James Berry was alongside Captain Haff on "Volunteer" in 1887 and then again on "Defender" in 1895. In 1895, there was a controversy which was brought before the New York Yacht club. Shown below is an excerpt from the proceedings at which Captain Berry testified.
I, WYNDHAM THOMAS WYNDHAM QUINN, EARL of DUNRAVEN and MOUNTEARL do solemnly and sincerely declare as follows:
I am the managing owner of the yacht Valkyrie and on the 28th August One thousand eight hundred and ninety five, I arrived in New York for the purpose of racing against the Defender for the America cup. On the thirty-first August One thousand eight hundred and ninety-five, I was on board of Yalkyrie in the Erie basin. Defender came into the basin and lay close to us for some time previous to going into the dock that being the first occasion on which I had an opportunity of seeing her in smooth water and close to, I observed her very closely and carefully noticed her trim, her line of immersion and general appearance. I again saw the Defender on sixth September when she was in the Erie Basin for the purpose of measurement.
I was then on board the Valkyrie and the vessels occupied relatively the same positions as on the thirty-first of August. I noticed at once that the Defender was floating much lighter than when I saw her on the thirty-first of August.
I myself carefully looked at the port side of the Defender the starboard side being next the Quay and so not visible and I specially noticed an outlet hole about midships which was just cut by the water a little above the base. The hole was rather more than an inch in diameter. I also distinctly noticed the line of bronze plat ing and also the bobstay bolt. Mr. Watson was on board Defender before she was measured and immediately on his return from the Defender he also pointed out to me the pipe hole and the bronze plating and the bobstay bolt indicating the flota tion line of the Defender and we both distinctly saw them.
Both yachts lay inside Sandy Hook on the night of the sixth and I slept on board the City of Bridgeport which lay a short distance from the Valkyrie.
I noticed Hattie Palmer lying alongside the Defender.
About half past six in the morning of the seventh September I was awakened by Mr. Glennie who requested me to come up and look at Defender I looked at her carefully through a pair of glasses and I was convinced that she was lying deeper in the water than when measured. At that time the Hattie Palmer was lying alongside Defender and remained until about nine o'clock when I went in the Gig to put Mr. Henderson on board the Defender as my representative.
I then inspected the Defender with great care to see whether the pipe hole and other marks which Ihad previously observed were in the same position as when she was measured.
The outlet hole on the Port side was nowhere visible above the water and in my judgment and belief the line of bronze plating and the bobstay bolt were nearer to the water than when she was measured. Judging from the fact that the pipe hole was immersed and by the position of the bronze plating and bobstay bolt I came to the conclusion which I still believe to be a true conclusion that the vessel was immersed three or four inches deeper in the water than when she was measured.
I also looked carefully at the general trim of the Defender. She was lying true on the water and had no list to port or starboard. In forming the aforesaid conclusion I also took into account the general appearance of the Defender and her trim in addition to the other mat ters before mentioned.
I then returned to the Valkyrie and just as we were towing out to the start Mr. Latham Fish a member of the Cup Committee came on board as the representative of Defender. I immediately stated to him that I was sure Defender was not sailing on her measured length but was more deeply immersed. I further stated I was positively cer tain Defender was sailing at least a foot beyond her proper length and I gave Mr. Fish my reasons for that conclusion.
Mr. Fish asked me what I wished to be done. I said that I wished the Committee to put one of their members or some reliable representative on board each of the yachts immediately after the race and that they should be reraeasured the same evening if possible but that if that were impossible that the representatives of the Cup Committee should remain on board the Yachts until re-measurement took place. I also asked that the Load Water Line should be marked on both ships externally so as to be plainly visible and that the Committee should take any other steps they thought desirable to insure that the Yachts should not exceed their Load Water Line length when racing.
Mr. Fish promised to lay my complaint and requests before the Committee and I undertook to put him on board the Committee boat immediately after the race for the purpose of doing so. I told Mr. Glennie and other Gentlemen on board the yacht what I had done.
I immediately after the race put Mr. Fish on board the Committee Boat for the purpose of lay ing my complaint and requests before the Commit tee and I waited with Valkyrie for a short time near the Committee Boat but I received no com munication from the Committee and as it was getting dark and as Defender had already been towed away to Bay Ridge I went there also with Valkyrie and the City of Bridgeport. The Hattie Palmer was lying alongside Defender that night also. Both vessels were remeasured on the following afternoon and their load Water line was found to be the same as when originally measured the Load Water line was.
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declaration Act 1835.
Declared at No. 11 Ely Place
Holborn in the County of London
this 10th day of December 1895.
Commissioner of Oaths.