J. Atkinson, an oiler, said he heard the chief engineer notify the captain at 1:15 that the 'Clallam' was making water, and to come around before the wind.
"What was the answer?" he was asked.
"I don't know," responded he, "but I know the ship could not be turner because the rudder was out of order."
"How do you know the rudder was out of order?"
"Because I repaired it before. The stalk was split and tiller would slip."
"Was it out of order that day to your personal knowledge?"
Continuing, Atkinson told of the deadlight being broken so that it would not close. He said that it had never been closed all the time he was aboard. He shipped on the 'Clallam' on September 9th.
During further cross-examination he told of three specific times when the chief engineer notified the captain of water in the hold.