Transcript of Record — The Southwark
Supreme Court brief1903
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SUPREME COURT OF THE UNITED STATES.
OCTOBER ‘TERM, 1902.
No. 183.
JOSEPH J. MARTIN, ALFRED M. FULLER, AND THOMAS
B. SCHRIVER, COPARTNERS, TRADING AS MARTIN,
FULLER & COMPANY, PETITIONERS,
US.
THE STEAMSHIP “SOUTHWARK,” WHEREOF THE INTER-
NATIONAL NAVIGATION COMPANY IS OWNER.
ON WRIT OF CERTIORARI TO THE UNITED STATES CIRCUIT COURT
OF APPEALS FOR THE THIRD CIRCUIT.
INDEX.
Caption
Transcript from the district court of the United States for the eastern dis-
UE OE ONE UAINER Kn unwisstebscBcaacaweshnad sebiencbs ods Oenees beens
Exhibit A—Bill of lading
Depositions, &c., for libellants
Libellants’ Exhibit No. 1—Bill of lading
Testiinony of Lodge Colton ,
James Augustus Lippincott
Sa MINIT Wok 5 oo Shn6an5 chndKtAS NAR SSOERS TRS
OE eee -RinhotRGkS SA wshanauK eas
Jupp & Derweiter, Printers, Wasuineron, D. C., Avavst 28, 1902.
INDEX.
Letter, Paul to Cheyney, December 23, 1897
Letter, Cheyney to Paul, January 15, 1898...................0000-
Letter, Paul to Cheyney, January 17, 1898 ...............-2.2000-
Letter, Cheyney to Paul, January 26, 1898..................00200.
Letter, Paul to Cheyney, January 26, 1898...............-.00.-00-
Letter, Paul to Cheyney, October 20, 1899 .............-..2.05 - -_
Letter, Lewis & Cheyney to Paul, October 23, 1899........... .... 103
Letter, Paul to Cheyney, October 25, 1899...........-.2225 sseeee 105
Exhibit No. 1—Extract from abstract of log ..................44- 106
ee tee TT TET EEL TT Pte eee eee SSEbeRES evs hans eeetbe 107
BION, Gy Ne IIIB a ons 5 Sk wee cesens: sevesnscasscavons 112
i ere rr re 112
PEN as Gira ecwss «Se essaeeescvas’ epen 136
eee eee ees 152
x Herbert Dale Haverfield ...............-.---eeeeeee 160
James Alexander Aldcraft...... ehcathbsos Cheweex un 172
SINS hi eds. s Bes n ie ciSie-cs nus ene sckis 179
RR ee ae ee er rere 191
Exhibit No. 1—Extract from abstract of log............ -.... ... 204
Letter, Richardson, Spence & Co. to Shinn, April 5, 1900.......... 205
Letter, Richardson, Spence & Co. to Shinn, April 9,1900 .. .... 205
Letter, Spence to Shinn, April 9, 1900..............-..26 ssesvece 206
Letter, Gilbert Paul to Doran, July 30, 1894 ..............-..... 206
Letter, J. Rodman Paul to Cheyney, December 5, 1899............ 208
UU, Cock vce sdbences, snbatsacbionnveneh ee: ced soun 209
SPR sR ARSC ELEN G na eCSERSNG: WANES. Ktves KESS4 GA SCAbE Shs Ae eee 211
OP IE nh ve Vilseen taka vcd sstaucbeSccn ek saban ae Ted nee 212
NE EIS Sean c cw Gk cba eE Kes kos 0iee RE RAG aba OES Means 212
Agreement as to parts of record to be printed............... 000 cee eee e eee 212
Order taking cause under advisement... ..........0000 cecccscccses sesens 213
I EM Ms 5, 0s 4 ok cas MA SAK CAEN S Seach) b5504 CaS EN RRR CMW SERSR 213
EUG NAW SEK ASK DAWES ISAAC ChE MONA DE 05x p DOR bad ASSeREELENEAaNS -O% 214
Clerk’s certificate . Pal news CSM DRAGS 1A MOSSE SEN DO RS ORR SAW SEMASA Noe DLE 214 ,
PE EE Rin a sa Ais KU RERSRRhAaS re eR ss ewan ROR TA DOE Sea 215
Stipulation as to return to writ of certiorari................... cee eee eeee 215
ee ND oes hock ous ot asec adenewacink ss cemae exks bat
Transcript of Record.
United States Circuit Court of Appeals for the Third Circuit, March
Term, 1901.
Joseru J. Martin, ALFRED 'M. Fucver, and THomas B.
Schriver, Copartners Trading as Martin, Fuller & Com-
pany, Libellant-, Appellant, No. 8
= . 8.
Tue STEAMSHIP “ SourHWwaRK,” Whereof the International
Navigation Company is Owner, Respondents, Appellees.
Appeal from the district court of the United States for the eastern
district of Pennsylvania.
Filed December 17, 1900.
In the District Court of the United States for the Eastern District of
Pennsylvania. In Admiralty.
JosePpH J. Martin, ALFRED M. FuLier, WILLIAM
Fuller, and Thomas B. Shriver, Trading as Mar-
tin, Fuller & Company, No. 16 of 1895
v8. 7 :
THE STeaMsuHIP “SourHwaRK,” Whereof the Inter-
national Navigation Company is Owner.
Breach of contract of affreightment.
Pleas before the honorable the judge of the district court of the
United States for the eastern district of Pennsylvania.
It is thus contained :
Be it remembered that on the 21st day of February, A. D. 1895,
Horace L. Cheyney, Esq., and John F. Lewis, 29.» proctors of said
court, come into said court and exhibit the libel and complaint of
Joseph J. Martin, Alfred M. Fuller, William Fuller and Thomas B.
Shriver, trading as Martin, Fuller & Company, against the steam-
ship “Southwark,” whereof the International Navigation Company
is owner, in a cause of breach of contract of affreightment, civil and
maritime and the same being filed is in the on and figures fol-
lowing, to wit:
(a)
GRE
wd Ae
Son
Songer ras
LIBEL.
To the Honorable, William Butler, Judge of the District Court
of the United States for the Eastern District of Pennsyl-
vania :
The libel and complaint of Joseph J. Martin, A. M.
Fuller, William M. Fuller and Thomas B. Schriver, co-part-
ners, trading under the firm name of Martin, Fuller & Com-
pany, wholesale meat merchants of the City of Philadelphia,
against the steamship ‘“* Southwark,” whercof Pas-
sow now is, or late was, master, her engines, boilers and
machinery, tackle, apparel and furniture, in a cause of breach
of contract of affreightment, civil and maritime, al'eges as fol-
lows :
I. That on or about July 3d, A. D. 1894, the libellants,
who are wholesale dealers and exporters of fresh meat in the
City of Philadelphia, delivered on board the said steamship
“ Southwark,” one of the American Line of steamships, who
are common carriers for hire between Philadelphia and Liver-
pool, in good order and condition, 961 quarters of fresh beef,
which the agents and owners of said steamship, in considera-
tion of the sum of $1531.26 freight paid to them, agreed to
safely carry to the port of Liverpool, and there deliver the
same to W. D. Craven, in like good order and condition, as
appears by a copy of a bill of lading delivered to the libellants
which is attached hereto, marked ** Exhibit A,’ and made a
part hereof. The said W. D. Craven, who is designated in
the said bill of lading as the consignee, was and is the agent
of the libellants at London for the sale of said meat.
I]. The said steamship ** Southwark ”’ is engaged in carry-
ing, zxter alia, fresh meats between Philadelphia and Liver-
pool, and for that purpose is supplied with refrigerating appa-
ratus and compartments specially constructed wherein a
greatly reduced temperature is maintained in order to carry
said cargoes of fresh meat safely, all of which the libellants
had knowledge, and by reason thereof the said fresh meat was
on
2
delivered on board of the said steamship for transportation to
Liverpool as aforesaid.
III. At the time the said steamship ‘‘ Southwark ”’ sailed
from Philadelphia with said cargo on bvard, the refrigerating
apparatus hereinbefore referred to, was out of repair and was
working badly, and during the said voyage was not repaired,
so that it was not possible to reduce the temperature in the
compartments where said meat was carried, to the proper
degree, and consequently upon the arrival of the said steam-
ship at Liverpool and the delivery of said meat to the said W-
D. Craven, the libellants’ agent, the greater part thereof was
spoiled and damaged to the loss of the libellant in the sum of
$6,036.
IV. The said steamship “‘ Southwark”’ is now within the
port of Philadelphia and Eastern District of Pennsylvania.
V. That all and singular the premises are true and|within
the admiralty and maritime jurisdiction of the United States
and of this Honorable Court.
Wherefore the libellant prays that process in due form
of law according to the course of this Court in cases of
admiralty and maritime jurisdiction may issue against the said
steamship “ Southwark,” her engines, boilers and machinery,
tackle, apparel and furniture, and that all persons claiming
any interest therein may be cited to appear and answer all
and singular the matters aforesaid, and that this Honorable
Court would be pleased to decree the payment of damages
as aforesaid with interests and costs, and that the said steam-
ship may be condemned and sold to pay the same, and that
the libellants may have such other and further relief as in law
and justice they may be entitled to receive.
Rush tstinel gears haa I So OE
3
EASTERN DISTRICT OF PENNSYLVANIA—SS.-
being duly
affirmed, says that the facts set forth in the foregoing libel are
true, to the best of his knowledge, information and belief.
Affirmed and subscribed to
before me this day
of February, A. D. 1895.
Bill of Lading.
RECEIVED, in apparent good order and condition, by the
American Line, from Martin, Fuller & Co., to be transported
by the good steamship ‘‘ Southwark,” now lying in the port of
Philadelphia, and bound for Liverpool, with liberty to call at
Queenstown, a quantity of fresh beef, said to be 961 quar-
ters (nine hundred and sixty-one), more or less, shipper’s
count, being marked and numbered as per margin, shipper’s
weight (quality, contents and value unknown), and to be
delivered in like good order and condition at the port of
Liverpool (or so nearthereto as she may safely get), unto
William D. Craven, or to his or their assigns. Freight,
primage and charges to be paid in cash, without discount on
the said goods, on discharge, at the rate of fifteen shillings
sterling, 40 cubic feet, with five per cent. primage, and charges
as per margin. General average payable according to York-
Antwerp Rules, 1890.
It is mutually agreed that the ship’shall have liberty to
sail with or without pilots; that the carrier shall have liberty
to convey goods in lighters to and from the ship at the risk of
4
the owners of the goods; and in case the ship shall put into
a port or refuge, or be prevented, from any cause, from pro-
ceeding in the ordinary course of her voyage, to tranship
the goods to their destination by any other steamship ; that
the carrier shall be liable for loss or damage occasioned by
fire from any cause, or wheresvever occurring by barratry of
the master or crew ; by robbers; by arrest and restraint of
princes, rulers or people, riots, strikes, or stoppages of labor ;
by explosion, bursting of boilers, breakage of shafts, or any
latent defect in hull, machinery or appurtenances ; by heating,
decay, putrefaction, rust, sweat, change of character, drainage,
leakage, breakage, or any loss or damage arising from the
nature of the goods or the insufficiency of packages ; nor for
land damage ; nor for the obliteration, errors, insufficiency, or
absence of marks, numbers, address or description; nor
for risk of craft, hulk or transhipment; nor for any loss or
damage caused by the prolongation of the voyage ; and that
the carrier shall not be concluded as to correctness of state-
ments herein of weight, quality, contents and value.
It is mutually agreed that this shipment is subject to all
the terms and provisions of and all the exemptions from lia-
bility, contained in the Act of Congress of the United States,
approved of on the 13th day of February, 1893.
1. It is also mutually agreed that the carrier shall not be
liable for articles comprised in Section 4281 of the Revised
Statutes of the United States, unless notice of true character
and value thereof is given and same is cntered in the Bill of
Lading.
2. Also, that the shipper shall be liable for any loss or
damage to ship or cargo caused by inflammable, explosive or
dangerous goods, shipped without full disclosure of their
nature, whether such shipper be principal or agent, such goods
may be thrown overboard or destroyed at any time without
compensation.
.
3. Also, that the carrier shall have a lien on the goods
for all freights, primages and charges and also for all fines or
Pte
Ce ee ees Pe Ore ee
13
5
damages which the ship or cargo may incur or suffer by
reason of the incorrect or insufficient marking, numbering, or
addressing of packages or description of their contents.
4. Also, that in case the ship shall be prevented from
reaching her destination by Quarantine, the carrier may dis-
charge the goods into any Depot or Lazaretto, and such dis-
charge shall be deemed a final delivery under this contract,
and all the expenses thereby incurred on the goods shall be
a lien thereon.
5. Also, that the ship may commence discharge immedi-
ately on arrival and discharge continuously, the Collector of
the Port being hereby authorized to grant a general order for
discharge immediately on arrival, and if the goods be not
taken by the Consignee within such time as is provided by
the regulations of the port of discharge, they may be stored
by the carrier at the expense and risk of their owners,
6. Also, that full freight is payable on damaged or un-
sound goods ; but no freight is due on any increase in bulk or
weight caused by the absorption of water during the voyage.
7. Also, that if on a sale of the goods at destination for
freight and charges, the proceeds fail to cover said freight and
charges, the carrier shall be entitled to recover the difference
from the shipper.
8. Also, that in the event of claims for short delivery
when the ship reaches her destination, the price shall be the
market price at the port of destination on the day of the ship’s
entry at the Custom House, less all charges saved.
9. Also, that merchandise on wharf awaiting shipment or
delivery be at shipper's risk of loss or damage by fire or
flood, not happening through the fault or negligence of the
owner, master, agent or manager of the vessel.
10. Also, that this Bill of Lading, duly endorsed, be given
up to the Ship's Consignee in Exchange for Delivery Order.
11. Also, that the Freight prepaid will not be returned,
goods lost or not lost.
PRR acter ce seers ernment a
6
12. Also, that parcels for different consigeees collected or
made up in single packages addressed to one consignee pay
full freight on each parcel.
13. Also, that the Master Porterage of the delivery of the
cargo be done by the consignee of the ship, and the expenses
thereof to be paid by the Receiver of Cargo.
14. Also, that freight payable on weight is to be paid on
gross weight landed from Ocean Steamship, unless otherwise
agreed to or herein otherwise provided, or unless the carrier
elects to take the freight on the Bill of Lading weight.
And Finally, in accepting this Bill of Lading, the Shipper,
Owner and Consignee of the goods and the holder of the Billi
of Lading agree to be bound by all of its stipulations, excep-
tions and conditions, whether written or printed, as fully as if
they were all signed by such Shipper, Owner, Consignee or
Holder.
IN WITNESS WHEREOF, the Mastor or Agent of the said
ship hath affirmed to three Bills of Lading, all of this tenor
and date, one of which being accomplished, the others to
stand void.
Dated in Philadelphia, this 3rd day of July, 1894.
INTERNATIONAL NAVIGATION COMPANY,
General Agents.
Per E. M. Tyrrevt.
(The following clause is printed on the face of the bill of
lading):
“It is expressly agreed that the goods shipped hereunder
are absolutely at the risk of the owners in every respect, and
that the carrier is responsible for no loss, delay or damage
thereto however arising, including stowage and all risks of
breakdown or injury however caused, cither to its refrigerator
or its machinery, even though arising from defect existing at
or previous to the commencement of the voyage ; also that in
case of the meat becoming, from any cause in the opinion of
the master of the vessel, putrid, dangerous or offensive to the
5 AOR IIS ETA SM
PO PE Pe
PIR AGES FE AEP EE &
7
passengers or crew, it may be thrown overboard or otherwise
disposed of, without liability to the carrier for consequent loss.”
(On Margin.)
AMERICAN LINE.
PRiILADELPHIA TO LIVERPOOL.
International Navigation Company, Richardson, Spence & Co.
General Agents, Philada. Agents, Liverpool.
Suppers’ MARKS.
‘Freight on 15905 ft 7 in. at 15 per ton 298 4 7
Primage 5 per cent. 14 18 3
313 2 10 stg.
Charges $1531.26
Ex at $4.89
8
DEPOSITIONS.
Martin, Futter & Co. ee Oe ed
v. \ E. D. of Penna.
STEAMSHIP “ SOUTHWARK.” | No.
Testimony taken at the Office of Messrs. Lewis and
Cheyney, No. 430 Walrut Street, July 1, 1895, at 3.30
o'clock P. M.
Present : H. 1. Curyney, Eso., for libellants,
J. Ropman Paut, Eso., for respondent.
Mr. Cheyney offers in evidence copy of Bill of Lading,
issued by the International Navigation Company, of Phila-
delphia, to Martin, Fuller and Co. for quantity of fresh beef,
marked, * Libellants’ Exhibit No. 1, July tst, 1895;” the
execution and delivery of which to the libellants is admitted
by the answer filed by the respondents.
Mr. Cheyney calls upon tlhe counsel for libellants to state
whether or not they admit the shipment of meat by the
steamer ‘Southwark "’ was damaged upon its arrival at
Liverpoo!, as the answer filed states,
‘Upon arrival at the port of Liverpool, respondent
was informed that some of libellants shipment of meat was
found spoiled and damaged. Respondent asks that proof
thereof be made, if material.”
Mr. Paul states that they do not admit that the meat
was damaged. ‘They are informed by libellant and others
that it was damaged, but asks that due proof of this fact be
made.
Copy of bill of lading attached.
pe ONE ES PAT PRS Eee
SBS ALLENS OPT ER
Li
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Sees wade Tees Pe iG,
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ie
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9
Libellants’ Exhibit No. 1.
July 1st, 1895.
RECEIVED, in apparent good order and condition, by the
AmeErIcAN LINE, from Martin, FULLER & Co., to be trans-
ported by the good Steamship *‘ Southwark,”’ now lying in the
port of Philadelphia, and bound for Liverpool, with liberty to
call at Queenstown, a quantity of fresh beef, said to be (961)
tons, Nine hundred and sixty-one (more or less) Shippers
count, being marked and numbered as per margin shippers’
weight (quelity, contents and value unknown) and to be
delivered in like good order and condition at the port of -
Liverpool or so near thereto, as she may safely get) unto
Win. O. Craven, or to his or their assigns. Freight, primage
and charges to be paid in cash without discount on the said
goods on discharge at the rate of Fifteen shillings Stg. for 40
cu. ft. with 5 per cent. primage, and charges as per margin
General Average payable according to York-Antwerp rules
1890.
It is mutually agreed, that the Ship shall have liberty to
sail with or without pilots, that the carrier shall have liberty
to convey goods in lighters to and from the ship at the risk
of the owners of the goods, and in case the ship shall put into
a port of refuge, or be prevented from any cause from pro-
ceeding in the ordinary course of her voyage, to tranship the
goods to their destination by any other steamship ; that the
carrier shall not be liable for loss or damage occasioned by
fire from any cause or wheresoever occurring by barratry of
the master or crew; by robbers, by arrest and restraint of
princes, rulers or people, riots, strikes or stoppage of labor,
by explosion, bursting of boilers, breakage of shafts or any
latent defect in hull, machinery or appurtenances ; by heat-
ing, decay, putrefaction, rust, sweat, change of character
drainage, leakage, breakage, or any loss or damage arising
from the nature of the goods or the insufficiency of packages,
nor for land damages, nor for the obliteration, errors, insuffi-
ciency, or absence of marks, numbers, address or description ;
10
nor for risk of craft, hulk or transhipment, nor for any loss
or damage caused by the prolongation of the voyage, and
that the carrier shall not be concluded as to correctness of
statements herein of weight, quality, contents and value.
It is also mutually agreed, that this shipment is subject
to all the terms and provisions of, and all the exemptions
from liability contained in the Act of Congress of the United
States, approved on the 13th day of February, 1893.
1. It is also mutually agreed that the Carrier shall not
be liable for articles comprised in Section 4281 of the Revised
Statutes of the United States, unless notice of true character
“and value thereof is given and same entered in the Bill of
Lading.
2. Also, that Shippers shall be liable for any loss or
damage to ship or cargo caused by inflammable, explosive or
dangerous goods, shipped without full disclosure of their
nature, whether such shipper be principal or agent; and such
goods may be thrown overboard or destroyed at any time
without compensation.
3. Also, that the Carrier shalk have a lien on the goods
for all freights, primages and charges, and also for all fines or
damages which the ship or cargo may incur or suffer by
reason of the incorrect or insufficient marking, numbering or
addressing of packages or description of their contents.
4. Also, that in case the ship shall be prevented from
reaching her destination by Quarantine the Carrier may dis-
charge the goods into any Depot or Lazaretto, and such dis-
charge shall be deemed a final delivery under this contract,
and all the expenses thereby incurred on the goods shall be
a lien thereon.
5. Also, that the ship may commence discharge imme-
diately on arrival and discharge continuously, the Collector
of the port being hereby authorized to grant a general order
for discharge immediately on arrival, and if the goods be not
taken by the consignee within such time as is provided by the
RAPES Se WHT we Sec AP NETS,
MATE Pe ARE
wight tl kiss Sea a? eich Rh
BCT ROE OS
PRP fs
aeheetore
;
at
¢
If
regulations of the port of discharge, they may be stored
by the Carrier at the expense and risk of their owners.
6. Also, that full weight is payable on damaged or
unsound goods ; but no freight is due on any increase in bulk
or weight caused by the absorption of water during the
voyage.
7. Also, that if on a sale of the goods at destination for
freight and charges, the proceeds fail to cover said freight
and charges, the Carrier shall be entitled to recover the
difference from the Shipper.
8. Also, that in the event of claims for short delivery
when the ship reaches her destination, the price shall be the
market price at the port of destination on the day of the
Ship’s Entry at the Custom House, less all charges saved.
g. Also, that merchandise on wharf awaiting shipment
or delivery be at shipper's risk of loss or damage by fire o
flood, not happening through the fault or negligence of the
owner, master, agent or manager of the vessel.
10. Also, that this Bill of Lading, duly endorsed, be
given up to the Ship’s Consignee in exchange for delivery
order.
11. Also, that the freight prepaid will not be returned,
goods lost or not lost.
12. Also, that parcels for different consignees, collected
or made up in single packages addressed to one consignee,
pay full freight on each parcel.
13. Also, that the Master Porterage of the delivery of
the cargo be done by the consignee of the ship, and the
expenses thereof to be paid by the Receivers of Cargo.
14. Also, that freight payable on weight is to be paid
on gross weight landed from ocean steamship, unless other-
wise agreed to or herein otherwise provided, or unless the
Carrier elects to take the freight on the Bill of Lading weight.
And Finally, in accepting this Bill of Lading, the Ship-
Ope at ae a aS ae aa i aa a
~~
12
per, Owner and Consignee of the goods and the holders of
the Bill of Lading agree to be bound by all of its stipula-
tions, exceptions and conditions, whether written or printed,
as fully as if they were all signed by such Shipper, Owner,
Consignee or Holder.
IN WITNESS WHEREOF, the Master or Agent of the said
ship hath affirmed to Three Bills of Lading, all of this tenor
and date, one of which being accomplished, the others to
stand void.
Dated in Philada. this third day of July, 1894.
INTERNATIONAL NAVIGATION COMPANY,
General Agents.
Per E. M. Tyrre tt.
(The following clause appears on the face of the bill of
lading.)
‘“‘Itis expressly agreed that the goods shipped hereunder
are absolutely at the risk of the Owners in every respect, and
that the Carrier is responsible for no loss, delay or damage
thereto however arising, including stowage and all risks of
breakdown or injury however caused, either to its refrigerator
or its machinery even though arising from defects existing at
or previous to the commencement of the voyage, also, that in
case of the meat becoming from any cause in the opinion of
the master of the vessel, putrid, dangerous or offensive to the
passengers or crew, it may be thrown overboard or otherwise
disposed of, without liability to the carrier for consequent loss.”’
Lodge Colton 13
(On Margin.)
AMERICAN LINE.
PHILADES PHIA TO LIVERPOOL.
International Navigation Company, Richardson, Spence & Co.
General Agents, Philadelphia. Agents, Liverpool.
Shippers Marks.
Tons. Cwt. Qrs. Lbs.
Freight on at Ton, L.
“15905 ft. 7 in. 15 29847
Primage. 5ct. 14 18 3
313 2 10 Stg.
Charges,—
Ex. at $4.89 $1531.26 F.H.
Freight Paid here.
Depositions on behalf of libellants taken at the office of
Lewis & Cheyney, No. 430 Walnut Street, September 18,
1895, at 3.30 P. M.
Present: H. L. Cueyney, Esq., for libellant ;
J. R. Paut, Esq., for respondent.
Mr. Cheyney, in accordance with the notice heretofore
given Messrs. Biddle & Ward, proctors for respondent, calls
upon Mr. Paul to produce a copy of the engineer's log of
the steamer “ Southwark,” for the voyage commencing July
4, 1894.
Lopce Cotton, being duly sworn according to law,
testifies as follows :
By Mr. CHEYNEY:
Q. Captain, what is your occupation ?
A. Surveyor, for the Insurance Company of North
America.
14 Lodge Colton
Q. How long have you been engaged with the Insurance
Company of North America ?
A. Four years ; not quite four years.
Q. What was your occupation prior to that time ?
A, Master mariner.
Q. How long had you followed the sea ?
A, Forty-five years.
Q. How long have you been master mariner ?
A, Since ’61.
Q. In what class of vessels have you been employed,
steam or sail ?
A, Latterly, in steam.
Q. In what trade were you engaged ?
A, Principally in the Cuban and Mexican trade.
Q. What are your duties as surveyor for the Insurance
Company of North America ?
A, When a risk is offered to us, on vessels in this port, if
we have any doubt, I generally go and look at it. Also, to
examine damaged cargoes, that come into port damaged.
Q. Are you familiar with the practice on steamships of
carrying perishable cargoes ?
A. Yes, sir.
Q. How long have such cargoes been carried to your
knowledge ?
(Mr. Paul objects, as irrelevant.)
A, Ever since Ihave been on steamships we have carried
perishable cargoes.
Q. What means are employed in carrying perishable
cargoes to prevent damage ?
What kind of cargoes?
. Well, fresh meats ?
They are carrying them in refrigerators.
. Is that acommon or uncommon method ?
. Quite common method now.
. Is carrying fresh meats a common thing in trade ?
. Yes, sir.
MORO AO A
TRALEHER ER OR HRI RONALD RE IHEE NON AER PUT FAL ITE A ARE My one
ea te eer
Peatesest By siSey
cs
Lodge Colton 15
Q. What lines between here and England, for instance,
are engaged in carrying fresh meats ?
A, The National Line, and I think several boats on the
Cunard Line ; two or three lines out of New York carry it.
Q. What degree of skill or care is necessary to safely
carry cargoes of fresh meat, by the means you have described ?
(Objected to,)
A, Ordinary skill is all that would be required, to see
that the apparatus, doors and everything are properly atten-
ded to, and in good order.
Q. Have you ever carried cargoes of fresh meat yourself
as master mariner ?
A, For our own consumption on board ship, yes.
Q. That was, of course, in small quantities ?
A. Yes,sir. Sufficient to last a large number of persons
twenty or thirty days.
Q. Did you ever have any trouble in carrying cargoes of
that character ?
A. No, sir.
Q. What temperature is it necessary to maintain in the
refrigerating room in order that it may be carried without
damage ?
(Objected to.)
A. About 26.
Q. A copy of the log of the steamer “ Southwark,”
which has been furnished, shows, for the first three days of
the voyage of the steamer, after leaving Philadelphia, the
temperature in the refrigerating room was forty-two degrees,
please state, whether or not, in your opinion, that indicates
that a proper degree of skill was being exercised ?
(Objected to, because it does not appear that the witness
is an expert, in the manner of carrying fresh meat for
commerce.)
A. I should think that something was the matter with
the machine, air hoies or space somewhere.
That is all.
16 Lodge Colton
Cross-EXAMINATION.
By Mr. Pau:
x Q. Captain, how long have they been carrying fresh
meat as a matter of commerce, for export ?
A. I cainot tell you exactly about that. I think this
last eight or nine years, to my knowledge. I, myself, have
carried it since ’65, for consumption on the ship.
x Q. You have never carried it for commerce ?
A. No, sir.
x Q. You have carried it with what sort of refrigerator,
ice ?
A. Ice, principally ; and the ammonia or freezing process
x Q. Have you carried it with the ammonia freezing
process ?
A. Yes, sir.
x@Q. Are you familiar with the refrigerating machine
used on the ‘‘ Southwark ” ?
A, I cannot say that I am.
By Mr. CHEYNEY:
XQ. Do you know what type it is?
A. The Kilburn.
By Mr. PAu:
x Q. You have never examined it ?
A. No, sir. I only took a casual look at it.
x Q. You are not familiar with the actual temperature
which is maintained in these commerce boxes ?
A, Yes, sir; they generally try to keep the temperature
below the freezing point.
XQ. Do you think it is usually kept at twenty-six ?
A. Between twenty-six and thirty.
<Q. As a matter of fact, is this done?
A. Yes, sir, it would spoil if it was not.
x Q. Because it is the usual temperature that is used ?
A. Yes, sir.
xX Q. If it should turn out then, that they use a higher
Te
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MRE LER TLL PEO —
Lodge Colton 17
temperature than that in carrying fresh meat, that would
modify your view?
A. 1 do not think that they are carrying it any higher
than that.
x Q. If they are carrying it at thirty to thirty-two that
would modify your view ?
A. 1 do not think that it can be carricd above that,
above 32. :
%Q. Have you seen the logs or daily statements of
temperature on these vessels ? On ‘* Southwark ” ?
A. No, sir.
<Q. You cannot tell from any knowledge of your own?
A. I can tell of my own personal observation.
x Q. That is of your ship's own refrigerator, not as to
commerce boxes ?
A. I should say, if it applied ts the ship's provisiors,
carried in warm temperatures, in the Gulf Stream, it would
apply to ships going across the Atlantic Ocean.
<Q. If meat is frozen, or chilled to a low temperature
before it is put on board, then it would not need so low a
temperature while on board to carry it, would it?
A, That would depend upon circumstances ; how the
meat was frozen before it went aboard, and the passage on the
vessel. I do not think meat is ever frozen as hard in cars as
it is on ships.
x O. If it is frozen when it is put on board, it is likely
to keep; in a high temperature, it is likely to be kept frozen ?
if meat was carried from a butcher shop on the street and put
in a refrigerator, it would require a somewhat lower tempera-
ture than if it was brought in freezing, provided the freezing
temperature was kept at thirty-two ?
A. If the temperature was at thirty-two, and it would be
kept at thirty-two right along, I do not think that would pre-
serve it all along.
x Q. What makes you think that?
A. My experience is, that at times there may be a little
heat, that would come around. On all steamers there is
SPE REN ATES ONL Ne SCRE ARIS HR
18 Lodge Colton
more or less, and if you only keep it to that height, freezing
point, it will not keep. You must keep it below the freezing
point to make a sure thing of it.
XQ. Provided it is always kept at freezing point, that
would be sufficient ?
A. It ought to be; but it does not leave any margin for
accidents.
X Q. It is merely because it does not give a margin for
accidents ?
A, But you must have a margin for these ammonia
machines.
X Q. You do not mean meat must be kept at 26 degrees
to preserve it, but it should be kept always at freezing point ?
A. It should be kept at 26 to safely carry it.
XQ. You cannot say anything from actual experience
on those vessels transporting meats for commerce ? :
A, [ never made a passage on them. I can tell what I q
have seen, and by the reports from the meat being sold on |
the other side.
(Mr. Paul objects to all this witness's testimony as irrele-
vant.)
That is all.
(Mr. Cheyney calls upon Mr. Paul to state whether or
not he admits any damage was done to the cargo of meat
carried on board the ‘“‘ Southwark ? ”’)
(Mr. Paul is not prepared to say.)
(Mr. Cheyney calls upon Mr. Paul to produce the report
W of this accident made by the chief engineer of the steamer
4)“ Southwark” to Mr. Doran, on July 30, 1894.)
: (Signature waived.)
oeyre PTET .
. - EROS PSS RE ETI 7
RESET FS
CARS
ert t—‘Sé;~™~™~S
19
Deposition of JAMES Aucustus LippincorT, taken at
Liverpool, England, before HaKoLp DinGwaLl BATESON, EsgQ.,
Commissioner under commission issued out of this Court:
Interrogatories.
First —What is your name, age and residence ?
To the first interrogatory he saith that his name is
James Augustus Lippincott ; his age thirteen years ; and _ his
private residence, 48 Durning Road, Liverpool, England.
Second.—What is your business 2? How long have you
been engaged in that business, and at what place? State
whether or not you have had experience in the importation
of fresh meats from America. If you answer that you have,
state fully what experience you have had ?
To the second interrogatory he saith that he is a meat
commission agent and shipping butcher ; that he has been
engaged in that business for between twenty and twenty-one
years, in Liverpool ; that he has had experience in the impor-
tation of fresh meats from America ; and that he has been in
the said trade since November, 1875, in fact, ever since it
started.
Third.—Do you know the firm of Martin, F uller &
Company, of Philadelphia? Do you know William D. Cra-
ven, of London, England? If you answer that you know
either one or both, please state whether, in the month of July,
1894, you had business relations with either of them. If you
answer that you had, state fully what those relations were ?
To the third interrogatory he saith that he knows the
firm of Martin, Fuller & Company, of Philadelphia ; that he
also knows William D. Craven, of London, England ; that in
the month of July, 1894, deponent had business relations
with both Martin, Fuller & Company, and William D. Craven ;
that in the said month of July, 1894, meat was consigned to
the said William D. Craven by Martin, Fuller & Company,
and that deponent received all the said meat in Liverpool on
behalf of the said William D. Craven. and sold a portion of it
on commission.
Fourth.—State whether you have any knowledge of the
shipment of nine hundred and twenty quarters of beef from
OR ee Ss
pps nsc eG OES IIE ay
PRL
¢
e
be
x
20 James Augustus Lippincott
Philadelphia on July 4, 1894, by Martin, Fuller & Com-
pany, consigned to William D. Craven, per steamship ‘‘South-
wark,” arriving at Liverpool about July 14, 1894?
To the fourth interrogatory he saith that he has know-
ledge of the shipment of nine hundred and twenty quarters of
beef from Philadelphia, referred to in this interrogatory.
Fifth.——lIf you answer that you have knowledge of such
shipment, please state whether you saw said meat at the time
of the arrival of said shipment at Liverpool. If you answer
that you did see it, please state the time when you first saw
it; the place ; and describe fully its condition at that time ?
To the fifth interrogatory he saith that he saw the said
meat as soon as the refrigerator was opened after the arrival
of the vessel at Liverpool. Deponent first saw the said meat
on Monday, the 16th of July, 1894, at the steamer’s own
berth, Langton Branch Dock, Liverpool. The meat was in
very bad condition at the time he saw it, and was mouldy
and slimy.
Sixth.—Please state whether you saw said meat there-
after. If you did, please state how many times, and describe
its condition fully ?
To the sixth interrogatory he saith that he saw the said
meat thereafter. He saw the said meat continually until it
was cleared from the refrigerator on the following day. It
was still in bad condition, being mouldy and slimy.
Seventh.—lf you state that said meat or any part thereof
was spoiled or damaged, please state, if within your knowl-
edge, the cause of such damage ?
To the seventh interrogatory he saith that during the
voyage the refrigerating machinery was stopped several times
and deponent attributes to this cause the damage to the said
meat.
Fighth.—Do you know what disposition was made of
said shipment of nine hundred and twenty quarters of beef?
If you answer that any part of it was sold in Liverpool, state
Dod
Ph 5S SET INV RRA OY SATIN NEES — mane
ein
James Augustus Lippincott 21
why it was sold ; by whom ; what price was realized for it and
when it was sold ?
To the cighth interrogatory he saith that he knows of
the disposition of the said shipment. III fores or quarters
were sold by deponent in Liverpool, on the 17th of July,
1894, and the balance of 809 quarters was sent by him to
the seid William D. Craven, at London. 250 quarters were
sent to him on the 16th of July, 1894, and 559 quarters on
the 17th of July, 1894. The said 111 quarters were all that
deponent was able to sell in Liverpool. The price realized by
the sale of the said 111 quarters was three halfpence per
pound.
Ninth.—Was all of said shipment of nine hundred and
twenty quarters of beef sold at Liverpool? If you answer
“ No,” please state what disposition was made of that part of
the shipment which was not sold there ?
To the ninth interrogatory he saith that he refers to his
answer to the eighth interrogatory.
Tenth—Do you know or can you set forth any other
matter or thing which may be of benefit or advantage to the
parties at issue in this case, or either of them, or that may be
material to the subject of this, your examination, or the mat-
ters in question in this cause? If yes, set forth the same
fully and at large in your answer ?
To the tenth interrogatory he saith that he does not
know of any other matter or thing which may be of benefit
or advantage to the parties at issue in this case, or either of
them.
Cross Interrogatories.
First.—If in answer to the fifth interrogatory you state
that you saw the meat at the time of the arrival of the said
shipment at Liverpool, please state further whether you saw
it all or only certain portions thereof ; if only certain portions,
how much thereof?
RELL LE RE Oe ity
James Augustus Lippincott
To the first cross interrogatory he s2ith that he saw all
the said meat at the time stated.
Second.—If in answer to the sixth interrogatory you say
you saw the meat thereafter, please state when and where
you thus saw it, and how much thereof you saw, whether in
whole or in part ?
To the second cross interrogatory he saith that he refers
to his answer to the sixth direct interrogatory, and further
states that he saw the whole of the said meat.
Third.—I\f in answer to the seventh interrogatory you
say the meat or any part thereof was spoiled or damaged,
please state exactly to what extent it was damaged, and
whether all was equa!ly damaged or one part more than another.
To the third cross interrogatory he saith that the said
shipment was ali more or less in the same bad condition.
The ttt quarters sold in Liverpool were in better condition
than the balance sent to London.
Fourth.—If you attempt to state the cause of such dam-
age, please stite fully your reasons based solely upon your
own knowledge and not upon hearsay for your answer. State
how you can know the cause of the damage except by infor-
mation of others ?
To the fourth cross interrogatory he saith that the chief
engineer of the ‘‘ Southwark” informed the deponent on the
16th of July, 1894, that during the voyage to Liverpool the
refrigerating machinery had stopped several times, and it is
within the knowledge of the deponent himself that it was not
working during part of the 17th of July, 1894.
Fifth.—lf in answer to the cighth and ninth interroga-
tories you answer that the meat or any part thereof was sold,
state whether there was any contract of sale or documents or
invoice showing the amount realized, and annex such docu-
ments or any others showing the price received.
To the fifth cross interrogatory he saith that there was
no written contract for the sale of the said 111 quarters by
him. The deponent annexes a,copy of the invoice (marked
tele SLOT OM CSREES —
; PRS
fe eee
é3
James Augustus Lippincott 23
“J, A. L.”) for the said meat sold by him, showing the price
realized by such sale.
Sixth—In stating the disposition made of the meat not
sold, please say whether there are any papers OF documents
showing this disposition, and if so, annex the same, or copies
thereof, hereto?
To the sixth cross interrogatory he saith that the balance
of the said meat not disposed of was, as already stated, sent
to William D. Craven, to London, and deponent had no
documents relating to such balance.
Seventh.—W here was the said meat stored after its
arrival in Liverpool and up to the time of its sale or other
disposition thereof? What was the temperature of the atmo-
sphere during that time, and was the meat kept chilled by ice
or otherwise ?
To the seventh cross interrogatory he saith that none of
of the said meat was stored in Liverpool—that which was
sold, was sold ex-steamer, and as already stated the balance
not sold, was sent to William D. Craven on the 16th and 17th
July 1894. The deponent does not know the temperature of
the atmosphere at that time.
Fig hth.—lts there a market for meat slightly tainted, and
if so, how much is paid for.such meat?
To the eighth cross interrogatory he saith that there is
no special market in Liverpool for meat tainted or in bad con-
condition. We get the best price possible if the meat be out
of condition.
Ninth.—If meat is shipped in very hot weather without
being properly chilled before shipment may not such damage
as you have described have occured from tainting of the meat
before shipment.
To the ninth cross interrogatory he saith that if meat
were shipped in the condition suggested in this cross-interro-
gatory, he would expect it to be absolutely rotton on arrival
at Liverpool.
ee : PHATE HS SOS ARTA OY SEER
PERI LORMTT
24 Hugo B. Roelker
Testimony taken on behalf of libellants at No. 123 Lib-
erty street, New York City, May 10, 1898, at 12 o'clock.
Present : Horace L Cueyney, Esq, for libellants ;
J. Ropman Paut, Esq., for claimants.
It is agreed that the testimony shall be taken stenographi-
cally, signatures waived.
Huco B. RoELKER, being duly examined as a witness for
the libellants, testifies :
By Mr. Cueyney:
Q. Where do you live?
A. New York City.
Q. What is your business ?
A. A mechanical engineer.
Q. Have you had any experience with refrigerating
machinery ?
A. Yes; I have been engaged in the manufacture of
refrigerating machinery and the care of them as an engineer
for fully twenty years.
Q. Will you state whether during that time you have
been connected with any companies manufacturing refrigera-
ting machinery ?
A. I was for a good many years the superintendent of
the Delamater Iron Works in New York, where we built
refrigerating machinery of various types. I have also been ¢
in the business of expert of refrigerating machinery since I
went into business for myself.
Q. How long ago was that ?
A. Nine years ago. I am also a manufacturer of refrig-
erating machinery for vessels of a different type of air refrig-
erating machines, used for smaller sized ship's machines.
Q. Are you familiar with the refrigerating machinery
which is in use in the transatlantic vessels engaged in carrying
meat ?
A. Tam.
QY. What is the type of machinery which is generally
used? I mean the process.
A, They are compression ammonia machines.
Hugo B. Roelker 25
Q. On the 4th of July, 1894, the steamship ‘‘ South-
wark”’ loaded a shipment of 920 quarters of beef, shipped by
parties in Philadelphia, consigned to Liverpool. The refrig-
erating machinery was working from 24 to 48 hours prior
to the time of the departure of the vessel from her dock. At
the time the vessel sailed, the temperature in the commercial
room in which the beef was stored was from 38 to 42 degrees,
the ship’s log showing it to have been the latter figure.
Shortly after leaving the dock, within an hour or two, there
was an accident to the refrigerating machinery, which has
been described by the chief engineer as follows :
“ The bonnet on the top of the condenser for the refrig-
erating machine for the commercial box started to leak badly
before we got to Reedy Island, and, with the heat of the
room and the smell of ammonia, it was a difficult matter to
get it shut off and the condenser pumped out. As soon as I
got it shut off, ] put the ship’s machine on the commercial
box. After getting the new joint made on the 5th, and
shortly after starting the machine, the after compression pump
gave a heavy knock. I exhausted the pump and opened it
out, and found both connecting rod bolts broken, connecting
rod bent, and compression piston cracked. I then discon-
nected the engines and worked with a single engine and kept
the two boxes going. On the 6th, after connecting the
engine, I found the crank shaft was bent, and it was very
difficult to straighten it. On the 8th I had it connected, and
it has worked fairly well since. The temperature of the box
was 42° when we left Philadelphia, and I was unable to get it
below that until the 7th. Since then the temperature has
gradually decreased to 32°.”
Assuming that the temperature of the inflowing water
used in the condenser was 73°, I wish you would state
whether, in your opinion, the accident which is described in
the report of the engineer, could or could not have been
caused by the temperature of the water being, as it was, at
73°?
(Objected to as not covering fully the facts.)
26 Hugo B. Roelker
A. A temperature of 73° of coolng water is a very fre-
quent and entirely usual one, and every refrigerating machine is
built to work in a first class manner with that temperature of
cooling, water and it should not cause any accident of any
kind, or even bad work in the machine.
Q. You state that the temperature of 73° is a usual one.
Do you know the temperature of water which is used in the
various refrigerating machinery or not?
A. I have frequently observed the temperature of water
used in the refrigerating machines, both on land and atsea. I
have seen on land refrigerating machines working with tem-
peratures of about 120° ; while it made unusually high press-
ures, the machines worked well under it, with a greater
consumption of steam than they would have done with cold
water. In ship’s machines, it is very frequent that they have
to work with temperatures of water of 80° and more.
Q. You say that is frequent ?
A. Yes,
A. Do you know the ordinary temperature of the Gulf
Stream in summer weather?
(Objected to unless the witness has himself tested it.)
A. It frequently runs to 80° and more.
Q. Are you familiar with the temperatures in any other
waters where refrigerating machines are used ?
A, In the Gulf of Mexico the water often rises to 85° ;
in the Red Sea it goes as high as 90° ; and the refrigerating
machines are used on vessels passing through it.
A. Are you familiar or not with the transportation of
fresh meats by means of artificially cooled rooms upon
vessels ?
A. Iam.
Q. What is the usual time during which the refrigerating
machinery is at work cooling off the cold rooms before the
vessel leaves her deck or before the meat is placed in the
room ?
A. About two days or more, if one has time.
Q. Why is such a length of time as two days necessary ?
13
27 Hugo B. Roelker
A. It takes a considerable amount of cold to cool the
brine which in turn cools the refrigerator rooms. It also
takes a considerable amount of cold to cool down the walls
and ceilings and floors of the refrigerator rooms and all the
apparatus in those ; and it is necessary to do this work
beforehand, in order to have cold stored up before putting the
meat into it, because a rise of temperature always takes place
when meat is put into the storage rooms ; and it would be too
much work for the ice machine to cool down the meat and
the warm air which has come in, and the walls of the rooms
at the same time, at the starting of the vessel.
Q. Suppose the temperature of the brine flowing into the
cold room at the time of the sailing of the vessel was 40°,
please state whether or not in your opinion the temperature
of the brine was as low as it should have been, or whether it
was a proper temperature ?
A. It was a very improper temperature ; the temperature
should have been down to about 15°.
Q. What does that temperature indicate, so far as the
working of the machine is concerned, if anything ?
A. That the machine had produced very little cold, if it
has worked from 24 to 48 hours on the brine, as was stated
before.
Q. Was it producing as much effect as it should have
produced if it had been working from 24 to 48 hours?
A. I should judge from this temperature that it had
worked at a good deal less than half of its proper capacity.
Q. Assuming that the pressure on the refrigerator gauge
at the same time was 40 ths ; does that or not indicate a proper
pressure ? :
A. That pressure confirms the temperature of the brine
which was just mentioned. It also shows that the ice machine
was worked hard at the time when this pressure was regis-
tered ; but it might not have worked effectively.
Q. If the pressure on the condenser gauge at this time
was 210 Ibs., please state whether or not, if the temperature of
ees
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28 Hugo B. Roelker
the cold water was 73° the pressure should have been that
much, or less, or more ?
A, A temperature of 73° with a machine working under
normal conditions would generally give a compression pres-
sure of not more than 175 or 185 ths. ; and a pressure of 210
Ibs, indicates that some wrong condition existed in the machine.
Q. What condition could cause the increased pressure ?
A. There might have been too little cooling water, or
the condenser might have been dirty, which would make the
condenser act badly ; there might have been non-condensable
gas in the machine.
Q. Is the presence of dirt in the condenser something
which must be looked for, or is it an uncommon occurrence ?
A, It is a usual occurrence for dirt to enter the conden-
ser, and one has to clean it regul
good condition.
Q. Where does that dirt come from which
usually found in the condenser ?
A. It comes in with the cooling water.
come in at sea, but it is very
river before starting, whe
with the water.
arly in order to keep it in
you say is
It is not apt to
apt to come in working in a
re the mud of the river is flowing in
Q. You have spoken about the presence of certain gases
which also might have caused this ; is that a common or
uncommon occurrence ?
A. It is a common occurrence.
to some extent into gases
machine disassociate
Ammonia disassociates
; also the oil which gets into the
S to some extent into non-condensable
gases, and these have to be blown off at times.
Q. Are these machines supplied with proper facilities
for blowing off these gases, or not ?
A. They are.
Q. Are these troubles which are known to every en-
gineer who is operating these machines—the presence of dirt,
etc, ?
A. They are.
Hugo B. Roelker
Q. They are easily remedied if proper attention is given
to the machine?
A. They are.
Q. How is the dirt which you have spoken of in the
condensers removed ?
A. The openings are provided, through which it can be
washed off, by a hose or similar means.
Cross EXAMINATION.
By Mr. Pau:
x Q. You state that you are familiar with the trans-
atlantic refrigerator plants. What different types are there,
or are they all precisely the same?
A. At present I am pretty certain there are no others but
ammonia compression machines and carbonic acid compres-
sion machines; and there may be a few Bell, Coleman &
Haslan machines left in the service between here and Europe,
but I have not seen any fora number of years around New
York.
XQ. How do the last-named machines work? What
is the principle ?
A. They work through the compression and expansion
of air.
x Q. Have you ever constructed yourself any of these
transatlantic plants, or been concerned in their construction ?
A, I have not.
XQ. Do you know what is called the Kilbourn refriger-
ator machine ?
A. I have seen them repeatedly.
x Q. Have you ever installed or examined one by tak-
ing it apart or otherwise going into it?
A. I have seen them together and I have seen them
partly disconnected,
XQ. I think you said the refrigerating machines that
you yourself have been connected with in business directly
are not the steamship machines, but those for land; was that
correct ?
me
“ea aK
30 Hugo B. Roelker
A. The chemical machines which I have built were not
used on ships, but on land. I have built a good many air
machines which are used for refrigerating ships’ meat boxes,
but I have not built them as large as those they have for trans-
portation of meat on a large scale.
x Q. Are the Kilbourn machines considered a good or
proper type of refrigerating machines ?
A, They are.
x Q. Do you know the difference between the horizon-
tal and the vertical machines of the Kilbourn type ?
A, I have seen them both.
Q. Do you know which is the better machine, or have
you any opinion on that subject ?
; A. I am not able to say whether Mr. Kilbourn has built
his horizontal machines in the best manner, or his vertical
machines. Either can work equally good.
XQ. In the working of these machines, the cooling
water, the circulating water, which reduces the temperature
of the ammonia in the condenser, regulates the working of the
whole machine, does it not? That is, accordingly as the
temperature is higher or lower, the machine must work with
more rapidity and power, or less; it requires more or less
work ?
A. It does.
x Q. And if there should be any weakness or difficulty
in the machine, it would be more likely to manifest itselt
when the water was at a high temperature than at a low?
A, It would.
x Q. And if there is to be a breakdown in the refriger-
ating machinery, you would be more apt to expect it when
the temperature of the water and air were high than when
they were low?
A, I would,
XQ. The cleaning of the condenser which you have
spoken requires the stopping of the machine, does it not ?
A, It does,
Epc? “AERO aa
~~ a
—- —— ee —
Hugo B. Roelker 31
<Q. How long does it take to effectually clean a con-
denser?
A. Good machines are arranged so that it can be done in
a couple of hours, or something similar to that.
x @Q@. Are you familiar with the number of times that the
ordinary machine of this sort on ships is required to be cleaned
at this port?
4 It depends entirely upon circumstances ; if a vessel
lies in a bad place, it will gather mud sometimes in one day’s
work ; in the open Atlantic it wouldn't gather any mud in two
weeks’ time, probably not two months’ time.
XQ. But do you know as a matter of fact how often
these condensers are usually cleaned on ocean liners from
this port?
A. As I said, it depends entirely upon the place where
the ship has been lying ; if she lies in a cle?n place, there is
little need of cleaning the condenser ; if she lies in a dirty
place, the condenser will have to be cleared as it may require
it.
xQ. There isn’t a great difference in the character o
the water in which the various steamers of this port lie ; they
are all together, are they not, or in very close proximity, the
transatlantic steamers ?
A. Around New York most of them do not require very
frequent cleaning.
%Q. You can’t speak of the conditions in Philadelphia,
can you?
A. Thave seen the water very muddy around the shores
in Philadelphia, but I am not especially familiar with the
location at which this vessel was lying before starting.
XQ. What is the ordinary difference in these refriger-
ators between the temperature of the brine and the tempera-
ture of the meat box ?
A. It varies very much according to the special con-
dition. During the trip the brine is generally 10 to 15 de-
grees colder than the meat box. In the beginning of cooling
down, not so much difference of temperature would exist.
Oh ce BES TS 2 ar Les ¥
ne a
32 Hugo B. Roelker
XQ. And if anything was wrong with the machine so
that it could not work, the tendency would be to bring the
temperature of the brine and the preceding temperature of
the meat box more and more into accord, would it not ?
A, It would.
XQ. So that if we see a very close approximation of the
temperature of the brine to the temperature of the meat box,
it would seem to indicate that the machine had for some
reason not been kept working, would it not ?
A, It would.
Q. You have been asked with reference to the proper
temperature at sailing. The stopping of the machine even
for a few hours, would cause the brine to greatly increase, I
suppose, in temperature ?
A, It would.
x Q. And it would make a great difference therefore in
taking your temperature, whether you took it before such a
stoppage and breakdown, or took it afterwards ?
A. It would ; if the stoppage was of some length of time
XQ. Do you happen to know how these refrigerator
logs on the ocean steamships are kept so as to get the figure
given for a particular day; whether it be an average or one
particular part of a day, or what?
A, It is usual to give the average during the watch, or
even the average during every hour of the day.
XQ. When you have the figure for a certain day, with-
out reference to watches or hours, what would that indicate ;
the average for the day probably ?
A, It ought to indicate the average of the day.
x Q. 73° is what you would call a warm temperature,
is it not?
A. Not for a summer temperature.
x Q. Would you call it a usual midsummer tempera-
ture—we are not speaking now of the Gulf Stream, but of
the coast waters here ?
A, It is a usual and not an unusually high summer tem-
Hugo B. Roelker 33
perature in the river and immediately around the coast ; it is
a few degrees higher than usual in the mid-Atlantic.
x Q. Considerably higher than it is on the coast of New
England, I suppose where you get the Arctic current ?
A. It is not an unusual temperature around Coney Island.
x Q. In your experience of these refrigerating machines
you have known them to break down ?
A. I have.
X Q. It is not an unusual experience ?
A, Itis not.
x Q. And you have known them to break down without
any visible or evident reason for doing so, have you not?
A. I have.
x Q. And you have known them to break down even
when all proper attention to cleaning and to blowing off gas
such as you have mentioned as been attended to?
A. I have.
<Q. There are various latent defects in all machinery
which cannot be counted upon or foreseen ?
A, There are.
x Q. As you have stated that the working of these
machines is more laborious, more is expected of them, with
the warm temperature of the water, than with the cold, such
a breakdown might be more to be expected under those con-
ditions than under the cold conditions ?
A, Such possibilities exist.
x Q. Did you speak of 15° as a proper temperature for
the brine before or after the meat was put in?
A. Before the meat is put in, and not a long time after
the meat is put in ; because the temperature of the brine does
not change so very quickly if the walls and ceilings and floor
of the room have been properly cooled before putting the
meat in.
x Q. The meat, as you have stated, brings up the tem-
perature a certain amount, from its own heat?
A. It brings up the temperature of the air in the room.
x Q. You have said that the ordinary difference when at
34 Hugo B. Roelker
sea between the temperature of the brine and the temperature
of the room is something like 15° or thereabouts ?
A. About that.
X Q. So that the ordinary and proper temperature of the
meat room itself would be from 30 to 32 or 33° about?
A, About that.
Re-Direcr EXAMINATION.
By Mr. Cueyney:
the Croton water?
A. It varies from 70 to 78°.
RDQ. Upon the question of brine, what is the character
of brine for holding or retaining cold ; does it held it, or does
it give it off readily ?
A, A brine holds a large quantity of cold and it takes
quite some time to expend this cold out of it.
RDQ. It is employed in refrigerating for that reason, is
it not, because it does retain the cold ?
A, It is.
RDQ. What is the proper temperature, if you know, of
the meat room before any meat is placed in it ?
A, It is usual to chill the room down to 25 and 20° in
order to have a large amount of cold stored up in the brine
and in the walls and ceilings and floor of the room, and in
this way to help the labor which is thrown upon the machine
when the meat is put in.
RDQ. In other words, if the room is not properly chilled
before the meat is placed in it, the refrigerating machinery
has not only the work of chilling the meat and keeping the
meat cold, but also of cooling the room; is that what I under-
stand you to say?
A. That is it.
RDQ. During what period of the voyage is the greatest
work imposed upon refrigerating machinery ?
A. Immediately after the meat is put into the room.
RDQ. Why is that?
RDQ. Do you know the average summer temperature of
=
:
ae
Augus: J. Rossi 35
A. Because it is necessary to open the room while the
meat is placed in the room, and this warms it up. Also the
meat is generally not, when it is put into the room, of the
temperature at which one wants to keep it, that is, at a tem-
perature of 30 or 32°, but ata somewhat higher tempera-
ture, and it takes considerable work to bring the meat down
to the lower temperature.
RDQ. That extends over a period of how many days, on
an average?
A. A day or two.
Re-Cross EXAMINATION.
By Mr. Pauc:
Rx Q. Isn't 19° frequently the temperature of the brine ?
A. Itisalso quite frequently the temperature of the brine.
RQ. The 15° that you give would be rather the lowest
limit, would it not?
A, No. Often 12° is employed.
Rx OQ. But 19° would not be unusual ?
A. 19° would not be unusual.
Aveust J. Rossi, being duly sworn and examined as a
witness for the libellants, testifies :
By Mr. CHEYNEY :
Q. Do you live in New York City?
A, Yes.
Q. Your business is what?
A. Consulting civil and mining engineer.
Q. Are you familiar with refrigerating machines ?
A. Vhave been concerned exclusively with ice refrigera-
tion from 1877 down to 1889, and I am the inventor of some
ice machines of which C. H. Delavergne & Co. have been
36 August J. Rossi
the licensees for all that time ; the patent is dated from 1880,
and another one is from 1886.
Q. You have given your attention to ice refrigerating
machinery for a number of years past ?
A, TL have; Lhave put up machines of different sizes
from 50 tons down to 6 tons in different parts of the United
States, and I was chief engineer of that company which was
formed under my patent for that time.
Q. Are you familiar with the transportation of meat by
means of cold storage rooms upon transatlantic vessels ?
aA. I have made a special study of that very subject and
have written a number of articles which have been quoted by
scientific papers on the subject, giving all the European prac-
tice in Germany, France and England on the subject—articles
which have appeared in different papers which I could quote
to you.
Q. On the Fourth of July, 1894, the steamship ‘‘ South-
wark” loaded a shipment of 920 quarters of beef, shipped by ‘
parties in Philadelphia, consigned to Liverpool. The _ refrig-
erating machinery was working from 24 to 48 hours prior to
the time of the departure of the vessel from her dock. At
the time the vessel sailed the temperature in the commercial
room in which the beef was stored was from 38 to 42°, the
ship’s log showing it to have been the latter figure. Shortly
after leaving the dock, within an hour or two, there was an
accident to the refrigerating machinery, which has been des-
cribed by the chief engineer as follows :
“ The bonnet on top of the condenser for the refrigerating
machine for the commercial box started to leak badly before
we got to Reedy Island, and with the heat of the room and the
smell of ammonia, it was a difficult matter to get it shut off
and the condenser pumped out. As sooa as I got it shut off I
put the ship’s machine on the commercial box. After getting
the new joint made on the 5th, and shortly after starting the
machine, the after compression pump gave a heavy knock.
I exhausted the pump and opened it out, and found both con-
necting rod bolts broken, connecting rod bent, and compres-
PEELE ———
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August J. Rossi 37
sion piston cracked. I then disconnected the engines and .
worked with a single engine and kept the two boxes going.
On the 6th, after connecting the engine, I found the crank
shaft was bent, and it was very difficult to straighten it. On
the 8th I had it connected, and it has worked fairly well
since. The temperature of the box was 42° when we left
Philadelphia, and I was unable to get it below that until the
7th. Since then the temperature has gradually decreased to
.
Assuming that the temperature of the inflowing water
used in the condenser was 73°, I wish you would state
whether in your opinion the accident which is described in
the report of the engineer could or could not have been
caused by the temperature of the water being, as it was, at 73°?
(Objected to as not covering fully the facts.)
A. Inno way atall. A temperature of 73 or even Ii
is the regular temperature which I have observed many and
many a time during such months as June, July and August in
New York, using simply the water from the Croton or even the
water from the river. J had an ammonia machine at the
Delavergne’s lately for certain experiments, in which the
temperature of the water as it was furnished to me was 76°,
and I have run a machine with go and 95° Fah. in Texas ;
and we have machines on board some of the steamers going
to Rio Janeiro. Ihave a log from the “Allianca” that the
temperature in the machine was 80 or 82, and 83 and even
85° of water. We had a machine in Calcutta with a temper-
ature as high as 100° Fah., and have been running there.
Of course, I don’t take that as the temperature of water, but I
mean to say generally in the ice machine business it is a practice
to calculate that your temperature of water, unless otherwise
specified, will be in the neighborhood of 70 to 75°, and your
machine is regulated on that, with a possibility of overcoming
any other temperature within 20°, above which you might
meet in different parts of the world where the machine may
be put up.
eke k
Pe
38 August J. Rossi
Q. What is the class of machine which is used generally
in the transatlantic meat trade ?
A. They have been using air machines, using ammonia
machines, carbonic acid machines.
Q. What is the usual one?
A. The ammonia machine is very largely used.
Q. And the rooms are cooled by what means ?
A. Most generally by circulation of brine. On land
they use direct expansion of the ammonia in the pipe, but on
ships they mostly exclude this.
Q. Why is brine used on shipboard ?
A. Used on shipboard more especially for this reason :
There is quite a difference of opinion among technical people
about the advantage of one system over the other, but the
advantage of brine for a vessel is this, that as you have to
prepare your brine and bring it to a very low temperature
before you put the contents of the room in the room itself,
the brine being brought down to a very low temperature, acts
as a sort of figurative fly-whecl, furnishing cold when any
accident may happen to the machine, and thus allowing a
certain lapse of time, say even twelve hours, for making
repairs, without endangering the contents of the room. And
that is the reason why, even in cold storage, it has been very
frequently used, although it requires a preparation of twenty-
four to forty-eight hours in bringing down the brine to a cer-
tain low temperature, in order to make it fit to take care of
the room and its contents at a certain temperature.
Q. Assuming that the temperature of the brine which is
flowing from the refrigerating into the meat room on the day
the vessel sailed was 40°, please state whether or not, in
your opinion, that was a proper temperature for the brine to
have been ?
A, For the inflowing brine? Not at all. The practice
is to have a temperature of 20° in the inflowing brine and 25
to 26° coming back to the refrigerator to be cooled again ;
and that corresponds to the temperature of the room of about
34 to 35°; the room always being calculated in capacity
SIG PERLE GOL LL LLL LL IE NEEDLES LE EL POI Rar
August J. Rossi 39
with a given amount of brine and given capacity of machinery
for refrigeration.
Q. What does that temperature of 40° in the brine
indicate, if anything, so far as the working of the machine is
concerned ?
A. If you could give me the pressure in the ammenia
corresponding to that I could tell.
Q. I simply want to know what that indicates : whether
the machine is working properly or not?
A. Forty degrees in the brine in any case the tempera-
ture of the liquid coming into the room in order to cool the
contents of the box was considerably too high, since when you
want to cool anything, meat or any substance whatever it may
be, the temperature must be so low inthe room as to admit
an exchange of temperature between the object that you put
in the box and the air of the room.
QO. So far as the working of the refrigerating machine
itself is concerned, what docs the high temperature of the
incoming brine indicate ?
A. It shows that the machine was not working in proper
order in order to take care of the meat room ; that is to say,
that you could not expect, with such a temperature of the
brine, to keep the room and the contents of the room in gen-
eral at the proper temperature. It was considerably too high.
Q. And you say it indicates the machine was not work-
ing properly ?
A. Of course it may come either from the room not
having been prepared properly in order to receive the con-
tents—that is to say, the room wasn't cooled at all before the
contents were put in, or, if it had been cooled properly, that
the machine was not working at all in proper shape ; and this
may be duc to several causes, which an examination of the
temperature and pressure corresponding may indicate to a
technical man.
Q. How long should the refrigerating machine be work-
ing upon the meat box before taking in any meat in order to
reduce it to the proper temperature ?
40 August J. Rossi
A. My practice is always 48 hours whenever I have to
do it; and the admitted practice is not less than 24 hours,
especially if the machine has not been running before. Sup-
posing the machine had been running previously, then it
simply would have been discharged of the contents of meat ;
then all the wall and partitions and pipe are in a low temper-
ature. If in such a room you were going to introduce meats
24 hours would be sufficient in order to bring the air and con-
tents and installation and wall to the desirable temperature.
But if the machine was a new box to be used to put meat in,
48 hours would not be any too much to bring the tempera-
ture of the room to 25 or 26°, which would be a proper tem-
perature in order to introduce meat in it.
Q. The temperature of the room, as I understand it,
before the meat is introduced, should be lower than that
which is necessary to maintain afterwards in order to take
care of the meat ?
A. About 10° lower.
Q. Why ?
A. Because when the meat is brought into a refrigerator
like that, of course the refrigerator is opened ; and in order to
handle the meat and by all the work necessary to put the meat
in the proper places in the different shelves and hooks, neces-
sarily the room gets not by the influx of air from the outside.
In consequence of that, if the temperature is already at the
very margin which would be safe for meat, say 34 or 35°
the introduction of that warm air is going to warm not only
the room, but the meat introduced, and bring the temperature
to a temperature which might be detrimental. But if the
room were at a low temperature, 25 or 26°, it might rise 10,
or 15, or 20° while the meat is put in, and immediately, as
soon as the door is closed, the machine, taking all the con-
tents of the box, will bring it down rapidly within a few hours
to a temperature at which there is no danger possible for con-
tamination of the meat by different accidents.
Q. Suppose after this meat was loaded, at the time the
vessel left the dock, when the temperature of the incoming
’
:
q
i
August J. Rossi 41
° the pressure on the refrigerator gauge Was 40
brine was 40
far as the working of the
pounds, what would that indicate, so
machine generally is concerned, if anything ?
(Objected to, as it does not appear that the temperatures
mentioned were taken at the time the meat was put into the
refrigerator.)
A. Those two figures don’t tally together. At a 40
pound pressure there should have been a temperature corre-
sponding of 27 oF 28 © Fah. in the brine.
QO. What does that indicate then?
A. That indicates, according to me, if I had to examine
the thing carefully—but just being asked this way, with my
experience I should say it showed that the machine lacked
mmonia was deficient in the plant, and that
consequently when the gas ammonia worked in the condenser
it didn’t free enough liquid by condensotion in the bottom of
the condenser to prevent the return of the gases from the
condenser to the refrigerator, and consequently a part of the
pressure of the condenser went in the refrigerator, increasing
he figure which natur-
ammonia, that a
the pressure in the refrigerator above t
ally would correspond to the temperature. That is to say, I
should say from my own experience, if I had observed what
you had given to me, I would certainly add ammonia in the
plant.
Q. You think that shows a deficency in amount of
ammonia ?
A. Yes; or it can come from an undue heat during the
compression in the gas pump, which may be due to the fact
of the friction of the piston in the cylinder, to the bad working
of a valve, to the state in which was the condensor tube—it
might have been dirty from the preceding voyage, or what-
ever it might be; or from some other cause. And even if
the machine had been idle for some time, the production of
gases by the decomposition of ammonia, such as hydrogen
and nitrogen, necessarily when they would be taken up by the’
piston, and not being condensible in the liquid state would
42 August J. Rossi
form in the condenser, a pressure above that which ammonia
would have shown.
G. Suppose at the time the vessel left the dock, while
the temperature of the condensing water was 73° the pressure
on the condensor gauge was 210 Ibs., please state whether or
not that pressure was greater or less than it shouldhave been,
or the proper mount?
A. 210 lbs. for 73° was absolutely abnormal. At that
temperature 140 Ibs would be the theoretical pressure of
ammonia, but I wou'd say that the temperature given here— i
to be fair and state it as it should be in a case like this—this
temperature of 72” inlet water may correspond to a little above,
but allowing 10°, which is an immense allowance in such a
case, it would dispose of a limited amount of condensing
water, which you have only to pump in the condcenser—
allowing that the temperature of the outflowing water of the
condenser should be 82", the pressure of 155 Ibs. would have
been all that you should have had on the condenser, and not
210.
Q. What would be the cause of the undue pressure on
the condenser ?
A. It may come either from the gas in the condenser
due to the decomposition of ammonia, which should have
been blown out by special apparatus.
Q. In other words, it was due to the same cause that led
to the increased pressure on the refrigerator gauge ?
A. To the same cause that led to the increased pressure
on the refrigerator gauge, and the fact that the con-
densation of heat from the inside to the outside of
the condenser was not proper, on account of — the
dirt getting into the tube of the condenser, even oil—I have
had such a thing as that happen to me; that is not a long
work, a couple of hours will do it. Clean the tube with some
soda and a brush in order to relieve the tube from the coating
of dirt or oily substance which may be carried with the water.
VY. Is it necessary to frequently clean the tubes or not?
A, Whenever a machine runs—of course, it depends on
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August J. Rossi 43
the attention which the engineer gives to the state of his
machine. :
Q. Does the working of the machine indicate whether it
requires it or not ?
A. Yes; certainly. I had a case like that. The pressure
ran up immediately 50 lbs. above what it should have been.
My attention was called to it, and I looked for the trouble
first in the pump. Found the pump working all right. I took
off the valve, examined the valve. It only took a half an
hour or so. 1 found the pump in proper order. I looked at
the condenser, and in putting my finger in the tube I found
the tube coated with grease ; and then, of course, in that case
I simply took a pound or two of lye and emptied the con-
denser from the water, poured it through the tube and started
the machinery. It took me about an hour or an hour and a
half to get rid of it. And being warned in my practice when-
ever I notice any undue pressure, and after having satisfied
myself itewas not caused by an imperfect working of the
valve—which is a very important thing too—I always look at
the state of the condenser tube. The importance of the state
of the valve is this: that a machine may have a full capacity
to produce a certain amount of cold, it may be in all respects in
good order, and still, on account of a valve failing to work,
for instance on account of some dirt, or some particles of
packing having got into the piston, not coming to its scat, the
machine may not do 40% of its work; and even if the com-
presser, valve does not happen to discharge the gas in the
condenser, you may knock your piston to pieces.
Cross EXAMINATION.
By Mr. Pauc:
XQ. All that has occurred here might come from that ?
A. From an engineer not being careful about his machine,
not knowing anything about an ice machine, which is fre-
quently the case, and not having put up the machine in
proper order before starting. They may come from that,
——
4 PEER ESSARY REE a:
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44 August J. Rossi
and some of the accidents mentioned, according to me, come
from an absolute carelessness.
XQ. And sume of them might come, notwithstanding
the utmost care ?
A. No; because as soon as you notice that by your
increase of pressure you should attend to your machine.
XQ. The higher the temperature of the circulating
water the more work is pnt upon the machine?
A. Certainly.
XQ. And when a break occurs, it is more likely, other
things being equal, to occur when the temperature of the
water is high than when it is low ?
A. Not necessarily; because those ice machines are
tested at 400 pounds pressure through the whole system.
x Q. That, however, merely shows that they ought to
stand this high temperature without injury. But if they work
harder with the higher temperature there is more chance of
breakage then than when they work less hard ?
A, That is so, if the pressure rises gradually it would
be so ; but the pressure should not.
XQ. There are defects in all machinery that cannot
always be foreseen beforehand, are there not ?
A. Yes ; certainly.
<Q. And there is the weak point sometimes in
machinery, the weak spot in machinery, which cannot always
be detected, is there not ?
A. I don’t know about that ; the only weak point about
a machine after it has been tested is a joint, and a joint can
be attended to, or an imperfect construction of the machine,
or an absolute deficiency in the proper working—the joint
can always be attended to.
x Q. But even machines that have been properly tested
have sometimes shown a weakness afterwards, without any
apparent cause ; that is so ?
A. No; they have shown those defects, but not without
any apparent cause. I say there is always a cause for it which
can be detected by somebody who knows about ice machines.
August J. Rossi 45
x Q. And detected before it occurs, do you mean?
A. No, not before it occurs ; afterwards surely ; before
you have any trouble you can detect it.
x Q. You say that those machines never break down
and never get out of order except for troubles that might have
been observed before hand ; do I understand you to g0 5° far?
A. No, I don’t want to say that. I say whena trouble
comes, it can always be detected by someone who knows his
business.
x Q. And ascribed to what cause, after the event ?
A. Certainly.
x QO. There being certain weaknesses and defects that you
foresee, until they do come out, it is more likely
can't always
n in the hot temperature of
that trouble would come from ther
the water then in ‘he colder temperature ?
A. What do you call hot temperature, 72°? That is
not at all a hot temperature for an ice machine.
x Q. But they have to work harder in that temperature
than they do in a lower temperature ?
A. Except if you have well water or specially cold spring
water, which is exceptional. Generally I would be very well
satisfied in any machine te have a regular temperature of 72
or 75° in the condenser, if I could secure it.
x Q. But they have to work harder?
A. No; they are intended to work harder at that temper-
ature.
x Q. Do they work harder ?
A. Surely ; they don’t work harder, you burn more coal,
that is all.
x Q. And your compressor is more active and more vio-
lent than at a lower temperature ?
A. You must understand one thing, when you say a3",
corresponding to a pressure we will say of 140 Ibs. in ammo-
nia it should have been—you must not imagine that it was
140 Ibs on all your system—not at all—you have only on the
piston an average pressure. You take your gas which has a
pressure of 40 pounds and you compress it to a pressure of
46 August J. Rossi
140, so it is only at acertain moment of the stroke that you
get that pressure, but not at all through the whole stroke.
Although you are perfectly right on the general principle
that the higher the temperature the greater the pressure of
the gas, the greater the strain; though it is so, it is not at all
in proportion to the temperature of the water directly or to
the pressure of the condenser. That is to say, for instance,
a temperature of 72 to 80° in an ice machine certainly
strictly speaking imposes more worl on the machine, but it
is not at all in the proportion of 72 to 80, or say 70 to 8o,
which would be 7g; it is not at all in that proportion, That
is what I mean,
XQ. Lunderstand you to say that you have got to work
the machine harder in all its parts when the circulating water
is of a high temperature than when it is a low temperature ?
A, That I say, strictly speaking, yes; but not so far as
the strain on the machine is concerned, because the strain on
the machine has been calculated to be five or six or ten times
whatever that extra strain might be. Exactly like when you
use an iron beam, if that is only working at 1/5 or 1/6 of its
working strain. That is the same thing in an ice machine.
The extra work put on the machine is no strain in the proper
sense of the word. So, strictly speaking, as you said, it
means anything that requires a little more push, but it is so
perfectly insignificant—only if you should reach extravagant
pressure could there be any danger to the machine,
XQ. That is true if the machine had no defect, but if
there is a weak place or a defect it will be more apt to mani-
fest itself at that point that if the water was cooler ?
A. Surely that cannot be contested.
x Q. And you cannot pretend to say when a machine
breaks down, unless you have examined it, whether it was a
‘defect which could have been foreseen or not ?
A, Of course, without seeing the machine, I cannot.
x Q. And all that you have given us, with perfect clear-
ness and fulness, are the various reasons which might have
been causes for the breaking of this machine, as described ?
DL a rl i aia sr
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August J. Rossi 47
A. Yes, sit; based on the pressure given to me and the
temperature furnished by the log, and the temperature of the
brine.
x Q. When the machine has had to stop for a certain
period of time, that, of course, would increase rapidly the
temperature of the brine ?
A. No, not rapidly ; because the amount of brine in the
piping is so considerable, amounting to several tons, that
before it can lose a part of its temperature and allow the con-
tents of the room to rise, it will take—not a very long time—
but, for instance, there have been machines stopping all night,
for twelve hours, and keeping on the next morning, during
repairs ; and this is one of the advantages, as I pointed out
in the use of the brine system ; if you get your brine very low
in starting, and if your machine is working properly, even if
it were not gaining on the brine and lowering the tempera-
ture of that brine—however the temperature of the brine
being very low, say at 25 oF 26°, before it would reach to
70° Fah. several hours might clapse, allowing for any ordin-
ary repair to a machine such as unfortunately happens to a
steam engine or to any kind of machinery.
XQ. Where an accident has happened to a machine the
pressure might run up to a very high point just prior to the
break when it was working abnormally, might it not ?
A. That may be so; it depends.
<Q. If the pressure is taken at several times during the
day before the break and then after the break when it is
repaired, the average might be a pretty high pressure, without
showing, however, the pressure at any particular time?
A, Certainly.
XQ. And you will have to know the pressure at a par-
ticular time in order to say exactly what the conditions were
at that particular time ?
A. Yes; but i understood the pressure was given to me
at a particular time ; that is the way it was given to me,
<Q. But you must know the particular time at which
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48 August J. Rossi
the pressure and temperature of the brine and the other con-
ditions coincide, in order to give your opinion ?
A. Yes.
x Q. If you have the average pressure of the whole day
for all three it wouldn’t indicate very much, it wouldn't give
you much idea of what the state of things was?
A. If I had only the average of the day I could not tell
certainly what was the pressure at a particular time, no.
XQ. What is the hardest time for the meat box? It
is just after the meat goes in, is it not ?
A, Certainly. It depends. I have seen meat put in a
refrigerator room and the temperature of the refrigerator room
going down immediately, because the meat was, as it is most
generally in loading meat, in my experience of what I have
seen and what I have read—when meat is loaded it comes
out of a refrigerating place or car; in the car it is kept at
36 and 37°, and in this ccd storage place they keep the
meat at between 33 and 32° ina room of 34°. If you take
meat from such a place as that and transport it to the ship,
suppose the distance is not very long—which I don't know
in this case—if a transportation of a couple of hours, it would
not make much difference in the temperature of the meat,—
it might rise two or three degrees in transferring. That is, if
you put it in a room very cold, 25, or 26, or even 20°, as,
according to me, it should have been, then, in that case, the
tamperature of the brine being so low, before the meat can
actually rise in temperature it would be immediately seized by
the temperature of the room and brought down very rapidly
within six, or possibly twelve, hours, to the temperature at
which it is safe to kcep meat.
<Q. If the meat is brought in hot weather, in a tem-
perature which is rather high, the work on the machine would
be severe immediately after putting it in in order to bring it
down ?
A. Yes, I mean to say that. But when you transport
meat, as I have seen it done myself, it is only the surface of
the meal which may show action by the heat of the air, and it
EFI AP
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August J. Rossi 49
is very limited, because the meat is a very bad conductor of
heat; it has about 34 of the conductivity of water. So that
before the heat can penctrate the meat, on account of the bad :
specific gravity of the meat, it requires a certain time—two or
three hours I don’t suppose would make very much difference
in the average temperature of the whole meat, except on the
surface, where you might have a little coating which would be
at a higher temperature than the rest. But in that case, if the
temperature of the provision room is low, it will immediately
seize on that surface.
Q. But that is where the hard work comes in, because the
bringing in of meat from the outer air, especially in very
warm weather, does instantly cause a verceptible rise in the
atmosphere which the machine has to overcome?
A, Yes.
XQ. It rises sometimes about 20° ?
A. Not in the meat.
x Q. In the temperature of the room ?
A, No; 10 or 15° is a good deal; generally they have
an ante-room.
% Q. It does, really, doesn’t it?
A. 10° is a good deal unless you don’t take any care at
all in loading the meat. 10 or 15" would be ample. The 20°
you speak of refers merely to the tem} -rature of the air in
the room, and that is very quickly lowered by such a machine
—it don’t amount to anything much, because the air is very
little, and to bring that air to the proper degree won't take
but an hour or so.
<Q. But still, it has to work harder during that hour?
A. That don’t amount to anything.
50 Wilfred H. Fleming
WILFRED H. FLeminc, being duly sworn and examined
as a witness for the lbellants, testifies :
By Mr. CuEyNey :
Q. What is your age, residence and occupation ?
A. Age, forty-one; residence, New York; occupation, |
mechanical engineer and surveyor of refrigerating apparatus
for the Insurance Company of North America.
Q. How long have you been engaged in business with
the Insurance Company of North America as a surveyor ?
A. For the past two years.
Q. What is the extent of your duty in connection with
that employment ?
A. In going on board ships fitted with the refrigerating
plants and examining them. Seeing that they are in proper
condition and then making reports to the company in regard
to the state of the plants.
Q. Are you present or not when the cargoes of meat are
loaded and placed in these meat rooms ?
A. Yes, on many occasions I am present ; especially in
the summer time.
Q. Are you present on more occasions in summer than
in winter time ?
A. Yes.
Q. What is the extent of your duty in conneccion with
the loading of these cargoes ?
A, Tl examine the condition of the meats; when I say
examine—not the condition of the meat—taking the tempera-
ture of the meat as it is taken from the cars and delivered to
the ship’s boxes. I also am in the refrigerating room where
the plant is, have conversations with the chief engineer and
the refrigerating engineer, and then make my reports accord-
ingly.
Q. Are you familiar with the temperatures of the meat
or commercial boxes when opened for the reception of meat
and when closed ?
A, Yes; I see the temperatures taken.
AV PRE LL RE e T ~snceeesntll
PEL LARD ELIE BE ELE
Wilfred H. Fleming 51
Q. Are they opened in your presence or not ?
A. No; not often ; not always.
Q. Are you present when they are closed ?
A. Yes; on many occasions, especially in summer time.
Q. How many vessels or cargoes have you examined
under the circumstances which you spoke of during your con-
nection with the insurance company ?
A. Ihave made over ninety surveys for the company
during the past two years , and these surveys embrace exami-
nations made in Baltimore, Philadelphia, New York, Boston,
and Portland, Maine.
Q. Are you familiar with the construction and operation
of the refrigerating machinery usually used upon the trans-
atlantic steamers ?
A. Yes.
Q. What is the process which is employed generally ?
A. The process that I think is chiefly used is what is
termed the brine circulating system, and using ammonia as a
refrigerator, though there are other systems.
Q. Can you give me a short statement of the operation
of the ammonia compression machines ?
A. It is just simply a cycle of operations embraced under
three headings : the compressing of the gas ; the condensing
of the same ; and then expansion. So you see, the gas as it
enters the compressor is compressed, and from there passes
into the condenser, and in this condenser, composed of an
iron cylinder of varying dimensions, the gas passes through
tubes surrounded by water for liquifying the same ; and after
that the gas, or the liquid, rather, passes through into the
refrigerator, cooling the brine; and that process expands it.
Q. Are you familiar with the statement of the process
which is made in a book entitled “ Refrigerating Machinery ie
by Wallis Taylor, commencing at page 22?
A. I know the work ; I have read that.
Q. Is that a correct statement of the principles of opera-
tion ?
RURROte: 3:7 tictawre
52 Wilfred H. Fleming
A, | think it just about the same ; in the book it is more
clearly expressed than I could off-hand.
Q. On the 4th of July. 1894, the steamship ‘ South-
wark ” loaded a shipment of 920 quarters of beef, shipped by
parties in Philadelphia, consigned to Liverpool. The refriger-
ating machinery was working from 24 to 48 hours prior to
the time of the departure of the vessel from her dock. At
the time the vessel sailed the temperature in the commercial
room in which the beef was stored was from 38 to 42°, the
ship’s log showing it to have been the latter figure. Shortly
after leaving the dock, within an hour or two, there was an
accident to the refrigerating machinery, which has been
described by the chief engineer as follows :
“The bonnet on the top of the condenser for the refriger-
ating machine for the commercial box started to leak badly
before we got to Reedy Island, and, with the heat of the
room and the smell of ammonia, it was a difficult matter to
get it shut off and the condenser pumped out. As soon as |
got it shut off I put the ship's machine on the commercial
box. After getting the new joint made on the 5th, and
shortly after starting the machine, the after compression
pump gave a heavy knock. I exhausted the pump and
opened it out, and found both connecting rod bolts broken,
connecting rod bent, and compression piston cracked. I
then disconnected the engines and worked with a single
engine and kept the two boxes going. On the 6th, after
connecting the engine, I found the crank shaft was bent, and
it was very difficult to straighten it. On the 8th I had it
connected and it has worked fairly well since. The tempera-
ture of the box was 42° when we left Philadelphia, and I was
unable to get it below that until the 7th. Since then the
temperature has gradually decreased to 32°.”
Assuming that the temperature uf the inflowing water
used in the condenser was 73°, I wish you would state
whether in your opinion the accident which is described in
the report of the engineer could or could not have been
— — meet
Wilfred H. Fleming $3
caused by the temperature of the water, being, as it was,
at 73°?
(Objected to as not covering fully the facts.)
A. That temperature of the water 73° is not atall high ;
and I should very much doubt if that would have caused the
breakdown of the machinery.
Q. Are you familiar with the temperature of the water
in summer weather in the Atlantic ports ?
A. Yes ; from records that I have taken during the past
two summers.
Q. Is or is not a temperature of 73° unusual?
A. No; it is not, because I have had temperatures in
Baltimore as high as 80 and 78° is quite frequent.
OQ. Were those temperatures taken by you at the time
you were surveying vessels loaded with meat ?
A. Yes.
Q. Was there or not any trouble with the refrigerating
machinery of those vesseis using incoming water at the tem-
perature of 78 or 80°?
A. They were running the machine somewhat higher
than what you would do if the water was cooler. The pres-
sure in the condenser was also higher.
Q. Do you know what the temperature of the Gulf
Stream is in summer weather ?
A. It ranges from 70 to 72 to 80’.
Q. Do you know whether or not other vessels during the
month of July and about the Fourth of July, 1894, carried
cargoes of meat without trouble ?
A. Yes; there were quite a number of vessels. I should
have to look through my records, though, to give you the
names.
Q. The copy of the log book which has been produced
shows that on July 4, 1894, the day of sailing, and also on
the 5h and 6th, the temperature of the incoming brine or
the brine flowing into the commercial box to be 40". Please
state whether or not that was a proper temperature for the
brine at that time ?
54 Wilfred H. Fleming
A, The temperature is too high altogether.
Q. What should the temperature have been ?
A, The temperature of the brine should have been at
that time of the year not less than 12°.
Q. Not less than 12° nor more than how much ?
A. Nor more than 18° to 20°.
A. What does a temperature of 40° of the incoming
brine signify so far as the working of the tmachinery is con-
cerned ?
A. It would show that the machine was not doing its
work.
Q. What, in your opinion, was the cause of the machine
not doing its work properly as evidenced by the high tem-
perature of the incoming brine ?
(Objected to.)
A. It might have been caused by a dirty condition of the
condenser (by that I mean the tubes being furred); also, by
the fact of there being permanent gases in the system ; and,
another reason, not having a full charge of ammonia gas.
Q. When you speak of the coils of the condenser being
furred, what do you mean ?
A. Covered with a scale or a deposit.
Q. Is that on the exterior or interior?
A. Both in the inside and on the outside.
Q. Are the causes which you have suggested causes of
trouble which are commonly known or not? In other words,
is the furring of the condenser pipe something which is com-
monly known to engineers in charge of these plants ?
A. That occurs quite frequently.
Q. Are or not these machines so constructed that the
trouble can be remedied ?
A. Yes; there are arrangements made for remedying
that.
Q. What is the method of remedying it?
A. Taking offthe condenser doors or covers and scaling
or cleaning the tubes.
Q. And that, I suppose, should be done before the
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Wilfred H. Fleming 55
vessel takes on any cargo of that character if there is any evi-
dence of any trouble of that kind?
A. Yes; it is usually done every six months.
Q. So far as the gases are concerned—the non-condensi-
ble gases—is there any method provided for drawing those
off of the machinery or not?
A. You can take those gases right out of the system,
yes.
Q. How is that done ?
A. By disconnecting the compressor.
Q. And so far as the insufficient charge of ammonia is
concerned, would that or not be evident to a person skilled
in the charge of such machinery ?
A. It would be shown to him by the mere fact of the
brine not being cold enough, or cool, to do the work.
Q. Then, I understand you to testify the fact that the
brine was of such a high temperature would indicate that
one of these three causes existed—either that the condenser
coils were dirty, that there were non-condensible gases in
the refrigerating plant, or that there was an i
of ammonia ; is that correct ?
A. Yes.
Q. At the same time the temperature of the incoming
brine on July 4th was 40°, the pressure on the refrigerator
gauge was 40 pounds. Kindly state whether or not in your
opinion that was a proper pressure to have existed at that
time upon the refrigerator gauge ?
A. It was an excessive pressure , it should have been
about 30 pounds.
QO. Does that pressure depend upon the temperature of
the incoming brine or upon what?
A. Depending upon the temperature of the brine.
Q. Suppose the temperature of the incoming brine is
21°, what would the pressure be ?
A. About 24°.
Q. With the temperature of the incoming water at 73°,
nsufficient charge
DEPRAVED pO NS
meet
a
56 Wilfred H. F leming
please state whether or not a pressure of 210 pounds on the
condenser gauge is a proper pressure or not?
A. No; that is an excessive pressure.
Q. What would a proper pressure have been ?
A. The incoming water, at a temperature of say 73°,
the condensing Pressure would be 175°.
A. I wish you would state fully what in your opinion
was the cause of the break down of this machinery described
in the report of the chief engineer ?
(Objected to, as the witness cannot possibly tell more
than a hypothesis.)
A. In my opinion the cause leading to the break down
of the machinery was that the machine was not, in the fst
place, in an efficient condition.
Q. In what respect in your opinion was it inefficient ?
A. The high condenser pressure, as well as the tempera- .
ture of the brine.
Q. They are results. What ir your opinion was the F
cause of those two results ?
A. Either one of those three reasons that I have already
given, or may be a combination of the three. ;
Q. That is, the lack of a sufficient quantity or charge of E
ammonia ; the furring of the condenser coils, or the existence
of permanent gases in the plant ?
A. Yes,
Q. What is the temperature at which the air in these ‘
rooms is usually maintained during the voyage ?j
A. The proper temperature that the beef chambers
should be kept at ranges from 30 to 31°.
Q. What is the usual opening temperature of the room ;
that is, the temperature of the room when it is opened for
the reception of the meat ?
A. In summer time it is as well to keep the opening
temperature not over 20°, In winter time, of course, you
canrun up to 25 or 26°; but these are the temperatures
that I have found in my practice to have been the usual,
Q. How many days or during what period prior to the
Wilfred H. Fleming 57
opening of the commercial bex or meat chamber must the
refrigerating machinery have been in operation in order to
reduce the temperature of the room to the degree you have
mentioned ; that is, 20° ?
A. That depends upon the state of the weather and the
efficiency of the machine.
Q. In ordinary summer weather in July?
A. From three to four days.
Q. Do you mean by that if the room has been at all
cooled before, or to cool a new room ?
A. To cool a new room.
Q. You are familiar with the general transatlantic ship-
ping trade ?
A. Lam.
Q. Generally these rooms are cooled going eastward
only, are they not?
A. Yes.
Q. Coming westward how are they used?
A. As places for cargo.
Q. Ordinary cargo?
A. Ordinary cargo.
Q. In other words, the refrigerating machinery is not in
use during the western voyage ?
A. No, sir.
Q. Thatis, so far as the commercial boxes are concerned ?
A. Yes, sir.
Q. After you have opened the room of a temperature of
20° and placed a cargo of meat in it, how much rise usually
is there in the temperature of that room in summer time, in
July weather ?
A. It will run up to 20° above that.
Q. That would make a temperature of about 40° ?
A. Yes.
Q. That is what is known as the closing temperature, is
it not?
A. Known as the closing teinperature.
Q. How long for a refrigerating machine in proper con-
58 Wilfred H. Fleming
dition is required to reduce the temperature of the meat
chamber to the proper degree, that is about 31°, how long
after the chamber is closed under the usual conditions in sum-
mer time?
A. Not more than twelve hours.
Q. That is with the inflowing brine at what temperature ?
A. Inflowing brine of 15 or 20°.
Q. What would be the effect of the temperature of the
inflowing brine being 40° ; would it have any effect at all ?
A. No.
Q. Are you familiar with the manner in which the
engineers’ log books on transatlantic steamers carrying meat
are kept ?
A. Yes; from the fact of having seen so many different
log books and having had conversations with the chief
engineers.
Q. Do these log books usually show the opening and
closing temperature of the room or not ?
A. Yes;inall cases. Tiey will also show, too, the date
and time when the machines were started to cool the
chambers preparatory to receiving the shipment.
Q. In your opinion would or would it not have becn
possible for the temperature of the meat chamber upon this
vessel to have been reduced to a proper degree by the
refrigerating machinery being in operation for 48 hours,
assuming that the meat chamber had not been used for that
purpose immediately prior thereto ?
A. You want to know whether 48 hours was too short a
time ?
Q. Yes.
A. Take the conditions prevailing at that time when this
shipment was made, in my opinion 48 hours was too short a
time to prepare the chamber for receiving a shipment and to
have the chamber at the proper satisfactory temperature.
Q. Having the closing temperature of the room at say
40” and having been in operation so short a period that the
room itself was not thoroughly chilled and cooled, what would
, —
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Wilfred H. Fleming 59
be the effect, so far as the operation of the machinery is con-
cerned? In other words, would it impose a greater load than
ordinary or not?
A. Yes; they would be working the plant at a higher
rate.
Q. Wouid that be a safe rate to operate the plant or not ?
A. It would be putting unnecessary conditions on the
plant.
Q. Would that oF not impose any risk of the machine
breaking down?
A. No.
Q. it would not have done that ?
A. No.
Q. What would. be the effect upon the machinery ?
Would it require to operate more rapidly or what ?
A. Ata higher speed.
Q. Assuming that the ordinary summer weather pre-
vailed at this time, and assuming that the refrigerating machin-
ery had not been in operation a sufficient time to reduce the
temperature of the room to the proper degree before putting
the cargo in, what would be the effect of that upon the opera-
tion of the machinery after the cargo was placed in it?
A. It would put more work on to the machine.
Q. And consequently more liability to break down?
A. Certainly, more liability to break down.
Q. Do youor not consider it safe for the engineer to
take the risk to do that ?
A. I would consider that it would be a very risky busi-
ness to attempt to do that under the conditions prevailing at
the time.
Q. Do you know the plant which was carried upon the
« Southwark ” at that time? Have you ever seen it?
A. Ihave seen it, yes.
Q. Where is it at the present time?
A. It is on the steamer “ Rhynland.”
Q. That is one of the American Line boats?
A. Sailing from Philadelphia to Liverpool, yes.
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60 Wilfred H. Fleming
Q. Do you know how many cargoes of beef the “Rhyn-
land”’ carries at the present time ; that is, her m-.ximum carry-
ing capacity ?
A. I think it is about 1400 to 1500 quarters.
Q. How many accidents have you personally known to
refrigerating machinery used in the transatlantic trade ?
A. That have come under my own notice during the
past two years?
Q. Yes, or whatever time you have been connected with
the insurance company ?
A. Four.
Q. What have been the causes of those accidents ?
A. On one vessel it was the breaking of the discharge
valve of the compressor ; on another, the leaking of the am-
monia gas into the condenser.
Q. Through the bonnet ?
A, No; through the tubes in the condenser, and then
the gas was dissoluble in water and pumped overboard, and
they lost the entire charge; and another one where a leather
washer got fixed in a suction valve of the compressor, and the
engineers in charge were unable to detect it; and the fourth
was a break down of the fan used for wirculating the cold air
through the meat chambers.
Q. That was really not connected with the refrigerating
machinery ?
A. Not connected with the refrigerating machinery, but
a part of the system.
Q. But no part of the machinery for refrigeration ?
A. No.
Q. Have you ever known of an accident similar to. this
one which occurred on the steamship “Southwark ?””
A. No; I have not.
Q. Generally, what is the extent of the injury which is
described in the report of the chief engineer ; is it a slight
accident or a serious one ?
A. 1 should call it a serious accident, because, for the
time being, it totally disabled his machine.
__ —
61
Wilfred H. Fleming
Q. Did it not disable a considerable portion of his
machine?
A. It did; yes-
id not any ordinary difficulty with
OQ. And would or wou
the machinery have caused the injuries which he has described
in his report, for instance, the breaking of the connecting rod
polts, bending the connecting rod, or the cra ci
compression piston ; would it be anything slight or a serious
difficulty that would cause that injury ?
A. That is a serious difficulty, I should call it.
Q. Do you know Mr. Gilbert Paul, who was the engi-
neer in charge of the machinery on the “ Southwark ” at that
time ?
A. Thave met him.
Q. Where did you meet him?
A. I met him on board the * Armenian” of the Leyland
g a survey of the refrigerating
Line, at the time of makin
the second engineer
machinery on board that vessel; he was
there.
Q. When was that ?
A. That was about the 12th of April.
Q. Did you have any conversation with him about this
accident ?
A. 1 spoke to hi
uncommunicative.
Q. Did you ask
ner in which the accident occurred ?
A. Yes, I did; but he would not give me any informa-
m about it, yes; but he was exceedingly
him for any information as to the man-
tion at all.
Q. You say he refu
A. Yes.
Q. How did you ¢
matter ?
(Claimant's counse
irrelevant.)
A. Knowing that he was in this
been called in the matter, and, I think, if
sed to give you any information ?
ome to speak to him about this
1 objects to all this as hearsay and
case, and that 1 had
| remember rightly,
testified this Morning in this Case ?
A. I do; yes, sir,
Q. What is their reputation in this city so far as ice
making and refrigerating machinery js concerned ?
A. They both holda high Position, Mr. Roelker especially,
Cross EXAMINATion,
By Mr. Paut :
X Q. What is your exact duty with reference to these
refrigerating machines ; to inspect in any way the machines
themselves, or merely to notice the conditions existing in the
commercial box and the meat, etc, >
A. To inspect the machines themselves,
XQ. As well as the other ?
A. Yes.
XQ. And I think you said that you had inspected ainety
of these machines in the last two years ?
A. Yes, sir.
By Mr. CHEvNey :
XQ. That is, ninety different machines or different
vessels ?
A. The ninety would cover ninety Surveys ; I make a
Survey twice in a year; I don't §0 down on the ships all the
time.
By Mr. Paut:
XQ. So that the ninety Surveys would cover about forty-
five vessels, not more than that ?
i ee
Wilfred H. Fleming 63
A. No, it wouldn't cover so many as forty-five ; it would
cover about thirty vessels.
By Mr. CHEYNEY :
x Q. I wish you would state the vessels of what lines you
have inspected ?
A, The American Line sailing from New York to South-
ampton ; the American Line from Philadelphia to Liverpool ;
the Johnson Line from Baltimore to Liverpool ; the Atlantic
Transport Line from New York to London; the Cunard Line
from Boston to Liverpool ; the Leyland Line from Boston to
Liverpool, and four or five other ships that are fitted with
refrigeration belonging to different lines, one vessel of a line ;
for instance, a boat called the “Ilona” of the Thomson Line ;
she is the only one fitted with them.
By Mr. Pau:
X Q. Does that cover all the lines that carry meats in refrig-
erators, or do other lines that you do not inspect carry also?
A. Yes, those that I have mentioned cover the lines
that the Insurance (Company of North America insure.
x Q. But there are other lines ?
A. Yes, sir.
<Q. A number of them ?
A, The White Star, the Warren Lines.
x Q. The Gorman Lines ?
A. No; they used to carry meat, but owing to the
Government they don't.
x Q. And out of those thirty vessels whose plants you
have ex .mined in the last three years you only know of four
occasions on which they have had a breakdown.
A. Yes, sir.
XQ. Do you mean to say that that covers the whole
time of the two years or only the occasions on which you have
made surveys that you have met with the four breakdowns?
A, That covers the whole time.
X Q. I think you have said that the hotter the circulating
water the more work there is for the engine and for the
refrigerating plant generally ?
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64 Wilfred H. Fleming
A. Yes.
xX Q. You have also said that when the meat is first put
in the box there is a sudden rise of temperature there due to
the putting in of the meat of some 20° ?
A. Yes; dependent upon the state of the weather.
XQ. Therefore the hardest work and the greatest strain
upon the plant comes either in hot weather or just after the
meat has been put in, or when both of these things combine ;
does it not ?
A. Yes.
x Q. And if there is any defect, latent or otherwise, in
a machine, it would be more apt to manifest itself at tha
time than at other times, would it not ?
A. Naturally.
X Q. So that you might have, might you not, a machine
working perfectly up to the time of the putting in of the meat
which by reason of the increased work that it had to do after-
wards showed soine defect, whether that defect be a fault or
otherwise ; but it would show it then more likely than before
the meat was put in, would it not ? :
A. Yes.
x Q. And if the meat is put in just before the vessel sails a
defect in the machine might become manifest just after sailing,
which could not have been noticed before the sailing, could it
not, owing to the meat having been put in ?
A. Yes.
x Q. In this description of the accident that occurred here
that has been read to you, the first thing was the blowing out
of the bonnet or some failure of the joint in the bonnet of the
condenser, was it not?
A. Yes, sir.
xX Q. Owing to that it was necessary to stop the machine
and to let the temperature naturally go up somewhat in the
brine and in the box, and when the repairs to that bonnet
were made it was necessary to do much harder work by
reason of that stoppage to get back again with the condenser
and pump, and then followed the breakage in the pump ; so
a ———
Wilfred H. Fleming 65
that you could say, could you not, that all that occurred
there was connected with that original difficulty with the joint
of the bonnet? It could naturally follow on?
A. They stopped the machinery, if] understand, till they
couldn’t stay in the room for the escape of gas.
x Q. And that several hours stop, mending the bonnet
and going on again—what I want to know is whether the
original break in the bonnet might not account for the sub-
sequent trouble with the pump. owing to the necessity of
pumping more vigorously afterwards to make up for the lost
time?
A. No; I don't think so; because they had previously
been working the machine I should judge at its utmost
capacity.
XQ. How do you judge that?
A. Because the time is stated to be only 48 hours, and
they have only got the box down to 42".
x Q. You have said that 4o" at the time immediately
after putting ‘the meat in is not an unusual temperature ?
A, What was the temperature of the box when opened?
x Q. That hasn’t been given here ; the temperature of
42" is given either as an average for that whele day of July
4th or as at the time when the vessel left the dock, which is
the sailing temperature . therefore the temperature of 42"
does not apply to the opening of it, and that being the case,
putting that aside, which may OF may not be 50, you could
connect, could you not, all these injuries from the original
breaking of the bonnet?
A. What led up to the cause?
x Q. That is another ‘.atter ; but assuming that you
start with the breaking of the bonnet and the stoppes© which
is described here, could not the disturbance of the pump and
all follow from that by reason of the excessive working to
make up for the temperature lost by the stoppage ?
A. That leak in the bonnet should not have caused the
collapse of the engine.
<Q. But it might have caused it, might it not ?
66 Wilfred H. Fleming
A. It might have done so; yes.
By Mr. Cueyney:
x Q. At the lapse of a day after it had been repaired?
A. No; not after the lapse of a day.
By Mr. Pauv:
XQ. You have stated certain causes which in your opin-
ion might have caused an excessive pressure and excessive
strain upon this machine. Do I understand that those are
absolutely exclusive of all other causes, or merely natural
causes which would occur to one? There might be others?
A. There might be others ; but those would be the chief
causes.
xX Q. For instance, in the repairing of this bonnet and
stopping the condenser for that purpose, it is possible for air
to get in, is it not, sometimes, which, mingled with the am-
monia, causes increased pressure ?
A. Yes.
XQ. And is it not always easy when working at sea and
in the atmosphere which is caused by the escape of ammonia
from one of these bonnets to avoid that difficulty sometimes ;
isn’t that so ?
A, Yes.
XQ. So that it would be conceivable in your opinion
that the presence of air in the condenser caused by the stop-
ping to mend the bonnet might have also caused the excess-
ive pressure which afterwards broke the pump, that is a
conceivable explanation ?
' A, That is a conceivable explanation, but I don’t think
it is very likely.
XQ. But still you would not say positively that that
might not have been the cause?
A. No.
x Q. The chief engineer's report says that the condenser
was pumped out. When he pumps out the condenser he
rids the condenser coils of ammonia, the liquid and the gas-
eous, so that he could repair the joint in the bonnet. To do
rs
Wilfred H. Fleming 67
that he has to reverse his connection and pump the liquid
ammonia out of those coils into the refrigerator coils, using
the refrigerator coils as a storage place during that time. In
his compression, his suction side of his compression pump, in
drawing that gas out of the condenser coils, might he have
drawn air through that leak ?
A. Yes; but in this condenser the gas does not circulate
through the coils ; it circulates around the coils, and the water
through the coils. In the present type of condenser, the
Cuban type, the gas circulates through the coils and the
water around.
x%Q. Neglect the question of coils entirely. The leak
at the joint was an ammonia leak, leaking of the open air into
the bonnet , consequently, if you are going to draw the liquid
ammonia off in your compression pumps from that receiver,
no matter whether the space contained the liquid or gas, by
the time the pump had got that pretty well drawn out, it
would be liable to draw the air, because that part where the
pump was drawing from was connected with the open air by
the leak ?
A. Yes. Butl might add that after starting, having lost
so much gas, is there any record where he recharged the
machine ?
x Q. No, there is no record.
A. Because ifhe did not do so he is going to puta
heavier strain on the machine, because there is sucha little
charge in the plant.
x Q. Therefore it is a possible explanation of the break-
ing down of the pump that it arose or Was connected with the
original breaking of the bonnet joint in the way that has been
stated? 1 think you said so?
A. Yes.
xO. Is it always possible to foresee and guard against
weaknesses in joints such as are required in this bonnet ?
Don't weaknesses occur without any cause that can be fore-
seen sometimes in joints of machinery ?
A. Yes; but then they are guarded against by the prac-
oc PR OR AT EPURT
68 Wilfred H. Fleming
tice of every six months or so putting an air pressure through
the system, ranging from 250 to 300 ths to the square inch to
detect any defects.
x Q. But sometimes, from latent defect of material or
something else, a weakness will develop notwithstanding ?
A. Certainly.
x Q. So that you cannot say necessarily that where a
leakage in a joint occurs at atime when the machinery has
got to do its best in the way of work, that there was neces-
sarily any neglect or omission, from that alone ?
A. No.
x Q. Isn’t it with all machinists a well known fact that
joints, no matter how careful you are, will sometimes blow
out?
A. Yes.
x Q. The indications of pressure that have been read to
you from the log all show excessive working of the machine,
do they not—the pressure on the refrigerator gauge and the
pressure on the condenser gauge ?
A. They all show that the machine was not in an efficient
state.
x Q. They show that it was working unduly and yet not
producing the results which it was intended to ?
A. They do show that.
XQ. You have said that more than 48 hours would be
required in summer to bring a normal temperature box down
to the proper degree for carrying meat. Are you sure that
that period is often or usually extended—that more than 48
hours is required in the quick passage of vessels back and
forth ?
A, From my own experience in summer time.
XQ. Don't the vessels frequently arrive only on Satur-
day or Sunday, and start their refrigerators on Monday, and
go off say the following day ?
A. Yes; but, then, on the other hand, they have been
cooling the chambers down before they reach port.
Wilfred 11. Fleming 69
x Q. Do you think they cool them if they carry cargo
in the commercial box ?
A. No; they wouldn't cool them if they had cargo 5 but
the general practice is coming to the westward, there is little
cargo, and they invariably make a practice of not putting the
cargo into the commercial boxes.
x~ QO. Do you know the practice of the American Line
in that respect ?
A. On the four fast ships on the Southampton Line they
would have cargo in those meat boxes, I believe that is the
practice. But those on the American Line from Philadelphia
they have much longer time in port as a rule than the New
York ones do.
x Q. Do you know on the four vessels you have men-
tioned running te Southampton that more than 48 hours is
usually taken to cool off the refrigerator box ?
A. On those four vessels 1 believe they have a larger
machine and that they would not probably exceed the 48
hours to cool down.
% Q. But have they not also a larger commercial box so
that the ratio would be about the same ?
A. What was the size of the box on the “ Southwark ? i
%Q. 1 do not remember now. Remember, also, that
these big boats have four large boxes and two machines only
besides a fruit compartment. So that could you necessarily
say that because of the greater size of their machines they
could do their work in the way of bringing down the tempera-
ture of the boxes, im any shorter time ?
A. They have three machines on the large ships.
xO. One is used only for the ship's own provisions.
am speaking only of the commercial machines ?
A. 1 don't think the ratio is in proportion of the size of
the box and the machine on these four ships as compared
with the “ Southwark.”
x @g. The “ Southwark" having only one box you think
it would be more difficult to get the proper temperature than
70 Wilfred H. Fleming
these other vessels with the four boxes and two machines; is
that correct?
A. What I wanted to express is to the effect that the
machines on the “ New York” and “ Paris” are larger than
_the machine on the “ Southwark,” and, therefore, they could
with safety work them within 48 hours to cool down the box.
xQ. But I ask you whether the larger size of the
machines makes any difference if they have a larger amount
of box surface to cool. If the ratio is maintained between
the box and the machine, that would make no difference,
would it?
A, That would make'no difference.
x Q. And unless you can say that the ratio between the
box and the machine on the “New York” and “ Paris” is
different from that on the ‘‘ Southwark,’’ you could not say
that they required more or less time, could you? You must
know the ratio ?
A. Provided the ratio is the same.
Q. If the ratio is the same, then there ought not to be
any difference, ought there ?
A, No.
Re-Direct EXAMINATION,
By Mr. CHEYNEY :
RDQ. These refrigerating machines are supplied with
the proper vilves and appliances for drawing out the air which
sometimes gets mixed in with the ammonia, are they not ?
A, They are, yes.
RPQ. That can be done without any trouble?
A. It can.
RDQ. Do I understand you to say that if the plant was
not recharged with ammonia after the leak in the condenser
that the supply would have been inadequate ?
A, It would have been, most decidedly.
RDQ. And would that not have probably led up to the
SS
paper ees ELSIE TOR FL ere whi
_ —————
Wilfred H. Fleming 71
accident that subsequently occurred: the injury to the com-
pression pump ?
A. Yes; it would.
' RDO. Unless the plant was recharged ?
A. Unless the plant was recharged to compensate itself
for the loss of ammonia.
RDO. You have said that the temperature of the brine
going into the commercial box is about 12 to 18°} what is
the effect on the temperature of the brine of the introduction
of the cargo ; does it rise in the same proportion that the tem-
perature of the air in the room rises or not? In other words,
when the temperature of the air goes up to 40° does the tem-
perature of the brine also go UP to 40°?
A. No.
RDQ. How far up does it go?
A, Taking the temperature of the brine at what degree ?
RDO. What I want to know is this: you say the tem-
perature of the brine should be from 12 to 18°, Where you
open the box with the brine at that temperature and introduce
the meat into the chamber and close it up, what change has
there been in the temperature of the brine during the time the
box has been opened?
A. The brine should remain at the same temperature.
RDQ. The brine doesn’t change at all?
A. No.
RDO. It is the air in the room only which changes?
A. Yes.
ReE-CRosS EXAMINATION.
By Mr. PAUL :
RXQ. Don't the brine get heated about 2", some slight
difference ?
A. There is a slight difference.
R XQ. Did you ever examine carefully this plant on the
«Southwark ” which is now on the ‘‘ Rhynland a
A. Yes, I have examined it carefully ; and they have
made one or two alterations.
72 E. Platt Stratton
RXQ. It is one of Kilbourn’s ?
A. Yes.
RXQ. And those are considered good machines ?
A, He has the name of turning out very good machines,
especially adapted for marine purposes.
RX Q. In addition to air getting in, doesn’t oil get in
sometimes and cause trouble with the condensers ?
A. It does, but then you have arrangements for taking
out the oil, or should do so,
RX Q. But still there may be trouble in the working of
the machine from that ?
dA. Yes.
Rx Q. It may cause trouble ?
A, That can be; yes, sir.
RX Q. And without the possibility really of avoiding it?
A, That is a point that could be avoided and is avoided,
too; I think very little oil does get in, in that Kilbourn
machine, because the compressors have a water jacket,
Depositions taken in behalf of the libellants, at the offices
of Messrs. Lewis & Cheyney, rooms 348-349 Bourse Build-
ing, Philadelphia, on Wednesday, June 8, 1898, at 10.30
A. M.
Present: Horace L. Cueyney, Eso., for libellants.
J. Ropman Paut, Eso., for respondents.
E. Prarr Srratron, being duly sworn according to law,
was examined as follows:
By Mr. CHeyney :
Q. Mr. Stratton, where do you live ?
A. College Point, New York.
Q. You are engaged in business in the City of New
York ?
i Pa
a——
F. Platt Stratton
A. Yes, sit.
Q. What is your business ?
A, Tam chief engineer and surveyor of the Record of
American and Foreign Shipping, also consulting engineer of
the Board of American Underwriters in New York.
Q. And as chief engineer of the Record what are your
duties ?
A. My duties are to form rules for the construction of
ships and also to survey ships under construction and super-
vise plans submitted and examine plans of the proposed con-
struction of ships:
Q. Do you know the steamship « Southwark ” which is
now running to New York and which formerly ran to Phila-
delphie in the American Line?
A. Yes, sit.
Q. 1 wish you would please state whether or not you
made in the month of December, 1894, @0Y inspection of that
ship and particularly an inspection of the refrigerating
machinery ?
(Objected to by Mr. Paul as irrelevant.)
A. 1 did.
Q. Where was the vessel lying at that time ?
A. Here at Philadelphia. ! don’t recollect the wharf.
It was at the regular wharf here in Philadelphia.
Q. What officers of the ship did you sce upon the occa-
sion of your visit there ?
A, 1 saw Mr. Welsh, the chief engineer of the line who
has charge of those ships, and subsequently 1 saw Mr. Mac-
Donald the chief engineer of the ship, and Mr. MacDonald in
turn introduced me to the engineer in charge of the refriger-
ating apparatus.
By Mr. PAvt:
Q. What is his name?
A, Well, sir; I couldn't tell you what his name was
I mide a record of it at the time. After he was introduced
to me, I made a record of it at the time. The chief engi-
neer introduced me to him and told me his name. | made a
ng PRS vers —
ORS RUC TRE ITE TL PPR TON A TPE Te Pe LY
¢ SPRAINS Teer eluciiie’l HE AEA TILL 7 OTKSE
x ide OLY Oa " BEC FP
Re ee her uk
a ie
74 E. Platt Stratton
memorandum of it at the time who this man was, the chief
engineer of this apparatus and had been ever since the ship
came out. He was rather a dark yellow-like complexioned
if I recollect right.
By Mr. Cueyney :
Q. He was represented to you as the engineer who had
charge of the refrigerating “pparatus since the vessel came
(Objected to by Mr. Paul.)
A. Yes, sir.
Q. Did he say whether or not he had been in charge of
the machinery in the month of July, 1894, when there was
some trouble with a cargo of meat ?
A. He did, sir.
Q. Did or did not the engineer in charge of the refriger-
ating machinery make any statement as to the accident
upon that voyage.
(Objected to by Mr. Paul as incompetent to bind the
steamship. )
if he was in charge of the machinery on that Voyage. He
since the vessel came out, and then I asked him wken this
accident occurred. He said the bonnet split and the accident
dock. He said he reported this to the chief engineer and he
attempted to repair it at that time. And then I asked him if
he was Positive that it was two hours and a half, and he
said from two hours to two hours and a half before the ship
Q. Was there anyone present when the conversation
took place ?
A. Only the chief engineer, MacDonald Was present.
Q. He was in the vessel at the time the accident
occurred ?
A. No, sir; I think he was not I don’t know whether
SRR
eat ha
ff
er
E. Platt Stratton 75
he heard that or not. He was over in the engine room
probably.
Q. Now just state whether you had any conversation
with MacDonald, the chief engineer, in regards to the repairs
and overhauling of this refrigerator machinery ?
A. Yes, sir; 1 did. I talked with him before I went down in
the cabin and he had the log book and there were certain
things in the log book which he very properly refused to let
me see.
(Objected to by Mr. Paul.)
Witness (continuing): He kept the log book in front of
him and he read from it at times things he thought might
interest me.
Q. Well, now, please state whether or not he made any
statement as to whether or not the machinery had been over-
hauled and repaired after the accident in question ?
(Objected to by Mr. Paul, as he has already stated what
he did on the ship at that time.)
A. He assured me that the machinery, that is the refrig-
erating apparatus, had been thoroughly overhauled, I think
certain portions of it were new.
By Mr. Pauc:
Q. When?
A. I think the next voyage but one after the damage to
the meat.
Q. The next voyage but one?
A. Yes, sir.
(Objected to by Mr. Paul as hearsay and incompetent to
bind the vessel and also because it doesn’t appear that the
person making the statement spoke of his own knowledge.)
Cross EXAMINATION.
By Mr. Pauc:
<Q. Mr. Stratton, how did you happen to make the
visit to the vessel ?
A. I think I received a letter from Mr. Lodge Colton to
AIRY VEE TRY CEPOL RS 9 RET, ~ae - .
. Fs ROT AES POD IES TTR Ge ae SIP eumese
76 E. Platt Stratton
proceed to this vessel and make an examination in relation to
this matter.
x Q. Who is Mr. Lodge Colton 7
A. Well, he used to be the captain of one of the Ward
Line ships out of New York. He is now identified with the
Insurance Company of North America in some capacity. 1
don’t know what it is.
x Q. Did he ask you to go in reference to this particular
case ?
A, Yes, sir.
xX Q. Did you make any memorandum of the time you
were on the vessel what was said ?
A. 1 did.
<Q. Have you got that memorandum ?
A. IT have not got them here but the communications
that I sent are base] on that memorandum, that is, letters I
sent to Mr. Colton which I subsequently examined.
were generally made in lead pencil.
x Q. Did you state to the people, down there, the pur-
pose of your visit ?
They
A. I went further than that, I went to Mr. Griscom, who
I know very well, and I asked Mr. Griscom if he would have
any objection to my making an investigation of this kind as a
friend of his. He said none whatever. He said he didn't
know that he would lief have me do it as any one in the
world.
xQ. And you saw the people you have mentioned
there ?
A. I wouldn't state it as a fact, but my impression was
that Mr. Griscom cither gave me a letter or that there was
some communication between the office and the chief engineer,
Mr. Welsh, about my coming. My desire being to avoid
anything looking like secking the information in an under-
hand manner.
¥ Q. What was the date you made that visit ?
A. That, sir, I couldn't tell you.
“Q. Can't you give us the exact date ?
. et GEIS —
sepa STI, PEE Oe $
EEL LIE
a ——
FE. Platt Stratton 77
A, (Looking at paper.) On the twenty-sixth day of
December, 1894.
%~Q. You said that the persen who told you that he
had had charge of the refrigerating machinery, told you that
the bonnet gave out two or three hours before they sailed ?
A. 1 think he said from tive to We hours and a half.
x Q. And that he also stated that had been repaired ?
A. No, the chief engineer attempted to repair it before
they left, that is, made a temporary repair, such a repair as
they could without reference to the shops eT anything of that
kind as he understood the bonnet split. Well, in those
apparatus the ammonia 1s circulated to a very high pressure
and a very small leak might overcome very large pressure:
XQ. Are you familiar with this machinery ?
A. can only say I am familiar with it. Tam not an
expert on it. I never made a study of it.
xQ@. Do you happen to know that the time when the
greatest work is expected from the machinery is after the
meat, which is presumably of somewhat low temperature, is
put in the commercial box ?
A. That is immediately after the commercial box is
closed, that is to get the temperature of the meat down.
XQ. That is a very short time before sailing ?
A. That is generally put in and of course the effort is
kept up until the commercial box goes down to the freezing
point.
x Q. And that is a little while before sailing ?
A. Yes, sit; generally.
x Q. And if a break occurs, it is likely to occur on or
about that time owing to the greater efforts of the machinery ?
A, Well the machine is worked to its maximum ability. 3
%Q. You know enough about machinery to know that :
the weakest part of all machinery is generally the joints ? ’
A. That is, not necessarily speaking.
<Q. But generally speaking ?
A. The joints of any apparatus is that it requires the
greatest looking after.
= :
a oe ae ae APTI ait _—
a aiaatiets WET RUE ETS F
sie Aga IND RIM GASATERSETON TY
78 E. Platt Strattan
x Q. And more difficulty to avoid trouble ?
A. But joints are generally made—the average joint is
amply large enough—but the most difficulty we have in
machines of this kind is not with the joint. It is accidents to
blow holes and castings and trifles of that kind. I don’t
think it could have been a joint in this case, because, if it had,
he would have’ said a joint gave out.
XQ. The fact of a leak in the bonnet, however, which
may have heen caused from a joint, the splitting of the bonnet
would of itself, would it not now, you think, subsequently
break down?
A. To a large extent, yes, sir. At an excessive speed
and the work that would have to be performed weuld be far
in excess of ordinary conditions.
xX Q. If the bonnet had been split, it would have been
possible would it now to have used it afterwards ?
A. Qh, no, sir.
xX Q. How could they have fixed it?
A, Well, they might have taken and put a wrought iron
patch on the inside of it. That is, setting the patch up in kind
of a gasket and lay the patch over it, and top right above it,
and the bonnet, and in that way he might have accomplished
a fair repair.
X Q. On the spot?
A. Yes, sir.
x Q. That would have been the more effectual according
to circumstances ?
A. Yes, sir.
XQ. But that would have been the proper thing to have
done in your opinion ?
A, Well, that would have been the best thing I should
have done under the circumstances, but with the ship at the
dock, what I would have done would be to have gone and
got a big piece of wrought iron and had it put in the pump.
It would have been substantial. The difficulty of putting a
gasket is to bring the edges of the split together. A leak,
EE SARC REN TINT
— aa—
E. Platt Stratton 79
upon the whole, is bound to increase the working of that .
pump.
x Q@. It is impossible to avoid, in machinery of this kind,
as well as in other machinery, an occasional breaking down,
is it not?
A. Yes, sit. ;
XQ. And this man told you that the break down was 4
short time before leaving, that they had repaired it as well as
they could?
A. No, sir; he didn’t say that. On the contrary, his
demeanor conveyee the idea that it was a great mistake not
to repair the ship before she left the dock.
x Q. That is, by his demeanor ?
A. That is the inference from what he said and the
manner he said it.
x Q. He didn’t say that in so many words ?
A. No, sir; I don’t think he did.
Qx. You saw the chief engineer looking over the log ?
A. That is Mr. MacDonald.
XQ. What log did you refer to?
A. The log of the ship.
<Q. They have a different one each voyage ?
A. Well, this was @ log-book which contained in ita
letter, I think, by the previous chief engineer to the company.
x Q. You mean to say that was entered on the log?
A. I think there was a COpy of it in his letter-book, either
in the log or letter-book. My impression was that it was in
a letter-book.
<Q. Then you can’t say that it was the log-book, but it
may have been a letter-book ?
A. He read this letter of the previous chief engineer
from a copy in the letter-book.
» <Q. That is, did he read from the log-book or from the
letter-book ?
A. Well, he read from the two books and part from this
letter-book.
ee ey sie Nat Paes Seo)
80 E. Platt Stratton
x @Q. But you can’t say whether he read from the
official log or from what particular log ?
A. No, sir; I couldn't say which particular one, but he
referred to the log book as being in the possession at the
office, which contained all the facts.
X Q. But you didn’t see that there ?
A. No, sir.
By Mr. CHEYNEY :
x Q. Mr. Stratton, please state whether or not in your
opinion as an engineer it was proper for the ‘“‘ Southwark ”
to have started out on that voyage in the middle of summer
carrying a perishable cargo, with the bonnet split, as was
stated by the engineer, and with such temporary repairs only
as were made on board ?
A. If you asked if I was the engineer I would undertake
such a thing, I would say no, sir; chiefly because I was not
there and I didn’t see the conditions ; but I look upon it as
exceedingly and decidedly suicidal to have started on that
voyage in that condition. I think the engineer was very
foolish to start. He was at a point where he could have
made a substantial repair. He was jeopardizing the whole
contents of that commercial box, and I think if he had known
more about refrigerating, he wouldn't have started.
By Mr. PAuc:
XQ. Mr. Stratton, you have not a specific knowledge
of the nature of the break or the repairs that were put
upon it?
A. No, sir.
XQ. And, therefore, you wouldn't say,positive, I sup-
pose, one way or the other in the absence of fuller informa-
tion ?
A. Iam unable to judge of all the facts relating to this
subject, but my impression was that the Line acted very
wisely in dispensing with the engineer's services.
<Q. But you wouldn’t like to pass upon his conduct
merely upon the slight information you have got ?
SEVEN DE ALE RI
PYRG EER LILES LOE LE LO EE
E. Platt Stratton 81
A. Well, the result of the destruction of that meat itself
nstrates to me that there was something wrong, and I
‘demo
ipecr to attend to that
think it was the part of the chief eng
because he was at the dock.
x Q. You have said that he might have done these
gs in the way of repair, that the new bonnet was unnec-
thin
essary ?
A. Oh, no, sir; 1 think a substitute for the old bonnet,
that is a piece of metal, solid metal, in itself was necessary.
You see the head of this bonnet was cast iron and he could
have gone to a shop here in the space of two or three hours,
he could easily have got a new head made for that, say five-
eighths or even three-quarters.
XQ. Did he state to you exactly what was done in the
way of repairs ?
A. No, sir.
x Q. Therefore you can’t say whether that was not done?
A. If it had been, 1 don’t believe the accident would
have occurred ?
XQ. That is the only reason ?
A. Yes, sit.
XQ. That is all you know ?
A. He stated that the bonnet was split, and that the split
was the primary cause of the disaster. What he should have
done was to putona bonnet that would have held that—
would have held the pressure without any leaks.
XQ. But you can't say from anything that you know
or heard, what was done ?
A. I know as a machinist and as an engineer that the
only way to repair a split bonnet, or two ways to repair a split
bonnet, one is to take a substitute and the other is to patch
it. Well, now, most of the pressure that was used in that
machine, it is almost an impossibility to patch a bonnet in
that way. These bonnets are generally pum} ed out internally
and, of course, there is a very large service and a very high
pressure. Well, in case the pressure widens the aperture,
RN itare TRAE PUTS
-- - PETES ETE eee FRAT IRE Rene
EEA TOE ——— :
82 Arthur Nixon Cross
hence the only thing to make a good repair is to put a heavy
sheet of iron on or steel.
x Q. And you say it was impossible to patch it ?
A. I wouldn't like to say it was impossible to patch it,
but in a little time, it was possible to patch it and make a
good job of it.
XQ, Therefore, would you like to say it was not prop-
erly repaired ?
A. Oh, no, I don’t know that.
(Signature waived.)
Testimony taken on behalf of the libellants, at No. 160
Broadway, New York City, October 6, 1899, at 2.30 P. M.
Present: Horace L. Cueyney, Esq., for the libellants.
J. Ropman Paut, for the respondents.
ARTHUR Nixon Cross, being duly sworn and and exam-
ined as a witness for the libellants, testifies.
By Mr. CHEYNEY:
. What is your business ?
A marine engineer.
. How long have you been following the sea ?
A great many years—probably twenty-six.
How long have you had an engineer’s certificate ?
. Eighteen years.
What is your position at the present time ?
Chief engineer on the steamer ‘‘ Mesaba.”’
Between what ports does the “‘ Mesaba”’ sail ?
. New York and I ~- don.
How many vessels have you been chief engineer of ?
The ‘* Manitoba,”” “ Minnewaska,” “ Mississippi,”
“ Missouri,” in the Atlantic Transport Line,
SORORORORORO
SPs ee
ss
Arthur Nixon Cross $3
Q. Have you had experience upon those vessels in the
carriage of fresh meats across the Atlantic?
A. Yes, sir; we have carried fresh meats ten years with
out missing a voyage:
Q. Do you carry meat on the “ Mesaba”’?
A. Yes.
Q. What kind of refrigerating machines have you on
that vessel ?
A. We have a De La Vergne ammonia machine at one
end of the ship, and at the other end of the ship we have a
British Linde machine, which is also an ammonia machine.
Q. Do you carry fresh meats upon any of the other
vessels?
A. Yes, sir; the “ Minnewaska,” “ Manitoba” and “ Mis-
sissippi.”
Q. Are you familiar with the port of Philadelphia ?
A. 1 used to run there. I haven't been there for eight
or nine years.
Q. On what vessels did you run to Philadelphia ?
A. The “ Missouri.”
Q. Are you familiar with the refrigerating machinery
which is in use in vessels engaged in carrying meat?
A. Oh, yes, I think so.
Q. What is the type which is generally in use?
A. The ammonia machine, carbonic acid machine, Co2
machine.
Q. I want to read this question to you: « The steam-
ship ‘ Southwark’ left the port of Philadelphia on the 4th of
July with a shipment of nine hundred and twenty quarters of
beef consigned by parties in Philadelphia to Liverpool ; the
refrigerating machinery had been working from twenty-four to
forty-eight hours prior to the time the vessel left her dock. At
the time the vessel sailed the temperature in the commercial
room in which the meat was carried was from thirty-eight to
forty-two degrecs. Shortly after leav ing the dock, within an
hour or two, there was an accident to the refrigerating
machinery, and on the next day there was anotiier accident,
84 Arthur Nixon Cross
and a series of accidents which I will describe to you as they
have been described by the chief engineer of the vessel :
“*The bonnet on top of the condenser of the
refrigerating machinery for the commercial box started to
leak badly before we got to Reedy Island, and with the
heat of the room, and the smell of the ammonia, it was
a difficult matter to get it shut off and the condenser
pumped out. As soon as I got it shut off J put the ship's
machine on the commercial box, and after getting the
new joint made on the 5th, and shortly after starting the
machine, the after compression pump gave a heavy knock,
I exhausted the pump and opened it out and found both
connecting rod bolts broken, connecting rod bent and
compression piston cracked. I then disconnected the
engines and worked With the single engine and kept the
two boxes going. On the 6th, after connecting the
engine, I found the crank shaft was bent, and it Was very
difficult to Straighten it out. On the 8th I had it con-
nected, and it has worked fairly well since. The temper-
ature of the box was forty-two degrees when we left
Philadelphia, and | was unable to get it below that until
the 7th. Since then the temperature has gradually
decreased to thirty-two degrees,’ ”
Assuming that the temperature of the inflowing Water
used in the condenser Was seventy-three degrees, state
whether, in your opinion, the accident Which is described in
the report of the engineer could or could not have been
caused by the temperature of the water >
(Mr. Paul objects as not covering accurately the facts
in this case.)
(Mr. Cheyney states that if Mr. Paul will kindly point
out in what particulars the question js inaccurate, he wil]
gladly correct it.)
(Mr. Paul states that he will do so upon the argument.)
A. I don’t think it could,
Q. Is it unusual to use water in the condenser of a tem-
perature of seventy-three degrees ?
LLP TONE IIIS i
Pt te in Siem,
Arthur Nixon Cross 85
A. It is not unusual at all in the summer months; some-
times when it is not as cold as that; we get it running eighty,
eighty-two and sometimes eighty-four in the Gulf Stream for
probably forty-cight hours sometimes.
Q. Will the machines work properly ?
A, It isa little harder on the machine when the circulat-
ing water is at a high temperature, but nothing serious.
Q. I hand you a copy of the log of the ship “ Mesaba,”
ora paper which purports to be a copy. Will you kindly
tell me what that is ?
A. Yes, that is a copy of the log of the Linde machine.
Q. For what voyage, commencing at what time ?
A. July 29th this year.
Q. Did you make that copy yourself?
A. Yes, sir.
QO. Is that a correct statement of the temperature of
water found during that voyage ?
A. Yes; absolutely as it happened.
Q. 1 shew you another copy of the engineer's log of the
“ Mesaba ” for the voyage commencing Septembe. 2nd. Did
you make that copy ?
A. | did.
Q. Does that contain a true statement ofthe different
temperatures and conditions of your machine during that
voyage ?
A, Exactly the same as sent in. It is absolutely correct.
(Mr. Cheyney offers the papers in evidence.)
(Mr. Paul objects.)
(They are marked Exhibits 1 and 2 of this date with the
initials “* A. S.”’)
QO. Under the head of *‘Temperature of Hold,” I find
marked “ F. A.” ; what does that mean ?
A, The forward end of the box and the aft end of the
box ; the same box, two en each side.
Q. How are your compartments in which meat is carried
used on the western voyage? Are they used for carrying
any cargo at all?
LERIS PIES OOM yp GE LN, Penne tat oy
TRE CAIN
86 Arthur Nixon Cross
A. No; come out empty.
Q. Are they cooled or not during the voyage west?
A. No, sir; cleaned out on the voyage this way.
Q- How long before leaving the port, or before the
reception of meat in those compartments, do you commence
to cool the compartments ?
A. That depends on the temperature of the pL Rm
In hot weather weather we probably take forty-eight or fifty
hours; that is, the box opens at about a temperature of sixty-
five ; it will take forty.eight to fifty hours to bring it down to
twenty-two, and that is what they want for loading. That is
what we have to get every time.
Q. That is before the boxes are opened to receive the
cargo?
A. Yes, sir.
Q. How long are boxes usually opened for the purpose
of receiving cargo?
A. It depends on how much they pv: in, but, as a usual
thing, ten or twelve hours; twelve hours, I should judge.
Q. And they are then closed up again ?
A, They are then closed up again. The doors are sealed
up then.
Q. What is the usual temperature in the room at the
time the doors are sealed in summer time ?
A. 34, 36; 36’ in hot weather ; after the box has been
opened all night.
Q. During the time the meat is being received, is the
refrigerating machinery at work or not?
A. We shut down when the doors are opened, because
you can't cool the atmosphere down there. Sometimes we
would keep turning there very slowly; nearly always shut
down.
Q. What temperature do you usually keep the rooms
during the voyage ?
A. They want it as near 29% as we can possibly get it;
they want an average of 29%.
Q. That is below the freezing point ?
hy —
—_— APG ERIE IDE I IT TIT
Pe IAN ELLEN APL TI
_ ——
a much lower temperature to freeze beef. Itis put in such a
Arthur Nixon Cross 87
A. Yes, but it doesn’t freeze beef, you know. It takes
mass, and so close together, that it won't freeze.
Q. How long after you have closed and sealed the room
do you succeed in reducing the temperature to that degree ?
A. That depends upon outside temperature again, but,
as a rule, we fetch it down the second day ; down to what we
want it.
Q. Is that the extreme limit?
A. Well, yes, 1 suppose 5°: I don’t think we are ever
longer than that.
Q, Sometimes it will be shorter?
A. Yes, if it is cold weather outside and the water is down
to about forty-eight, then it comes down pretty quick.
Q. Itis onlya question ofa very few hours then?
A. Yes. ,
Q. 1 wish you to look at the paper which is marked
« Extract from Abstract Log of the Steamer Southwark ”,
marked ‘“ Exhibit No. 5. September igth, 1895, c. =
- in this log for July 24th the temperature of the
Hough ”’ ;
incoming brine is given as 40 degrees. Can you tell what is
meant by that phrase “incoming brine"; whether it is the
temperature of the brine going into the box, or returning ?
A. [should take it after it has travelled through the box
and is coming back.
Q. Is it customary upon the ‘«Mesaba,” and the other
vessels in which you have been engaged, te keep the temper-
ature of the brine both as it goes in and comes out of the box?
A. There is generally two, three or four degrees
difference.
Q. Is it usual to keep a record of the temperature of
the brine both going in and returning ?
A. Why, certainly.
QO. You say there is usually a difference of three or four
degrees ?
A. Say trom tw
sibly five sometimes.
o to four degrees is the usual thing ; pos-
88 Arthur Nixon Cross
Q. Was or was not the brine at the temperature of 40
degrees of a sufficiently low temperature to so cool the room
that the meat could be carried with safety ?
A. Certainly not.
Q. I understand you to say no matter whether that
expressed the incoming or returning temperature, it is too
high ?
A. Too high a temperature for brine.
A. What is the proper temperature of the brine as it
goes into the commercial room ?
A. 20 degrees is a good temperature, but that is when
you commence to cool down.
Q. When you commence to cool down and during the
time you are receiving the cargo?
A. I should be quite satisfied with a temperature of
twenty while we were cooling down the box.
Q. What should be the temperature immediately after
sealing the boxes ?
A. I give a high temperature when | Say twenty ; we
bring it down to sixteen, fifteen and fourteen a few days later.
Q. And that would bring the temperature of the return-
ing brine to somewhere about twenty ?
A. Yes; it is generally a few degrees higher when it has
gone through the pipes.
Q. What does that temperature of 40 degrees indicate
as to the working of the machine ?
A. I should think there was something wrong with the
compressor ; probably short of ammonia, or the expansion
valve may be out of order,
Q. Does it indicate whether the machine is working ina
proper and efficient manner ?
A. It indicates faulty working for me.
Q. Is there any question about that ?
A. I don't think So, because it is easy enough to bring
the brine down if the machine is in good order, and the
slower you circulate the brine the colder it will be.
Arthur Nixon Cross 89
Q. The pressure on the refrigerator guage is given as
forty ?
A. That is high.
Q. ‘the pressure on the condenser guage is forty on the
4th of July?
A. That is pretty high.
Q. And the pressure on the brine and pump gauge is
thirty-two ?
A. They are all too high. ° One huudred and fifty is the
proper condenser pressure. For the refrigerator pressure
probably twenty-five.
Q. Taken altogether what do these figures indicate as to
the working of the machine?
A. It indicates there was something wrong with the
machine, from various causes.
Q. Do you keep on the ‘‘Mesaba,” or have you kept
upon other vessels, records of the temperature and the differ-
ent pressures during the time the vessel is lying at the dock,
reducing the temperature for the purp
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.