by Stan Mason
The first session began with ‘The Queen, in Her Office of Admiralty Against the Ship or Vessel supposed to be called Mary Celeste and her cargo proceeded against as a derelict’. Queen Victoria was represented by Sir James Cochrane, Knight, and Commissary of the Vice-Admiralty Court of Gibraltar. Of the others, Edward Joscelyn Baumgartner acted as Registrar; Frederick Solly Flood was Advocate and Proctor for the Queen in Her Office of Admiralty; Henry Peter Pisani, Advocate and Proctor for David Reed Moorhouse (Captain of the Dei Gratia) and also for the owners, officers and crew of the brigantine claiming as salvors. There was also George F. Cornwell of Lincoln’s Inn, London, Proctor for the claimants of the Mary Celeste, and Martin W. Stokes, Proctor for the claimants of the cargo.
Oliver Deveau was the first witness called and he was duly sworn in after entering the witness-box. He showed no signs of nervousness or strain, turning his weather-beaten face towards the examiner and looking highly presentable for once with his beard being well-combed.
Sir James: Mr. Deveau, you were aboard the vessel Dei Gratia during the latter part of November and in early December?
Deveau: Yes, sir.
Sir James: What is your rank or title on board the Dei Gratia?
Deveau: Chief Mate.
Sir James: Where did you embark?
Deveau: At New York. On fifteenth November. She was bound for Gibraltar.....for orders.
Sir James: What do you mean ‘for orders’?
Deveau: We were to dock at Gibraltar and then learn of our destination.
Sir James: As Chief Mate were you privileged to possess such information?
Deveau: I didn’t know of our destination after Gibraltar; only that we were to collect our orders on arrival.
Sir James: You misunderstand me, Mr. Deveau. I meant that you were privileged to know you would receive further orders on docking at Gibraltar.
Deveau: The Dei Gratia is a small ship. There are few secrets.
Sir James: Would you say that your relationship with the Captain, as Chief Mate, was a close one?
Deveau: Captain Morehouse and I got on quite well. The same as any other ship.
Sir James: Was this the first time you sailed with him?
Deveau: Yes, it was the first time.
Sir James: Therefore, you were not really well-known to each other. A senior sailor enlisted by a Master for a trip. Have you always been a sailor?
Deveau: Ever since I was a child.
Sir James: An experienced seaman. Would you call yourself an experienced seaman.
Deveau: I would.
Sir James: And after many years at sea you have reached the position of Chief Mate and no further.
Deveau: No, sir. I have had a command of my own before and, in fact, the Mary Celeste was brought in under my command.
Sir James: Really! Having been the Master of a vessel some while ago you signed on as Chief Mate of the Dei Gratia. Why did you do that?
Deveau: It is not always easy to become the Master of a vessel. In many cases you need money to buy a share in the ship.
Sir James: You do not have the money to purchase a share?
Deveau: It’s not that. You see, ships of sail are going out of fashion to steamships. Each year there are more and more seamen and less sailing ships. There is no real shortage of Masters.
Sir James: Nevertheless, there are still very many sailing ships in operation and a man with money or credit could probably purchase a share in a vessel to become the Master. Is it not true that a man with a good reputation could obtain a sum of money under mortgage for the purchase of a share in a vessel?
Deveau: Yes, he could.
Sir James: But you didn’t - even though you had been a Master before. When did you sight the derelict Mary Celeste?
Deveau: On fifth December - sea time, at about one o’clock in the afternoon.
Sir James: Can you explain the term ‘sea time’?
Deveau: Well, the date changes every day at noon, and that is sea time.
Sir James: Although you pronounce the date as the fifth of December sea time, to a land-lubber it would be only the fourth of December. Is that correct?
Deveau: I would not disagree with that.
Sir James: What happened at that time?
Deveau: I was on watch below when the Mary Celeste came into sight. The first I knew was when the Captain called me and said there was a strange sail on the windward bow.
Sir James: A strange sail. Were those his actual words?
Deveau: Yes.
Sir James: Tell me, was the Dei Gratia not lying next to the Mary Celeste in New York Harbour during October of November last?
Deveau: They were close to each other.
Sir James: It is believed that Captain Morehouse and Captain Briggs were extremely friendly. Did you ever see Captain Morehouse visit the Mary Celeste?
Deveau: Well, I didn’t actually see him board her but I knew on one occasion that he and Captain Briggs were going back there to talk of one thing and other.
Sir James: As a result of Captain Morehouse’s friendship with Captain Briggs and his probable visit to the Mary Celeste while she was docked in New York, do you not consider your Captain’s words rather strange? ‘There was a Strange sal on the windward bow.’ According to your testimony they were his actual words. Yet he saw her on occasion and knew what she was like. Did the vessel not have two decks built instead of sporting the original one?
Deveau: Yes.
Sir James: She was a hermaphrodite brig with two decks, if I am correct. Is that not rather unusual against the many barques which traverse the Atlantic?
Deveau: Not that unusual.
Sir James: But sufficient for an experienced Captain to notice. What did you do after Captain Morehouse called you?
Deveau: I came up on deck. He told me she was apparently in distress and requiring assistance. I looked through the glass at the vessel and came to the same conclusion.
Sir James: In your estimation, how far off was the Mary Celeste at that time?
Deveau: I would say about four or five miles.
Sir James: What action was taken then?
Deveau: The Master proposed to speak to the to speak to the vessel in order to render assistance if necessary. We had to haul wind for the purpose, which we did.
Sir James: Do you know your exact position at that time?
Deveau: By my reckoning we were 38 degrees 20 minutes North latitude and 17 degrees 15 minutes West longitude by dead reckoning on our own ship. We hauled up to the vessel and hailed her but There was no answer because no one was aboard.
Sir James: When you first looked at her through the glass, why did you come to the same conclusion as Captain Morehouse.......that the vessel was apparently in distress?
Deveau: The masts were good and the spars all right, but the rigging was in very bad order. Some of the running rigging had been carried away. It was gone completely. The standing rigging was all right, although the upper foretopsail and foresail was gone, apparently blown away from the yards. The lower foretopsail was hanging by the four corners but the main staysail had been hauled down and was lying on the forward-house, loose, as if it had been let run down. The jib and foretop staysail were set, the rest of the sail being furled.
Sir James: What was the weather like at that particular time?
Deveau: The sea was running high, the weather having been stormy, though then the wind was moderating. The Master seemed very surprised and I can’t say whether it was he or I who proposed to lower the boat, but one of us did so, and a boat was launched and I and two men with me went in her to board the vessel.
Sir James: Who did you take with you?
Deveau: John Wright, the Second Mate, and John Johnson, an able seaman.
Sir James: Did those two men accompany you because you selected them for the task, or were they chosen by Captain Morehouse?
Deveau: No, it was the Master.
Sir James: The three of you rowed across to the Mary Celeste and boarded the vessel.
Deveau: Well yes, we rowed across to her but John Johnson remained in the boat. He didn’t come aboard.
Sir James: Why not? Surely, the three of you went across and it was important for all of you to board her?
Deveau: We hoped that someone was aboard, and if they needed help we could get them to the boat quickly. So Johnny Johnson held the boat ready. I boarded the vessel and the first thing I did was to sound the pumps which were in good order.
Sir James: Did you not search for a sign of the Master or the crew before anything else?
Deveau: Yes, I did, but it was easy to see that there was no one aboard.
Sir James: Where was the Second Mate while you were sounding the pumps?
Deveau: He was attending the rigging.
Sir James: Did he not accompany you?
Deveau: Not until I called him about ten minutes later.
Sir James: Did he attend the rigging at your suggestion?
Deveau: He did. It needed urgent attention.
Sir James: But you did not help him?
Deveau: There might have been someone needing assistance in the cabin. We couldn’t both secure the rigging.
Sir James: Indeed. What was your conclusion on the pump-well?
Deveau: I found three feet and a half of water in the pumps on sounding them. The pump gear was good, but one of the pumps was drawn to let the sounding rod down. There was no place to let the rod down without drawing the box, as is often the case in a small vessel.
Sir James: Was there any obvious damage to the vessel - other than the rigging?
Deveau: I found the fore-hatch and the lazarette-hatch both off..........
Sir James: The lazarette-hatch?
Deveau: It’s a low, headroom space below the main deck on the after part of the vessel, where provisions and spare gear are stowed. The binnacle was stove in and there was a great deal of water below decks. The forward-house was full of water right up to the coaming.
Sir James: Where is the forward-house on this vessel?
Deveau: On the upper deck.
Sir James: How did the water get in there?
Deveau: The skylight of the cabin was open and raised. I found everything wet in the cabin in which there had been a great deal of water. The clock was spoilt by water and the compass in the binnacle was destroyed. I found all the Captain’s effects had been left; I mean his clothing, furniture and personal articles. I judged that there had been a woman on board and the bed was just as they had left it. That and the other clothes were also wet.
Sir James: What else did you find?
Deveau: There were the Captain’s charts and books; a number of them, all in the cabin. They were contained in two bags under the bed, while two or three loose charts were on the wall over the bed.
Sir James: Did you find any charts on the table?
Deveau: No.
Sir James: What about the Log Book?
Deveau: I found that in the Mate’s cabin on his desk. The Log Slate was on the cabin table.
Sir James: Is that a normal occurrence, for the Mate to have the Log Book?
Deveau: It depends on the Master of the vessel.
Sir James: Did you examine the last entry in the Log Book?
Deveau: There was an entry up to the 24th November, and one on the Log Slate dated the 25th November showing that they had made the Island of St. Mary.
Sir James: What other entries were there on the Log Slate?
Deveau: I didn’t observe the entry on the slate the first day and made some entries of my own on it.
Sir James: Will you divulge the details written on the Log Slate?
Deveau: Unintentionally. I rubbed out the entry when I came to use the slate.
Sir James: You erased the evidence of the last day or possibly the last hours of the crew of that ship?
Deveau: It was unintentional.
Sir James: Do you realise how vital is that evidence? Whatever made you do it?
The question was rhetoric and hung in the air for what seemed to be an indeterminable period until the Queen’s representative decided to continue.
Sir James: Did you find the ship’s register or other papers concerning the ship?
Deveau: No, I didn’t find them; only some letters and account books.
Sir James: Did you not find this book in my hand....the Mate’s note book.....on investigation?
Deveau: Yes, that’s the Mate’s note-book.
Sir James: Will you tell the Court how you know it was the Mate’s note-book?
Deveau: I examined it and found entered receipts for cargo and so on. There was also the Mate’s chart.
Sir James: What else was in the Mate’s cabin?
Deveau: There were two charts. One under the bed and on hanging over the bed.
Sir James: What was marked on the chart over the bed?
Deveau: One of them showed the track of the vessel up to the 24th November but I am not positive whether the chart with the ship’s track marked on it was found above or below the Mate’s bed.
Sir James: Did the cabins have an appearance of great disarray as though something strange had occurred?
Deveau: There seemed to be everything left behind in the cabin as if left in a hurry, but everything in its place. In the Captain’s cabin, I noticed the impression in the Captain’s bed of a child having lain there. There were a great many other things in the cabin that had been left there. Too many for me to mention them all.
Sir James: But everything was wet.
Deveau: Yes. Everything was wet. The skylight was not off but open; the hatches were off and the cabin was wet, although it had no water in it. The water had naturally run out of it.
Sir James: In your opinion, was this situation caused solely because the skylight was raised or the result of natural disaster, however minor it might have been?
Deveau: There was no disaster. Everything would have been dry if the skylight had been secured.
Sir James: Tell us more about the condition of the Mary Celeste.
Deveau: The hull appeared to be in good condition and nearly new. The masts were good and as I said before some of the running rigging had been carried away. She was seaworthy and almost new and the anchors and chains were all right.
Sir James: And the life-boats?
Deveau: There were no boats. Nor were there any davits at the side.
Sir James: Did she use davits?
Deveau: No, she didn’t. It appeared as if she carried her boat on deck. There was a spar lashed across the stern davits so no boat had been there.
Sir James: Thus far, you had boarded the vessel, searched the cabins on your own, sounded the pumps, examined the documents and charts, and then presumably, returned to Second Mate Wright who was attending to the rigging. Did the Second Mate actually enter the cabins?
Deveau: Yes, he did. Just before we left I called him and he came to look around. He sounded the pumps as well and then returned to the Dei Gratia.
Sir James: What did the Second Mate say to you about the absence of the crew. Did he mention salvage to you, or you to him?
Deveau: He was surprised about the crew, but we considered that we would get a salvage reward.
Sir James: Therefore, you returned to the Dei Gratia and reported to Captain Morehouse. What was the reaction of the seaman waiting for you in the lifeboat?
Deveau: Johnny Johnson doesn’t speak much English. He’s a Lithuanian so we couldn’t explain it to him.
Sir
James: What happened on your return to your ship?
Deveau: I was excited at finding a salvage ship and told the Master how I could take her in with just a couple of men.
Sir James: How did this conform which his views?
Deveau: He was very hesitant. He told me well to consider the matter as there was a great risk and danger to our lives and also to our vessel.
Sir James: Did you agree with him?
Deveau: Well, there’s always a risk in everything at sea, I grant you that. But there was no more risk than usual. We would be a bit short in crew on both ships but as we would go in together it was unlikely that any serious risks would be taken.
Sir James: How far away from land were you at that time?
Deveau: In my estimation, a distance of about six to seven hundred miles but I had not made out the exact distance then.
Sir James: Well, then you are in the eastern part of the Atlantic Ocean with a derelict vessel close by, choice for salvage, looking almost new, apparently abandoned by its Master and crew, and your Captain warning you that there was a great risk and danger to your lives and vessel. What did you do next?
Deveau: We consulted amongst ourselves and the crew, and resolved to bring in the Mary Celeste.
Sir James: Did you consult with Captain Moorhouse before you consulted with the crew, or was this a general meeting?
Deveau: The Master and I discussed the matter after I returned from the Mary Celeste and, as the dilution of the crew to man both ships was risky he suggested that it was a matter to be put to the crew as a whole.
Sir James: He was not delighted, therefore, to bring back a prize for which he could claim a salvage award.
Deveau: On the contrary. He seemed very concerned about the whole thing. I mean Captain Briggs was an old seamate of his, and suddenly he had disappeared for no good reason.
Sir James: Did Captain Morehouse make any remarks about the Captain or crew of the Mary Celeste?
