' books vary about the way in 
 which different vessels stand in their books. In order to show 
 the position of Messrs. Inman' s Company in the matter, I am 
 bound to mention this fact to you, as a most important fact, 
 that she never had been insured since she was built for over 
 £30,000. But it so happened that the insurance — which are 
 time policies in these lines — had run out. On her voyage home 
 from Halifax Messrs. Inman had only insured her for £20,000; 
 therefore, although she had cost £80,000, and was of the value 
 of £(50,000, they were their own underwritoi's on that ship to 
 tho extent of upwards of three-fourths of her value. When 
 you have to deal with the charge which is made against 
 us presently of having overloaded that sliip for the sake 
 of the freight on a few extra tons of cargo, it is a strong 
 observation to say that such a line, with such a condition of 
 policy, would be adopted. Now this ship started in 1865, and 
 up to the time of her loss she had made eighty-five passages 
 across the Atlantic— eighty-five passages altogether. Eighty-five 
 
8 
 
 times sho liacl crossed the Atlantic, not ciglity-livo times 
 round, but oighty-fivo times Imd crossed tho Atlantic, 
 nnd slio Iiad not, uuring tho wholo of thnt tinao, over 
 missed a trip. Who had never boon laid up for tho winter 
 except for repairs, and for the usual and proper supervision and 
 attention. Sho always had, at all seasons of tho year, 
 performed her duty to tho entire satisfaction of every party 
 interested in her. I will call before you captain after captain 
 who commanded that ship, and ofiicer after officer who had 
 been in her at all seasons and all times of the year, and you 
 will hear from them the character and condition in which that 
 ship always was. It is not merely that, because upon every 
 occasion that ship was cariying passengers — all tho linos of 
 tho Transatlantic steamers are in the habit of currying across a 
 number of passengers — and that ship was inspected from time 
 to time by tho Government inspectors. 8ho was passed by 
 them as capable of carrying and lit for passengers, and in every 
 possible I'espect every caro that could bo taken about the ship 
 was taken, and she always gave eveiy satisfaction. So far as 
 the officers of tho shi]) were concerned, the gentleman who 
 commanded her, Cai)tain Ilalcrow, had been in tho service 
 for ten or twelve years, nine years commanding a ship on 
 the part of the Innian Company. Therefore ho was an 
 old, tried, and conlidential servant, 1 may say, of the 
 Company. Iler tirst officer, or mule, Mr. Mortimer, 
 had been in tlie Company's service for eight years, and 
 of course it was in his charge that tlio loading of the 
 ship was left more than in the charge of the captain. The 
 second officer had been in tlie service of the Company for tivo 
 years, and tho third officer Imd been there also for a very 
 considerable period — for about four years. Now, gentlemen, so 
 far, therefore, as you take the connnanding officers of the ship 
 3*011 have them all men of experience and men of trust. Her 
 crew consisted altogether of something like 8 -> hands. I think 
 sho carried for a crew, engine men and altogether, soniething 
 like 8j men. You will have tlio exact ligures bye-and-bye, 
 
9 
 
 but it if* oiiongh to say now for prcMcnt puiiiOMCH 85 hands. 
 .Sho Bailed on liov outward voyage, having been inspotted by 
 iho Emigration Oflicors and liaving boon passed l)y them in 
 porlbft ordor as usual. Sho huiiod i'roni thin port on the 1st of 
 January in this year, and arrived out at Now York in duo 
 rourso. In tlio courso of her voyage out something had gouo 
 wrong with one of the fans of the sorow. You may notice 
 lioro, as I turn it round, that the screw wliioh appears on this 
 model, and whieh is the cn-dinary sorow used })y the Inmaii 
 Comi)any and by most of the largo Transatlantic steamers, 
 is a three fan sorow, and in tho course of the voyage out one 
 of those fans had broken. It had broken before sho arrived 
 at Halifax, and sho went into Halifax with tho broken screw, 
 went on from Halifax to New York with the broken screw, 
 and made a very good time of it with tho remaining two fans. 
 She arrived in perfect safety in every possible respect except 
 that accident to the screw. Well, now, it s(>oms that these 
 screws in all these vessels are liable to go wrong, and in order 
 to provide for this contingency this Company are in the habit 
 of keeping in Now York — of course in Liverpool they can get 
 a new screw in a few minutes, but at New York they cannot 
 <^oi a three-fan scrow, there is no such thing to bo had, and it 
 seems that those three-fan screws — you will readily follow mo 
 wlien 1 mention the fact — are of such a shape and such a 
 weight that of courso thoy could not be carried on tlie deck of 
 the ship with safety and iirudeuce. It would not be right or 
 l»rudent to take one from this country on tho deck of tho ship, 
 it Avould not go througli the hatchways ; accordingly, the 
 practice of these lines of steamers is to keep in store at New 
 York another screw, which tlu-y can aj^ply in case of anytliing 
 j^(jing wrong to tho ordinary screw of tlie ship. And tho 
 "City of Jjostou" had at Now York for her own purpose, 
 a screw applicable to her, and belonging to her — not 
 a screw intended to lit any ship at all that might luippen to 
 want a screw, but a screw applicable to her macliiuery, which 
 was a two- fan screw, and which was a screw thev could stow 
 
10 
 
 on the deck, as it was not bo cumbrous or inconvenient as a 
 three-fan screw. The two-fan screw would go through the 
 hatches, and could be stowed awny down in the bottom without 
 any difficulty. Therefore it is on that ground tliat the two-fan 
 screw was there. That solf-same screw, the two-fan one, had 
 been usbJ by the " City of Boston" just exactly one twelve- 
 month before. A similar kind of accident had happened to 
 the '* City of Boston" in the vogage out, in the month of 
 December, 1868, or the beginning of January, 1869. She at 
 New York, in January, 1869, had taken in this two-fan screw ; 
 she had come home in the dead of winter, January, 1869, with 
 the two-fan screw, the very self-same screw which I have 
 mentioned already, and had made that passage home at that 
 time of the year an exceedingly good passage. She got home 
 from New York to Liverpool on that occasion with that very 
 self-same screw in eleven <lays, five hours, and twenty-two 
 minutes. So that you see it was no makeshift and no untried 
 screw. It was a screw made for the purpose ; afterwards taken 
 out of the ship and put in store in the event of her having 
 occasion to use it again. Well, now, gentlemen, doctors differ 
 in regard to fans and screws just as much as they differ in 
 other things, and you will bo astonished to find that the Royal 
 Navy of England still remains very much of opinion that the 
 two-fan screw is the best, and I believe you will be told, as a 
 matter of fact, that most of the vessels in the Eoyal Navy up 
 to the present day use the two-fan screw. If that be so, there 
 is not much to question between tlio two. lUit you will be told 
 by geutlemen who know about these matters, that, with a head 
 wind, when you want to drive a vessel without any assistance 
 from her sails, that possibly a throe -fan screw will drive a 
 vessel faster, but that, v.-ith a light wind, the two-fan screw is 
 the best. But so far as the safety of the vessel is concerned, 
 there is no difference between the two. There is no doubt, 
 gentlemen, all those lines which have to carry passengers have 
 to consider a great deal ; they have to consider the convenience 
 and comfort ""f the passengers ; and you will readily see that a 
 
11 
 
 three-fan screw ia more in the water, and that the fan out of 
 the water for the time being more rapidly comes into the water 
 than the two -fan screw, therefore there is rathor less vibration, 
 rather less shaking of the after-part of the ship, and for that 
 reason it is preferred. But so far as the bafety of the ship is 
 concerned, or, as I have already said, so far as the safety, 
 practical safety, and certainty of the voyage is concerned, 
 there is no difference between the two. Now, gentlemen, she 
 was in that condition at New York. She had the screw 
 properly fitted, and was prepared for her voyage. At New 
 York she took in a cargo — a general cargo, not particularly of 
 any one lot of goods or another, but a general cargo such as 
 these vessels commonly take — cotton, oilcake, flour, beef, bacon, 
 hops, tallow, wheat, some copper ore, and other articles of one 
 sort and another. The actual weight of that cargo which she 
 took in at Now Yoi-k was 890 tons. Will you have the 
 kindness to bear that figure in mind — 890 tons. We have 
 sent out for evidence froiu New York, and that is proved 
 beyond all possibility of question, that the whole amount of 
 cargo which the ship had in when she left New York was 890 
 tons. Well, of course, plus that she would have coal for the 
 purpose of her voyage, and wo find that the actual quantity of 
 coal which she had on board when she left New York, or at 
 least when she left the quay at New York — that is the proper 
 expression — was 937 tons; so that you have her, therefore, 
 with 890 tons of cargo and 937 tons o.'" coal ; and that was all 
 the burden which she had iu her at New York. She left New 
 York, therefore, iu that condition, and when she left Now 
 York — and that is proved beyond the possibility of question — 
 she was drawing on an even keel 22 feet 3 inches ; that is, 
 according to the marks on the bow and stern of the ship, she 
 was drawing 22 feet 3 inches on an even keel. Well, gentle- 
 men, she started with that cargo and with that di'aft of water, 
 and her course was to call at Halifax. The voyago or sail to 
 Halifax occupies about two dayts on an average. She started 
 on the 25th January and slie reached Halifax about mid-day 
 
12 
 
 on tho 27th. She went alongsiclo tlio wliarf or quay at Halifax, 
 and remained tliero until slio started afterwards on lier vog'ago 
 to England. Well, now, in order to test the condition of 
 the screw on that voyage — because this is tho screw in 
 question which she had got at Now York — I may mention 
 that she made with that screw about twelve knots an hour on 
 the voyago from Now York to Halifax, tho full average 
 speed, and that everything went as well as coidd possibly be 
 expected on that voyage. She arrived at Halifax on tho 27th. 
 She had then, of course, boon at sea for two days, and tho 
 consumption of coal was about 70 or 75 tons a day ; so that 
 upon her voyago from New York to Halifax she had consumed 
 fully two days' coal, and she had, tlierofore, consumed about 
 150 tons of coal. AVell, tho 937 tons of coal she had on board 
 at New York becomes reduced by tho 150 consumed on tho 
 voyago. She took in Jio more coal at Halifax. That is not the 
 course of tho ships ; and, in point of fact, she did not take in 
 any more coal ; so that you have licr at Halifax with 150 ton.s 
 less than when she sailed from New York with tho draft of 
 water to which I have referred. At Halifax she took in some 
 goods. There were some officers' goods at Halifax, and tho 
 agent at Halifax had telegraphed to New York, " Please 
 reserve space for Halifax cargo." Accordingly there was somo 
 space reserved for goods to come homo I'roni Halifax, and A\r 
 have an account of every article put on board that ship at 
 Halifax. Hero is a list whicli shows the extent of tho goods 
 and everything comprised in her. They were all measurement 
 goods, except, I believe, fmr or live barrels of pork. I am 
 not sure that they were not measurement g(jods ; in fact, yon 
 may take it they wero all measurement goods ; and tho actual 
 freight of these goods, Avliicli you will luivo to direct yuur 
 attention to, was 20 tons. So that you have 20 tons put on 
 board at Halifax, and you have her, when slio reached Halifax, 
 150 tons lighter than when she left New York. It Avill be my 
 duty to show that she was not overladen when she loft Ni'w 
 York, and that she was in excellent trim — tho usual trim uf 
 
13 
 
 the vessol lierself, or of that Hue of steamers in geuei'al. But 
 if she vrixfi in excellent trim nnrl light draft of water at New 
 York, her condition at Halifax Avas that of having 150 tons 
 less on board, and, n fortiori, she was so much the less over- 
 laden when she left the harbour at Halifax. At Halifax she 
 took on board some extra passengers and the mails, and 
 started on her voyngo. And now, gentlemen, comes the charge 
 which ISlr. Jenkins, the defendant in this cause, has thought 
 proper to bring against ♦:his ship in particular, — of course, in 
 so doing, involving the character of the line of vessels, and 
 the mode in which the lino ia conducted. But before I come to 
 that, let me just summarise the figures again. The actual 
 register is 2,213 tons ; the builders' measurement is 2,278 
 tons. I need scarcely remind you that the ordinar 7 calculation 
 amongst aU merchants and shipowners is, that you may add 
 cargo or weight on good vessels to the extent of about one- 
 third of the builders' measurement ; that the builders' measure- 
 ment being, for the sake of argument, 3,000 tons, you may 
 load her up to 4,000 tons. That would give, adding one-third 
 to 2,278 tons, a figure of 3,037 tons as the ordinary calcu- 
 lation of what this ship might carry ; or, if you take the gross 
 register under Government measurement, it would give you a 
 figure of something like 2,980 tons. Practically, therefore, 
 whichever way you ])lea.'io, you might have had about 3,000 
 tons weiglit on board tliat ship, according to the ordinary 
 rules, as well Lloyd's as underwriters' and shipowners' in 
 general. Of course, in that calculation, you must bear in mind 
 that the engines, boilers, and so on are to be included. But 
 I will show you that the weight of the engines and boilers, and 
 everything connected with that part of the ship — the boilers 
 being full of water, which is, of course, the strongest way to 
 put the case against myself — was only 390 tons. Therefore, if 
 you will follow me in my figiu-es, she had from Halifax a cargo 
 of 910 tons, 787 tons of coal, and 390 tons in the engine 
 department. Figure these together, and you will find that the 
 ship had a gross burden of 2,C&7 tons, and no more. I have 
 
14 
 
 shown yor the figures to show that the ship's capacity was for 
 3,000 tons, and the gross amount the vessel had on board at 
 that time was 2,087 tons ; so that, in point of fact, the ship 
 was underweighted. You have heard a good deal, you know, 
 of the loading of warehouses, and, some of you, of the loading 
 of ships ; but this ship was, in fact, underweighted when she 
 started on her voyage, underloaded to the extent of nearly 
 1,000 tons. Those figures are in black and white. She arrived 
 at Halifax on the 27th, and she left about noon on the 28th. 
 Now, it just happened — and this may account for some part of 
 the story — that at the time she left it was dead low water, and 
 the ship being in the tide way, she would appear to persons on 
 the pierhead or stage to be low in the water. I dare say that 
 may account for the idea which some of the witnesses — if the 
 defendant produces any witnesses — may have formed of the 
 ship. Well, gentlemen, she sails that afternoon. It came on 
 to blow hard two or three days afterwards, as you will be told 
 in evidence ; and from the time she left the harbour at Halifax 
 she has never been heard of. Well now, gentlemen, her draft 
 of water when she arrived at Halifax was 21 feet 7 inches 
 forward, and 21 feet 8 inches aft. She had, therefore, 
 lightened after she left New York ; and I am further able to 
 show you that her draft, when she arrived, was within an inch 
 or two of what she drew when she left. Of course, that would 
 be a flea bite in a ship otherwise so lightly loaded. This ship's 
 depth of hold was, as I have told you, 29t'V feet, and you 
 will find that, according to the rules of Lloyd's and the Liver- 
 pool rules, and according to the known practice of Liverpool 
 vessels, she would want 6 feet 6 inches of freeboard. Well, in 
 point of fact, when the ship left Halifax she had 9 feet of 
 freeboard; so that she had 2 feet 6 inches of freeboard to 
 spare, which, in all these vessels, is a great margin. But I 
 shall show you, that although this ship left Halifax drawing 21 
 feet 7 inches forward and 21 feet 8 inches aft, she had on 
 many previous occasions gone across the Atlantic starting from 
 port drawing 22 feet 6 inches ; and that at all seasons of the 
 
16 
 
 year, and under all circumstances, she had been passed by the 
 Emigration Commissioners, and persons of the best possible 
 judgment, at a very much greater draft of water than on the 
 present occasion. There is a practical difficulty, also — one 
 which, I think, you will readily recognise the moment I 
 mention it — in overloading one of this line of vessels. Eecollect 
 their business is a passenger business very much. They are 
 built for passengers. They are intended also for cargo, but 
 the construction of the vessels is such and the space reserved 
 for passengers so large that I am told you cannot overload 
 them. There is not room, there is not space in these ships 
 into which you can stow goods so as to overload them. That 
 is the state of things when the vessel sails; and I need 
 scarcely say that to no one was the grief, regret, and astonish- 
 ment at the loss of the ship greater than to the managers of 
 the Inman line. They had carried for a long period of years 
 thousands and thousands of passengers backwards and for- 
 wards across the Atlantic, and for the last fifteen years, until 
 this unhappy business of the " City of Boston," of the thousands 
 they had carried they had never lost the life of a single human 
 being. For fifteen years long had their vessels traversed, at all 
 seasons of tho year, in all weathers and under every state of 
 circumstances over perhaps the most tempestuous ocean that is 
 known, and during that fifteen years they had carried upwards 
 of 533,000 passengers across the Atlantic without the loss of a 
 single life. Gentlemen, the fact speaks trumpet-tongued. It 
 speaks for the care, the anxiety, and the good management 
 bestowed on the ships, as well also as it speaks for the good- 
 ness of the sliips themselves, and for the care and attention 
 of their officers. Fifteen years without an accident, carrying 
 five hundred odd thousand people without the loss of a life ! 
 And of all the ships that had ever been under the control of 
 Messrs. Inman, perhaps the very last they would have ever 
 anticipated the loss of, if they would have anticipated the loss 
 of any of them, would have been the " City of Boston," which, 
 in the view of the Company, and of every officer of the Com- 
 
16 
 
 pany, and of every man who knew what the ship was, 
 \\ as considered the finest ship of the line, probably the finest 
 or as fine a ship as ever sailed out of the Eiver Mersey. Of 
 course, people began to talk, but, as I mentioned in the 
 beginning of the obseiTations I have made to you, no one 
 ventured to impugn the conduct of the owners of the vessel — 
 except in one instance, which was immediately apologised for — 
 except the defendant, in a communication to which I am now 
 going to call your particular attention. Mr. Jenkins took 
 upon himself, on the 1 2th March in this year — the ship then, 
 v( course, having been at sea from the 28th Jauuaiy, and 
 being a missing ship — to send to the London Times newspaper 
 — the medium, of course, you know, of the widest possible 
 dissemination of such a libel and such a scandal — he took 
 upon himself to send to the Times the document which I have 
 in my hand, and which I will read from the newspaper. It is 
 headed, in large letters, " The City of Boston." Of course, 
 anything affecting the "City of Boston" was interesting at the 
 time. It is immediately ibllowing the City Intelligence, and 
 in a prominent part of the novvspaper : — 
 
 THE CITV OF BOSTON. 
 
 7o the Editor of the Times. 
 
 Sir, — I beg lo send you an extract from a letter, dated the 25th ult., 
 just received from a Halifax merchant. — I am, sir, your obedient servant, 
 March 10. Z, 
 
 Of course, .we have had since to ascertain by inquiry from the 
 7>'wes who *'Z" was, and it turns out to be Jenkins; and 
 this is the libel for wliich Jenkins is responsible. A letter 
 from one man to another may be one thing, but that is not 
 publishing a thing in the Times newspaper. It is not bringing 
 the charge to the public attention, and, of course, no man 
 would have been injured by it if it had been confined to a 
 letter between one gentleman and another. But the sting of 
 the whole matter is in the publication, and Jenkins took upon 
 himself to publish the libel in question. I will read it, so 
 
17 
 
 that you may seo tho ofVuct of it. svitliout any Hue of oommout 
 in the matter : — 
 
 The "City of Boston," whicli sailed hence on the 28th of January last, 
 has not yet arrived in Liverpool. 'I'here is great anxiety felt here for her 
 safety, more especially as there are ■'O many of our merchanis on board, as 
 you will see by the Chronicle of tho 24th, She was deeply laden with 
 wheat, in bags, being iS or 20 inches deeper than the insurance allows. 
 She sailed from licre on a Friday, noon, and we had a fearful snowstorm on 
 the following Saturday night. If she encountered this, there is no hope 
 whatever of her turning \\\>. I believe she was in it, as the Orontes, which 
 sailed from here two days before, was caught in it off Newfoundland, and 
 nearly weiU down. Hesides, the "City of Boston" had only a Iwo-fui 
 screw, having broken iier own on her (julward trip. If she was not in liie 
 storm and has lost her loose screw, she has been driven south, and the 
 Azores \\ ill bring her up : in that case v,'c may not hear of her fur a month 
 to come. And yet I cannot believe that she escaped the storm, but went 
 down three weeks ago. I hope it may not be so ; it will greatly interfere 
 with business, as a great many of our merchant-, are aboard. Many of us 
 are sending home buyers by this lioat, having given up the "City of 
 Boston.'' 
 
 Now, gentlemen, wlint is tlio cl large ? It i.s a clmrge whicli, 
 to tho owners of any lino of steamer.s, is of the greatest 
 consequence ; but to tlio owners of a lino carrying passengers, 
 and liaving on Loanl, a.s thi^ letter Huy.'^, many of their 
 uierchantM, it is of fho deopept importance; and tho charge 
 which Mr. Jorikins took \ipoa him.self to mtiko is, in plain 
 terms, "You overloaded tliat ship with Avheat, in bags." 
 I don't care whether it is wheat, in bags, or anything else, 
 but "You overloaded that ship to such an extent, that she 
 was 18 or 20 inches deeper than the insurance allows." Is 
 that true ? Is all that I have been telling you fabulous ? 
 Is it all a dream, or is this true ? If it is true, well let it bo 
 proved. If it is untrue, let tho person who published it take 
 the consecpiences. Let him meet tho thing; let him deal 
 with it ; and let him, if ho has wronged Messrs. Inman by 
 bringing forward in public such a charge as that, make to 
 them the only recompense it is possible for a man to make, 
 who has committed such a wrong towards them. " She -was 
 
18 
 
 deeply ludou with wheat, in bugs"; — "Wo had a fearful 
 enowstorm" ; — "If she encountered this, there is no liopo 
 whatever of her turning up." Why ? Because she was 
 overladen 18 or 20 inches below what nny ship would bo 
 permitted by the underwriters to be laden. The letter, 
 therefore, os clearly points, as any letter can point, to this — 
 that the loss of that ship was to bo accounted for by the greed 
 of the Inman Company overloading tho ship for the sake of 
 the trifling extra freight, although in so doing they were 
 risking the uninsured portion of tho ship. Tho next proposition 
 they make is that tho "City of Boston" had only a 
 two-fan screw. True it is sho had only a two-fan screw, but 
 that had no more to do with the safety of the shi[) than if slio 
 had lost a flag on her voyage out. They are not satisfied with 
 saying that only, but they use this expression, which is intended 
 to convoy to any person's mind — and all tho more if tlioy know 
 nothing about it — a most serious charge against tho management 
 of tho ship : — "If sho was not in tho storm, and has lost her loose 
 screw, she has been driven soutli, and tho A/ores will brinjj; 
 her up." Of course, this letter iniuiediatoly attraeted tho atten- 
 tion of Messrs. Inman. TJiey immediately telegraphed to the 
 'Times, and tho Times says, as tho 'Jimca would do, "There is 
 the original letter. The gentleman from whom wo got it is Mr. 
 Jenkins. We give you up his name, and you must apply to 
 Jenkins about it." Of course, they publish immediately after- 
 wards an answer from Messrs. Inman slating that tho thing 
 is not true. Still, you may contradict a thing of that sort from 
 the mouth of tho libelled party, but peoide will go on believing 
 it until it has been brought forward into Court and examined 
 and proved to be false ; and even then people will go on har- 
 bouring tho thought that the vessel has been overloaded. It 
 was, therefore, essential to Messrs. Inman that tJiey should 
 take tho most prominent moans of challenging tho proof of tho 
 libel; and I will do Mr. Jenkins the ciodit of saying that, so 
 tar as this point of tho case goes, when this was challenged ho 
 did take upon himself, and he is now in this Court to say that 
 
those allegations wevo tnio. It is in ct)n9equonco of that plea, 
 ■^vhi('h is upon tho record, thiit you are empannellod here to-day. 
 It will bo your duty to scan, with all tlio anxiety which you 
 onn give to it, in the intorcatg of the public as well as in tho 
 interests of Messrs. Inman, whothov or not tliat statement on 
 the part of Mr. Jenkins is true, and wliother that was, in fact, 
 the cause of the loss of tho sliip. If that be true, of course 
 Messrs. Inuian must take tho consequences. If it is not true, 
 I ask you to bear that in mind in coming to the determination 
 you Imve to come to in dealing witli the case, and to mark your 
 sense, not merely of tho oriu,'inal charge, but of their persistence 
 in tlio origimil charge. Now, the defendant says, in so many 
 words, in his i>l«'a, tliat ^ho was overhiden with so many bags 
 of wheat 
 
 His LoHDSHiP : Ho does not say overladen ; he says, deeply 
 laden. 
 
 Mr. JCiLLWAiU) : lie says, in tho precise svords of tho libel 
 itself — "She was deeply laden with wheat, in bags, being 18 or 
 20 inches deei)or tlian tho insurance allows." That is my 
 friend's client's Linguage in iiic plea, and I think I was not 
 very wrong in introducing tho words "that she was overladen." 
 Ho also takes upon himself to deal with the question of tho 
 two-fiin screw, llo says she had a two-fan screw. And so say 
 I, too ; but I do not know what he means. Perhaps it is u 
 now notion of tlio young gentlemen in the pleaders' offices of 
 the present day. Certainly, when my learned friend and I 
 knew anything about pleading, it was to be understood in tho 
 sense my learned friend ^Ir. Pope and myself understood it — 
 that tho justification of the libel justified tho libel in the sense 
 in which it was written. But I think this gentleman seems to 
 draw some distinction, because he seems to say she had a two- 
 fan screw, and he forgets all about tho looseness ; so he leaves 
 out the looseness, and ho says she had a two-fan screw. 
 Granted ; and so have nine-tenths of her Majesty's ships which 
 are going all round the world. I believe the flying 
 squadron now going round tho world have got the two-fau 
 
 .<•••■ 
 
 ■■.» > 
 
20 
 
 pcrowa. Lot mo vcad you tlio wdvdn rofovrin;;- to tlii i piut of 
 tlio ortso, and thorto words duIv : *' JkHid^'^, tlio ' City of 
 ]3o8ton'liad only a two-J'an soiow, having- brulccii ht'i* own 
 on hor outward trip. If sho was in tlio storm, and has lo.st lior 
 I008O screw, pho has boon driven soutli, and tlio Azoros would 
 hring her up." Now, ono deduction IVoiU thai — and I 
 ask you, and M'ith conlidonce, if it is not a fair deduction — 
 is, that tho meaning of that is that the plaintills by thenisolvofi 
 and their agents and servants had improperly sent tho "City 
 of Boston " to sea in an unscaworthy and inoffcctivo state, that 
 she had a looso screw and that this screw was a bad screw. 
 Surely that is tho meaning — that sho had boon sent out in an 
 unseaworthy and inofiectivo state. However, that is tho stale 
 of things. Lot mo say that they took a month to draw their 
 l)leading8 to give them timo to send out to Halifax to inquire 
 into the circumstances. Our declaration is delivered on the 
 3rd of May, and their plea was delayed until tho livd of June, 
 and delayed on the ground that they might send out to Halifax 
 to inquire what plea they could put upon tlio record. Having 
 sent out they put this plea on on tho .3rd of Juno. And it is 
 to meet that that we are now horo. I have no doubt you 
 would like to hear what is the view of tlio persons wo have 
 consulted — persons who had as good judgmont as could bn 
 exercised in matters of this kind — take in accounting for tho 
 loss of this vessel. I say there is not a protonce for charging 
 ovei'loading, there is not a pretence for charging anything 
 wrong with tho screw. Those aro tlio two charges and Ihe 
 only two charges in tho case. Lot mo explain to you — booaus^ 
 I think you will follow the evidence bettor if you listen for a 
 lew moments to the short explanation I will give you — tho 
 custom of these liners — and I think it is ono which will 
 commend itself to your common sense as a prudent one — is for 
 an outgoing ship to leave at Halifax, for (ho uso of tho home- 
 coming ship, the next liner coming homo, a cojiy of tho log. 
 Of course you know the ship keeps a very careful account of 
 the winds, weather, and sea, and of all matters of this sort, and 
 
 
31 
 
 tho captains of homo-cuming 8lii[»:^, in ilotormining upon thoir 
 roiiMo, arc {^livd to obtain for thumsolvos all tho information 
 thoy can got in onlor lo n\ako mm good a piissugo as the 
 circuuistanct'.s will allow, and one of tho materials thoy uho for 
 that piivposo is tho log of tho siiip which has urrivod out n day 
 or so ])oforo thoy como homo. Now Iho nhip which arrived 
 out at ITalifux a day or so before tho " City of Boston " sailed 
 was tho "Etna," and tho captain of tho "Etna" gave, as 
 usual, a copy of tho log to tho agent at Halifax, which was 
 luiudod to Iho captain of tho "City of Boston" when ho arrived, 
 to assist him in dotormining his course. You will bear in 
 mind llio period of th" year. Ft was Januiry. Now tho 
 " Kina" had cnuu) by a northern course, and she reported by 
 ]wv lo^ !hal .^lic mol no ico on her road. It was tho end of 
 January. Of cuurso it was very early for tho ice to break up. 
 Remember, that upon the "Etna's " log thoro was a report of 
 no ice. Day after day there was an absence of ice. "Well, the 
 eil'ect of tliut in the minds, as wo understand, of all intelligent 
 captains would bo that a ship going bad; to England, knowing 
 that fact, and knowing t'.iat tho winds prevailing were 
 from the southward and westward, would take a northerly 
 course loo, not probably so far north as tho "Etna" 
 liad gone going out, but still a northerly course. It is 
 enough for my purpose to say a northerly course. 
 That would be, beyond doubt, the natural course for Captain 
 ^alcro^\" to take. What course he did take we are unable to 
 tell you. Of course the ship went down and we are unable to 
 toll you ; but wo assume ho did what every other ship captain 
 tolls you he would have done if he had been going the voyage. 
 We fmd from other vessels which passed along a few days 
 afterwards that the ice had broken ;ip by the time they passed 
 by. Great Jields of ice had come from the northward. Thoy 
 found the ico in a position in the Atlantic which upon rfo 
 previous occasion had they known the ice to occupy at that 
 period of the year. AVell, it is perfectly true what is stated in 
 the libel I have read to you that there was a heavy gale of 
 
 <^V*'-^^ 
 
22 
 
 wind, and tluit thnt galo of wind wuh fiiuli lliut the " City of 
 Boston" must liavo run boforo it. Under tho tircumstnncos, 
 every sliip caiitriin wlio will be tullod before you will Huy, " If 
 I lind been in that qiilo, I should huvo run before it." Now 
 put before you tho condition in which tho " City of London" 
 nnd other vessola lind tho ieo ii few days afterwards. Our 
 couclusion was, and is now, after all tho consideration that can 
 be given to tho matter, that tho ship took the northerly coureo ; 
 that sho was running before tho gale, as sho was bound to do, 
 and would do ; that sho Avent into tho ico and went to pieces in 
 a second, or practically so. Of course wo cannot tell. Nobody 
 can tell. There liavo been messages from tho sea by tho dozen. 
 There liave been messages from tho sea in all directions and 
 bits of wood coming home; and not only !Mes..rs. Inman, but 
 other persons concerned, liavo telegraphed all round the Atlantic 
 to trace all those matters, but in the result not a single one of 
 them was capable of bearing investigation. It is (piito clear 
 there is not a tittlo of truth in any one of them. Messrs. Inman, 
 when the vessel was found to bo missing, sent two vessels into 
 the Atlantic to search for any trace of her, and everything 
 was done that could bo done. But I will not detain j'ou longer 
 by detailing matters of that sort. When the vessel was clearly 
 lost, Messrs. Inman laid all tho infornuition in their possession 
 upon tho subject before the Board of Trade, to know if thoy 
 would investigate tho transaction ; but they were perfectly 
 satisfied that everything was duno that could bo done. I 
 dare say Mr. Jenkins will got into the witness-bo.v, and wo 
 shall hear if ho communicated with the Board of Trade. At 
 any rate, tho Board of Trade declined to interfere at all, and 
 Messrs. Inmau had to bring their action against Mr. Jenkins 
 for making this charge in tho newspapers ; and they did so in 
 order that it might bo investigated. Let mo ask you whether 
 the course that Mr. Jenkins took on that occasion is ono that 
 redounds to his credit. When charged with tho libel, he says by 
 his plea, " I never published tho libel at all." There is his 
 liandwriting. It astonished us. We applied to the Judge iu 
 
23 
 
 CMiambors for It^avo to inf(M'rop;iito TNfr. .Tonkins, and nsk him, 
 " Is nol tlint pit'co of [nqioryoiir Jmiidwriting ?" Mr. .Tonkins 
 oppoaod tho iipidicalion tooth imd nail; hut tho hiaiiiod .Tudgo 
 in Clmnihcrs thought itpropor to maku tho order that ho Hhould 
 toll whotliGr or not it wan his handwritin;^. ^fr. Ounkins then 
 appealed to tho full (,'oiir( to ho allowed lo escape sujiny 
 vholher that piece of paper was in his liaudwriting or not. Tlio 
 full Court supported tho .Tudgo in Chanihors, and required liini 
 to answer tho question, of course saying, ** There is one way in 
 which you can avoid answering it if you still remain of opinion 
 that you will not answer it — that is to say, if you choose to say, 
 your answer will criniinato yourself, and make you liahlo to 
 criminal proceedings in a criminal court. According to tho 
 law of l'!;i;!,land, you are not hound to give an answer wliich 
 shall criM.'inatoyou at tho crimin.al bar; and, if you choose to 
 tako^.hat course, you nmy still escape answering that question." 
 Mr. .Tonkins had tho ccnirago to take that course ; and ^Iv. 
 Jenkins has avoided tho ends of justice in that regard. Instead 
 of coming forward and admitting tho handwriting — although 
 he dares to take upon himself to say that every word of the 
 libel is true — ho has taken the other course of seeking to avoid 
 tho ends of justice, and tho purpose of Messrs. Inman, by 
 saying, " I will leave you to prove uiy handwriting in tho best 
 way you can." I don't believe I shall have any diificulty in 
 proving it is his handwriting. I believe you will have no 
 difficulty in saying that it is hi3 handwriting, and that the 
 document is as foiil a libel as over was issued ; and I believe 
 you will not have ono particle of difficulty in Baying that every 
 charge in the libel is untrue from beginning to end. 
 
 Mr. FEANCIS L. SOAMES, examined by Mr. Butt, Q.C. 
 
 I believe you are a solicitor ? — Yes. 
 You are solicitor for the Times newspaper ? — Yes. 
 Do you recollect a letter appearing in the Timen, signed Z ? 
 —Yes. 
 
24 
 
 Now, do you procluco from tlio Timos tliat letter? — I do. 
 
 Now, I beliovo since this letter appeared in the Times you 
 have communicated with Mr. .Tenkine ? — Yes. 
 
 Now, I think you wrote him a letter on the 18th April, 
 1870 ?— Yes. 
 
 Mr. Butt, Q.O. : Now, we call for that letter. 
 
 Mr. Pope, Q.O. : You must prove the posting first. 
 
 By Mr. Butt, Q.C. : Did you write a letter on the 18th 
 April, 1870 ?— Yes. 
 
 Did you get a reply to that V — Yes. 
 
 Now, produce mo the answer. To whom was the letter 
 addressed ? 
 
 Mr. Pope, Q„C. : That would appear from tlie letter itself. 
 
 His LoKDSiiiP : That letter you have now, how is that 
 signed ? — Witness : The letter is signed " B. G. Jenkins." 
 
 By Mr. Butt, Q.C. : AVas your letter addressed to Mr. 
 Jenkins at that address ? 
 
 His Lordship : It is assimied to bo bo, you know, from 
 the answer itself. Now, what is the name of the defendant ? 
 
 By Mr. Butt, Q.C. : What is the defendant's name ? — 
 Benjamin George. 
 
 His Lordship : I must take notice of that. 
 
 Mr. Pope, Q.O. : How is it evidence against the defendant ? 
 It is only evidence against a person signing himself B. G. 
 Jenkins. Whenever your Lordship says proof is sufficient, I 
 am content. All I say is tlioy must he put to the strict proof. 
 
 Uis Lordship : Identity of name has long ago been held to 
 hci prima facie evidence. 
 
 Mr. Pope, Q.C. : The moment your Lordship says it is 
 prima facie evidence it shall be held so. 
 
 Mr. Butt, Q.C. : I put in this letter. 
 
 [Letter from M'itness to B. G. Jenkins put in and read. J 
 
 Now, it was in answer to that, was it? — That I received 
 this letter. 
 
 [Letter from B. G. Jenkins to witness put iu and road.] 
 
 1\v. Butt, Q C. : I put in the Time^ of the 12th March. 
 
25 
 
 His Lordship : The alleged libel. 
 
 Mr. Pope, Q.O. : If j'ouv Lordshii) says it is primd facie 
 evidence of our responsibility for that letter I shall not con- 
 tradict it. 
 
 Mr. Butt, Q.C. : I put in the affidavit, 
 
 Mr, Pope, Q.C. : I object to it unless it is properly proved, 
 
 Mr. Mill-ward, Q.C. : It is the affidavit in which he says — 
 
 His Lordship : You must prove it. 
 
 Mr. MiLLWARD, Q.C. : It is an office copy of the affidavit. 
 
 Mr. Butt, Q.C, : The original, 
 
 Mr. Pope, Q,C, : You must prove it is made by tlie defend- 
 ant. Will your Lordship look at it? If your Lordship says it 
 is an original affidavit — 
 
 Mr. Butt, Q.C. : I tell you it is. You may take my word 
 for it. 
 
 Mr. Pope, Q. C. : Well, if you do say so, both of you — 
 
 His LouDSHiP : That is the original. 
 
 Mr. Pope, Q. C. : Very well, my Lord. 
 
 Mr. Butt, Q.C. : The libel has been read. 
 
 Mr. Pope, Q.C. : I have nothing to ask Mr. Soames, of 
 course. 
 
 Mr, WILLIAM INMAN, examined by Mr. Butt, Q.C. 
 
 Mr. William Inman, I believe you are the managing 
 director of the Liverpool, New York, and Philadelphia Steam- 
 ship Company ? — I am the managing owner. 
 
 I beg your pardon, you are the managing owner. It is a 
 line better known by your name, the Inman Line ? — Yes, 
 
 Well, now, I believe that Company hf>s".b.'oen' in exi'sterice 
 about twenty years ? — Yes. 
 
 And until this unfortunate loss of the ."City of Boston," I 
 believe none of your passengers have eJy.er been lost for a 
 period of fifteen years ? — For a period of ilftpen years we have, 
 not lo.st any passengers except by sickness' oi' suicide. ,;>•'. 
 
 None lost, I believe, by the perils of th6 sea ^T-^}^.^i iioi^o 
 whatever. 
 
'2fi 
 
 Now, I believe, during that poriofl of iiftoen years you liavo 
 carried over half a million of passengers between England and 
 America ?— Within 100 of 533,000. 
 
 In the course of last year how many passengers did you 
 carry backwards and forwards ? — Upwards of 65,000 last 
 year. 
 
 Now, the " City of Boston " was one of your fleet of stoumei'sy 
 — She was. 
 
 I believe you have a fleet of fourteen of the large steamers V 
 —Yes. 
 
 And she was one of them ? — She was. 
 
 And one of the finest of them ? — Yes. 
 
 Now, I believe you liave two distinct lines running : one is 
 from Liverpool to New York, that is weekly ; and the other 
 fortnightly, fi'om Liverpool to Halifax and liostou ? — Wo have 
 one accepted for the Eoyal mail line to New York, and 
 we have another line of steamers from Liverpool to Halifax. 
 
 By his LoiiDsniP : The latter fortnightly ? — The latter fort- 
 nightly, my Lord. 
 
 By Mr. Burr : And you carry passengers by both of these 
 lines ? — Yes. 
 
 Besides that, as we believe, you have extra steamers as 
 occasion requires ? — Yes. 
 
 Well, now, this vessel, the "City of Boston," was an iron ship, 
 I believe ? — Yes. 
 
 And she was built by Messrs. Tod and Macgregor, of 
 Glasgow ? — Yea, 
 
 In 1865 ?— Yes. 
 .•'/'Now, X bei^ieye, Messrs. Tod and Macgregor are very largo 
 snipbuilders, and have built for your line for some twenty 
 years ? — For twenty years, and wo have the greatest confidence 
 in their build. 
 
 ■' . She was bui,k, as iron steamers usually are now-a-days, in 
 /^y&;ter-tight compartments ? — Yes. 
 
 JJcwimany' water-tight compartments had she ? — Seven. 
 
 How many engines ? — Two engines. 
 
27 
 
 What was her nominal horso-powev ] — Nominally 3G0, 
 working up to 1,772 indicated. 
 
 Wliat was her length for register, and feet? — I think I 
 am called on to hand in tlie register ; I have the particulars 
 here. 
 
 If you will give me the particulars, Mr. Inman, we will put in 
 the register by-and-bye. Her length upon the register was 
 312 feet? — 312 feet. [The witness here read the figures of 
 length and tonnage from a document.] 39 feet beam, 
 2oi"u- inches depth of hold, 2,213 gross tonnage, 1,0-19 not 
 tonnage, after deducting engine space. 
 
 And have you got the builders' measureinent ? — The 
 builders' measurement was 2,278 tons. 
 
 I believe she was rigged a full ship? — Full ship-rigged. 
 
 Now, she had on her deck a house, had she ? — She was 
 exactly the same as that model. 
 
 I believe there is a slight difference in length ? — A slight 
 difference in length — about ten feet in measurement. 
 
 Apart from that, I believe that is an exact representation 
 of her?— Exactly. 
 
 Now, can you tell us what, when properly loaded, would be 
 her clear side ? — If she was loaded down to 23 feet, or 23 feet 
 6 inches, I think she would have 7 feet clear side. 
 
 Now, do you think 23 feet or 23 feet G inches would be 
 no deeper than she could be properly loaded ? — 23 feet 
 certainly. 
 
 She might be loaded dowu to that with perfect safety ? — 
 Certainly. She might go to 23 feet 6 inches, but it would have 
 been very difficult to load her to that. 
 
 I suppose, on account of the very great passenger accom- 
 modation she had ? — Yes. 
 
 That of course diminishes her capacity ?-T-Her capacity for 
 cargo. 
 
 Whilst we are on this subject, she had accommodation .for 
 102 cabin and 775 steerage passengers? — Yes. > . ' 
 
 What was her cost in building? — Between £83,000 and 
 
28 
 
 £84,000 ; perhaps raoro with tho additions made to her from 
 time to time. 
 
 I think we liave got from you tliat she was built in 1866 ? 
 —1865. 
 
 So that .she Mas not live years old? — She was not five 
 years' old. 
 
 Well, now, makinjj the usual deduction for age, what 
 would have been her value about the time of her loss. Have 
 you estimated ? — I believe her value was nearly £70,000 at 
 the time she was lost. 
 
 Mr. Pope, Q.(J. : There is not intended to be imputed in 
 the letter one single shred of suggestion or insinuation again wt 
 Mr. Inman personally. 
 
 13y Mr. Burr : Her insurance had run out whilst she was 
 in Halifix? She had been insured for £30,000. Her old 
 policy ran out the very hour she left Halifax, and wo 
 re-insured at tho same valuation for £10,000 less. 
 
 That would leave you uncovered totlio extent of £50,000 .■" 
 — Fully ; more than £50,000 with the other risks we had on 
 her. Wo had not insured either freight or passage money, or 
 stores, nor the cost of the new premium on the policies just 
 com' ionced. 
 
 X believe before this unfortunate occurrence she liad made 
 85 passages across the Atlantic? — She had. 
 
 Carrying passengers on every occcasiou ? — Yes, on overy 
 occasion ; passed by the Government Surveyors on overy occasion, 
 and surveyed by the Board of Trade regularly. 
 
 Now, so far as you know, liad she always boon a good 
 , porlormei* I'-i'sea? — Always, 
 
 I mean not only for speed ? — In every particular. 
 
 Now, she was fitted with a three-fan screw? — Ordinarily. 
 
 And origiuidly, I suppose ? — Originally. 
 
 AVell, nowj. a three-fan screw of a vessel of that size js, 
 •.'of course, a'Vfery large affair? — Yes; her three-fan screw 
 M*ie;vgiif)d about ten tons. 
 
 That, I presume, is a larger load than you would like to 
 put on a ship's deck in ono mass? — Yes, it is ; it is not safe. 
 
20 
 
 Will it g' down tho liaiclif!^? — A Ihveo-fun screw will 
 not go down Iho liatcliea, it is too large. Tho diameter of that 
 fun, I tliink, is 18 foot inf^lies, and it is not safe to have 
 hatches of that pizo. 
 
 Very well ; now f?uch being tlie case — three-fan screws 
 bein"* so largo that they will not go down tho hatchways — do 
 yon make any provision in New York, or the other side of tho 
 Atlantic, for shipping a two-fan pcrew, in case anything 
 sliould happen? — Yi,*; wo send out two-fan screws to bo 
 ready in case of need. 
 
 And aro those two-fan screws fitted to the shafts of your 
 vessels ? — Certainly. 
 
 Made for them ?— Certainly. Tlie screw in question v.'hich 
 the " City of Boston" had on was perfectly iitted. 
 
 I believe, before this voyage, something happened to her 
 three-fan screw — there liad been an accident ? — She came homo 
 with this two-fan screw. 
 
 Something had happened to her screw ? — Yes. 
 
 And had she shipped a two-fan screw ? — She had shipped 
 this identical two-fan screw in New York. 
 
 And had made a voyage over tho Atlantic with it ? — A very 
 good one ; a fe^v hours over eleven days. 
 
 By his Lo! DsHir : Not much beyond the ordinary passage. 
 — It was a fast passage, my Lord. 
 
 By Mr. Butt : I suppose, having done that, you gave her 
 a three-fan pcrow again, and she took out a two-fan screw to 
 New York to bo ready again ? — Yes. 
 
 So that on her arrival at New York on her last voyage 
 there v/as a two-fan screw Avaiting for her, in case of need ? — 
 There was ; and it was put on by my special orders, by cable. 
 
 She damaged her fan on her voyage out, and she then 
 had this 8?row, which had served her before, put on ? — Pre- 
 cisely so. 
 
 And with that screw she made the commencement of her 
 voyage from New York to Halifax ? 
 
 His Lordship : Of course Mr. Innian has no personal 
 
knowledge of these things. I mean, do not ask Mr. Inman 
 facts which cannot bo within his own knowledge, 
 
 Mr. Burr : All this appeal's in the evidence taken by com- 
 mission, which is put in. It is only taking Mr. Inmnn through 
 the histor}'. 
 
 Mr. I'oPE : Your Lordship sees, as far as the point in 
 dispute is concerned, it is at Halifax. 
 
 Mr. Butt : We may take this as proved — she made the 
 voyage to Halifax ? — Witness : That is so. 
 
 His Lordship : Now you come to the point — her condition 
 as to sailing. 
 
 By Mr Butt: Now, then, we got to Halifax. First of all, 
 before leaving the matter of the screw, let me ask you ono 
 general question : Is a two-bladed — a two-fan screw, a good 
 and efficient screw if it is well fitted ? — Certainly. 
 
 His LoRDSiiir : She came homo with that very screw on a 
 previous voyage, that is a fact. 
 
 Mr. Butt: AVe may tako these dato.'^, of course. She 
 sailed from Now York on the 25th of Januaiy. 
 Mr. PorK : If you like to take it, yes. 
 
 By ]\rr. Butt: Now as to what she had on board. Of 
 course you only know that from documents you got from your 
 agents in New York ? — That is so. 
 
 And you have those documents, I suppose V —Yes. 
 Those documents would show hoAv the cargo was disposed 
 in the vessel? — Yes; a record is kept of every vessel which 
 ever sailed — whore tho cargo is put, the weight of the cargo, 
 and the drauglit of water of the vessel. 
 
 Are those the documents in ciuestion? — [handing up docu- 
 ments to the witness.] — Those are tho documents ; thoso are 
 in the writing of our New York office. 
 
 Do you think — I will put a figiu'o to you — do you think 
 2,000 tons weight in her, including cargo, machinery, and 
 coals, would be as much as that ship could well carry ? — No, 
 not by any means. 
 
 How much would you say she could carry with perfect 
 safety ? — About 700 or 800 tons more— that is, with comfort. 
 
31 
 
 And with e^afoty, of course ? — Witli safety, I should thiuk, 
 (ibout 1,800 tons more. Slio would not sink with 1,800 tons 
 more. 
 
 Now, you have given us, Mr. Inman, the builders' moasure- 
 niont of this vessel, which I think you said was two thousand 
 two hundred aiul odd tons? — Two thcusand two hundred and 
 seventy-eight. 
 
 Now you knoAv, I dare say, as an experienced shipowner, 
 whether, generally speaking — I am not speaking of this vessel 
 now — you may load vessels far beyond the builders' measure- 
 ment tonnage ? — Yes. 
 
 And it is usual to do so where passengers are not carried, 
 1 boliovo ? — That is so, I believe. 
 
 Do you know what proportion at all they go to beyond the 
 builders' measurement ? — I have heard of half as much again. 
 Sieauiors are generally supposed to load deep on account of 
 tiio consumption of their coals. I think the *' City of Boston" 
 b'ghtened Ijetweon three and four feet between New York and 
 Liverpool. 
 
 That is, of course, with the consumplicm of coals ? — Yes. 
 
 That being so, I suppose it is wifli your steamers, as well 
 as with others, an object to havo them sunk to a certain deptli 
 in the water, or they will bo too liylit? — Yes; they will tumble 
 over if they art; too liglit. 
 
 I believe on your line the screws are always going ? — 
 Always. 
 
 I do not know whether you can tell me of your own 
 knowledufo what number of feet and inches the vessel drew 
 on her outward voyage? — She drew 21 feet 4;^ inches on her 
 lirst January sailing, at which sho was passed by tlu) 
 Emigration Surveyors. I did not sec it. 
 
 Now, with your steamers, as with most others, are figures 
 marked on tho stern and sleni, showing tlie number of feet 
 draft? -That is so. 
 
 Now I believe those iigures do not represent by au inch or 
 two tho real depth ? — They do not. 
 
 Have you a system of marking them rather over the real 
 
32 
 
 depth of draft ? — We have. Tlie vessel is three inches lig^hter 
 than the figures indicate. 
 
 Is that 80 witJi nil 3'oiir vessels ? — With nil our vessels. 
 
 What is the object of that? — I think it arose from the 
 accident to tlie " Sierra Nevada" in going over the dock sill. 
 
 Just so. She appears to draw a little more water than she 
 does draw so as to avoid touching on the dock eill?— Yes. 
 
 So that, if the '* City of Boston " appeared by the figures to 
 be sunk 21 feet 7 A- inches, she would draw only 21 feet 4 i^ 
 inches ? — Yes. 
 
 This steamer was commanded by a gentleman of the name 
 of Halcrow r* — Yes. 
 
 And lie was a man of experience, and had boon in your 
 employ for jiow long? — Fourteen years in our sei'vico. lie 
 gradually rose. Ho had been nine years a master. 
 
 And was he, as far as you could judge, in every respect a 
 good seaman and a careful man ? — Y'es. 
 
 He sailed in her on the voyage out, and started in her on 
 the voyage home 'i — Yes. 
 
 No master would e-ail in your vessel had he not a certi- 
 ficate ? — He had a certificate of competency. 
 
 You had, I believe, a first, second, third, and fourth ofiicers, 
 all cortifioated in the same way? — All certificates of compe- 
 tency upon oxaminnlion. 
 
 And what was the crev;, all told ? — Eighty-six. 
 
 Y^'ou have told us how your vessels are marked to show 
 three inches more draft than they really have. Your captains, 
 of course, make reports of their drafts ? — Yes. 
 
 And your captain's report would show 3 inches more than 
 she drew ? — Three inches. They report what draft is marked 
 by the figures on the stem and stern. 
 
 Well, now we have the date onwliich she left Halifax ; and 
 from that day to this you liavo never heard of her ? — Never 
 heard of her. 
 
 I believe you have had a number of bottles which turned 
 up : — "messages from the sea ?" — Hoaxes. 
 
33 
 
 They all proved, ao far as you could test them, to be 
 hoaxes ? — All hoaxes. 
 
 After she had been out some time, I believe you sent one 
 of your own vessels to cruise for her in the Atlantic ? — Yes. 
 
 What was the name of that vessel ? — The •' City of 
 Durham." 
 
 And you employed a powerful Liverpool tug, the 
 'Cruiser," also? — Yes. 
 
 To cruise lor her ofl' the coast of Ireland ? — Yes ; we had 
 two there. 
 
 It is asking you to form an opinion, of course, to a certain 
 
 extent, in the dark ; but you have arrived at a conclusion 
 
 Mr. Pope : It is natural to suppose that Mr. Inman should 
 say she was well found in everything ; but there is not a word 
 said here about her being under manned, or any suggestion of 
 the kind. 
 
 His Lordship: You only say, " deeply laden ;" and what- 
 ever is meant to be conveyed by saying, ** if she was not in the 
 storm, and lost her loose screw, she has been driven south." 
 
 Mr. Butt : I ask him if he had formed an opinion as to the 
 cause of her loss. 
 
 Mr. Pope : Just so ; and all I say is that, whatever opinion 
 he has may be just as likely to be correct as any opinion which 
 anyone else may bona fide have. 
 
 By Mr. Butt : You recollect the libel complained of 
 appeared in the Times ?" — I do. 
 
 And you at once, I believe, instructed your solicitors to 
 write to the Timet ? — I did. 
 
 Amongst other passengers that you carry, do you take a 
 great many foreigners from Liverpool in these vessels to the 
 United States ? — Sometimes we do. 
 
 I mean, throughout the year ? — 0, yes. 
 Well, I believe after this letter appeared in the Times it was 
 copied into other papers ? — Yes ; I saw it in other papers. 
 
 And questions were asked about it in the House of Com- 
 mons ; 80 that, altogether, it got a very wide publication ? — 
 C 
 
34 
 
 Und ■ubteilly ; uftor Sir J"Iiii rukint'ton took it up in tliu 
 Honso it could not lioli) l»ut do ho. 
 
 I ncMMl not nsk yon is t'no cliuvge of ovorloiidin^, wlion 
 Bpioad in that way, likely to ufToct the roturns of the Company 
 in puasongor tviitlic ? — Und()ul)todly. 
 
 And of course *ho ohnrnctor (f tlio line penorally? — No 
 doubt ; I think so. 
 
 I bolievo that on the sides of your vessels there are bands 
 painted ? — Thero Imvo been. 
 
 But wore tliore on the " City of Boston J"— Yes, there were. 
 
 PorhapH ytni will toll us in what way she was painted ? 
 [Puintinfi^ to model.] — Down from the top part to the gilt line 
 she was painted black, but below tliat she had boot tops of 
 rod, and composition beneath that. 
 
 Had thoRo black find rod linos anything to do with the 
 load line, or loading of the ship? — Nothing at all; neither 
 black nor red had anything to do with the load of the ship. 
 If the reason is really wanted, why wo painted them so, it is 
 that the composition below the water is injuriously affected 
 if touched by the air. 
 
 There is onl}' one other mat'er, a matter of general obser- 
 vation. We shall hear something ol a list. You have the 
 coal bunkers on both sides of the steamer for the use of the 
 engines ? — Yes. 
 
 Is it a common thing so to use the coal that you get a little 
 list one way or another ? — It is a customary thing to trim a 
 vessel against the wind. 
 
 That is by taking the coal from the leeward side in 
 preference to the coal from tho bunkers on the windward side ? 
 — Exactly. 
 
 I believe as time went on, and it became more and more 
 painfully probable that the vessel was lost, you communicated 
 with tho Board of Trade on the subject? — I did. 
 
 I think on the 1 7th of May you wrote to them ? 
 
 Mr. Pope : I think this is no evidence against us. Take 
 the fact that he wrote, certainly. 
 
36 
 
 Bv Mr Butt : T think you saw Mv. Lofevre, who was tho 
 Virc-Prosidont of tho Board ofTrude? — I was introduood to hira. 
 
 I cannot iisk you your convornation with him ; but T think 
 tlio result wus that thuy did not ia.stiLute any inquiry into the 
 loss of tho voHsel ? — They did not. 
 
 [^Cross-examined by Mr. Poi'K, Q.C] 
 
 I think as soon as ymi saw tho lott(»r signeil Z in the Times, 
 you wrote to tho I'imet ? — I think so. Yea. 
 
 Di 1 not the Time^ at unco insert u iiroper contradiction ? — 
 I don't think tlioy did, because thoy simply iuserlod my state- 
 ment as against an anonymous statement. 
 
 I understand you to mean you don't think the contradiction 
 was sufficient V — Tho Timos simply intn^duced in their large 
 type, "Mr. Inman's statement." 
 
 For your own satisfaction it was not sufficient ? It was your 
 own denial ? — The Times put it forward that Mr. Inman said 
 something contrary to Z, That was not satisfactory to me. 
 
 Now you also, did you nut, Ibrward t<t Ualilax and New 
 York the same letter, which my friend h )s referred to, of the I7th 
 May, and had it printed, and largely circulated? — I did not. 
 
 Your people abroad did ? — They may have done, but not by 
 my orders. It was sent as a conlidential communication. I 
 believe it was circulated in Now York without my knowledge 
 or consent. You asked mo if I circulated it. I did not. 
 
 Was it circulatoil to your knowledge in Halifax and New 
 York y — I know nothing further than by report. T believe it was. 
 
 Soon after tho 7tli !May, did you, through ir solicitors, 
 receive a note from Mr. Wilkinson, acting as the defendant's 
 attorney ? — Yes. 
 
 Mr. Pope, Q.C. : The letter is tliis, my Lord : — 
 
 44, l.incoln's-Inn Field.s 
 
 7th May, 1870. 
 Dear Sirs, 
 
 Inman v. Jenki.n's. 
 
 As you are proceeding with this action against Mr. Jenkins, who in 
 Uood faith, and relying ui^on the truth of a letter he received from Halifax, 
 
«6 
 
 which repicsfiilal u very jjcnetnl opinion there that the " City of Boston," 
 when she left thnt iiarlwur, was ovcrUiaclcil, sent an extract from that 
 letter to the Times, witlunit any couinient of his own, I wish to say, that 
 ill doiii},' this Mr. Jenkins liad no ohjcit lioyond lliat of not conccalinR a 
 itiiteineiit, on whicli he ihou^^ht lie could rely, on a very sad matter, which 
 had involved the loss of many lives. 
 
 Vour oljject, I prcsuine, is only that of liaviii},' a jnihlic inrpiiry to 
 ascertain whether or not tju- "City of Hoston" was overloaded, and as 
 Mr. Jenkins has no interest personally in the (|iu'slion, and may from 
 want of means not he able satisfactorily to raise the question in such a 
 form and to such an extent as the owners of the shi|>, and the public, may 
 consider desirable, I have to sugfjest thai it would better answer their 
 purpose to apply for an inquiry by the Hoard of Trade into this most 
 important question. Such an inquiry, conducted by the official means in 
 the |)ower of the |{oard of Trade, must not only be more searchiiifj and 
 exhaustive, but will be much more satisfactory to the public and the rela- 
 tives of those wlio have perished in the ship than the ])rosccutinj,' of this 
 action against a person in the position of my client, who has no interest 
 in the matter. 
 
 I shall therefore be glad if you will consider this proposal, and on my 
 part I shall lie happy to concur in any application to the Hoard of Trade, 
 and to be bound by any decision that may be come to after a proper 
 
 inquiry. 
 
 Yours faithfully, 
 
 \V. JOHN WILKIN.SON. 
 Messrs. Gregory and Co. 
 
 Mr. Pope, Q.O. : Well, to that we received, no doubt by your 
 instructions to your attorney, a reply dated the lOth May. I 
 will put in the answer, my Lord : — 
 
 Liverpool, loth May, 1870. 
 Dear .Sir, 
 
 Inman v. Jknkin's. 
 
 Messrs. Gregory and Co. have sent u' x copy of your letter of the 
 
 7th instant. In reply thereto we beg to say, that the object of our clients 
 
 is to compel Mr. Jenkins to pay a proper compensation for the gross and 
 
 most injurious libel which he had published to the world concerning them, 
 
 and that object will be steadily carried out. 
 
 If anything could be calculated to show how r^jreat is the damage 
 
 resulting to our clients from this libel, and how necessary it is for them to 
 
 persevere in this action, it would be the expressions in your letter which 
 
 show that the public still require to be satisfied of the falseness of the libel. 
 
The dffeiulaiU liiis piiMislitil a statement cliar^jin^ our clients of 
 having sent a passenger and nuiii steamer to sea in an overladen and 
 vuiseaworthy rfinditiim, thii> ;uc:iisiiig them of having caused the loss of 
 many lives, altliougii ihedefcndaiil ;i('ler doing this and hmling himself siieil, 
 may now say thai lie has no interest in tlic matter, he must rememlier that 
 he lias talten a very serious step, antl he cannot shift the responsijjility off 
 himself, by suggesting tliat our clients shoulil take steps to defend them- 
 selves before the public, instead of re(|uiring him to do so. He is now 
 required either to justify his statement or to bear the consequence. 
 
 If the Board of Trade thought an inquiry desiral)le they would no 
 doubt have directed one to be held. lUit whether an inquiry is huld oi 
 not this action will be persevered in ; our clients have no Intention of 
 suffering such monstrously libellous and injurious statements to be made 
 about them without seeking redress. 
 Vours truly, 
 
 DUNCAN, IIILI- A.Nij I'AKKINSON, 
 W. John Wilkinson, I'.s(|., 
 
 44, Lincoln's- Inn l''ielils, 
 
 London, W. C. 
 
 Mr. PoPK, Q.C : Then, ou tho llih of Muy, in roply to 
 that, defendant's attorney wrote : — 
 
 44, I.incoln's-Inn Fields, 
 
 London, W. C. 
 
 nth May, 1870. 
 Dear Sirs, 
 
 Vou rather put a forced construction on my letter as to a public 
 
 investigation. I presumed that your object was only to satisfy the public, 
 
 and that, if so, that object would l)c best attained through an investigation 
 
 by the Hoard of Trade than by bringing an action for libel against a private 
 
 individual, who might or might not have the means at his disposal for 
 
 adequately bringing out the facts. 
 
 I again write you to join in soliciting an inquiry by the Board of 
 
 Trade. 
 
 \'ours faithfully, 
 
 W. JOHN WILKINSON. 
 
 Messrs. Duncan, Hm.l and Parkinson, 
 10, Water-street, Liverpool, 
 
 By Mr. Pope, Q.C. : "Well, now then, on the 2nd June did 
 you receive a further communication from the defendant's 
 attorney ? — Yes. 
 
38 
 
 44> I-incoln's-Iun I'"iel(ls, 
 
 211(1 June, 1870. 
 Dear Sirs, 
 
 Jenkins ats. In man nml nritEKs. 
 
 My client did not wish to jiluad n justification of the alleged libel 
 
 until he had received a furtlier communication from Halifax. 
 
 This morning he has received a letter anil the necessary authority to 
 
 furnish you with the name and address of the writer of the letter in question, 
 
 who lives in Halifax, and \v!io will admit the publication and all necessary 
 
 technicalities to enable you to maintain an action against him there. I am 
 
 therefore prepared to carry out my client's instructions on your agreeing to 
 
 withdraw the present action. If you, however, after this letter, tletermine 
 
 to proceed against my client here, the evidence on his behalf will have to 
 
 be taken under a commission to Halifax, and as my client's friends have 
 
 already consulted Mr. \V. Gaivie, of Halifax, on the matter, there will be 
 
 no unnecessary delay in executing the commission and having it returned as 
 
 early as possible. I would, in that case, suggest that the case should be 
 
 tried in London, to avoid delay. 
 
 Yours faithfully, 
 
 Messrs. Gregory and Co. W. J, WILKINSON. 
 
 And the reply to that- was this '? — Yes. 
 
 I, Bedford Row, \V. C. 
 
 2nd June, 1870. 
 Dear Sir, 
 
 Lnman and others v. Jknkins, 
 We have received your letter of the 2n(l instant, which we have, of 
 course, forwarded to our clients. We cannot suppose for a moment, 
 however, that they will lis' en to either of the projiovils you make, and 
 indeed we are somewhat at a loss to understand \\u\\ you could make them, 
 and we have no doubt that our clients will proceed with the action with 
 all despatch. When you suggest that the venue should be changed to 
 London, you can scarcely be ignorant of the fact that the number of 
 rcmanets is so great that the case would in all probability not be tried until 
 July in next year. 
 
 The action was commenced as long ago as the 23rd April, the declara- 
 tion was delivered on the 3rd .May. \'ou have therefore had a month's 
 time to plead, your last two orders being peremptory. We must therefore 
 insist upon your summons to plead, several matters being disposed of 
 to-morrow morning, and on your pleading before twelve o'chjck. Our 
 instnictions are very peremptory, and if there is any default on your part 
 we shall have no alternative but to sign judgment. 
 
 We are, >S;c., 
 W. J. Wilkinson, Es-i. GRK(;ORY, ROWCLIFFE and CO. 
 
39 
 
 Mr. PorE, Q C. : Well, now, theio is one other letter I 
 want — a letter froui tho pLiintilf's attorneys to us, of the IGtli 
 
 Juno. 
 
 Mr. MiLLWARD, Q.C : There ia anotlier letter oi' the 4th 
 
 June. 
 
 Mr. Pope, Q.C. : It does not curry it any further. 
 
 Mr. MiLLWAKi), Ci.C. : It does not carry it any further : you 
 
 can put it in if you like. 
 
 I, Bedfoid Ruw, W. C. 
 
 4lh June, 1870. 
 
 Dear .Sir, 
 
 INMAN v. JliNKI.NS. 
 
 \Vc have nuw received our clients' instructions upon your letter ot 
 the 2nd instant, and have to inform you that this action will l)e actively 
 IMOsecuted. 
 
 If the defendant chooses to give us the name of his correspondent at 
 Halifax we shall be glad to receive the information, Init the giving infor- 
 mation will in no way stay the proceedings in this action. 
 
 If you intend to send out anv connnission to Halifax you must be so 
 good as to do so at once, and if there is any delay in doing so we >ha\\ use 
 this letter in answer to any application which may hereafter be made to 
 postpone the trial upon that or any other ground whatsoever. 
 
 We are, &c., 
 GREGORY, ROWCLIFFE and Co. 
 W. J. Wilkinson, Esq. 
 
 Mr. Pope : Your Lordship will observe that the pleas wore 
 
 delivered on the 3rd June, after the correspondence in question 
 
 about pleas and everything elae. On the 16th June comes 
 
 this letter : — 
 
 10, Water-street, 
 
 Liverpool, i6th June, 1870. 
 Dear Sir, 
 
 iNMA.N T'. JkNKLNS. 
 
 The defendant's third plea alleges that the " City of Boston" liad 
 when she sailed from IIalifi\x only a two-fim screw, and that she had 
 broken her own screw on her outward trip. Issue has been joined on the 
 third as well as the other pleas. 
 
 With a view of saving trouble and the calling of unnecessary witnesses 
 under the commissions, or at the trial, we had better explain that the 
 plaintiffs do not dispute the literal truth of the allegation referred to. 
 
40 
 
 But it must be clearly understood that they do not waive ui any manner the 
 Statement contained in the declaration of the inuendo which is made by 
 the allegation in question. 
 
 Yours truly, 
 
 DUNCAN, HILL and PARKINSON. 
 W. J. Wilkinson, Esq. 
 
 By Mr. Pope : Now, Mr. Inman, 1 don't know whether in 
 any way before that date there had been any public statement 
 that you admitted the fact which was stated with reference to 
 the two-fan screw. Had there been anything to which the 
 public had access before your letter of the 16th June which 
 intimated that you admitted the literal accuracy, although not 
 the deduction drawn from it, of that statement in the letter to 
 the Tkies, with regard to the two-fan screw ? — I don't know that 
 I have spoken myself up to the present moment about it. That 
 is my solicitors' letter : it is not mine. I don't know that I 
 have said a word about the two-fun screw from that moment 
 until to-day. 
 
 Mr. Pope : Now, our letter of the 17tli June : — 
 
 44, Lincoln's-Inn Fields, 
 
 London, W. C, 
 
 17th June, 1870. 
 Dear Sirs, 
 
 Jenkins a/s. Inman. 
 
 I beg to acknowledge the receipt of you letter, acknowledging that 
 
 you have now ascertained the literal truth of one part of wliat you alleged 
 
 was a libel, namely, that the ship had only a two-fan screw, and that she 
 
 had broken her own screw on her outward trip. 1 shall, of course, after 
 
 your admission, not go to further expense in proving that part of the 
 
 justification. 
 
 I am sorry that the very stringent manner in which your clients have 
 forced this action upon Mr. Jenkins has compelled him, in what he con- 
 ceives to be the interests of truth and public justice, to jnit himself 
 forward, at great inconvenience, to have the facts ascertained by a public 
 investigation. 
 
 I still think that your clients would have best shown their wish to set 
 themselves right with the public by requesting a Board of Trade inquiry, 
 or by transferring the case to the writer, with whose name, in that event, I 
 offered you with hie assent to furnish you. It is not too late for you to 
 
41 
 
 adopt one of those courses before the evidence is taken on the only point 
 now remaining — namely, the overloading — -which, I am informed, will also 
 be proved as fully as you admit the other point to be. If, however, the 
 proof cannot be made, my client will be ready to admit its failure. 
 
 Yours faithfully, 
 
 W. JOHN WILKINSON. 
 Messrs. Duncan, Hill and Parkinson, 
 lo. Water-street, Liverpool. 
 
 His LoBDsniP : Then the commission went out ? 
 
 Mr. Pope : Then the commission went out. 
 
 Mr. Mill WARD : Then our reply of the 18th June : — 
 
 ID, Water-Street, 
 
 Liverpool, 1 8th June, 1870. 
 Dear Sir, 
 
 Inman v. Jenkins. 
 
 We beg to acknowledge the receipt of your letter of yesterday's 
 
 date. We think you must be well aware that neither our clients nor we 
 
 have ever at any time alleged that it was not literally true that the "City 
 
 of Boston" had only a two-fan screw, and that she had broken her previous 
 
 screw on her outward trip, and that you must also have been well aware 
 
 that what they sue your client for (with regard to this part of the libel) is 
 
 the inuendo, or suggestion, contained in the letter published, that the fact 
 
 of her having a two -fan screw made her unseaworthy. 
 
 We wrote our letter of the 1 6th in consequence of our observing that 
 it did not very, clearly appear from the pleadings how this was, and to 
 prevent any possibility of a misunderstanding upon the point. 
 
 With reference to the rest of your letter we can only refer you to what 
 
 we said on the loth ultimo, and we beg to say that in our opinion the tone 
 
 still adopted by Mr. Jenkins, through you, adds much aggravation to 
 
 the original libel. 
 
 Yours truly, 
 
 DUNCAN, HILL and PARKINSON, 
 W. JouN Wilkinson, Esq. 
 
 Mr. MiLLWAUD : Then, on the 1 8th June, Mr. Wilkinson, 
 
 your solicitor, writes : — 
 
 44, Lincoln's-Inn Fields, 
 
 London, W. C. 
 
 18th June, 1870. 
 Dear Sirs, 
 
 Jenkins ats. Inman. 
 
 Since 1 wrote I am informed that there may be evidence that even 
 
12 
 
 the rapidly substituted two-fan screw was imperfect, and perhaps injured 
 between New York and Halifax. Sliould there be such evidence, either at 
 New York or Halifax, it will be brought forward, aiul I write this that you 
 may not be taken by surprise. This is another instance of the great incon- 
 venience of trying a case in iMiglanil upon facts which occurred 3,ocx) 
 
 miles off. 
 
 Yours faithfully, 
 
 \V. JOHN WILKINSON. 
 Messrs. Duncan, Hii.i, and 1'aukinson, 
 
 The conimission to Halifax was sent in a registered letter to-day. 
 
 And we write to say we acknowledge receipt of your letter 
 of the 18th instant. 
 
 Mr. Pope : Tliere is no inuendo with rogurd to the words 
 '' loose screw ?" 
 
 His LoKDSHiP : I don't find the words "loose screw" in the 
 libel. 
 
 Mr. Pope: The words <ire, "If she was not in the storm 
 and has lost her loo.se screw." That is the whole of the 
 correspondence. 
 
 His LoKDSHip : It is as far as we can go to-night. 
 
 The further hearing of the case was then adjourned until 
 the following day. 
 
 SECOND DAY, Wednesday, August 31. 
 
 Mr. Charles Russell : My Lord, I put in the evidence, 
 taken by Commission, at New York. I don't propose to road 
 it in detail, but if my friend will tell mo any part of it which 
 he wishes to be road, it shall bo road in extenso. 
 
 Mr. Pope, Q.C. : Porhajjs, before my friend goes on, I 
 ought to tell your Lordship exactly thu position in which tho 
 defendant stands iii this matter. Your Lord.ship knows that 
 the letter complained of, or rather the extract which was seat 
 to the newspapers, deals with two distinct matters. One the 
 question of loading, and the other the Liiiustiou of the screw. 
 
Upon the latter question, if it should bo nccessar}', I hIiouIcI 
 certainly contend that there is iiorhiug- more tiian justifiubie 
 commont, which Jinybody hod a rif^ht to make. The deduction 
 might be wrong ; that mij^lit bf n question in the matier. But 
 about the more substantial matier, the woi-ds used in the letter 
 are that tlio ship was, I V)olievc, '' <loeply laden with wheat, in 
 bags." Tlie word-- I de-sirL; lu call your Lordship's attention 
 to are these : — "Being 18 or 20 inclies deeper than the insurance 
 allows." Well now, my Lord, in one of the letters which were 
 read last night, your Lordship will remember that the 
 defendant expressly stated that, of course he had not any 
 personal knowledge on the matter, and that the result must 
 depend upon the eviilenco to be taken at Halifax. Well, a 
 Commission ha 3 taken evidence at Halifax, and a gi'eat number 
 of witnesses have been examined, and their evidence has been 
 returned. I find from the copy which is before me, that this 
 copy, at all events, was received on Sunday last. 
 
 Mr. MiLLWAKi), Q.C : You had a copy ten days before. 
 
 Mr. PoPK, Q.C. : If my friend is going to interrupt me I 
 had better not say what I was going to say. At all events, it 
 was not in a position to be laid before myself or my friend 
 until after that date. It is extremely voluminous, and the 
 evidence on one side and the other is entirel}' mixed up. Since 
 then, both my friend and myself, the defendant, and his 
 attorney, have been anxiously engaged considering what the 
 effect of the evidence was. Your Lordship will remember that 
 at the close of one of his letters the defendant said, that if in 
 any particular, when tho Halifax evidence was received, he 
 found that it did not support what he had said he would at 
 once admit it. I am bound to ^iiy, that having considered the 
 evidence taken by the Halifax Commission, I do nob think, nor 
 does the defendant ttiink, th,il !ho evidence does support the 
 expresaion " being 18 or '20 inclics deeper lliau the insurance 
 allows." Therefore he says he wishes they had not been there, 
 and any deduction to be drasvn from the words he will not 
 seek to enforce. Therefore I say, thai us far us regards that I 
 
44 
 
 shall not bo able to substantiate those Nvords, and I at once 
 admit that the uvideiice taken by the Commission does not 
 prove that she loll HuUl'ax ladtn 18 or 20 inches deeper than 
 the insurance allowance, nor have I any distinct evidence as to 
 the draft of water with which she did leave Halifax. 
 
 His LoKDsiiip : Do I understand you to say that you have 
 no evidence that she was overladen V 
 
 Mr. Pope : I have a large body of evidence that she was 
 deeply laden. 
 
 His LoKDSHip : Your allegation, taking the entii'e case, ia 
 that she was considerably overladen. Not citing individual 
 words, do you admit that is disproven ? 
 
 Mr. Pope : There is a large body of evidence that she was 
 overladen in the judgment of a large number of people who 
 saw her go. The value and \»'eight of that evidence must, of 
 course, be estimated ; but 1 have carefully considered it, and I 
 think I ought at once to say, because the defendant wishes 
 that I should, that the evidence certainly does not go to the 
 extent, and I should not be justilied in endeavouring to press 
 it to the extent of showing that she was 18 or 20 inches deeper 
 than the insurance allowance, whatever that may be. It is 
 simply general evidence, and. that is the whole matter I can bring 
 before your Lordship. The defendant desires that I should 
 at once state to your Lordship exactly how the matter stands. 
 
 His LoRDsniP : What do you say to that, Mr. Millward ? 
 
 Mr. MiLLWAUD : Your Lordship sees that I cannot assent 
 to the position in which the defendant has placed the plaintiffs, 
 and to what Mr. Pope suggests. No doubt Mr. Pope's state- 
 ment comes from him with perfect accuracy, and so far as that 
 is concerned I cannot find fault in any way ; but I must be 
 allowed to add that we, by arrangement with the defendant's 
 attorney, sent specially a steamer to Halifax, and got from 
 Halifax a copy of those depositions. 
 
 His Lordship: Are you content with Mr. Pope's disclaimer, 
 Mr. Millward ? 
 
 Mr. Millward : We cannot be, my Lord ; the whole matter 
 
45 
 
 has been, up to the present moment, justified again and aj^ain 
 by the defendant, and now, oven at the last moment — even up 
 to to-day. These depositions were in the hands of the defen- 
 dant's attorney so far buck as lust Saturday week. 
 
 His LoKDSHip : I do not see what that has to do with it. 
 Mr. Pope says he admits that the evidence does not prove the 
 statement. 
 
 Mr, MiLLWAUD : Though having these documents in their 
 hands so far back as that, they do not even now make the 
 smallest effort at apology. 
 
 His LouDsnip : Then you are not content ? 
 
 Mr. MiLLWATii) : No. 
 
 Mr. Pope : Then we must go on. 
 
 His LouDsnip : Then we shall consume the whole day. 
 
 Mr. MiLLWAUD : There is not a word of apology or retracta- 
 tion. 
 
 His Lordship : I am not blaming you at all. I understand 
 Mr. Pope does not retract the whole of this charge. The sting 
 of it lies in this — that tlie vessel was overladen. If you retract 
 the whole of it, well and good ; if you do not 
 
 Mr. Pope : I cannot retract the words "deeply laden." 
 
 His Lordship : There lies the ating. 
 
 Mr. Pope : I do desire explicitly to withdraw the words 
 "being 18 or 20 inches deeper than the insurance allows," and 
 any deduction fairly to be drawn from those words, and to 
 express regret that they were ever published. 
 
 His Lordship : Mr. Millward says — and I cannot say, 
 improperly — that is not enough ; that is not withdrawing the 
 whole charge. Then I do not know what is meant by the 
 expression here about her loose screw. 
 
 Mr. Pope : It has been puzzling me a good deal. I suppose 
 it means this — the screw which she took with her to the other 
 side of the Atlantic in her hold. 
 
 His Lordship : If it is merely an inversion of the slang 
 metaphor " a screw loose," and if it means that, it is very bad, 
 I do not know what "a loose screw" means. 
 
46 
 
 Mr. Pope : But it does not mean that. 
 
 Mr. ISriiLWAUi) : I urn not so sure it does not, because we 
 have evidence in the Commission at Halifax pointiujj^ to that. 
 
 Mr. Pope, Q.C. : What I suppose it means is this — I 
 believe there was evidence, yesterday, from Mr. Inman, that 
 the practice of these vessels was to take over a two-fan screw 
 with them. 
 
 His Lordship : No ; not to take a screw over, but that they 
 have some in store at New York. 
 
 Mr Pope, Q.C. : It may be so ; but I understood they 
 were taken over from this country ; and something was 
 stated about taking a two-fan screw, because they were more 
 easily stowed away. 
 
 HiiJ LouDsniP : No, thoy do not take them on board ; they 
 send them over. 
 
 Mr. MiLiiWAKU, Q.C. : Just so. 
 
 His LoRDSHLP : 1 was going to ask whether there can be 
 such a thing as a screw being loose in a vessel ? 
 
 Mr. MiLLWARD, Q.C. : Yes ; I shall prove that it was 
 alleged that the bearings of the shaft were all wrong in conse- 
 quence of this screw being loose. 
 
 Mr. Pope : It does not seem that my friend is disposed in 
 the least 
 
 Mr. MiLLWARD : I am disposed every way. 
 
 His LoKDSHii- : Yours is not an entire retractation. 
 
 Mr. Pope : No, my Lord, it is not ; but, as your Lordship 
 knows, I am not making any accusation. My argument will 
 be (of course I shall submit that to your Lordship, indepen- 
 dently of other pointn which my friend thinks should be 
 brought before your Lordship at the proper time) that if the 
 facts are substantially true, there is nothing in the letter which 
 is not justifiable comment by any one having a common interest 
 in such facts, although of course the deduction may be a 
 mistaken one. 
 
 His Lordship : Then I suppose there is no alternative but 
 to go through this matter. 
 
47 
 
 Mr. PoPR : TliPii, with vefornnco to the Now York OonmiiB,- 
 sion, T nm told that this ovidonce was taken wifliout the rlofon- 
 dants or thoir represontntivcs b(>ing present — in fact, it is 
 merely ex fartc evidence. 
 
 His LoHDSiiir : I cannot notice that now. It should be the 
 subject of a motion to suppress it. 
 
 Mr. Russell : You will fmd the defendant's commiBsioner 
 cross-examined the very fh'.st witness, wliose evidence I am 
 going to read. [Mr. RussoU then read a portion of the 
 evidence taken by the Comuiissionors.] 
 
 ELIJAH WOOD, examined by Mr. Millwakd, Q.O. " 
 
 Do you live at Halifax ? — Yes, sir. 
 
 I believe you are a coast pilot ? — Yes, sir. 
 
 Were you for many years at sea as a sailor ? — Yes, since I 
 * was fifteen years of ago. 
 
 Did you for many years command a ship at sea? — Yes, sir. 
 
 I believe you have been for some time coast pilot in the 
 employ of the Innmn Company ? — Yes, sir. 
 
 And is it your pi', vince, as coast pilot of thoir ships, to get 
 on board the steamer when she arrives at Halifax from 
 Europe ? — Yes, every alternate (me. 
 
 Do you go in the Inman steamer from Halifax to Boston ? 
 — Yes, sir. 
 
 Do you accompany the steamer from Boston to New York 'i 
 —Yes, sir. 
 
 And do you come back in the steamer again as coast pilot 
 as far as Halifax ? — Yes, sir. 
 
 I believe you have been brought over from Halifax specially 
 to give evidence on this trial ? — I have, sir. 
 
 Now, upon the occasion of the *' City of Boston" arriving 
 from Europe in January, this year, did you go on board as 
 coast pilot ? — Yes, sir. 
 
 I believe there was some question about examining you 
 under Commission at Halifax, but they brought you home 
 
48 
 
 instead, to i^ivu your evidence before the jury by word of mouth ? 
 — Yos, sir. 
 
 Do you recollect, Mr. Wood, what cciidition her screw was 
 in going out ? — When 1 joined her they told me there was one 
 blade and part of another broken three days previously to her 
 arriving. 
 
 Out at Halifax ? — Yes, sir. 
 
 Have you been on board that same ship several times 1 — 
 Yes, sir. 
 
 For the round ? — Yes, sir. 
 
 And what is your opinion of the ship ? — My opinion is very 
 favourable indeed, sir. 
 
 You say that the blade of her fan was broken ? Did she 
 arrive at Now York in safety with the other blades ? — Yes ; 
 and performed well. 
 
 Performed well with the broken screw ? — Yes, sir. 
 
 Did you see her put into dry dock at New York ? — Yes, sir; 
 
 Did you see her when she was dry ? — Yes, sir. 
 
 Was the broken screw taken off and the two-bladed put 
 on ? — Yes, sir. 
 
 Did you see them fitting on the new one ? — I did, sir, taking 
 off the broken one and putting on the new one. 
 
 How did the new one fit ? — It fitted as nice as anything 
 could possibly fit. 
 
 Did it seem to you to be sound and good, or was there any 
 fault to find with the new screw ? — It appeared to me to be 
 perfect everywhere as far as I knew. 
 
 You saw the ship in dry dock ; did you see anything at all 
 to attract attention, anything wrong about the ship ? — No, sir. 
 
 Did the screw appear to you to be loose in any way ? — No, 
 sir. 
 
 I do not know whether you can tell me, Mr. Wood, what a 
 loose screw is 1 — What I would take it to be would be that the 
 shaft was too small to ship on to. 
 
 The shaft which runs through the screw ? 
 
 His Lordship : Then it would not work at all ? — There 
 
■11) 
 
 would be a key in it, but it would bo liable to got loose and 
 break. 
 
 Mr. MiLLWAUD : The sliaft wliich runs through tho boss of 
 the screw would bo too small, and they would key it on ; that 
 would be a loose screw ? — Yes, sir. 
 
 His LoRDsnir : It has not tlie ofTonpive meaning, then ? 
 
 Mr. MiLLWAtiD : Oh, yes ; if it was loose in that way would 
 that interfere with tho wovldng of tlio screw ? — If it gave way. 
 
 His Lonnsnip : As long as the key was firm it would not ? 
 — No, it would remain there, but still it would nut bo tight. 
 
 Mr. MiLLWAHD. — It would oscillate a little?— If it was too 
 large. 
 
 And would that bo fit or proper in your judgment fen* the 
 ship? — No, sir; I do not think it would be proper. 
 
 Mr. Pope : Is ho a mochauicnl engineer ? I do not know 
 that we want the opinion of a pilot on a queslion of this kind. 
 
 His LoRDsnip : Would that affect her speed ? — It would to 
 a certain extent. 
 
 Mr. MiLLWAiiT) : Did you conio on in her from New York 
 to Halifax ? — Yes, sir. 
 
 Had you anything to do with the loading of the ship at 
 New York ? — Nothing. 
 
 It is not your dopavtnient, perhaps ? — No, sir. 
 
 Toll mo what condition she was in on leaving Now York as 
 regards loading ? — I took hor to bo in the best of condition. 
 She drew 22 feet 3 inches on an even keel. 
 
 Now, you have gone not only in her on previous occasions, 
 but in many of the other large steamers. Wes slie in any 
 sense overladen ? — I do not think so. 
 
 How was she as regards trim ? — Wo consider a ship on an 
 oven keel tho best of trim. 
 
 And was she so far a.s you could judge from your expe- 
 rience in tho usual condition, or was '$1:0 anything different 
 from the usual condition of an Atlantic .sl'^amer startirj;;:. from 
 New York? — No; I think she was in as good n conditivn as any 
 ship could have been in the lino. 
 D 
 
Now yoii Iniow Iho hIiii) ; wlmi dnit't of Miitor ilo yvn lliink 
 she would bo safo witli (it any soason of the yenv t — In my 
 jiulgmont I should sny hUo would bo snfo in tho winter nt 23 
 Ibet, and in tho summer probably at 24 feet. 
 
 Now you started from Now York and arrived at Halifax. 
 What sort of a pasgngo did you make from Now York to 
 Halifax? — A very lino passage; wo were forty-seven hours 
 from Sandy Hook to Holifax Lights 
 
 Was that below tho average ? — Below tho average. 
 
 How did the ship behave ? — She behaved aduiii'ably every 
 way. 
 
 During the forty-eight hours you were at sea, was there 
 anything that you could detect tho matter with the ship '? — 
 Nothing whatever. 
 
 You say she behaved admirably. AVImt is tho speed per 
 hour she made from Sandy Hook to Halifax Lights ? — Eleven 
 and three-quarters to twelve knots an hour. 
 
 That is, of course, with a two-fan screw f — Yes, sir. 
 
 Do you know tho practice in these steamers in regard to 
 trimming according to tho wind ? — Do you mean between each 
 end? 
 
 No, not between each end, but between each side, to 
 take the coal out from one bunker or the other ? — At sea. — 
 
 Yes ? — Oh, yes ; frer[uently when the wind is on one side 
 we take the coal from the other to keep her upright. 
 
 So as to keep the weight on the side the wind comes ; to 
 oppose the wjnd so as to keep your ship on as even a keel as 
 you can ?^TrYc9. 
 
 His Lordship : Tbat is what Mr. Inman said. 
 
 Mr. MiLLWABD : That is what Mr. Inman said. 
 
 . Mr. Pope : I did n^t cross-examine on that. 
 
 Mr. MiLLWARD : The effect of that would be to keep the 
 ship'fijjoi^e upright and more comfortable for your passengers ?— 
 Yes.' ': , 
 
 That is tile practice in all these vessels ? — Ever since I have 
 been in them. 
 
61 
 
 Do you know if it was dono in tlio prosonfc iustanco in the 
 " City of Boston?" — I wii« not bolow, but I suppose it was. 
 
 Did you see when she arrived at ]Talifax tlmt she had any 
 list, and if so what way? — Yoa, she had a sli^^ht list to port. 
 
 Now, on which side hod the wind been on the voyage ? — 
 The Hrst part of the voyage we Imd it protty nearly right aft, 
 hut the latter part of tho voyage wo had it on the port sid'i. 
 
 His LoUDsiiiP : 'I'lio u>5(> of the coals would account for that 
 list ? — Yes, sir. 
 
 Mr. ]\riLLWAKi) : Was there anything at oil in that list 
 atlecting the ship ? — Not at all. 
 
 Ilis LouDSiiir: There is nothing nt all of this in the libel. 
 
 Mr. A[ir,i,WAi!i) : Tliej' spoke of the list as nn important 
 matter on the other side, and some of their witnesses said it 
 was a list to port and others that it was a list to starboard. 
 Now, when you arrived at Holifax I belibve yon left the ship? 
 — Yes, sir. 
 
 Did you go down ne.xt morning to the wharf when she was 
 leaving ? — I did. 
 
 What time did she leave next day ?— Twelve o'clock. 
 
 I believe the ships always leave at mid-day ? — Yes, sir. 
 
 His LoiiDsnir : You did not pilot her out ? — No, sir ; not 
 from Halifax. 
 
 !Mr. MiLi.WAUD : We have called the pilot, my Lord, and 
 you shall have a copy of his evidence. You say the ship was 
 lying against the wharf V — Yes. 
 
 Which side was against the wharf ? — Her port side. 
 
 And that was the side to which she had some list ? — Yes. 
 
 Were her bow and stern covered by the wharf ? — No ; both 
 clear. 
 
 Projecting out beyond the wharf? — Yes. 
 
 Did you notice in any way when she was projecting out 
 and moving off, did you notice her draught of water ?— I did. 
 
 I believe at the time you noticed her draught she w as 
 under way ? — She was moving slowly. 
 
 Did you as a skilled man make out what her draught of 
 
62 
 
 water was ? — I made it out to be ns nearly as I could make it 
 out about 21 feet 9 inches aft, and as neai' as I could ascertain 
 21 feet 8 inches forward. 
 
 His Lordship : How did you ascertain ? — By looking at the 
 marks. 
 
 By the figures? — By ' ^ figures, sir. 
 Mr. MiLLWARD : You could see the figures ? — Yes. 
 Then the figures were visible above the water level? — 
 Yes. 
 
 His Lordship : And according to the evidence of the plaintiflf 
 her draught would be three inches less. 
 
 Mr. MiLLWARD : Did she appear to you to bo at nil by the 
 head ? — No, sir. 
 
 Was there anything about the ship, anything in the appear- 
 ance or circumstances of the ship which struck you as unusual 
 for this cluss of steamer ? — No, sir. 
 
 You have told us they always sail at twelve o'clock. Were 
 the tides spring tides or neap tides ? — Near spring tides. 
 
 And what was the state of the tide ; was it high tide or low 
 tide at twelve o'clock ? — It was then just about dead low tide. 
 Dead low tide of springs when she sailed. Of course at 
 that time, therefore, the water in Halifax harbour was down 
 to its lowest ? — Down to its lowest. 
 
 And what effect had that upon the appearance of the ship 
 from the wharf? — I do not know what effect it would have 
 upon those who do not know mucli about a ship ; it would 
 have none with me. 
 
 Because you could see, of course, by the water ; but to 
 strangers or landsmen whereabouts would tho ship appear ? 
 Would tliey look down on her docks, or would they see her 
 close to, or how ? 
 
 His Lordship : What is tho fall of the tide there ? — Seven 
 and a half or eight feet, spring tide. 
 
 Mr. MiLLWARD : You say you noticed nothing about her. 
 Was there anything in that ship when you saw her start that 
 would have induced you to hesitate to go across the Atlantic 
 
53 
 
 in her ? — Nothing. I never saw a ship I would sooner go 
 across in than that, in every way, both ship, captain, and 
 officers. 
 
 Had yoLi any conversation witli Captain Halcrov\' about 
 which course ho woukl take on the voyago across the Athmtic ? 
 — I had, sir, bofuro leaving at Halifax. 
 
 And what course did ho propose to take? — lie did not 
 decide. I referred him to Captain Jamieson, of the "City of 
 Halifax," wlio runs to Newfoundland. 
 
 Mr. Pope : I do not know how conversations about the 
 course he would take are evidence in this matter. 
 
 His LouDSHip (to Mr. Millward): Are you going to account 
 for her loss ? 
 
 Mv. MiLLWAiiD : To ahow the probability. 
 
 Mr. Pope : T do not propose to show the jury how she was 
 lost. There is not the slightest imputation of any kind what- 
 ever as to that. 
 
 Cronn-e.caininad by Mr. Pope, Q.C. 
 
 You took her to New York and brought her back to 
 Halifax ? — Yes, sir. 
 
 Now, at New York, you say she had the new screw fitted ? 
 — Yea, sir. 
 
 That is to say, I suppose, a spare screw was taken and 
 fitted on tho shaft which had previously run through the old 
 screw, which was broken ? — Yes, sir. 
 
 The shaft is a round shaft, I suppose ? — Yes, sir. 
 
 Then, in order to fix the screw, it is necessary, is it noc, to 
 drive a key ? — They generally drive a key. 
 
 The screw itself is, in fact, separated from the shaft, is it 
 not ? — Yes sir. 
 
 And according as it is made tighter on the shaft, it is made 
 faster or looser, as the case may be ? — I am not an engineer, 
 but I happened to see the old screw taken off and the new one 
 put on, and I saw that it fitted nicely. 
 
54 
 
 And it did take her at a good speed to Halifax ? — Yes, sir. 
 
 You did drive at full speed all the way to Halifax, I dare 
 say ? — I think so ; the engineer said so. 
 
 Were you the pilot out from New York ? — We have a 
 harbour pilot ; I am not the harbour pilot. 
 
 You say her draught was 22 feet 3 inches on an even keel 
 when she left New York ? — Yes, sir. 
 
 The New York pilots are paid, are they not, by the draught 
 of water? — I think so. 
 
 Not so the Halifax pilots? — No. 
 
 The Halifax pilots are paid for taking her cut so much, and 
 the New York pilots by the draught of water ? — I think so. 
 
 Are you aware she Avas reported at New York as 22 feet 
 inches, and not 22 feet 3 inches? — I don't know anything about 
 that.* 
 
 You said an even keel would be the best trim. !My friend 
 asked if she was by the head. If she was considerably by the 
 head, would that, in your judgment, affect her safety at all ? — 
 By the head it would, if she was vei'y much by the head. 
 
 That would be bad trim, and would affect her safety ? — 
 Yes, in heavy weather. 
 
 I dare say that you know the " Orontes " was one of Her 
 Majesty's ships— one of the Queen's ships? — I believe so. 
 
 AVell, if slio was by the head and encountered the hiirricano 
 which neai'ly sunk the " Orontes," that is the sort of Aveathor 
 which that trim would not be good to encounter with ? — She 
 would require to be considerably by the head. 
 
 I do not mean anything unimportant, but if she was 
 considerably by the head that would be unfavourable trim to 
 encounter such a hurricane ? — Not so good as an even keel. 
 
 His LoKDSiiiP : AVhat would you call considerably by the 
 head ? — Two feet or two and a half feet. 
 
 * Note. — The pilot .it New York lieiny jiaiil by the draught of 
 water, it is customary to give tliein the benefit of any odd inclies up to 
 tile foot or half-foot. 
 
56 
 
 You mean if she was deeper by two-aud-a-half feet forward 
 than she was aft ? — Yes, sir. 
 
 Mr. Pope : Now, then, how came you to go to the wharf 
 to look at her draught before she left Halifax ?— I always do ; 
 at least I am always down when the shi^i leaves. 
 
 Do you make any report to any person about it ? — No. 
 Just a matter of personal curiosity? — Not particularly 
 curiosity. 
 
 Perhaps I ought to say rather a matter of liabit. It is 
 simply a matter of habit, 1 suppose, that you go down ? Can 
 you tell me what her draught was on the previous voyage, 
 because you did not know she was going to be lost this time ? 
 Can you toll mo her draught on the previous voyage from 
 recollection ? — I generally put it down. 
 
 Wo have no memorandum now ? — I have a memorandum. 
 I think it was not so much as it was before. 
 
 Have you any recollection what her draught was on the 
 previous voyage ? [Witness referred to a paper.] Was that 
 a memorandum you made at tho time '? — Yes, at the time. 
 
 In your pocket 1 surely you did not keep that piece of paper 
 by you month after month ?— This is taken from something else. 
 Then you have not got the memorandum you made at the 
 time ? — ^Yes, I have. 
 
 Where is it ?— Here. [Taking out a pocket-book.] 
 What did you keep a memorandum for ? You have no 
 report to make, you know. 
 
 His LoRDsnip : Did you make a memorandum of her last 
 voyage ? — ^Yes. 
 
 In the same book '? — Yes. 
 
 Mr. Pope : What do you keep that book for ? — As a 
 diary, for my own guidance. [Several ^ extracts from the 
 memorandum book were read.] 
 
 Mr. MiLLWARD : Are you able, looking at that memo- 
 randum made at the time, to say that was tho draught of water 
 of the ship on that voyage ?— Yes ; I would not put it there if 
 it was not so. 
 
o6 
 
 Is that anything at all such as .ly learned friend has been 
 talking of— a considerable trim by the head. Is it not a fact 
 that she was an inch lighter by the head than by the stern ? — 
 
 Yes. 
 
 OHAELES DIXON, examined by Mr. Russell. 
 
 You live at Halifax, and are a master stevedore ? — Yes. 
 
 You have been at sea yourself about seven years ? — Yes. 
 
 And amongst other lines of vessels you act as stevedore in 
 loading the Inman line ? — Yes. 
 
 And do you recollect the ''City of IBostcu" arriving at 
 Halifax on the 22nd January last ? — Yes. 
 
 Did you superintend the putting of any cargo on board at 
 Halifax, and if so, what ? — Yes ; some soldiers' luggage. 
 
 By his LoEDsiiip : Do you mean when she came back from 
 New York '?— Yes. 
 
 By Mr. Eussell : Some casks of furs '? — Yes. 
 
 And some pork and fish ? — Yes. 
 
 In barrels, I suppose ? — In barrels. 
 
 How many barrels of each ? — Ten or cloven barrels alto- 
 gether, I believe. 
 
 Now, what was tho tonnage \i\ measurement of the entire 
 goods put on board at Halifax ? — I judge about 40 tons. 
 
 And how much by weight "? — Would not exceed 30 tons. 
 
 Were some of the barrels put on deck ? — The barrels wore 
 put on deck — wet cargo. 
 
 Why were tliey put on deck ?— The captain would not 
 allow them to go down below. 
 
 Why? — Because they would damage the cargo in the 
 lower hold. 
 
 He says some barrels which were wet goods tho captain 
 would not allow to go below, because they would damage tho 
 cargo. How many were so left on deck? — About eleven 
 barrels. 
 
67 
 
 Was there lots of room below for them, but for the fact of 
 their being wet goods ? — Yes. 
 
 I suppose they were properly trimmed on the vessel — part 
 one side and part the other ? — Five on the port side and six on 
 the starboard. 
 
 Can you tell us whether you noticed the draft of the '* City 
 of Boston?" — I noticed the draft on the morning of the 28th 
 about 11 o'clock — about an hour before she sailed. 
 
 It is no part of your business to take the draft? — No, sir. 
 
 Can you recollect what the draft was? — I should judge by 
 the ligures that the figure '21 was about an inch or an inch and 
 a half under water.* 
 
 Was that forward or aft?— Forward. 
 
 Are you speaking from recollection when you say that the 
 figure 31 was part under water?— The 31 figure was a little 
 
 under water. 
 
 What was the weight of those ten or eleven barrels ? — Pork 
 
 about 3 cwt., and fish about 220 lbs. 
 
 Did you notice what the draft aft was ? — No. 
 
 In what sort of trim did the vessel seem to be?— She seemed 
 a little by the stern. 
 
 About how much ?— About an inch or two inches. 
 
 Nearly on a level keel ?— Yes. 
 
 Cross-examined hi/ Mu. Pori;, Q.C 
 Are you responsible for her loading at Halifax ? — No. 
 Who is?— I am responsible for what goes on board. 
 At Halifax ?— Yes. 
 
 Do you mean you are only responsible for the stowing of it, 
 or for the quantity taken ?— I am responsible for the stowing 
 
 of it. 
 
 That is all?— That is all. 
 
 * Note.— The liguros arc about 6 inches in height. The draft is taken from 
 the bottom of the figure. 
 
68 
 
 I mean, is hev draft of water iin^thiiit^ particular to yuu. 
 Have you anything to do with what she takes ? — No, sir. 
 
 And all I understand you to say is that you should judgf 
 that the 21 hgure was under water an inch or an inch and a 
 half? — Not 80 much. 
 
 Did you make any memorandum of it '.' — No, sir. 
 
 What makes you remember that particular voyage : Nobody 
 thought she was going to bo lost, did they ? — I did not. 
 
 Can you tell me what was her draft of wat(n' at the wharf 
 the voyage before '.' — ]My partner attended to her the time before. 
 
 Have you ever noticed before what draft of water she liad ".' — 
 Not particularly. 
 
 Tell me, was it not the fact that she was so full of cargo 
 that even some of the passengers' luggage had to be left behind 
 and sent on by the next steamer '.' — Not that I know of. I put 
 all on board that was sent down to me. I went up about a 
 quarter-past nine to the office to see if there was any more, and 
 they said, '• No, we will not take any more. " 
 
 By Mr. Millwaud, (2.C. : Mr. Seaton is the agent for the 
 line at Halifax '? — Yes. 
 
 And did you finish taking in cargo at 1'^ oclock at night".' — 
 Xo. I commenced putting freiglit on board at half-past seven 
 in the evening, and finished about a (juarter or twenty minutes 
 past nine. 
 
 Did you take in no cargo after that time ".' — No, 
 
 You said you went up to the office, and they said they woulil 
 not take any more ? — Yes. 
 
 Was that in the evening ■' — A quarter-past nine. 
 
 At that time was there still plenty of room in the hold ".' — 
 There was room for about 15 or 90 tons in the after-steerage. 
 
 1 believe you had only put your goods into that one part ? - 
 Into the after-part. 
 
 And you say that in that part, tlic only one you had to deal 
 with, there was room for 15 or 20 tons '.' — Yes. 
 
50 
 
 Do you know of auy cargo or goods of any sort or kind being 
 k'i't behind that voyage •' — No, sir, I do not. 
 
 You are stevedore, and you would have heard of it, if anybody 
 {\id? — I should have heard of i^ 
 
 By his Lordship: You ne- heard of anything being left 
 behind '.' — No, my Lord. 
 
 SAMUEL BROOKS, examined by Mb. Millwahd. 
 
 Are you the commander of the " City of Brooklyn ?'"— I am. 
 
 I believe she is one of the Innian line ? — Siie is. 
 
 I believe you have been 15 years in the Inman service'.' — Yes. 
 
 Eleven years as master ".' — Yes. 
 
 Did you command the " City of Boston" from March, ISOd. 
 to 1867 '•—I did. 
 
 Of course, during that time you were constantly backwards 
 and forwards? — Y'es. 
 
 How many voyages did you make in her":' — Twenty-one 
 passages. 
 
 During the time you were in her, what do you say of the 
 ship's character and capacity •.»— I think she was the finest ship 
 that ever I was on board of— a most admirable ship in heavy 
 weather. As a sea boat I never saw a better ship. 
 
 What would her capacity for sailing be, supposing anything 
 went wrong with her machinery '.' 
 
 Mr. Poi'E, Q.C. : I don't know whether your Lordship thinks 
 this particularly relative to the issue '.' I don't know that there 
 is any inclination to dispute the character of the ship. 
 
 His LoRDSiiir : It is admitted. The only point is 
 
 Mr. Poi'K : How she left Halifax. 
 
 By Mr. MiLLWARU, Q.C. : What in your judgment would be a 
 safe depth to which you might load that ship ;'— You might 
 load her to 23 feet, or 23 feet inches even. 
 
 You heard the space taken up by passenger accommodation, 
 and so on. Could you, in your judgment, overload that ship 
 with a general cargo '.'—No, certainly not. 
 
60 
 
 There was not room in the ship to overload her ? — Not 
 carrying steerage passengers. 
 
 Now, I believe, you know this two-fan screw : do you not ? — 
 I do. 
 
 Is that as good or as safe us a three-fan '.' — I think it is 
 equally safe with a three-fan one — laorc liable to break, but quite 
 as good. 
 
 Do you happen to know what is usual in the lluyal Navy '.' — 
 I do. 
 
 "What is that ;* — Two blades generally. 
 
 Did you come across or go across yourself in the " City of 
 Brooklyn" in January ? — I left New York three days before the 
 " City of Boston." 
 
 By his Lordship : And came direct to Liverpool".'— Yes. 
 
 By Mr. MiLLWAUD : And did you keep a northerly course ".' — 
 Well, I made the middle passage. 
 
 Did you see any ice ? — None. 
 
 I believe you would not anticipate ice so early as that in thr 
 year "? — I have seen it early in February. This was the lattei' 
 part of January. 
 
 YovL would not anticipate it so early ".' — No. 
 
 By his Lordship : What is tiie greatest draft you have had 
 in her when you commanded her? — 91 feet 9 inches. 
 
 done well ?— She was running light at that time. 
 
 By Mr. Millward, Q.C. : At that time, I believe, she was a 
 bran new ship? — Yes. 
 
 And you were showing her otf— making us fast passages as 
 you could ? 
 
 By his Lordship : Y'ou say she was running light ?— 
 Running light with 81 feet 9 inches, my Lord. 
 
 DAVID TOD, examined by Mr. Rfssell. 
 
 Are you an engineer and ironshipbuilder at Glasgow— one 
 of the firm of Tod and Macgregor ?--Yes. 
 You built the ''^City of Boston ?"— Yes. 
 
61 
 
 And she wns built, wan she not, expressly lor the Atlantic 
 service ? — Yes. 
 
 Ilftving regard to the passenger accommodation in that ship, 
 would it bo possible to overload the " City of Boston" with 
 general cargo, in your opinion '.' — Certainly not. 
 
 Now, with a cargo of 2000 tons, what would the " City of 
 Boston" draw? I mean besides machinery, and so on? — 23 feet 
 
 inches. 
 
 Do you mean to convey a moan draught of 23 feet 6 inches ? 
 — .\ mean draught. 
 
 By his LonnsnTP : That is 200O tons besides machinery ? — 
 Yes. 
 
 By Mr. Russell : In your judgment, would she at that depth 
 be perfectly safe or not ?— She would be perfectly safe. 
 
 You have heard the discussion about the difference between 
 a two and three fan screw. Is there any difference ? — Nothing 
 can be safer than a two-fan screw. 
 
 And a two-fan screw which has been made for the " City of 
 Boston," can it be adapted as securely to the use of the ship as a 
 three-fan screw ?— Quite as securely. 
 
 No looseness? — Certainly not. If it was properly fitted, a 
 two-blndod screw would be ns firm as a three-bladed screw. 
 
 Croxft-cmniincd hy Mr. Pope, Q.C. 
 
 You are, in fact, are you not, one of the partners in the 
 Inman line ? You have an interest in the Inman line ? — I have 
 an interest. 
 
 And, in fact, arc one of the plaintiffs in this case? — In that 
 respect I am ; but I have a very small interest, of course. 
 
 There is a calculation, about which something has been said, 
 in which the machinery on board the vessel is given as 390 tons. 
 
 1 suppose that would be from information furnished by you ? — 
 From data which we furnished. 
 
 Now, I am told that, according to Lloyd's Hegister, the weight 
 of her machinery is 537 tons, or something of that sort. How 
 
C.'2 
 
 (lues that iinsf ? — Lloyd's Register I Slu' is not clikHsod iit 
 Lloyd's.* 
 
 The deposition of witnesses exnmincd by Coiinnission at 
 Halifax wore then put in, and portions of thoin read. At the 
 floso of .Tomes P. Troplett's evidence, 
 
 His LonDsiiii' said : He says " My sight is not good, and I 
 could not see the figures." 
 
 Mr. Pope : I told your l^ordship I did not think any of the 
 witnesses for the defence distinguished the figures. 
 
 His Lordship : Is that the best of your evidence ".' 
 
 Mr. Pope : Oh, no. I will tell your Lordship frankly at 
 once that when you have heard the evidence I will do whatever 
 your Lordship thinks 1 ought to do. 
 
 The remainder of the evidence having been read, 
 
 His Lordship said : Is that the last of your witnesses, Mr. 
 Pope '? 
 
 Mr. Pope : Yes, it is, my Lord ; and I have no other evidence. 
 As I said before, I am perfectly contented, now the whole matter 
 is before your Lordship, to do whatever your Lordship says I 
 ought to do. 
 
 Ilis Lordship : You are perfectly candid. 
 
 Mr. Pope : I ought to say, of course, that we could only 
 deal with the evidence as it came before us — when it was 
 furnished to us. 
 
 His Lordship : T don't find the evidence of the writer of the 
 letter. 
 
 Mr. Mill WARD : Not a particle. He is carefully absent. 
 
 His Lordship : No witness described himself as the writer of 
 the letter. However, it is not for me. I don't know what the 
 Jury think about it. Have you heard the evidence, gentlemen ? 
 
 The Foreman : Yes. 
 
 Mr. Pope : If your Lordship thinks it is not evidence upon 
 
 * None of the large Atlantic steaniera are classed at Lloyd'n. 
 
wlik'li, ill II 'Mso of tliis ilmructi'i', I uugiit to \*\chh tliOHO [)lt'ftH, I 
 sliiill at onco bow to youi* Lordship's dcoiMion. 
 
 His Lonnsiiii': If it woro li'ft to lue I should decide at onco ; 
 Init whrtt impression havo you (tho jury) formed ? 
 
 IMr. PorE : That is ns to tlio Jnstifiention. On the other 
 mutter I sluill have a word to say. 
 
 The FoitHMAN : We arc pretty well agreed. 
 
 Mr. Poi'F, : l\Iy own view of the ease was very strong, 
 and tho understanding between my client and myself is that, 
 without a syllable, I am content to leave it exactly where it stands. 
 If my friend will make no observation I will not make any. 
 1 don't say anything about Justification. 
 
 His liOnDsiiii- : There is no justification, There are only 
 three witnesses called lor the defendant who spoko to the figures 
 at all. 
 
 Mr. Pd'E : There is a great want of precision in the evidence, 
 to say the least. 
 
 Mr. MiLi.WARP : A great want of anything in it. 
 
 His LoHDsiiii' : Of the witnesses for the defence there are 
 only three who saw the figures at all — noticed them. One of them 
 says, by the figures at stern, the water was just over 22 feet ; 
 the other says he does not remember what they were ; and 
 the third says, although he did see them, he did not notice what 
 they were. That is the whole, and all the rest of tho witnesses 
 are people who spoke of their impression six months after the 
 event had happened. That is against the evidence of the pilot 
 who brought her from New York, and who booked the draft of 
 water at the time, and of the carpenter of the ship, who took it 
 down the night beTore she sailed, and one or two other persons. 
 
 jNIr. Mir-LWARD : I have a large body of evidence further 
 than that. 
 
 His Lonosiiip (to the Jury) : If you wish to hear the parties, 
 of course you may do so. 
 
 The Foreman : We do not require any further evidence 
 regarding the condition of the ship. 
 
64 
 
 His LonnsHiP ; Exnctly ho. It strikes mo there in not one 
 single tittle of reliable evidence of justification — not the slightest. 
 Mr. Pope : Then the justification must be found entirely for 
 ^[essrs. Ininan. 
 
 His Loni)snrp : Certainly. 
 
 l\Ir. PorE : That leaves the question whether, if true, this 
 letter is a libel upon Messrs. Inman at all. 
 
 His LoRDSHir : That is a question which one could not but 
 
 have in one's mind. The course I intend to take is to reserve 
 
 that for you, and to take the opinion of the jury as to whetb.er 
 
 in their opinion it is libellous, and, if so, the amount of damages. 
 
 Mr. Pope : Whether in their opinion it is libellous ".' 
 
 His Lordship : That is for the jury properly to say. 
 
 M. Pope: The foundation of my argument to the jury, 
 
 that it is not libellous in the sense of being a 1. gal libel, would 
 
 be that I should say that any one in the public interest would 
 
 have a right to comment upon public matters ; but I should not 
 
 say he would be justified in basing his argument upon an 
 
 incorrect statement of facts. I don't want to keep up the case 
 
 \ipon a point in which I liavo *^o confidence myself ; therefore, 
 
 I should consent to take it subject to the point which your 
 
 Lordship has in your own mind. I should be content to say it 
 
 was a libellous letter if that point were decided against me. 
 
 His LoRDsinp : It is not one which the occasion justifies — 
 not pi'ivileged in that sense. 
 Mr. Pope : No. 
 
 His Lordship : Then the question which I shall leave to the 
 jury is, whether reading the whole of that letter it is one the 
 tendency of which is to injure Messrs. Inman in their commercial 
 enterprise as owners of a line of steamers. 
 Mr, Pope : Reserving to me the point. 
 His Lordship : Whether I ought to leave it to the jury at all. 
 Whatever does reflect upon a commercial man in his commercial 
 character, and is likely to injure that character, is libellous; and 
 it will be for you to say whether this letter does bear that aspeot 
 
(5.5 
 
 H'lio leltei' does not impute to Mossrs Inmun pcisoimlly anything 
 mrong, but it imputes to their agents at JIulifax, who have the 
 ftuperintondonce and loading ot' this ship that either negligently, 
 wilFidly, or carelessly they overloaded the ship to such an extent 
 as to make it dangerous. It is for you to say whether that tends 
 to ii\jure the Messrs. Inman in their capacity as owners of this 
 line of vessels. Ueniember what Mr. Inman said, and form 
 your own judgnient about that. What confidence would the 
 public have in going by their steamers if it were true that any 
 one of them had been overloaded to such a dangerous depth. 
 That is tho argument on the part of the plaintiHs. 
 
 Mr. Pui'E : With reference to the cpieslion of actual 
 tiamages there is no evidence of any actual damagcis beyond tiie 
 natural consequence, if such natural consequence arose. 
 His LoiiDsiiip : Then you know there is another point. 
 Mr. ToPK : I don't know whether my friend will presi that. 
 Mr. MiLf.WARn : Yes, after the course this i^use has taken. 
 Mis hoKDsuu' : You may, purhaps, say a word to the jury 
 on that. There are cases in which nominal damages would 
 amount almost to justilication ; perhaps you will agree upon the 
 amount, such an amount as will indicate to anybody that there 
 is no justilication whatever. 
 
 Mr. Mii.i.WAHit : L will leave it in your Lordship's hands. 
 His Louusiiii' : I would rather not. 
 
 Mr. Poi'K : I am (piite contented, from tin; course which tbu 
 case has taken, that your Lordship should name a sum whieb 
 would be taken as indicating that the evidence has not supported 
 the justilication. 
 
 His LouDsiiii'; I should say there should be i;....u a sum as 
 would not only indicate that justification is not supported, but that 
 there was no shadow of foundation for it at all. The writer of 
 the letter has not shown that he had any gmund whatever for 
 saying so, 
 
 Mr. Pope : I can hardly say that. 
 
 His Lordship ; Then there is the publishing of a letter of 
 S 
 
66 
 
 that kind in a newspaper whifli oivonlates all over iho globe. T 
 wonlfl rather you and Mossrs. Tnman would ap;rcc upon an 
 amount. This ought also to be considered on the ])art of the 
 defendant that he is not the inventor of a malicious libel. It is 
 not like a person sitting down and deliberately writing what he 
 knows to be untrue. No doubt he thought the letter was true. 
 
 Mr. PoPK : As far as the defendant himself is concerned, 
 acting without proper caution, there is no doubt that he did whixt 
 at the moment half the people in England would have done if 
 they had not thought about what they were doing. I cannot 
 help thinking that almost anybody, if he htid received a letter of 
 that kind, would have done the same. 
 
 His LonDSHii' : I should have said it would have been a very 
 much more prudent course to have sent that letter to the Board 
 of Trade as a private communication to procure an enquiry than 
 to send it to the public newspapers. It must be exceedingly 
 galling to the owners of a vessel, at a time of great excitement, 
 when hundreds of persons were interested in the passengers on 
 board, to bo told that the vessel was put in danger by their agent. 
 Cannot you agree upon an amount, not (.'xtravagant, you know V 
 
 The learned Counsel on both sides retired to confer with his 
 Lordship as to the amount of damages ; and, on their return into 
 Court, 
 
 His LoEDsnip (addressing the Juiy) siiid : (K'nthnnen, the 
 learned Counsel on both sides have been \^i1h me, and have agreed 
 to an amoimt which shall be taken to indicate that there is no 
 foundation whatever for the insinuations contaiucnl in that letter 
 — that, as to the condition of the ship, ^Messrs. Inman are entirely 
 and perfectly exonei-ated of iuiy suspicion of the ship being in an 
 improper condition ; and, on tlie other hand, such an amount as 
 should not ho excessive or extravagant, which is fixed witli regard 
 to this consideration, that although the defendant was the author 
 of the publication of that in a ncAVspaper, perhaps, of the largest 
 foreign circulation in the world, and therefore capable of doing a 
 great deal of mischief, still he was not the inventor of the letter, and 
 was not a person who inserted it with any malicious purpose or 
 
G7 
 
 from any nvilicious motive. There is no donbt when he received 
 that letter he looked npon it as one which contained the truth of 
 the matter which was at that time a matter of very great public 
 concern— a calamity which veiled many a family in mourning and 
 ^ricf ; and there is no doubt ho thought it would be doing a public 
 service to send it to the paper. I think he has acted without due 
 consideration, because a person ought to bo very careful, indeed, 
 before lu; puts into circulation a matter so grievously defamatory 
 as that letter was upon the agents of Messrs. Inman abroad, no 
 doubt tending to injure their commercial dealings Avith that lino 
 of vessels. Now, in view of all tliese circumstances, therefore, 
 tlie parties have agre(Ml tliat you shall return a verdict for £2.50. 
 There is a point of law remaining ; that is understood. 
 
 Mr. ]\[iLL\vAiti) : They may nvake the best of it. 
 
 His LouDsnii' : I only say 1 reserve the question of law ; but 
 that, subject to that question, you should retui-n a verdict for 
 
 £2oO. 
 
 The AssociATi; : (hmtlenu^n, you tind a verdict for £250, 
 
 costs 40s. 
 
 .Mr. Mir.LWAUD: Then you assume that it was defamatory, 
 ami aifeeting us in the way of our business. 
 
 Ml-. Poi'K : It' there was any e\id(>nce on that point to go to 
 Ihfi jury, the jury have so found. 
 
 His Loiu;snii' : If it was ])roper lor me to put that to them, 
 the jury have found it. 
 
 Mr. Poi-K : Just s;.. I'hal will be with leave to move to enter 
 a nonsuit in the oA'cnt of its not being libellous in point of law. 
 
 i[r. llussEi.r. : Leave to enter a nonsuit if your Lordship ought 
 not to Ijave left the question to the jury. 
 
 His LouDsuri' : it' it i^ not in point of law a libel. 
 
 Mr. I'oi'i; : I have not consented so as to prejudice my right of 
 discussing the (question as a nu're point of law. 
 
 His LoiiDSUiP : No. 
 
 Mr. Gully : There; was not a Ibrmal verdict taken in the 
 matter. It may possibly be said we have consented to a verdict 
 for £250. 
 
68 
 
 His Lordship : What we have done is morcly to fix th« 
 amount, instead of troubling the jury. 
 
 Mr, PoPL : If there should be n verdict for tlie plaintiff at all, 
 it is to be for these damaf>cs. 
 
 The FoBEMAN : We are quite agreed, and ^vo think the amoiuit 
 is a reasonable sum, 
 
 Mr. MiLLWAEo : T am much obliged to you, gentlemen, for 
 saying- that. 
 
APPENDIX. 
 
 A great mass of evidence was taken before the Trial. A part 
 of it was tlio evidence of persons residing at New York, and 
 was taken under a Commission which was sent there, part of 
 persons residing at Halifax taken under a Mandamus which was 
 directed to the Courts of Nova Scotia, and part of persons who 
 were examined in England under the order of a Judge because 
 they wore about to leave the country before the trial took place. 
 
 The evidence taken at New York and Halifax is too lengthy 
 for printing, but the general effect of it is as follows ; — 
 
 NEW YORK EVIDENCE. 
 
 The witnesses consisted of J. G. Dale, the Agent of the 
 Inman Company at New York ; Samuel L. Brewster, the 
 Company's "Wharfinger; Alexander Drybrough, the Company's 
 Inspector of Stowage; Owen O'Donnell, their Stevedore's 
 Foreman; Andrew M. Underhill, Freight Clerk of the Guion 
 Line of Atlantic Steamers ; Robert Mackie, Agent of Lloyd's ; 
 and Elbert Latham, Surveyor to the Board of Underwriters. 
 
 The Company's Servants proved that the cargo placed on 
 board the ship at New York weighed 890 tons, and was properly 
 stowed ; that she had also 937 tons of coal on board ; that the vessel 
 drew 22 feet 3 inches by her marks on an even keel on leaving 
 New York; that she had frequently carried more weight and 
 been laden deeper ; that the broken screw was taken off at New 
 York ; and that the two-fan screw which was put on fitted 
 properly, and was in good condition ; and that the vessel when 
 she sailed was in perfect order and trim. 
 
 They further put in the freight list and documents in the 
 Company's usual form, drawn up by the witnesses in their 
 regular course of business, shewing the disposition of the cargo 
 
70 
 
 in tho different liolds; and other particulars, and produced a letter 
 from tlxe Captain Avritten to Mr, ])ale, from Halifax, iu which he 
 stated tho draft of water at arrival at that port as 21 feet 7 inehe? 
 forward, and 21 feet 8 inches aft. 
 
 The other witnesses proved that in their ophiion a draft of 
 23 feet and a clear side of 6 feet 6 inches amidships wonld have 
 been (j[uite safe for tho " City of Boston." 
 
 HALIFAX EVIDENCE. 
 
 Eighty-foiu" witnesses were examined at Halifax, 27 for the 
 plaintiffs and 57 for the defendant. The great majority of 
 witnesses called for the defendant were persons imconnected with 
 the sea, and with no experience of ships, who stated that tlicy 
 saw the vessel in tho harbonr, and tliought Iicr deep. Some 
 added that she was down by the head, some that she was by the 
 stern, others that she had a list to port, others again that .slie had 
 a list to starboard, and a few that she was entirely on an even 
 keel and upright. On cross-examination it appeared that only 
 two of these witnesses noticed and could remember what the 
 vessel was drawing, and they stated that she was drawing aft a 
 little over 22 feet ; and one of them added that slie looked in very 
 good condition and trim. Most of the defendant's witnesses did 
 not pretend to say what wonld have been the proper draft of the 
 vessel, and it appeared that many of them considered she was 
 deep, because the tide being low, as she lay at the wharf, lui- 
 deck was only a little above the wharf. Others appear to have 
 judged her to be deep, because the red line was partly or, as 
 some of them thought, wholly submerged. 
 
 [The plaintiffs had iu court the peri^ou M'ho painted the red 
 band on the vessel, and who would have proved that its highest 
 point reached 21 feet 6 inches forward and 21 feet aft, but the 
 case was closed before he vras called.] 
 
 The plaintiffs' witnesses proved that the draft on the vessel on 
 leaving Halifax was between 21 and 22 feet (one of them assisted 
 the ship's carpenter in taking the drafts) ; that the vessel was 
 about one inch by the stern; that she threw overboard at the 
 
71 
 
 whai'f 25 to 30 tons of tishcs luiuaiuiug from the coal consumed 
 between New York and Halifax, and tliat the ]i(KV;\^es taken on 
 board at the latter port did not exi. jcd SO tons weight. 
 
 ENGLISH EViDENC'i:. 
 
 Nine wituuBscs were examined before the trial on behalf of tho 
 plaintitiri, none on behalf of the defendant. Tlie case was closed 
 before their deposition conld be read, and, as they thrcM' a great 
 deal of liglit upon the mode in which the vessel was lost, they 
 are printed in full as follows : — 
 
 llENiiY TIBBITS, r.ramncd hij Mb. liossiiLi,. 
 
 I am master of the Inman steamer "City of Loudon." 1 
 have lu'eii altogetlua- 17 years in the Atlantic trade, 7 as master 
 in tlie plaiutili's' service. 1 Avas for about 8 months master of 
 the "City of ]'toston." This was prior to Septembe]-, 18G9. She 
 was a very good vessel as to seagoing qualities, and generally 
 wvj good. If her machinery broke down she would niake a first- 
 class sailing ship. tShe has been laden to the depth of 22 feet 
 b}^ inches mean draft on two separate occasions. 1 think she 
 would be perl'ectly safe at 23 or 23J feet. I was captuiu of the 
 " City of Kew York," one nf the Inmau line, a sister ship, only 
 21 feet shorter, other dimensions the same, I have laden her 
 over 23 feet, and she has delivered her cargo in good condition. 
 I have known tlie " City of Boston " carry 1 GOO tons of cargo 
 weight and measui'e, and 900 tons of coals in addition. I think a 
 two-bladed screw is as seaworthy as a three-bladcd screw. She 
 might be a little slow er with a head Avind Avith a two-bladed 
 screw, but faster wilh a fair wind. I left Liverpool in the 
 " City of London" on the 20th January last for JN"ew York. 
 On the 30th January, at noon, we were in latitude 42.4 and 
 longiiude 62.13. There Avas a heavy gale veering from the south 
 round to the Avest-north-west, and a high cross sea. The wind 
 was also in our teeth, and we made about a knot or a knot and 
 a-half an hour going at full speed. Our best speed is 12i- knots 
 steaming; Avith a fair Avind more, it Avas the heaviest gale I have 
 seen since 1854, the glass fell 2 inches in 12 hours. It Avas 
 pitch dark, a regular spoon-drift, Avith no moon ; you could not 
 see 10 yards distinctly; the weather continued the same all that 
 night. The gale Avas at its height on the Sunday. In the 
 morning avc Averc 2 degrees to the south and west of Sable Island. 
 We reached Ncav Y'ork on the 1st of Eebruarv. AVe left New 
 York again on the 5th of February for Liverpool. On the 10th 
 i'ebruary at noon we were in latitude 46.30 and longitude 47.37. 
 
72 
 
 We saw several small piecos of ice. The Virgin Kocks were 
 5 luilos north of us, and 3 degrees 20 miles to the west. The 
 lowest temperature of the water was then 29 degrees Fahrenheit. 
 I felt confident there was a large quantity of ice close to us to the 
 north. I think there must luivc been a very large fteld of from 
 50 to 100 miles of ice closely packed near us to the north. 1 
 therefore kept the ship to the southward 2 points. It was the 
 earliest time at which I ever recollect the ice coming down so far 
 south. One course from New York to Liverpool is to the north 
 of the Virgin Hocks, and another to the south. I went by the 
 south. Assuming that the '* City of Boston" left Halifax at noon 
 on the 28th of January, she would be at noon on the 30th of 
 January to the eastward of Cape llace with ordinary weather. 
 I think that with the wind wliich she had from the southward 
 and westward she would run before it, and would be to the 
 northward and eastward of Cape llace. I think slie would go to 
 the northward of the Virgin Hocks. I should have done so under 
 the circumstances, and so run before the wiuil. I should not 
 expect to find any ice at that time on that course. I would not 
 have gone that course if I had had any indication that there was any 
 ice on that course. From the indications of ice that I saw, 1 
 think the " City of Boston" must have run right into it if she 
 took the course which 1 should have taken with her, not having 
 any indications of the ice. If she did run into it in that gale, 1 
 tliink she Avould have gone down in 15 minutes. I have never 
 before seen indications of ice so far south till the latter end of 
 March. I do not think that any gale of wind that ever blew 
 would hurt the "City of Boston." She was one of the finest 
 ships out of Livei'pool. 
 
 Cross-€xn))ii)H>(l hi/ Mj{. li.vvMoxi). 
 
 Her depth from the main deck to tlie bottom of the keel Avoiild 
 be 31 feet as near as I can judge. In speaking of her draught of 
 water, I reckon from the bottom of the keel. I made 5 or (> 
 voyages in her in 8 months. !t takes one nu)nt]i or thereabouts 
 to go there and back. The log is in exis^teuce wliich was kept 
 when I had her. The Inman Company have it. I should say 
 that 22-^ feet was her usual draught when I commanded her. 
 It appears in the log. We made no difi:erencc in the depth of 
 loading in summer and winter. Sometimes there is more freight 
 than at others, and then we endeavour to carry more cargo. 1 
 should not object to loading her 23^ feet. I should have loaded 
 her to that depth if I had known that she would encounter such 
 a gale as I have described, i should have thought it perfectly 
 safe. She is a passenger ship, and would carry about 900 
 passengers. AVe carry more in summer than in winter. About 
 400 on an average. There is a passenger list on board, and one 
 
73 
 
 kept at the Office at New York and Liverpool. She was 400-horsn 
 power or thereabouts nominal. When J comTnanded her she had 
 a three-bladed screw. She went out on her last voyage from 
 Liverpool with a three-bladed screw ; but 1 am told that one of 
 them broke on hei passage out. It was prudent to take out the 
 broken screw and put in one Avith two blades ratlier than use the 
 broken one. Taking it all and all, i tliink 1 should have prel'erred 
 a three-bladed screw to a two-bladed screw. She would have 
 gone better with a head wind. The two-bladed screw was a spare 
 screw kept at Jfew York, sent out from Liverpool specially for 
 the ** City of Uoston." In mere steaming the dilt'erence of one 
 blade would be only about half a knot an hour, 1 think, but I 
 never used a two-bladed screw. She was generally loaded down 
 about 4 inches by the liead. That suited her best. We never 
 loaded deck cargo. 1 do not think it would be proper to load hei' 
 with deck cargo in the winter. When 1 commanded her she used 
 to call at Halifax. I took charge of the "City of London" in 
 November, 1869. She is larger than the *' City of iJoston," 80 
 I'cet longer. She has a three-bladed screw. She has a si)are 
 screw at New York, a two-bladed screw. You could not carry 
 (Mit a three-bladed screw, as it would not go down the hatchway. 
 1 left liiverpool in the " City of Loiulon" on the 20th of January 
 last. She then drew 22 feet o inches forward and 21 feet 4 inches 
 aft. We had 1020 tons of coal. We use from 60 to 70 tons 
 ii day. We had about 200 passengers. The log shews when wo 
 began to get into rough weather. On the 29th January the glass 
 began to fall. The gale began the same night. It moderated 
 towards Monday morning, and we had fair weather afterwards. 
 It was an average voyage for that time of year, about 12 days. 
 I saw the indications of ice on the 10th of February. I did not 
 see the large iield of ice, but I saw some, and have no doubt from 
 tlie temperature of the water that there was a large iield. At 
 abuut tlu,' Virgin Hocks the course of steamers from New Y'ork 
 and I'lom Halifax to Liverpool Avould meet at that time of year. 
 I think the "City of Boston" would have been near the ice on 
 the night of Sunday, the oOth of January. She Avould then be 
 luiiniijg before tlie gale of wind 13 or 14 knots an hour, and you 
 • onld not see the breadth of the ship before you. She would not 
 see the ice till she struck. When I got into the gale my steamer 
 had lightened about o feet from consumption of coal. I think 
 the "City of Boston" Avould have encountered the sumo ice 
 which I saw, notwithstanding there was 10 days difference in 
 time. I never knoAV ice there so early as the 30th of January 
 before. No other cause of the loss of the "City of Boston" has 
 ever occurred to me. 1 never tried her without steam, but I have 
 so tried similar ships of the plaintiffs. I was in the "City of 
 Washington" 64 hours under canvas alone, and made 12 or 13 
 
74 
 
 knots an hour during part of thu tinu'. [ Imve been T) yoars iu 
 sailing vessels. I do not tliinlc a sailing vcss(!l would have boon 
 safer in avoiding that ice than the *' City of Boston. " She cannot 
 lay-to 80 well as a stcamci". 
 
 Itc-cvainincd hi/ Mh. Uusskj.i.. 
 
 In speaking of the draught of water I s[)eak from the figures 
 marked on the bow and stern. A screw is required to fit the 
 vessel for which it is made, and could not be obtained at New 
 York without waiting for it to be made. The consumption of 
 coal lightens a ship quicker iit the commencement than at the end 
 of a voyage. I knew Captain Halcrow, the captain of the 
 " City of iioston." He had Ijcen a long time in the service, and 
 was iu my judgment an olKcer of e.\])erien(e and skill. 'V\\v 
 consumption of coals iu the " (.'ily of IJoston" is about 00 tons 
 a day, I think. The draught of the " City of Boston" is about 
 the same as tlu! ** City of London." Tlie longer the ship is, the 
 lighter iu proportion. 
 
 GEOilGE LOCHEAD, cciun'uml h>/ Air. Ulsskll. 
 
 I am master of the? Inman steamer "Etna," I have been 
 30 years at sea — \\^ in the plaintitfs' suvice, and 6 as mastct-. 
 The "Etna" left Liverpool on the loth .January, and reached 
 Halifax on the 25th. I took the extremely northerly track on the 
 voyage out. I have marked on this chart the course Avhicli 
 wo took with a plain purple line (chart nuirked A). 1 was 
 close to Cape llace on the 2;3rd of January. There was then no 
 indication of ice. There was no snow on ^'ewfoundland. 1 left 
 a copy of our log at Halifax for the information of the next honic- 
 goiug captain. That is our usuid course. It is an abstract, not 
 a copy, of the log. The next return-captaiu usually takes tliat 
 abstract with him. This is a copy of the absli-act wliich I left at 
 Halifax so far as it relates to the voyage up to Halifax (marked Jj). 
 We left Halifax on the home voyage on the llth February. On 
 the llth of Eebruary we were iu latitude 17.1, longitude 17. I 
 have marked the course of the home voyage with a purple line on 
 this chart (marked C). It also shows the winds, weather, and 
 distances run, and the dates. When in the latitude and longitude 
 which 1 have mentioned, 1 saw seAcral lields of ice. They lay 
 both north and south — more north than south. When 1 first saw 
 any ice it bore light ahead. The fields extended 4 or o miles 
 wide east and west, and as far as the eye could see from the mast- 
 head north and south. I believe it was a very extensive field. I 
 should think 40 or 50 miles solid field to the north. On the 
 the south I noticed a berg in the middle of a field of closely- 
 packed ice about 30 or 40 feet high. If I had seen the abstract 
 of the log which I left at ' lifax, and had ooa-"mauded the 
 
75 
 
 " Cityul' Uostoii," I whoiild have gone ti uorlhtTly course, but not 
 quite .so liigli up lis Cap(.' liiK.c. It AVouUl be the safe thing to do 
 under the eircuniHtiiiices. 1 did so on my own voyage home, and 
 if I had had ck'ar weather I. should have gone further north. If 
 she went that course nhe would liave got into the hurricane Hpoken 
 of by the witness Tibbits. hi tliat caf?e slie would liave run 
 l>efore the wind. 1 would ha\e dime so. That would bring her 
 further north and nearer the ice if there was any coming down 
 I'rom the north. I believe, calculating the distance and time, that 
 she would have got into the hurricane about the night of th(> 
 MOth of January. I knew her Avell, but never sailed in her. 1 
 do not think that any storm which ever blew in the Atlantic 
 would hurt lier. I think she might be safely laden at any time 
 up to 2'o feet, and at that depth she Avonld be safe to go to any 
 part of the world. On the Inman steamers the draught of water 
 i-i marked 15 in(h(\>' deeper tlian they actually draw so as to give 
 M good nuirgin, and run no risk in crossuig dock sills. Tiie 
 " Etna" was nuirked on that priiu-iple. When 1 speak of 20 feet 
 being safe, 1 speak of 23 feet as marked on these steamers. The 
 '• Etna" is about the same gross tonnage as the "City of IJostou," 
 liut a little h'ss register. The " Etna" is a little shorter and less 
 beam, but deeper. J liaAc loaded her down to 23 feet, and 
 delivered the cai go in good order. We were drawing 21 feet 1 1 
 iucbcs when leaving Nev,' York. It was a full, mixed cargo. :\?! 
 1 ogards safety or seaworthiness there is no ditfercnce between a 
 two or three-bladed screw. I have been with a ship having a 
 two-bladed hvivw. The two-fanned screw has a little more slip 
 5;oing against a head sea, but has advantages in running free or 
 in steaming in smooth water. The distance from Sandy Hook, 
 Xew York, to the wharf at Halifax, is 582 miles over the groimd. 
 'fo do it in 19 liouis would l)e a good run for the " City of 
 Roston." \ kncAv Captain Halcrow. I was mati' •with him for a 
 long time in tlu' "City of ^lanchestei'." V do not think there 
 could have been a better captain. He had considerable experience 
 in Atlantic navigation. 
 
 Croxs-i'xaiiunod bij ^Mr. ItAYMOiNn, 
 
 It 1 had my own choice 1 prefer a two-bladed screw for ships 
 of the size of the "Etna" and "City of Uoston," because I 
 should get nioic speed out of her. The Inman steamers have 
 thrce-bladcd screws and some four-bladed. Xone of them have a 
 two-bladed screw when they leave Liverpool. If the " City of 
 Uostou" had arrived in Liverpool with her two-bladed screw they 
 would proluibly have changed it for a three-bladed one, and taken 
 the two-bladed one back to New Y''o]k. I never knew an instance 
 of this being done. There is not a spare screw kept for each of 
 Imnan's vessels at Xew York, but fonv sizes whicli can be made 
 
7r, 
 
 to fit by boring the ccutiv out su us tu lit the shaft. Tliis ouo 
 which was on the '* City of Boston" took her homo ouco hc^fore. 
 I was not on board her, but saw it on lier at Li\X'rpool, and saw 
 it taken off. 1 saw the ice first myself otf tlie bridge. 1 went 
 myself to the masthead and saw it. It seemed one solid mass. 
 AVhen I first saw it it was about !> miles distant. Thero was no 
 broken ice near us at that time. AVe kept our course and did nut 
 slacken speed. When 1 came up to it 1 found it was open. The 
 channel which I went through was, 1 think, 2 or 3 miles wide, 
 composed of slop ice. We still kept our speed. I could sec the 
 courne clear through, and from the masthead could see the other 
 side. The Channel was about 1 miles across, aud we got through 
 it in about 25 minutes. It was clear ahead for the rest of the 
 voyage. It was almost calm when we went through. The ico 
 seemed stationary when 1 saw it. The " City of Boston," 
 according to my calculations, would have got into the hurricane 
 on Sunday night. »She would be then on or near the eastern end 
 of the Great Bank of Newfoundland, about 01. '5 miles from Halifax. 
 The wind was moderate when she lelt Halifax from the south- 
 west. It would alter my calculation perhaps from 100 to 150 
 miles if she had a heavy head wind when she left Halifax aud it 
 continued so. If she had a heavy sea, as well as head wind, 
 she would go still slower. The " Etna," when drawing 23 feet, 
 Avould have about a 7-foot side, excluding the bulwark. I do not 
 think it would be safe to load the ' Etna" deeper than 23^ feet 
 for the January passage. In the summer time I would take her 
 25 feet if you could get the stuff into her. The fact of loading 
 tt ship too deep does make her unsafe. I have been in a sailing 
 vessel from India, laden 26^ feet. She was 1700 tons 
 register. We have had between 3000 and iOOO tons of cargo hi 
 her. She was insured. A sailing vessel overladen would be 
 more unsafe than a steamer. 
 
 lie-€da)ninc(h 
 
 We generally take across the Atlantic as muuh dead Aveight 
 as will ballast the ship and fill up with light goods. It would not 
 be practicable to overload an Inman steamer, having regard to the 
 passenger accommodation aud space reserved for machinery, 
 without taking cargo on deck. There is no other cause which 1 
 cau think of except tlie ice to account for tlie loss of the " City of 
 Boston." The principal reason for having a tliree-bladed screw 
 is that it has less vibration and is more comtbrtable for passengers. 
 It was in dry dock that I saw this screw in Liverpool. It was 
 in a good state, no defect whatever. It Avas in day time AA'hcn I 
 saAV the ice, about a quarter to nine in tl;e morning. If you 
 AA'crc running before a hurricane in a dark night, Avithout being 
 able to see the length of the ship before yoii come upon the ice, 
 it would be impossible to avoid it. 
 
77 
 
 Jill Mil. JIavmond. 
 
 It is 111 it, usual lV»r Innuni sti'aniors to cnrry dock curgo. The 
 lof!;H nro left at llio ofticc in liivcrpool, and an abstract is left 
 at the otflre in Ncav York. Tlio chief mate keeps the log, and 1 
 look over it every day at twelve o'clock and sign it. 
 
 WlLLIA:^r THOMAS JUIOWX, crammed hj Mr. Russeli,. 
 
 I am master of the s.s. " Tripoli," I was formerly master 
 of the s.s. " Aleppo," and have been abont 10 years in th(! 
 Cunaid Company's service, and about 20 years at sea. The 
 "Aleppo," left Liverpool, 1 being in command, on Tuesday, 
 the 8th day of Februaiy, 1870, for Boston. On the 15th 
 February, nautical time, about 2 p.m., -nvc were about 47. 32 
 latitude, and 46. WW west longitude. We sighted a large field of 
 packed ice and icebergs. We had ico and icebergs in sight 
 from 2 p.m. till midnight, steaming all that time about 1 1 knots; wo 
 varied about 10 points to the soutli to clear the ice. Wo went a 
 long way to the south. If the " City of Boston," leaving Halifax 
 on the 28th of January, had taken a northerly course, she would, 
 [ think, have been likely to encounter this ice field. If I had 
 been sailing myself from Halifax on that date I should certainly 
 liave taken a northerly course. It was considered by everybody 
 that the ice appeared unusually early that season. In my opinion 
 it was so. Judging from the appearances of this ice field, and as 
 far as could bo seen from the mast head, it a})peared solid, 
 without any passage whatever. I first sighted this in the day 
 time ; the night following was a fine moonlight one. In dark 
 weather and dark night ice would be difficult to see. but with a 
 south-west wind it would be very difficult to see. I have seen 
 the " City of lioston'' often. I believe she was a larger .shij) 
 than the " Aleppo," but I don't know. I should think she would 
 bo perfectly sale loaded at 22 f(M't. In thc! voyage I mentioned 
 my ship was 21 i'eet 10, and htiving New York on the 12tli 
 January 21 feet 9. The fact of a steam-ship having a two-fan 
 screw instead of a three-fan screw docs not aftcct her seaworthi- 
 ness. There is a dift'erence of opinion as to which is the best. 
 I believe that with a two-fan screw the greatest speed is obtained. 
 I have used a two-fan screw in the " Aleppo," and she sails well 
 with it. 
 
 (Jronfi-cxamined hj Mk. Gullt. 
 
 The general opinion is in favour of a threc-bladed screw, in 
 consequence of the lesser vibration. In my opinion the " City of 
 Boston" would bo perfectly safe beyond 22 foot — say 22 feet 6. 
 Ice is not usually so difficult to seo as land. We tako 
 precautions against ice when in ice regions, whether we 
 expect it or not. In the end of January or beginning of February 
 
78 
 
 we nhnuld not tako tho usual procautions i»t' tiikinp; the ti'inpcraturc 
 ol' the M-atrr. I bIiouUI tliiiiU the propcUcr wouUl ho hrokon if 
 the ship oiime in contact with un ice held. Tho rate iccbcrj^s go 
 and the (lirootion they take depends on tlio wind ix^ well us 
 cnrrents. 
 
 lii'-oxn mined hij ^rn. IIusskll. 
 
 A[y opinion is that tho '• City of Boston," when running bcfoiv 
 a yule ot wind, run into un ice lield, and went down in u short 
 tinip. 
 
 •TAMES IvEXXKDY sworn— examined hy Mit. Uir.i,. 
 
 T am master of the Inman .steamer '"City of Brussels," I urn 
 tho senio'" captain in position in tlie Inman service. 1 have been 
 10 years in the service. 13 or 1-1 years as tho master. Have 
 commanded II steamers on tho Atlantic, including "Great 
 Eastern." 1 commanded the "City of Boston" in February, 1805, 
 on her first voyage. 1 retained command till February, 180(5. I 
 was then transferred to tho next now vessel. During that period 
 1 made t) or 10 complete voyages out and homo. Slie was very 
 fust when in my command. She was then the fastest on that line. 
 She was lailen 21 feet to 21 feet 1) inches, when in my command. 
 I moan tho moan draught. That draught was in my opinion 
 very light. Slu' was laden light Avhen under my command, so as 
 to make quick i)assages. She could bo safely laden to 2;i feet 
 inches. That would l)e at any season of the year. The "City of 
 Brussels" is the sanu- depth, sanu; width, and sanu' model as the 
 " City (»f Boston," exce])t that slu; is about 80 feet longer. She 
 L-ould b(> laden saiely lo about the sanu; depth as the " Jioston." 
 A vessel cannot be laden deeper because she is longer. 2.'3.V feet 
 is tho regular draught of the " Citv of Brussels" homewards, as 
 more ]iasseng( r aucommotlation is reserved outwards than 
 honu'wards. Other lines are tho same as to dilference in draught 
 outwards and homewards. The "City of Jioston" was tho finest 
 sea-going bout I ever (ctmmanded. f experienced in her the 
 heaviest gale I over was in in the Atlantic. She behaved 
 remarkably well in that gale. She took no water on dock to 
 speak of. Sho never did while I sailed her. She never washed 
 anything away to speak of. 1 think a two-faimed screw is equally 
 safe as a three-fanned screw. Tho three-fanned screw has 
 less vibration than the two-fanned screw. Tho vibration atfects 
 the comfort of the passengers. There is no other material 
 difference. Tho three-fan screw might go faster against a head 
 sea. The two-fan screw would bo better before the wind. Spare 
 screws are kept at New York for the different linos. Those are 
 two-fanned. I knew Halcrow who comnuuuled tlu^ " City of 
 Boston." He sailed with me as cliief officer in two steamers. I 
 think he was a veiy able commander. Assuming that he learnt 
 
70 
 
 lit Haliliix tliiit th(> " Ktiiu," (inwiird-hoimd into IFiiHfax) on th* 
 cxtrt'ino noillK'ni tnnlc, hhw no ico, In- would, I think, ut thnt 
 si'iisuii, liiivc tiikcn \]\v iioi'tluni pinssi^v, Iuth<' " City of Hofttoii." 
 I sliDuld liiivc d()iu> tlu; simic. I sliould not linvc fxpcrtcd to sec 
 ice on Hint i-oiirso at tliiit scnsoii of tlio year. I liuve never seen 
 it. r iii!id<' I'OO piissaj-xw. I liiive read the evideneo of Captains 
 l/oohead, 'L'ihhcls, mid Jhowii. Assuming tliat the "City of 
 IJoston" was overtakiii hy the soutli-wcst liurricane mentioned 
 hy Ca])t;iin Tililx^tts in Ids evidenr(>, her eaptaiu "would luvve to 
 run liilorc the j^alc. He could have done nothinjj^ else exeejit 
 heave-to. I tliink tlie proper sU'p to have taken woidd he to run 
 hefore the wind. !feavin!;-to is only meant for sailinu; vessels, or 
 suniU st(>amers that cannot kee]) ahead of the sea. The south- 
 west Avind would take liim up more to the north. From my 
 experience, and havinj^' read tin.' t'vidt>nce of those three witnesses, 
 T believe she was hjsl whih> runniiig before that gale. .Vssnnung 
 the machinerv of the " City of Boston" broke down, she would 
 make a very tine sailing vessel. I lost the screAv coming home in 
 the *' City of Lrussels" 500 miles from Ni'W York. I came home 
 under sail against easterly gales. I was hove-to without any 
 damage in the "City of Brussels" about 20 hours. I was 23 
 (lays coming homo from where we lost the propeller — 25 days 
 from Xew York. [This answer objected to: see note*. — C.H.W.] 
 (.'oni]»aring those 2 vessels, the " City of Boston" would be 
 handier under sail than the " City of Brussels," being shorter. 
 The two vessels are ecjual in seaworthiness, equipment and 
 strength. [This answer was objected tof. — C.H.W.] 
 
 Cnjns-c.c(0)ii/H'(l hi/ 31 1!. It.vYMoxn. 
 
 We load till' vissil about the same depth in winter as in 
 summer. 1 have ncjt b((n in the habil of carrying dcudc cai'go on 
 (Uir steamers. About the "iStli of .January it would bo right to 
 <.'arry some sort of deck cargo. 8u])posing J had laden as much 
 as 1 could below to 2.") feet (> inches draught, L would not put 
 anything on deck. She is safe up to 23 feet (5 inches mean 
 draught, over that \ Avould not load any more. The trim fore 
 and aft can easily be altered by shifting coal. The three-fan 
 screw is faster against a head Avind, the two-fan in smooth water. 
 She would run no risk in the gale at the draught I have men- 
 tioned. She Avonld be safi' np to 21 feet. I believe she was lest 
 through ice. Supposing no ice, and no collision, I believe slu- 
 could not have gone down in that gale. 25 feet draught would 
 be too much ; thnt Avould leave feit I'reeboard. 
 
 * Question ol)j(;otcd to by Mr. Raymond as being irrelevant. 
 t Question objected to as above liy Mr. Raymond. 
 
80 
 
 (Ma, Hill doea not re-examine.) 
 
 JAMES WYLIE, examined hj Mr. Hill. 
 
 I um master of the Allan mail screw-steamer " Austrian." I 
 have been 25 years in the Atlantic trade, 6 master of sailing ships, 
 and 9 of steamers in the Allan line. The *' Austrian" left 
 Liverpool, with me in command, on the 20th January, 1870. On 
 the 27th and 28th wo had a heavy gale from west to north, and 
 on the 30th a heavy gale from east to north-west, very heavy 
 cross sea. The gale was the heaviest I ever saw on the American 
 coast. We Avere on the 30th in latitude 44 north, longitude 56.9 
 west. On the 3l8t, at half-past 8 p.m., we were in latitude 43.23 
 north, and longitude 01. 7 west. "We were off the south-west end 
 of Sable Island. We exchanged signals with one of our steamers, 
 the "jS'ova Scotian," bound east. We were bound west. The 
 signals were exchanged at the point on the track marked A on 
 the chart produced. The signals were three rockets cacli — blue, 
 white, and red. The 2 vessels are three-masted vessels. I have 
 read an account, written by the captain of the schooner " Charles 
 Tupper," in the newspapers, as to lights he saw off Sable Island 
 on the same date and near the same point. I should say the 
 lights he saw were ours and the ** Nova Scotian." I have seen 
 the "City of Boston" very often. I consider her to bo a first- 
 da^js ship. I should say a draft of 22 feet 3 'acL"s for her at any 
 ary time woiild bo qiiitc proper. I think might have been 
 
 loaded down to 23 fecit. I consider she couid carry an amount 
 txjual to her registered tonnage, that would bo exclusive of coals 
 lor ship's use. She might liave 900 tons of coal on board, in 
 addition to cargo. I have sailed \\\ a steamer with a two-fanned 
 screw three winters in the Atlantic trade ; I never found any 
 difficulty with it, and it answeied very well. The hulls of all the 
 Atlantic steamers are painted miuh tae ^om(> ; the lower part is 
 painted with \ patent anti-fouling composition green colour, above 
 that a red band, above that black ; the said colours have nothing 
 whatever to do with the load-line of the ship, if I had been in 
 command of the "City of Boston," and had been told that the 
 " Etna" had arrived at Halifax ou the 25t'ii January, coming by 
 the track as shown in the chart marked A, and had seen no ice, 1 
 should have thought it a prudent course to take the same track 
 home. 
 
 CroHS-examined hy Mil. Pottek, 
 
 I would not say it would have been an imprudent course to 
 have taken any other course home. I have taken the dc pth of 
 the "City of Boston" to be 20 feet hold ; the deptli is ?^\ I go 
 by. I take her net registered tonnage tc be about 1 600 tons. 
 She ought to have had 3 inches clear for every foot of hold ; 
 
81 
 
 that is, 6 feet 6 inches all oleav side. I lel't the vessel alter the 
 three winters' sailing with a two-fan screw. There hav(^ been 
 cases wliere two-fan screws have been replaced by three-fan 
 screws, and three-fan screws by two-fan screws. It makes no 
 difference in taking out a screw what fan is put in. A two-fan 
 screw will fit the shaft for a three-fan screw if properly fitted — it 
 depends on the boss — the centre piece. The screw should be cast 
 from a mould of the shaft. 
 
 Re-examined by Mu. Hill. 
 
 One of our vessels now carries a two-fan screw. I know that 
 the Navy use, I believe, nearly always a two-bladed screw. 
 
 WILLIAM McMICKAiS', examined hy Mu. Hill. 
 
 I am master of the Cunard screw steamer "Calabria." I 
 have been ten years in the Cunard service as master. I knew the 
 " City of Boston.'' !She was a first-class steamer. So as to be 
 safe slie might be laden 213^ feet at any time. G feet clear side 
 would be safe. There is no difference between a two-bladed and 
 a thrce-bladed screw as to safety. Our spare screw is two-bladed. 
 I have sailed with a two-bladed screw ; it was 14 years ago. If 
 our vessels break their fan on the outward \oyage they come home 
 with a two-bladed screw. I was at New York when tlie "City 
 of Boston" sailed, but did not see her. I left New York on the 
 26th January. 1 lost two relations in lier. On the 31st January 
 we had a heavy gale from south-west, with a heavy sea. My 
 track is marked on the chart produced ; the crosses mark our 
 position. .Vt noon on the day indicated by tlie figiire above each 
 cross on th.' 31st the gale was the severest I had all winter. I 
 had 3 boats and the steward washed overboard. I have heard the 
 evidence of Captain Wylie. 1 should have gone a northerly 
 course if I had heard the Etna had come in and had seen no ice, 
 but probably I should not have gone so far north as the Etna did 
 on her course westward. All the Atlantic steamers are painted 
 much the same. I agree witli Captain "VVylie tlie painting has 
 nothing to do with the load line. We very often have a list on 
 our vessels, one side or the other. The reason is we trim the ship 
 against the wir. by using the bunker on the lee side, and so 
 produce a list that is not attended wi'^h any danger to the ves.sel. 
 
 Cross-examined hy Mn. Potter. 
 
 It might be a source of danger in a sudden change of wind, but 
 it could be remedied in two or three hours by working the other 
 bunker. The gale on the 30th commenced about 8 in the 
 evening ; it was then a gale with hervy sea, and our ship was 
 taking much water on deck. It continu' 1 increasing to 8 in the 
 c:.oniing of the 31st, when it was blowing a terrific gale with 
 F 
 
82 
 
 Immcane squalls with lieavy sen, the ship rolling heavily and 
 shipping much Avatcr on board. The sea began to go down about 
 midnight of the 1st of February. It is not by inspection of the 
 " City of Boston," and not from any figures or survey, that I 
 speak. I have often been on board of her, and know her well. 
 
 Re-examined hj Mr, Hill. 
 
 I have never known of any dangor from a list such as I have 
 described. Assuming the " City of Boston" to be running before 
 the wind with a two-fan screw and loaded as described, I should 
 think there would not be more than the usual danger. If I had 
 been in command of the " City of Boston" on the northerly track 
 I have described, and had been overtaken by a south-west 
 hurricane, I Avould have run the ship before the wind. I cannot 
 think the " City of Boston" was h st by stress of weather, because 
 we had never known of a shiji of her class being lost from such a 
 cause. 
 
 liOBERT LEITCH, examined hy Mr. Hii,l. 
 
 I am master of the Inman screw-steamer " City of Antwerp." 
 I have been a niaslei" mariner 30 years, and in command of 
 Atlantic steamers 19 years. I was captain of the " City of 
 Jioston." Captain IJrooks was captain of her before me. 1 
 continued in connuand of her over 12 months ; during that time 
 I was making constant \oyages in hei- across the Atlantic. She 
 was a first-class ship, and no bctloi- afloat. If her machinery 
 broke down, she would have done excellently well as a sailing 
 ship. She would be perfectly safe loaded at 24 feet at any time 
 of the year. I have had her laden at 22 feet 6 inches. The 
 " City of Antwerp'" is the same depth and beam as the " City 
 of Boston," but she is longer. I have had her laden to 22| feet. 
 We have not room to fill up deeper, by reason of the large 
 passenger space. If we had no jjassengei's we s])ould load 
 deeper. Since this action commenced I have measured the 
 depth of the " City of Antwerp ;" that was in dry dock. I did 
 it carefully. The depth from the top of the main hatch to her 
 keel is 30 feet 9| inches ; that is made u]^ as follows : — 
 
 Feet. Inches. 
 Thickness of upper deck 4 
 
 From the under-part of the deck to the top 
 
 of the ceiling in the main hold 26 (3^ 
 
 From upper side of ceiling to cement , 2 8 J 
 
 From cement to outside of garboard 5 
 
 Depth of keel ... 10 
 
 30 9f 
 
8.S 
 
 With a marked draft of 22 feet 3 inches she would have a clear 
 side of 8 feet Of inches ; with a marked draft of 21 feet 8 inches 
 she would have feet 4^ inches. The "City of Boston" was, 
 and the " City of Antwerp" is, marked 4 inches deeper than 
 their real draft ; that is done for giving margin in docking. Wo 
 report our draft as marked. I have heard the evidence of 
 Captain McMickan and Captain Wylie as to the painting of the 
 Atlantic steamers, and I agree with it. I think there is no 
 danger at all in a list as described by Captain McjVIickan. We 
 always trim the ship against the wind, because the ship goes 
 better on an even keel. As regards safety there is no diHerence 
 between a two-bladed and a three-bladed screw. There is this 
 dilTerence — that against a head sea a three-bladed prttpels faster, 
 and in smooth water and before a wind a two-bladed propels 
 quite as well. 1 knew Captain Halcrow. He was a capital 
 seaman. I always understood him to be so. If I had had 
 command of the " i^oston," and if the " Etna" had come in 
 reporting no ice on the northward track, I should have thought 
 it prudent to take a northerly course. If in that case 1 had 
 been overtaken with a south-westerly hurricane I should have 
 run her before the wind. If ice was seen in the place, and at 
 the time spoken to by Captain Tibbits, then, in my opinion, 
 the "City of iioston" was lost by coming in contact with ice. 
 I cannot account for her loss in any other way. Knowing her 
 as I do, I do not think any gale in the Atlantic would damage 
 her seriously. I left New York on the 29th January, and had 
 tine weather to the 1st day of February, and then encountered 
 strong gales for several days. My track home is shown in the 
 chart — the purple line with red crosses. 
 
 Cross-examined by Mr. Potter. 
 
 1 judge from the register of both ships that they are much 
 the same. I measured the " City of Antwerp." 13oth the 
 " City of Boston" and the " City of Antwerp" were specially 
 built as passenger vessels carrying cargo. We can fill up 
 passenger space by cargo, perhaps a couple of hundred tons. 
 When we had loaded 2vi feet G inches, I cannot tell exactly how 
 much passenger space was occupied. If the " City of Boston" 
 was carrying a full cargo and coals, and say 201) tons in pas- 
 senger space, I should say approxinuitely she would be carrjiiig 
 about 1700 tons weight, without counting weight of nuichinery. 
 When she had had a mean draft of 22 feet inches, she would, 
 perhaps, be 23 feet at head and 22 feet at stern. 
 
 lie-examined bij Mj».. ITrr.L. 
 Our steamers generally ;>tart a little by the head, because the 
 
84 
 
 greater pait ol' the coal is stored Ibrwarcl of the centre, and the 
 vessel, therefore, rises forward as the coal is consmued. When 
 they come on they are by the stern ; there is no danger in a 
 vessel being a little by the head at starting. The appearance of 
 the " City of Boston "' and the " City of Antwerp" was the same, 
 except as to length of the latter. 1 saw both of them in the 
 graving-dock. 
 
 The AViTNESs recalled by Mh. Hill. 
 
 On January 2oth, 187U, about 4 p.m., I was entering the 
 harbour of New York inside the Narrows. I was navigating the 
 " City of Antwerp.' It was daylight. I saw the " City of 
 Boston" steering out to sea. i passed her about a quarter of a 
 mile from her. I noticed her general appearance ; she appeared 
 comparatively light. 1 .could not see the ligures. i should say 
 she was drawing about ^2 feet. IShe was perfectly upright at 
 that time, and there did not appear to be anything the matter 
 with her ; she was in perfect order. I should say she could 
 carry 3000 tons with perfect safety. If I had her as a sailing 
 vessel, I would not hesitate to put 3200 in her. 
 
 Cross-examined hy Me. Poxxek. 
 I did not notice her screw. She appeared on an even keel. 
 
 Re-examined by Mit. Hill. 
 An even keel is when she draws the same lore and aft. 
 
 CHARLES HENRY EVANS JUDKINS, examined by 
 
 Mu. Hill. 
 
 I am master of the " Scotia" and senior captain of the 
 Cunard Line, and have held that position over 30 years. I 
 have been many hundred times across the Atlantic. I knew the 
 " City of Boston" screw-steamer. As far as I could Judge her 
 she was a very good and able steamer as compared with other 
 Atlantic steamers. 1 should say she might have been safely 
 loaded in winter to 24 feet — feet side W(.)uld be quite safe for 
 her. I should think a ship of her tonnage should carry 2900 
 to 3000 tons, including machinery and everything. I assume 
 she was 20 feet in depth of hold — I judge i'rom my own shijj. 1 
 know that two-fan screws are used in our service as spare screws. 
 The bands of paint on the Atlantic steamers have nothing to do 
 with the load line. We simply look at the figures on the stem 
 and stern for the draft. If the captain of the " City of Boston" 
 heard on leaving Halifax that there was no ice between 
 Halifax and Cape Race he would be perfectly justified in 
 going to the north of Sable Island. Having the same informa- 
 
85 
 
 tion I myself should havo stecvod a course line cast half south 
 magnetic from Halifax. That would clear Cape Race and 
 Sablo Island. It would take him about 15 miles south of Cape 
 Race. The course I refer to would be a little south of the 
 '* Etna's" course westward as marked in the chart. 
 
 Cross-examined hj Mk. Potier. 
 
 When I gave the estimate of tonnage, I did so from the 
 knowledge I have of our own ships. 
 
 Re-examined by Me. Hill. 
 
 I should say she was a ship of 340 feet over all- 32 or 33 feet 
 beam — builders' measurement. I should judge to be 2800 to 
 3000 tons. [The certiiied copy of register put into witness's 
 hands by Mr. Hill for plaintiffs, Mr. Potter objects to witness 
 looking at it. J Witness ^ays — Assuming the dimensions given in 
 the register to be correct, does not alter my opinion as to her 
 carrying capacity. 
 
 BEYCE ALLAN, examined ly Me. Hill. 
 
 I am the senior partner at Liverpool of the Allan line of 
 Atlantic steamers. I have been at sea myself 20 years, ending 
 in 1847. I was a master f(n' 12 years. During that tiiLe I was 
 in the Atlantic trade altogether. I knew the " City of Boston " 
 by sight. I have often seen her. I do not know her dimensions. 
 [The certiiied copy of register produced, and objected to.] The 
 witness, looking at it, says — She would not be overloaded in 
 winter at 23 feet. She would be (juite safe, irrespective of the 
 register. I should say, having seen her, she would be safe at 
 23 feet. There is no ditl'erence, in point of eliiciency, between a 
 two-bladed and a threc-bladed screw. We have just begun to 
 use four-bladed screws. The only difference is, there is less 
 vibration by using a three or four bladed screw. I heard Captain 
 Judkiu's evidence as to painting, and 1 agree with it. The 
 paint lines shew nothing as to load line. 1 heard Captain 
 -fudkin's evidence as to loading. 1 think total weight, including 
 machinery, at 2i)00 tons woidd be within the mark. 
 
 Question. — Have ■ you formed any opinion as to how the 
 '• City of Boston" was lost'.' ^Objected to.[ 
 
 JFitncss. — 1 think she got into the ice ; that is the only way I 
 can account for her loss. 
 
 Cross-examined by Me. Pottee. 
 
 The painting of the lines depends on the taste of the persons 
 first painting the ship — there is no rule for it. The same lines 
 are generally continued.