Page 4 - British Inquiry into Loss of RMS Titanic Day 10 -13

MR. W. D. HARBINSON (instructed by Mr. Farrell) appeared on behalf of the third-class passengers. (Admitted on application.) MR. ROBERTSON DUNLOP watched the proceedings on behalf of the owners and officers of the s.s. “Californian.” (Leyland Line). (Admitted on Application.) MR. H. E. DUKE, K. C., M. P., and MR. VAUGHAN WILIAMS (instructed by Messrs. A. F. and R. W. Tweedie) appeared as Counsel on behalf of Sir Cosmo and Lady Duff-Gordon. (Admitted on Application.) The Commissioner: Mr. Attorney, I am reported to have made some observations last evening - and I have no doubt I am accurately reported - with reference to the Assessors who sit with me, and who are of such great assistance to me. What I said appears to be open to misconstruction. I did not mean to convey that the Assessors were not a necessary and a most proper part of the Tribunal; all that I intended to convey was that I thought that I could, when occasion required, proceed without the whole of them being here. The Attorney-General: Yes, I understood your Lordship’s reference to be in consequence of the necessary absence on public duty of Commander Lyon. The Commissioner: Of Commander Lyon, who desired to be away on Monday. The Attorney-General: I think it would be better subject to your Lordship’s view, that we should proceed at once to the recall of Hendrickson. The Commissioner: Very well. The Attorney-General: It would be better than going on with the witness we had yesterday in the box. The Commissioner: You know better than I do. Mr. Duke: If your Lordship pleases. As Hendrickson is to be recalled, I ask your Lordship’s leave, on behalf of Sir Cosmo and Lady Duff-Gordon, to appear here to ask some questions of Hendrickson with regard to his evidence as it affected them. The Commissioner: I think that is right, Mr. Attorney? The Attorney-General: I have no objection. The Commissioner: Apparently the evidence may be taken as casting some sort of reflection on those people. The Attorney-General: It will probably be convenient, as my friend Mr. Duke is here, that we should decide what should be done with regard to the evidence directed to this point. Your Lordship will remember there were seven of the crew in the boat, including Hendrickson. We have them here. Your Lordship will remember that there were two ladies in the boat and three male passengers, including Sir Cosmo and Lady Duff-Gordon. In regard to the crew, we have all the seven here. It may or may not be necessary to call them, but they shall be in attendance, and I propose certainly to call - I state this for the information of my friend - so that he may know what I am going to do - to call the man who was in charge, Symons or Simmons, after Hendrickson; and then there was another able seaman on the boat whom I will call, and one of the firemen. Then there are some other firemen, trimmers, and, if necessary, we will call them. That would exhaust the crew. But as my friend Mr. Duke is appearing, of course, he is in a much better position to know what Sir Cosmo and Lady Duff-Gordon will say than we are, as we have had no communication with them and no proof, and it would be better, I suggest, although I do not mean in the slightest degree to insist upon it, that my friend should call them and that we should ask any questions that may occur to us in order to elucidate the point at issue, instead of our calling them. I do not really care which of us does it, only he has the material and we have not. Mr. Duke: May I say to your Lordship with regard to that, that before Sir Cosmo and Lady Duff-Gordon returned they communicated with the Board of Trade that they would be present to