# Transcript of Record — The Southwark > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386019_0325%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Transcript of Record - **Published:** January 1, 1903 - **Citation:** 191 U.S. 1 ## Text (18,304.) 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 he Fs tak Sees wade Tees Pe iG, Orae ie MUS Oe Tg TRS eT Be chk Oaikend Maegheie 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. t rah ee ae le ee ce yens! ER spepHOE ERENCE! PRE _ 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 , — epee er prt PG LES Pree sean ce a os 5 alien Zere Ses ee = | SAR —— 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. BipeORS P 4 e an : AON teins apne een (ent Peet > Ph eae My IN REET RSET 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. (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 purpose of receiving cargo? ad. Always. Q. Is that the practice upon vessels generally in the trade so far as you know? A. It isi. my Line. I don’t know for other vessels, but I should think so; they have to keep a record in case of any accident, to show what they are doing. Q. Wiat is the character of brine for retaining cold? A. It can retain cold for a long time when it is once cold. When it is once to a low temperature it will retain that for a long time ; of course you can’t freeze it. Q. Does the temperature of brine at 40 degrees indicate whether or not the brine during the preceding twenty-four or forty-eight hours in which it is said the machine had been at work, had been at a proper temperature or not? A. I should say it had never been cooled. Q. In your opinion, judging from the figures as to the temperature and pressures contained in this log, was or was not the steamship ‘ Southwerk,” and especially the refrigera- 90 Arthur Nixon Cross ting machinery, in a fit condition to start on a transatlantic voyage with a cargo of meat ? (Mr. Paul objects.) A. | do not think the refrigerator was orking right. | am surprised they put the meat in at that opening temperature. Cross EXAMINATION. By Mr. Pauc: XQ. Did you Say you were the engineer in special charge of the refrigerating machinery, or the chief engineer ? A. The chief engineer. XQ. I saw it signed here “ Refrigerating Engineer.” A. That is printed refrigerating engineer, but the name was written, XQ. Do you know the Kilburn refrigerating taachin- ery ? 4. I have never been in charge, but I have seen them. X Q. What is the reputation of that machine > 4. I don't know very much about that, but I have heard they were very good machines on the line, greatly used in breweries, but for ship use I know nothing about them, XQ. You have nothing against them ? A. I have nothing against them: no, | have heard that the Kilburn machine was a very good machine. XQ. I see in these copies of the logs that you have produced that there are two observations noted a day for the various matters which are contained there. Are those two observations all that are actually taken, or do they form an averave ? A. No; we take the day at six A. M. and six P. M. That is the temperature of the box at those times. XQ. There are some logs on some of the steamers of other lines which only take the ‘average temperature of the day, are there not ? A. I don't think it. We take the actual temperature at six A. M. and at six P. M. SST RAE RIF EES AT OR EEL ITN LETT Ie ET TS ——7_—_ Arthur Nixon Cross gi A. Decidedly, X@. And if there was any de machine, it would be More likely than at any other time ? A. Certainly, XQ. These machine they not? about the more work the ular time would bring pretty hard lay or difficulty in the to show this at that time s do Occasionally break down, do A. I believe so, but I have never had a break down— not for more than five or six hours, *Q. But you have known that such things h l, Oh, yes, I have indeed. *Q. And there are break skill and foresight could provid avoided ? appen ? downs which so far as your € against, could hardly be 4. Any piece of machinery is liable to break down. - — a a REET in SOT A EE aS ———— Arthur Nixon Cross 93 x Q. And liable to break down withovt fault on the part of the engineer ? A. I think so. There are such things as constructural defects. % Q. Can you make an absolutely tight joint? Is it not conceivable that anything in the nature of a joint may give away ? A. I think it is easy to make an absolutely tight joint. ayn — WENGE UAE GAS INT HERON MENE WES RET . “A lOt ANT YORE COP HI PNY PPNER ALE SETI RT EV RO ARO) 129 A. Gray Kilburn. 23 A. Well, how can I explain that. I could explain it in this way, although it is not very graphical, you can pull a bigger load with two horses than with one, The machine is built to handle that pressure in a better man- ner than the English machines. XQ. In other words, it is a better machine, is that what we understand ? A. Ido not think it is any better, we get the same results. XQ. Using the water at the same temperature, what would cause a difference of several degrees between the result of the two machines ? A. There would be no difference in the result at all ; they both work exactly the same ; as I said before, one is less liable to leak than the other ; that is all the differ- ence ; you would have exactly the same effect. XQ. Then, if there was a difference of several degrees temperature in the result, it would indicate that there was some leak in the machine from which the higher temperature resulted ? A, Not at all. XQ. What would it indicate ? . A. The working ammonia would be precisely the same in both cases, but the arrangement is such that es ; there would be less liability to a leak in the bonnet in R the American machine than there would be in the English : machine. 3 XQ. Suppose we start out with certain things the same; we have the temperature of the water the same, we have the two machines, and the result of these machines using : that water at the sume temperature is that in one case : you have, say, a resulting temperature in the storeroom f of 36 degrees, and in the other case of 42 degrees ? q A. You are wrong, that is not what I meant to : express at all, i ; Rear LRT SORA Oy ea TERRE CoS ey BRL Sac 7 ~ ‘ BM PLE TLL LNB 6> a2 24 A. Gray Kilburn, XQ. Then, how can you explain the difference in the result of those two machines ? A. If that was the case, I would say that one was bigger than the other; that is not what I have tried to explain to you. You get exactly the same efficiency from one pound of ammonia, no matter what kind of a machine you use. But you can build it so that there js less liability of giving you trouble, But one pound of ammonia will not do any more for you than it will for me, and not any more in one machine than in another of the same equal size. XQ. Suppose we do have the same temperature of the water the two different types of machines, and the result in one case in the store room is a temperature of 36 and in the other case of 42, that indicates either that you have a machine not large enough for the room, or that the machine is leaking, does it not ? A. No. XQ. What does it indicate ? A. That would indicate that both machines did not have the same work put on them ; that is, they are not of equal capacity. Supposing you take two machines of the same capacity, the same water, the same temperature, and the same amount of work, you would get exactly the same results, XQ. And then I understand that if with one machine the temperature in the store room is 36——— A. (Interrupting.) That is a small room and large machine for that purpose, you see, the machines are not built in proportion to the two rooms. Now the provision room machine for the little box does the cooling, It is a large machine for the size. I do not know the size of either, but that must be so if that is cooling it more. Now you take the other one, and the commercial boxes and you have got an enormously large space to cool, If EE A. Gray Kilburn. — 25 you take and figure it out you will find that the commercial boxes with the same degrees of temperature of water had srobably a great many cubic feet to cool in comparison with their cylinders than the smaller machines. You cannot make any comparison there at all. XQ. In other words, your idea is that that difference in temperature would result from the fact that the machine in the smaller room is proportionately larger than it is in the large room ? A. That is it exactly. And, as I said before, a pound of ammonia will not do any more for you than it will for me, it will do the same with every machine, But you can handle that ammonia with less risk but with not more efficiency. By Mr, PAvL: Q. It depends on the size of the room in which it is to work ? A. It depends entirely upon the capacity of the load that you put on it. You may take a one horse team and put a ton on it and you may take a two horse team and put three tons on ‘t. here is more load on the two horse team than on the one horse teain in proportion. By Mr, CHEYNEY: XQ. And in all other respects the effect. upon the two machines with the temperature at the same degree would be practically the same ? A. The same absolutely, sir. It isa law of nature; it is not a law of man. XQ. The report, as Mr. Peul read it to you, states that at a certain time the after compression pump gave a heavy knock and on examination it was found that both connecting rod bolts were broken, connecting rod bent and the compression piston cracked ; what would cause those injuries ? a MOT EE ARE IIE POLE CEA SHOT EINE LESLIE LOLI LEME OT AE Ye yore — PRS Go ~ ‘ ~ SE UePee q * a = re . RSE EE” 2 . ae - 7 EE PER IERE i eo‘) (Die 26 A. Gray Kilburn. A. Pumping up too much a load, hammering against too much of a head pressure, That would be the same trouble that broke the joint in the bonnet, XQ. I understand you know nothing about the ma- chinery in question upon the steamship “Southwark ” after the veyage of July, 1894? A. Well, not definitely ; only hearsay. XQ. Of your own knowledge, I mean ? A. Not of my own knowledge. XQ. Would not any injury affectiug the working ca- pacity of the refrigerator plant make a difference in the temperature which would result in different machines using the same water ? A. Make a difference where ? XQ. In the storeroom ? A. Certainly; if the machine stopped, XQ. Suppose, however, that the bonnet on top of the condenser were not actually stopped but leaking some- what, would not that have a tendency to affect the temperature of the room? A. No; not as long as the machine was running. They could not run it if it leaked very much, XQ. Suppose it leaked a little bit? A. They would stop the running and fix it immed- iately ; they could not live in it; it would suffocate them. By Mr. Pact: Q. Why? A. That ammonia gas is so pungent. You cannot live in a room at all with a leak in it. You have got to stop the machine and fix it. It is a good deal worse than Philadelphia city gas, that ammonia gas, By Mr. CuEyney : XQ. Do you remember how many of these refriger- ating machines were working on the commercial box of tet. See ~ * § —E——E—_ A. Gray Kilburn. 27 the “Southwark ”’—was there more than one oF only one? A. I think there was one large machine. XQ. You are speaking generally ? A. That machine, that was all that there was on the refrigerating boxes. XQ. There was possibly a small one on the ship’s storeroom ? A. Yes, sir. XQ. And you think was larger or smaller than this : one in question ? A. I know—excuse me on that—I do not know the relative size of the two boxes. The little machine might really have been larger for the box or even smaller 1 for the box than the other machine. I do not know the i relative size of the boxes of the two rooms. : By Mr. Pav: 3 Q. I understood that you said you could not make ; any comparison without knowing the proportion of the ‘ boxes at all? A. No, sir; I could not. Q. Did you ever see this machine after it was in- stalled on the “ Southwark ?” ; A. Yes, sir; 1 saw it after it was installed on the « Southwark.” Q. What was its condition when you saw it? A. It seemed to be all right ; 1 could not give any exact date, but I saw it on the “ Southwark.” It has been removed to another boat since. sy Mr. CHEYNEY : XQ. Do you know whether that was before or after July 5, "94? A. It was after the trouble. * 4 $ rf oe AER RIM OTST UNIO SEA PTE ————— ” , "9 5h RRL PPE OE TE A. Gray Kilburn, By Mr. Paut: Q. That it was re A. That I saw it. Q. Had you seen it before? A. No, sir, Q. Was there any installation ? A. Excuse me, moved, or that you saw it? defect in construction and in the I will not Say that it was after. I was down there on the boat, and J] do not remember whether it was the second or third voyage. I could not Say as to that correctly, Q You may have Seen it before then ? A. I could not say whether I did or have seen it twice. I was down there down with Mr. Paul. Q. Was there an did not. | once and I was ything in the structure or installa- tion of that machine which was Wrong or improper ? A. I could see nothing and I examined it carefully, Q. Therefore, although you did not install it, I un- derstand you to say, that, so far as you could see, it had been properly installed and erected in that vessel ? A. Yes; if that was the machine that was on the “Alaska,” | put it up myself, J do not remember whether it was the same, | erected that myself, and now she is on another boat and they say she is giving the finest satisfaction of any one on the fleet. By Mr. Curyngy ; XQ. That is all hearsay, of course ? A. That is what the engineers say ; it but that is the reports, XQ. You do not know has been changed or oy time this accide I have not tested whether or not the erhaviled in a nt occurred, though ? A. They tell it has not, machine ny way since the RSS SS FI SL RTNREL ESTE YR PAP PREIS SI LE LP OE, 135 A. Gray Kilburn. 29 XQ. But you do not know of your own personal knowledge ? A. No, sir; I do not, only what Superintendent Doran tells me, not changed at all, simply transferred. XQ. Did you overhaul or make any substantial addi- tions from your office ? A. No, sir; never put our hands on it, and I had charge of all our refrigerating work. By Mr. Pau: Q, Is there any question of superiority between the English and American machines which you have been speaking of ? A. The American machines are of later date. Q. How long have they been used, the American machines ? A. We have been building our American machines, I think it was five years ago that we put the first machine up? Q. So that in 1894, they were only in use three years ? A. Yes, sir; if I remember right, I think it was in 1891 or 1892 I set the first machine on the “ Indiana” or my father did ; I was over in Europe at the time and he came over here to do it. By Mr. CHEYNEY : XQ. Of course, a machine may be properly construc- ted and properly installed, and yet sometimes it may not work very satisfactorily ; is not that so? A. Yes. XQ. With possibly no defect in the machine itself? A, Yes, XQ. That very frequently happens ? A. Yes. XQ. I understand, personally, you know nothing 7 156 _ 30 A. Gray Kilburn, about the temperature of the water during the voyage in question ? A. Simply from the affidavit we had from these light- house people ; that was all; they sent up the government report, JOHN F. McKERNAN, Sworn. By Mr, Pau: Q. What is your business ? A. Superintendent of the repair shops of the Inter- national Line, foot of Washington Avenue. Q. How long haye you been in that position ? A. Five years, Q. What was your business before that ? A. Sea going engineer, Q. How long did you £0 to sea? A. Sixteen years, Q. And how long as first engineer ? A. Chief engineer about ten years, Q. What is your duty with reference to steamers going to and fro from Philadelphia on that line ? A. My duty is to superintend all the repairs, examine the machinery which may be required and put the ship in good seaworthy condition as to machinery, Q. And if work is to be done by people on the ship, you also supervise that ? A. Yes, sir, Q. Are you familiar with the refrigerating machines for cooling fresh meat that were carried on the steamers of the American Line ? A. Yes, sir, Q. You know their character and structure ? A. Yes, Q. And have overhauled them and repaired them ? ~~ — eae = OPES ASSEN GLE: ELEGY PREIS LE nineteen John F, McKernan. 31 A, I did. Q. Do you remember the voyage of the steamship «Southwark ” leaving here in July, 1894, on which it was afterwards learned that there was trouble with the refrigerating machine ? A. Yes, sir; I remember that voyage. Q Do you remember when that machine had been installed on the “ Southwark ” ? A. I think that was installed about—it was in- stalled in Liverpool, that machine, they had put it in in Liverpool about, I think, it was the second voyage that the ship made ; that was in February, 1894, I think. Q. What was the weather in early July, 1894? A. Very warm. Q. Did you inspect the refrigerating machine on that occasion before she sailed ? A. Yes, sir. Q. What was its condition ? A. It was in good condition. Q. Was there anything wrong with the bonnet at the time she sailed ? A. No, sir. Q. How long before the sailing had you inspected it? A. Do you mean from the outside ? Q. Yes. A. About half an hour before she sailed. I left the refrigerating room about half an hour before the ship sailed ? Q. Was there any leak then in the bonnet ? A. No, sir. Q. Would you have known or could you have known of it if there had been? A. Yes, sir, Q. How? PSL APS LENNART ONE OY a loll of 32 John F. McKernan. A. By the smell. Q. Was there anything apparently wrong with the pump or piston? A. Nothing at all. Q. Was it working properly ? A. It was working when she left the dock. Q. Did you see the machine afterwards ? A. Yes, sir; I took it after that out of the ship, Q. How long afterwards was it taken out? A. It was taken out, I believe, last May, 1895. Q. It continued nearly a year on the “ Southwark ” afterwards ? A. Yes, sir. Q. Did the “Southwark” continue to come to this port ? A. Yes, sir. Q. Was there any change made in the structure or nature of the machine ? A. No, sir; nothing at all. Q. On what vessel was it afterwards placed ? A. It is now on the “ Rhynland,” Q. Did you put it on the “ Rhynland ” ? A. Yes, sir; I put it on the “ Rhynland,” Q. Was there any change in its parts ? A. No; we simply took the machine of the ‘South- wark ” and placed it on the dock and transferred it to the “ Rhynland ”; of course, taking part of the pipe con- nection necessary to get it out of the engine room. Q. Do you know of any trouble or reports from it on the “ Rhynland ” ? (Objected to as immaterial.) A. I do not know of any reports. I know of the reports made of the machine after it went on the “ Rhyn- land.” Q. Were they good or favorable or how ? (Objected to.) aoe 7S FES — . wert hy ye TOR FS EL POLES BRO. PSL SSE GL ET IN ILL ALO ILI TRIE LE A EI EE John F. McKernan. A. Oh, yes; very favorable. Q. Was the machinery overhauled by you any than what was made necessary by transferring it? A. If we took the pipe apart, we made a new joint with it; if we took the machine apart to take it out of the engine room, we made a new joint too. Q. Had it been overhauled by you or your shop on the “Southwark,” before it was transferred ? A. No, sir. more Cross- Examined. By Mr. CHEYNEY : XQ. Did I understand you to say that this refriger- ating plant was not overhauled on the “ Southwark ” from July 5, 1894 up to the time it was transferred to the “ Rhynland ” ? : A. No more than what would be necessary in any r event on the ship coming in. There may have been lit- tle pipe joints leaking or the brine pump or the circu- : lation pump or the engine brasses may have been worn slack, no more than any ordinary engine would take under ordinary circumstances. XQ. You are sure that was the only work done to it? 3 A. That is all I know of : XQ. Would there be work that you do not know of? A. No. XQ. Will you tell me why no perishable cargo was carried in the commercial room, why the refrigerator plant was not used on the next voyage after the one commencing at Philadelphia, July 4, 1894? A. There was meat carried on that voyage in August ; she left here on the 4th or 5th of August. XQ. Who was the engineer in charge of the refriger- ating plant on the “ Southwark ” ? a £ FOES ES ES — — ose nese OE LEELA LO: = John F. McKernan. A. The same as it is now, excepting that the repair shop is being transferred to an indepen’ent company, XQ. What do you mean by that ? A. The Internationai Navigation Company ran the repair shop themselves ; since that time it has been in the hands of the Riley Repair and Supply Company. XQ. But you were simply superintendent of the repair shop ? A. Yes, sir. XQ. And it was not your duty, when a vessel arrived in port or after she arrived in port, to go on board and see whether she required repairs or not ; was it ? A. Yes, sir; it was, XQ. What is Mr. Doran’s business ? A. Superintendent, Supervising ships; the repair list is handed to me when the ship arrives, and it is my duty, or was at that time, to meet the ship in port and confer with the chief engineer, He telling me then verbally what he thought would be required to be done, and it was my duty at that time to go down into the engine room and see for myself the state of the machinery. XQ. Do I understand that you would make repairs without regard to the instructions of the chief engineer ? A. I would make repairs, if I saw anything wrong ; I would report to Mr, Doran, and with his sanction make those repairs, XQ. What time did the « Southwark ” sail on that morning, do you remember ? A. I could not tell you the exact time, it was in the neighborhood of 11 o0’clock, XQ. What time were you in the refrigerating room ? A. About half an hour previous to that time, XQ. How do you fix that time? A. Do you mean 11 o’clock ? tac ee —— CAR ONLY MARS CUNT pRTED Ay AE MEL EES RRS . John F. McKernan. XQ. I mean at the time you were in the refrigerating room ? A. Because I was in there looking after it. I left the engine room, went around everything, the boilers and engines and came up on the top platform to where the refrigerators are, went in and looked as I always did and do yet, I looked in there. XQ. You have an indistinct recollection of having done it on that particular occasion ? A. Yes, sir; I have a recollection of that particular date. XQ. Or do you speak from what has been your habit of doing? A. No, sir; L have a recollection of that particular day. XQ. What fixes that as to your recollection at the time? A. I had my wife on the dock ; there was a little crowd of people there; I recollect saying to her when coming ashore that I had just come out of that refriger- ating room. XQ. On that particular voyage? A. Yes, sir; on that particular voyage. XQ. That is the only way you remember particularly ' that you were there a half an hour before the vessel 4 sailed ? ’ A. I am quite certain I was down there. XQ. Generally do you make repairs up to the last moment of the vessel sailing from port ? A. Not generally, but we make an examination, that . is, we go down into the engine room. Sometimes I go down for the purpose of bidding the engineers good-bye at their stations, and as a rule leave them there stand- ing by the engines when the ship is going out of the dock. Te eee on 3 ak aie an eae SG aie RRR Sa a cao Ser ? 5 AS ay 5 ERE ARN RO RIN LTE RD Pe ORS SA Ee coy eer a 8 ha nd i44 38 John F, McKernan. XQ. The engineer in charge of the refrigerating plant would be probably as apt to know about this condition at the time of the departure of the vessel from port as anyone else ; would he not ? A. He ought to. By Mr. Paut: Q. You have had your attention called to this voyage a long time since, have you not? A. Yes, sir, Q. And have spoken to me and other persons about it ? A. Yes, sir; I remember particularly that voyage on account of it being the 4th of July, and the following voyage I went down the river with the ship in August, with the cargo of beef on board at that time. I went down, knowing the trouble they had the voyage previous, to see whether all was right, and left the ship at Reedy Island, down the river. Mr. Cheyney formally objects to the engineer’s report produced, and states it is not the one called for. Deposition on the part of Respondent, taken at the office of Messrs. BrppLe & Warp, 505 Chestnut Street, on Thursday, November 5, 1896, at 3 o’clock P.M. Present ; J. RopMan Pavut, Esq., for Respondent. Horace L, Curynry, Esq., for Libellant. J. F. McKernan, recalled, sworn and examined. By Mr. Paut: Q. Mr. McKernan, will you please state a little more fully than when you were last examined exactly what your position and duties were with reference to the POND ANTES TTD - - REE PINCH eee ee . . age LORY OTE ER ANB ETERS ROHR PEP PELE VEEL LENT DIED POW here INS a 1 John F. McKernan. 39 Steamships of the International Navigation Company in July, 1894? A. I was superintendent of the repair shop at that time, and it was my business to go down in the ship as oon as she arrived and to go down into the engine room and examine the state of the machinery and see if there were any repairs to be done or reported; to confer with the chief engineer with regard to what repairs he had put in his requisition for Mr. Doran and also to examine for myself to see that everything was all right and the ship to be put in good condition before going to sea again ? Q. Did you make any other visit after that first visit about which you have spoken ? A. That was on the day of arrival ; of course, on the second day when the engine room was cooler, and * - . ; you could get a better, more comfortable idea of what FS ’ ; - or ; was required, go around and make a rigid examination : . . . ; of everything, and then the repairs were— ‘ Q. Was that a personal inspection or by deputy ? A. It was personal, And then the repairs were carried on. Then on the day of sailing it was my busi- ness to go around and see that everything was all right and the machinery in good working order and every- thing in a good seaworthy condition, Q. "Vhen you speak of “ machinery,” what do you include ? A. I inelude the whole of the machinery on the ship; that is, the main engines and the boilers and refrig- erator plant, electric lighting plant, and all the auxiliary DERE RIAN ak catia alla’ BTR CRS GREE = machinery of the ship. OTE LONE ILE, Q. When the “Southwark ” was about sailing prior ' to the Sth of July, 1894, had you or had you not made : such an inspection of her as you have stated ? eae SEE TS : bn GBR PONE TEESE SAR . . PRESS ED EFS i nossa ANNES ES RNAI —_ iGS 62 Herbert Dale Haverfield, the machine is a proper one—do you go into the com. mercial room and take the temperature there ? A. No, sir; there is a tube let down from the deck with a thermometer attached to a cord and a screw plug in the deck. You take that out ; just haul the ther. mometer up. XQ. Is that in the bow of the vessel or where ? A. One is in the after end of the room and one in the forward end of the room, XQ. Those thermometers are in the box ? A. Yes, sir, : XQ. And as the thermometer is higher or lower there, you increase the rate of the engines of the refriger- ating machines, is that so > A. Yes, sir, XQ. In other words, it is not an aute-natic arrange. ment? A. No, sir; it is not automatic. XQ. If the temperature in the room is high, it does not necessarily increase the rate t which the engines of the refrigerating machines are compelled to work—you have got to increase that as the temperature is reported to you? A. Yes, sir, XQ. You do not know where this refrigerating machine is at the present time of your own knowledge, do you? A. I believe it "in the « Belgenland.” XQ. It was not a new machine when it was put on the steamer ? A. No, sir; as far as | can remember it came out of the old « Chicago,” one of them did whichever it was. XQ. When are the temperatures of the commercial box and the ship’s provision box taken, which are recor- ded in the log—at what time of the day? i503 Herbert Dale Haverfield. 63 A. I could not say; they are taken by the refriger- ator man, who has it in charge. XQ. But you have certain times for making entries in the log? A. Yes, sir; but he made out his own log. XQ. Those are taken by the man in charge of the refrigerating machine ? A. Yes, sir. XQ. You do not know what time he took that? A. No; I could not say what time. XQ. For instance, an entry of July 14, you do not know whether that means 6 o’clock in the morning or noon or 6 o’clock at night, or when ? A. No, sir; I could not say. XQ. Do you know generally how the ship’s machine and the commercial machine compared in size ? A. One is about twice the size of the other. XQ. And is twice the power of the other machine ? A. Yes; twice the power of the other machine. XQ. About what was the size of the commercial box ; do you know? A. I could not exactly say. XQ. Where was the meat box ? A. In the after end of the engine room. XQ. Where was the engine room? A. Amidships. XQ. And the commercial box was just aft of that ? A. Yes, sir. XQ. Do you know about the size of it? A. No; I could not say. XQ. On what deck was it? A. On the lower deck. XQ. How many decks had the “Southwark” ? A, Two. XQ. She had two cargo decks ? i Se EOE ST PE PRS - . t 64 Herbert Dale Haverfield. A. No; one cargo deck. XQ. How many decks had she altogether ? A. Three decks, and the box was in the middle one XQ. Where was the ship’s provision box ? A. That was on the middle one, too, XQ. Where abouts on the ship ? A. The forward end of the galley. XQ. Where was the galley from the engine room ? A. The galley was forward, at least, on the starboard side of the boilers, above the boilers. XQ. Was that forward or aft, or where ? A. That would be forward. XQ. Some little distance from the engine room ? A. Yes. XQ. When was your attention first called to this matter ? A. On going down the river shortly after leaving. XQ. I mean since that time, when has your atten- tion been called to the circumstances ? When have you been first asked about this case ? A. I think Mr. Doran asked me the first time, some voyages after when I rejoined the « Southwark,” XQ. Do you know how long after that was ? A. Probably six months after. XQ. There was nothing in this particular voyage, or there was nothing in connection with the beginning of this particular voyage which distinguishes it from any other ; was there ? A. No, sir. XQ. And you were around the engine room gen- erally ? A. Yes, sir. XQ. Was it your watch or not? Were you on duty at the time the ship sailed ? A. I was on duty pretty near all the time. ——— ~ apa INNATE Herbert Dale Havertfield. XQ. What do you mean by that ? A. There is always some trouble going on with some of the machinery. XQ. Do you mean to say that you are on watch from one day’s end to the other ? A. [have been on watch 48 hours at a stretch. XQ. That is not general ? A. No, sir; not general. XQ You do not remember whether you were on duty at this particular time or not? A. I could not say it was my watch ; I do not think so. XQ. You are always around when the vessel sails from port, though ? A. Yes, sir; always. By Mr. Pavv: Q. Do you remember of your own recollection that this trouble did occur, or are you merely stating what you heard? A. Oh, no; I knew that it occurred, Q. Knew it yourself? A. Yes, sir. By Mr. CHEYNEY: XQ. That meat came out on the other side in pretty bad condition, or do you remember ? A. I did not consider it so bad. By Mr, Pav: Q. Did you see it? A. Yes, sir; I saw it taken out. By Mr. Cas YNEY: XQ. It was not choice meat ? A. Not that in the forward part. JAMES ALEXANDER ALDCRA FT, Sworn, By Mr. Pau: Q. What is your position ? A. Iam now fourth engineer of the “ Paris,” Q. What was your position in J uly, 1894? A. Third engineer of the “Southwark.” Q. Do you remember the voyage from Philadelphia to Liverpool the early part of July, in which there was some trouble with the refrigerating machine, the com- mercial machine ? A, Yes, sir. Q. Had you seen that machine before you left port ? A. Yes, sir. Q. And at the time you left port ? A. Yes, sir. Q. Were you on watch during any part of that time just before leaving and at the time of leaving ? A. Yes, sir. Q. Was there anything the matter with the machine so far as you could see at the time of leaving port or just before ? A. No, sir, Q. When did the first trouble with the machine occur? Can you tell us when you first knew about it? A. I cannot give you the exact date, but it was somewhere in the river. Q. What was it? A. The ammonia joint began to leak. The angle joint, and then that was tried to be remedied by driving wedges into it; and shortly after, the machinery broke down, the compression pump. They opened it up, found the connecting rod bolts broken and bent and the piston cracked, and we overhauled it and we made this joint and overhauled it, —— ee | ¢o James Alexander Aldcraft. 67 Q. After that, did it work ? A. After that it worked a short time; and we found the crank shaft bent, stopped the engine ; disconnected the shaft again and then we set it under weigh again. ‘Then it worked pretty well until we arrived at Liverpool. Q. How long did you continue on the “Southwark”? A. I was one voyage after that. Q. And did the machine work properly that voyage? A. This machine worked very well, brought it back to Liverpool again and had no trouble. Q. Had you any trouble with the prior voyages? A. No, sir; nothing particularly. Q. Could you form any idea why the leak occurred and the pump broke down on this voyage? A. The only thing I can refer that to is on account of the excessive speed we put the machinery in to keep the temperature in the box. Q. What was that due to—why did you have to have that excessive speed ? A. The sea water being warm. & Q. When you speak of sea water, do you mean water out of the river ? 3 A. I mean water outside of the ship, in the dock or 4 river, as the case may be, ’ Q. Was it warm weather then ? A. Yes, sir; very warm. : ¥ Cross- Examined. ; By Mr. CHEYNEY: ‘ . XQ. How long did you say you continued on the 4 « Southwark ” after this voyage—one other voyage ? s A. One trip, sir. XQ. Who was the chief engineer at the time this ac- cident happened ? A. Mr. Paul. y ; ia SCAN LLL, RENAE TY YD PRN PRL 68 James Alexander Aldcraft. XQ. Mr. Paul was still on the ship when you left? A. Yes, sir. XQ. Who had charge of the refrigerating machine ? A. Mr. Shinn, and I forget the other engineer’s name. He had an assistant engineer along with him. XQ. And they made all the entries which are in the ship’s log in regard to the refrigerating machine ? A. I do not know about the ship’s log. XQ. I mean the refrigerating lug ? A. They had a refrigerator log. XQ. They made all the entries? A. Yes, sir. XQ. How long had the commercial machine been running before the “Southwark ” left her dock ? A. It had been running fully twenty-four hours, XQ. Do you remember when it commenced run- ning, or do you speak of the general practice ? A.Well, I am_ partly speaking of general practice and partly by the people that put in the meat. As a general rule they come across the ice box the night be- fore leaving port before they put the meat in the box. They pass that, they go down and pass the commercial room. By Mr. Paur: Q. Do you mean take the temperature ? A. Take the temperature to see if. the box is fit to take the meat. By Mr. Cueyney : XQ. Do you remember particularly making any examination of the commercial machine before you left port or the time you left port ? A. How do you mean, do you mean the engine ? XQ. Did you go to it and overhaul it, or make any examination of it ? REX MEIER ERLE EPIL REA PRE STEDMAN _ a—— James Alexander Alderaft. A. No; I did not overhaul it. XQ. Your duty is simply to superintend ? A. Superintend over it. XQ. But you did not make any examination of it at that time? A. No, sir. XQ. Of course you are more interested in the ship’s main engine from the time you leave port, and that took most of your attention. A. Yes, sir. XQ. Do you remember when the ammonia box began leaking ? A. No; I cannot say. XQ. How long was it after you left the dock ? A. I do not know; I cannot give you any specific time. XQ. It was within a few hours afterwards ? A. A few hours afterwards. XQ. How did you attempt to reiedy that or repair it? A. By trying to drive wedges in. XQ. Was that successful ? A. Not very. XQ. But still it worked for a time? A. Yes, sir. XQ. And you then disconnected oue of the engines and commenced to make repairs ? A. Yes sir. XQ. And at that time you put in the new bonnet on the condenser ? A. Yes, sir. XQ. And what else did you do ? A. Overhauled the engine generally. XQ. And you got it, as you thought, in repair, and coupled the engine again, and shortly after you com- menced using it, you found the compression shaft was cracked ? 05 Qa ee eae 70 James Alexander Alderaft. A. Bent, XQ. And did you uncouple the engine again at that time ? A. Yes, sir, XQ. And straightened that out ? A. Took it out and straightened it. ‘ss XQ. And the machine was then in good working order ? A. Yes, sir, XQ. About how many days after leaving port was that that you finally completed the repairs ? A. Completed the repairs? I consider that would be about four or five days. XQ. And after that the machine worked satisfac. torily ? A. Yes, sir. XQ. And you had no trouble with it at all? A. No trouble, XQ. And you had no trouble with perature of the water after that time? A, No, XQ. It worked entirely satisfactory ? A. Yes, sir, the high tem- XQ. And you were able to get the temperature of the room down to the proper degree after that ? A. Somewhere about that, XQ. Of course, you do not know anything about the entries made in the refrigerator log ? A. No, sir; I only remember the job; it was a pretty warm job doing it, XQ. Where is Mr, Paul now, do you know ? A. I cannot eay, sir, XQ Do you know why he left the International Company ? A. I cannot say, service of the James Alexander Aldcraft. 71 XQ. You have not seen him since this occurred, or since you left the vessel ? A. No, sir. XQ. Were you present when the commercial box was opened—were you on the ship at Liverpool? A. I was on the ship. XQ. Were you present when the box was opened? A. No. By Mr. PAvL: Q. Did you see the meat ? A. I considered it was,in a salable state. Q. Did you see the meat before it was put in in Philadelphia ? A. Yes, sir; I seen the meat before it was put in at Philadelphia. Q. It was hot weather then, A, Yes, sir; warm weather, Q. Did you handle it at all when it was being put in at Philadelphia ? A. No, sir. Q. You do not know what temperature the meat was before it was put in the box ? A. No, sir; I do not. Q. Meats when they arrive are supposed to arrive frozen to be put on, are they not ? (Objected to by Mr, Cheyney.) A, Yes, sir, Q. You have stated that the injury to this machine probably arese from the excessive speed; do you happen to know how much above the normal speed the machine was running ? A. No; I think the machine would be running about 90 or 100 revolutions. Q. And what is the normal state ? A. Normal would be about fifty. ‘ ¥ : ® et PY 72 James Alexander Aldcraft, Q. Do you know that of your own knowledge, or are you simply telling what some one has told you? A. No; I am not telling you what some one has told me ; I am going by judgment. Q. But you do not actually know ? A. I do not actually know. Q. You cannot explain the accident in any other way than that the machine was running at a high rate of speed ? A. Yes, sir, ‘ Q. Had there been any trouble in the running of the machine from the time it was started here up to the time the leak first began ? A. No, sir; not the slightest. By Mr, CHEyney : XQ. How do you know that—there had been no trouble reported ? A. Nothing reported, and anything that occurs like that is reported. XQ. Do you see the machine from where you are working—is the machine in view ? A. It is working in your view all the time. XQ. Where is the machine in the engine room ? A. On the top platform. XQ. It was your watch at the time the “South- wark ” left the dock at Philadelphia ? A. It is no one engineer's watch; when a ship leaves port it is all the engineers’ watch, XQ. But someone is in charge ? A. The chief engineer is in charge. By Mr. Paut: Q. But you are all on duty ? A. Yes, sir, LEE LIE LLL S NOY ET SPE EE PEEL ILI PEELE EEOC EN SPID RT LE I LSS RRO es? ivJ James Alexander Aldcraft. 73 By Mr. CHEYNEY : XQ. What were you doing particularly at the time the “Southwark ” left on this voyage? A. Looking after the steam. XQ. And that took most of your attention, of course? A. Yes, sir. COMMISSION TO LIVERPOOL. (Amended Interrogatories to Gilbert Paul and _ his Answers thereto.) GILBERT PAUL being produced and examined and sworn deposeth and saith as follows : 1Q. Do you know the libellants Martin Fuller & Company, and the respondent or claimant, the Interna- tional Navigation Company, or either of them in this If so, how long have you known them ? A. I do not know the libellants Martin Fuller & Co., but I do know the International Navigation Company. I was in their employment since they acquired the steamers of the Inman Line until October, 1894, when I left their service. 2Q. What is your age, residence and present occu- case, pation ? A. Lam 46 years of age. I reside at N- 1 Keble Road Bootle in the County of Lancaster ar« ay occupa- tion is that of chief’ engineer on board the steamship “ Flavian” of Liverpool. 3 Q. Have you followed the sea, if so, for how long and in what capacity ? A. I have followed the sea from the year 1876 as marine engineer of various grades. 1S0 74 Gilbert Paul. 4Q. Were you employed on board the steamship “Southwark” in July 1894, and on the voyage from Philadelphia to Liverpool, leaving Philadelphia, July 4th 1894. And if so, in what capacity, and how long did you continue on said steamship and in the employment of the International Navigation Company. State generally how you have been employed since leaving the service of the International Navigation Company ? A. I was as chief engineer. I continued on board the said steamship throughout that voyage and to the best of my recollection the two following voyages. I was in her until I left the service in October, 1894. I have been employed in the Leland Line continuously since I left the International Navigation Company as marine engineer, 5 Q. Do you remember the breaking down of the refrigerator machinery in July, 1894? If so, state fully the circumstances as you remember them. A. After the lapse of time which has taken place it is rather hard to remember everything that occurred, Speaking from recollection now there was a little leak in the bonnet of the condenser of the refrigerating machine of the cold chamber of the “Southwark.” We got that made right and the machine was started up. We put ov the refrigerating machine of the ship’s own cold store and repaired the bonnet. On the following day the bolt of the connecting rod broke. I put the ship’s refriger- ating machine on again. After that we disconnected the machine and worked with one engine until such time as we got the broken parts repaired. It was a hard job to do as the crank shaft was bent. Of course we kept this machine working with a single engine while the repairs were being effected. The ship’s refrigerating machine was also kept going on and off on the cold meat box. Ido not remember exactly how long it took us to tdi Gilbert Paul. 75 do the repair, As I recollect it took us 9 day or two. After the repairs it worked all right, it gave no more trouble. 6 Q. Please look at the subjoinel copy (Exhibit No, 1, September 15, 1895, C. E. Hough) being extract from the Log of 8. S, “Southwark,” Voyage 5. East, for the voyage in question and state whether the single en- tries under the various heads for each day represent a single observation on each day or ap average of several observations, and if the latter how many such observa- tions were taken and at what hours ? A. The single entries under the various heads for each day represent an average of 4 observations taken ‘each day of 24 hours put I eannot say the exact times. They were taken at the same time each day and night by the refrigerating engineer, Shinn. 7 Q. Have you any explanation of the breaking down of the machinery ; if so, state it, and what if any- thing could have been done by yourself or anyone else to have prevented it? A. I cannot give any confident explanation of the break down of the machinery. It was I think a flaw in the bolt of the connecting rod, The flaw was not visible. It is boxed in, It showed no signs of anything wrong before we left. The machinery had been working for three days before we left. cooling the chamber down. No one could have done anything to prevent it. There was nothing visibly wrong with the machine. The machine was working all right. T he bonnet of the condenser had nothing whatever to do with the broken bolt. It was no indication that there was anything wrong with anything else. 8 Q. Referring to the abstract log appended and the temperatures and pressures there noted, do they indicate the cause for the breaking down of the machinery ? if so, what ? PRB GOS FW ARC SNR Pa NN Sl ee PRS PERE SELLE Oe oe IE ~ ard © PPLE ELE LS FOF ° See 6 Gilbert Paul. A. They do not. The entry for the 4th July shows the temperature when leaving the dock and we kept the whole of what we had, 9Q How had the machinery been working prior to leaving the dock at Philadelphia say for twenty-four hours or forty-eight hours, and what was the condition ' of the machinery at the time the steamer left the dock ? A. The machinery was working all right and was cooling the box down all right. The machinery was all right. 10 Q Were or were not any special repairs put upon the refrigerating machinery prior to the voyage in question? It has been stated that the bonnet of the con- denser had split prior to sailing, and that it was at- tempted to be hastily repaired without reference to the shops by the engineers on board; is this true or not? A. As far as I can recollect there were no repairs except the ordinary overhaul. It is a mistake to say that the bonnet of the condenser had been split prior to sailing. There was a slight leak occurred on the joint of the bonnet, but the bonnet on the condenser cover never was split. There was no attempt to hastily repair it before sailing as there was no leak until after we had sailed. The leak was in the joint of the bonnet after we left the dock and we put the other machine on and re- jointed it, 11 Q. Are or are not temperatures noted on the ab- stract log for July 4th excessive and of themselves suf- ficient to indicate that the machine was out of order? What effect, if any upon the machine and its workings, has the heat of the outer temperature of air and water and the heat of the meat put into the commercial box ? A. In my opinion the temperatures entered are not excessive or sufficient to indicate that the machine was out of order, especially considering the weather. Not- a ——— — PPTL ® i a ———7 Gilbert Paul. withstanding the breakdown we kept the temperature we had got. The higher the temperature the greater the strain upon the machine. I mean the higher the tem- perature of the outside air and water. The heat of the meat put into the commercial box makes it more diffi- eult to bring the temperature down. The heat of the meat when put in was 54 degrees. 12 Q. What had been the condition of the machinery during the preceding voyages and during those subse- t to the one in question while you remained on board ? A. The machinery was all right, both during the preceding voyages and during those subsequent to the one in question. There was just the usual overhaul which takes place at the end of every voyage when the machinery has been used, 13 Q. If you know any other matter or thing favor- able to the respondent — please state it without being quen especially interrogated thereto. A. I know nothing more. (Crross- Interrogatories to (tilbert Paul and his Answers thereto.) 4 1 XQ. At whose request have you presented your- | celf to be examined under this commission ? A. Messrs. Richardson, Spence and Co. requested me to present myself to be examined under this commission. 2 XQ. Were you or were you not subpened to attend before the Commissioner ? LES LOL LEE TEI A. No. é 3 XQ. How did the person requesting your attend- f ance know that you had ary knowledge on the subject ? ‘ A. He would know as he is in the employment of 4 Messrs. Richardson, Spence & Co., who are the agents for is the International Navigation Company. E 4 XQ. What conversation occurred between the said f person and yourself at the time of your veing requested to attend, or at any other time? 7 4 - SUMED WEIL PLIST) ALINE EEE a nee its LEE Sto aCe. es TE srs “¥ 78 Gilbert Paul. A. He just asked me to go and state what I knew, that was all. 5 XQ. Have you held any, and what conversation with any other persons and whom, in regard to your testimony in this cause ? A. No one at all with the exception that I to-day met the refrigerating engineer who was also going to give his evidence. 6 XQ. Have you been previously examined under oath or otherwise, and if so, when, where and by whom, on the subjects inquired of in the interrogatories in chief? A. All I can say to the question is that a gentleman, a lawyer, called upon me in Boston and asked for infor- mation concerning the case, and I told him that I was out of the company «altogether, and that I had given a full report of the breakdown of the machinery, and that whatever information he wanted to go to the Steamship Company’s office and get it. 7 XQ. Have you received any letters or communi- cations of any kind fron: the party by whom you have been called as a witness or from any person on his behalf, respecting the matters in controversy in this suit? If you answer that you have received any letters or communi- cations annex the same to your answers, A. I have not. 8 XQ. Have you refreshed your memory in any way for the purpose of testifying in this case? A. No, with the exception of the conversation I have had for a few minutes with Mr. Shinn. 9 XQ. If you answer that you have refreshed it state fully and in detail how you have done so. A. I refer to my previous answer, 10 XQ. If you have refreshed your recollection, during the taking of your deposition, by referring to any papers, memoranda books, writing of any character what- FEN REET — . - nt rE te TR Suit ake PRR pian Cera eee Pkt ate oath pe end cmt ica Sa = Bee tao) ete aR SERRE a cea) wm ER IPL TREO LIA PEE 4 nD LSD Gilbert Paul. ever, attach the same to your deposition and state when such paper, memoranda, book or writing was made and by whom ? A. The only document to which I have referred is the extract from the abstract log attached to the com- mission. 11 XQ. Have you seen the interrogatories in chief or these cross-interrogatories prior to your examinstion by the commission, or have you had the same exhibited or propounded to you by any person heretofore ? A. Not one thing. 12 XQ If you answer yes, state from whom you received the same, and by whom they were exhibited or propounded to you? A. L refer to my previous answer. 13 XQ. Have you at any time heretofore been re- quested by anyone acting on behalf of the steamship “Southwark” or her owners to testify as to the facts in use in this cause? A. L have been asked to give evidence and promised to do so. 14 XQ. If you answer that you have been so re- quested, state when and by whom, and why your testi- mony has not heretofore heen taken? A. I was requested to give evidence by Messrs, Richardson, Spence & Co., but can give no reasons why the evidence has not been taken before. 15 XQ. If you answer that you have not been re- quested to testify as to the facts in use in this cause by anyone acting on behalf of said steamship or her owners, state why your testimony has not been taken if within your knowledge ? A. It is not within my knowledge. 16 XQ. When did you join the steamship “ South- wark ” as chief engineer ? £ Seay wees ee ERS a . R aw ‘ VOMIT vw itsis) 80 Gilbert Paul. A. In the autumn of 1893. 17 XQ. How many voyages have you made as chief engineer of that steamship prior to the one commencing July 4, 1894, and upon how many of these voyages had cargoes of fresh meat been carried ? A. I had been in her as far as I recollect nine months. She would make a trip about every month, and the first two or three trips she did not carry fresh meat, though so far as I remember she did on the other occasions, 18 XQ. Name the vessels upon which you had there- tofore been employed as chief engineer, and state which of those vessels carried regular cargoes of fresh meat ? A. I had been before the « Southwark,” in the “New York,” the “ Berlin” and the “Chester.” ‘The “Chester” had salt boxes of the old style for carrying meat. The “Berlin” and the “New York” had the same class of machinery as the «“ Southwark,” and car- ried cargoes of fresh meat regularly, 19 XQ. At what date did you cease to be chief engineer of the steamship “Southwark ” ? A. In October, 1894. 20 XQ. Did you cease to be chief engineer of the steamship “Southwark ” voluntarily, or were you dis- charged by the owners of the said steamship or any of their representatives, or were you requested by them in any manner to resign or give up your position as chief engineer? If you answer that you were discharged or requested to resign, state what officer of the company so requested you, or if you left voluntarily, state to what officer of the company you handed your resignation ? A. I gave in my resignation. I left voluntarily, and handed my resignation to Messrs. Richardson, Spence & Co., the English agents for the Internationai Naviga- tion Company, —— Gilbert Paul. 21 XQ. Upon what vessel were you next employed after leaving the steamship “Southwark” and in what capacity ? A. I joined the Leyland Line Steamship “ Flavian ” as third engineer. 22 XQ. If in answer to the fourth interrogatory you have not stated in what capacity you have been em- ployed upon various steamships since leaving the service of the steamship “Southwark,” please state fully what positions you have occupied upon said vessels ? A. One trip in the “Athenian” as 3d engineer, 4th engineer of the “Armenian” for two years. After that I went 2d engineer of the “Armenian.” After that chief engineer of the “Alsatian ;’ I was two voyages in her and then I went to the “Flavian” as chief engineer, and [ now hold that position. 23 XQ. Upon what day and at what hour did you commence working the refrigerating machinery of the steamship “Southwark” for the purpose of cooling the chamber for the reception of the fresh meat cargo ? A. About three days before leaving pert. We would give 72 hours from the time we were advertised to sail, I cannot otherwise fix the day or hour at which we com- menced working the refrigerating machinery for the purposes named. 24 XQ. What officer of the vessel took the various temperatures and made entries thereof in the engineer's log of the steamship “Southwark ” ? A. The observations were taken by the refrigerating engineer and he worked out the average under my super- vision and I made the entries in the log. 25 XQ. If in answer to the seventh interregatory you say that the breaking down of the machinery was caused by the high temperature of the incoming water, state what the tempersture of that water was and how you know its temperature? 82 Gilbert Paul, A. I have never said that it was caused by the high temperature of the incoming water, 26 XQ. The refrigerator log shows that the temper- ature of the incoming brine on July 4th was 40 degrees, State whether that temperature was taken before or after the departure of the ship from the dock ? A. The entry is an average of the whole day’s obser- vations, and would, therefore, include the temperatures which must have been taken after we-left the dock. 27 XQ. State also whether that was a proper degree of temperature for the incoming brine on that day either before or after the departure of the vessel from the dock ? A. Of course, that is a little high for the ordinary working of the machine. I can only put it down to the excessive temperature, it being very hot weather and the meat when put in being at a heat of 54 degrees. 28 XQ. At what time did the vessel leave the dock, and at what. time were the doors of the commercial box, ‘in which the fresh meat was stored, closed ? A. I cannot answer this interrogatory after the lapse of time and without documents to refer to. 29 XQ. State whether the temperature of 40 degrees of the incoming brine on July 4th indicated whether the refrigerating machinery was working in a proper and efficient manner ? A. Had the weather been cooler the machinery would have got a lower temperature. 30 XQ. The refrigerator log shows that the pressure of the refrigerator gauge on July 4th was forty pounds, State whether that pressure indicated whether the refriger- ating machinery was working in a proper and efficient manner ? A. It was right except that the excessive heat we at the time was causing the machine to work at a high temperature, Had it been cooler weather the machinery would have got a lower temperature. had aL TREO F RTE ——— SSL LATA rt ‘ : “ tery Gilbert Paul. 83 31 XQ. The entry in the refrigerator log for July 4th shows that the pressure on the condenser gauge on that date was 210 pounds. State if that pressure indicated whether the refrigerating machinery was working in a proper and efficient manner ? A. That was caused by exactly the same thing by the high temperature of the weather. 32 XQ. State whether the various temperatures and pressures contained in the extract of log attached to the interrogatories, under the date of July 4th, indicate if the refrigerating machinery of the steamship “Southwark ” was then working in a proper and efficient manner ? A. It was due to the excessive heat of the weather at the time. When we got further down to cooler weather the machine cooled right. 33 XQ. Were the various degrees of temperature and amounts of pressure upon the different parts of the machinery taken while the machinery was being run prior to the reception of cargo, for the purpose of cooling the chamber, as well as after its reception and during the voyage? A. The various degrees of temperature and the amounts of pressure upon the different parts of the machinery were taken regularly, but they were not logged. 34 XQ. At what time did you or any of the officers of the vessel commence taking the various temperatures and amounts of pressure upon the various parts of the refrigerating machinery ? A. After the machine has started to cool the box down and before we get the beef at all the refrigerating engineer goes around and takes the different temperatures the same as we do at sea to see how the box is coming down. After we get to sea we take them again in the ee LS ER Ee ne 1S9 84 Gilbert Paul. a usval way. I cannot tell the exact times, They were taken four times a day. 35 XQ. State whether all the records of temperature and pressure taken from the time the refrigerating machinery commenced to work are contained in the engineer’s log? A. The average records are contained in the e log, as I have previously stated, 36 XQ. State whether it Ww duty of some officer of the y neer’s log all records during the entire machinery ? ngineer’s as not your duty or the essel to insert in the engi- of temperature and pressure taken time of the working of the refrigerating A. The average was put down, to insert all records, 37 XQ. State whether it was not duty of some officer of. the vesse neer’s log a record of an machinery of the vessel ? A. I gave a full acc pened, and all the d office. It was not my duty your duty or the 1 to insert in the engi- y and all aecidents to any of the ‘ount of the accident as it hap- etails about it in the letter to the . 38 XQ. State whether you adopted all the measures within your knowledge to put the refrigerating machinery on the steamship “Southwark ” in proper and efficient working order prior to her departure from dock ? A. I did everything that was necessary to be done in every way, 39 XQ. State whether you failed, ture of the “Southwark ” upon her voyage, to employ any means whatever within your knowledge, or to adopt any precautions which would have machinery in better working order and condition, or which would have prevented or rendered less likely the breaking down of the machinery ? prior to the depar- put the refrigerating rte eee te ott PRET GON MGUY Gilbert Paul. 85 A. Nothing so far as I know could have been done in any way to prevent the accident. 40 XQ. State the number of voyages previous to the one in question upon which the steamship ‘Southwark ” had carried cargoes of fresh meat ? A. It might be four or it might be five. I cannot say for certain. 41 XQ. State upon what subsequent voyages during your employment upon the steamship “ Southwark” she carried cargoes of fresh meat? A. She carried fresh meat for two voyages after- wards, 42 XQ. State whether the refrigerating machinery of the steamship “Southwark” was overhauled upon her arrival at Liverpool or upon her next arrival at Philadelphia. If you answer that it was overhauled and repaired at either place state fully and in detail what re- pairs were made ? : A. The machinery was overhauled in Liverpool. j The repairs that were effected are mentioned in my let- 4 ters to Messrs. Richardson, Spence & Co. The broken 4 parts that I mended at sea were replaced by new parts at 4 Liverpool. : (Signed) GILBERT PAUL. (Amended Interrogatories to WiL11AM Sunn and P his Answers thereto.) 4 WILLIAM SHINN being produced, sworn and ex- : amined, deposeth and saith as follows : : 1Q. Do you know the libellants, Martin Fuller & : Company, and the respondent or claimant, the Interna- tional Navigation Company, or either of them, in this case? If so, how long have you known them ? i 2. aes, A — LOE LE NAL MLOEL TI O CI D POTD IILE BILE EET BACT eee a “= A. I do not know the libellants, Martin Fuller & Co., but I do know the International Navigation Com- pany. I have known them for about ten years and was in their employment during that time. 2Q What is your age, residence and present occu- pation ? A. I om 54 years of age. I reside at New Brighiton in the County of Chester and am at present an electrical engineer with the New Brighton Tower and Recreation Ground Cy. Ld. 3 Q. Have you followed the sea, if so, for how long and in what capacity ? A. I have followed the sea as a marine engineer and an electrical engineer, 4Q. Were you employed on board the steamship “ Southwark ” in July, 1894, and on the voyage from Philadelphia to Liverpool, leaving Philadelphia July 4th, 1894? And if so, in what capacity, and how long did you continue on said steamship and in the employ- ment of the International Navigation Company? State generally how you have been employed since leaving the service of the International Navigation Company ? A. I was employed on the “Southwark ” on the voyage in question as refrigerating and electrical engi- neer, I joined the “Southwark” on the first voyage she came out and [ left in October or November, 1894. Mr. Paul and I left together. I left for private reasons. I have been employed on shore in work connected with electrical machinery. 5 Q. Do you remember the breaking down of the refrigerating machinery in July, 18942 If so, state fully the circumstances as you remember them ? A. I do recollect it. The first that happened was the joint on top of the ammonia condenser blowing. What is known as the bonnet joint. This happened as 86 William Shinn. FREE RR ERIE DOLE OEIC LED PME BERLE OEY PE LLP Ne Oe OT Cee re ee ED ELBA mY William Shinn. 87 we were coming down the river. We cured that and then we started up and she made several revolutions and then we heard heavy knocking in one of the ammonia pumps. We took the ammonia from there and opened it up and found the connecting rod broken. We found two bolts lying in the bottom of the ammonia pump in the dirty oil. Of course we could see the cause then. We also found the ends of the rod were torn out of the bolt hole. We repaired that as well as we could and put it together. Then we found the shaft had been strained. We could not find this out until we joined her up again and commenced to run. It had been caused at the same time. We got that out and straightened it out to the best of our abilities. You cannot do much at sea in a case like this. We got them together again and the machinery worked after that. 6 Q. Please look at the subjoined copy (Exhibit No. t, September 18, 1895, C. E. Hough), being extract from the log of S. S. “Southwark,” Voyage 5, East, for the voyage in question, and state whether the single entries under the various heads for each day represent a single observation on each day or an average of several obser- vations, and if the latter how many such observations were taken, and at what hours? A. The entries represent an average of four observa- tions taken each day. My watches morning and after- noon were from 2 A. M. to 8 A. M. and from 2 P. M. to 8 P. M., and I used to take two observations in each watch, one as near the beginning of the watch as I could. The others were taken by the man who relieved me sometimes in the first hour after the commencement of his watch. 7Q Have you any explanation of the breaking down of the machinery ; if so, state it; and what if any- thing could have been done by yourself or anyone else to have prevented it ? i > ee oy en on ann Cees > Bice. eee ET ee ee ne EY PATO NEI Se a cae ea ae ee 88 William Shinn. A. I can give no explanation of the breakdown of the machinery. It was working properly when I left. You could not see any defects in the bolts. They were all closed up. It had always worked properly up to the time it broke down. Nothing could have been done by me or by anybody else to prevent it. It was enttrc.y unforeseen, There is no connection between the leaking of the joint of the bonnet and the fracture of the bolts, After we had put the joint right she went away working all right for a few minutes and then the heavy knocking occurred, 8Q. Referring to the abstract log appended and the temperatures and pressures there noted, do they indicate the cause for the breaking down of the machinery? If so, what ? A. They do not. When you start there are heavier pressures to work against. 9 Q. How had the machinery been working prior to leaving the dock at Philadelphia, say for twenty-four hours or forty-eight hours, and what was the condition of the machinery at the time the steamer left the dock ? A. The engines had worked well. We were re- ducing the temperature for 50 or 60 hours. As you reduce the temperature the work is easier for the machine and you can afford to slow the machine down. ‘The nia- chinery was in good order when we left the dock. 10 Q. Were or were not any special repairs put upon the refrigerating machinery privr to the voyage in ques- tion? It has been stated that the bonnet of the condenser had split prior to sailing, and that it was attempted to be hastily repaired without reference to the shops by the engineers on board ; is this true or not ? A. There were no special repairs put upon the vefrigerating machinery prior to the voyage in question. Nothing beyond the usual overhaul. It is not true that = ANCES ————— SLL ELOR LEE ILE LOO LIES IIE LLL STINE EF IS NE EE 1V5 William Shinn, 89 the bonnet of the condenser split prior to sailing. Nor was it attempted to be hastily repaired without reference to the shops by the engineers on board. All that hap- pened was that there was a leak in the joint of the bonnet and that we repaired ourselves. It is quite a simple job. All that there is to do is to get the ammonia out, lift the bonnet and slip a new India rubber ring in and screw it down again. 11 Q. Are or are not temperatures noted on the ab- stract log for July 4th excessive and of themselves suf- ficieit to indicate that the machine was out of order? What effect, if any, upon the machine and _ its workings has the heat of the outer temperature of air and water and the heat of [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386019_0325%3A1. Public record. Not legal advice.