by Stan Mason
Returning to the bow of the vessel, I removed the fore-hatch immediately under which was a new hawser which had never been used and was perfectly dry. Had any quantity of water found its way through this hatch the hawser would have exhibited signs of having been wetted. It exhibited none nor did any other articles I observed there. I found a forward deck house thirteen feet square and about six feet in height above the deck. The deck house was made of thin planking painted white the seam between it and the deck being filled in with pitch. A very violent sea would have swept the deck house away. A sea of less than very great violence would have cracked the panelling and cracked or started the pitch throughout or at least in some parts of the deck. But it had not suffered the slightest injury what-ever. There was not a crack in the planking nor even in the paint, nor in the pitch of the deck seams. The port side of the deck house was divided into two cabins. The forward one extended between nine feet six and ten feet across the deck and about six feet nine inches fore and aft. The after-cabin, being on the same side, was about six feet nine inches by six feet nine inches. The forward-cabin entered by a sliding wooden door facing the bow of the ship. Close in front of the door of the forward port cabin was a seaman’s chest unlocked and at the sides of the door opposite to it was another also unlocked. Both were quite full of seamen’s’ effects of a superior description and mostly quite new. They were perfectly dry and not had the slightest contact with water. Amongst the articles I observed in one of them was a new cigar case with metal clasp not in the slightest degree rusty. It contained nothing but three gold studs set with precious stones and a razor also equally unaffected by water. I also particularly noticed a pair of new instep boots and a pair of new high foul weather boots both perfectly clean, a quadrant in its case together with a piece of chamois leather all perfectly dry and uninjured and unaffected by water. I also carefully searched for marks of mildew on all the articles particularly on the boots and the rest of the clothing but could not discover any or any other mark of water which I believe I must have discovered if the vessel had encountered any very bad weather. I then examined the after-cabin on the port side which I believe to have been the second Mate’s and it contained a seaman’s chest similar to those in the forward port cabin and containing clothes which I carefully examined, but none of which exhibited the slightest appearance of having been subjected to water. The sills of the door of these cabins rise to the height of about a foot above the deck. If water had come into either of them to an extent to have flooded them an inch in depth a great part of the clothing would have shown signs of the water none of which were to be seen. The Starboard Side of the deck house to the extent of about six and a half feet in width aft and about 3¼ feet forward comprised the ship’s galley and was entered by a sliding door on the afterside. The stove and cooking utensils were in good order and exhibited no appearance of having suffered from exposure to water. Had any quantity of water found its way into the galley it would have immediately passed out through the scuttle hole on the level with the deck near the stove or through a hole which I found in the deck near the hearth into the hold. The forward deck house was lighted by two windows on each side. Those on the port side were covered by a thin sliding shutter. The after-window on the Starboard side was uncovered. None of the shutters or of the windows were injured in the slightest degree. Some of them must have been greatly injured or wholly destroyed if the vessel had experienced very bad weather. On the upper deck of the deck house I found the remains of two sails which apparently had been split some time or another in a gale and afterwards cut up, as large lengths had been cut off with a knife or other sharp instrument, and I subsequently found what I believe to be portions of those sails.
On going aft I examined a skylight which lights both the main cabin and the Captain’s cabin. It consisted of six panes of glass on each side the whole of which had a small piece wanting. Had the ship experienced very bad weather the skylight, unless it had been covered, which it was not when I surveyed the vessel, would have been greatly damaged. The height of the cabin is increased by means of a false deck raised about fifteen inches above the deck of the vessel. The entrance to the cabin is by means of a companion through a door in the forward side and a sliding hatch. On descending into the main cabin I found at the foot of the companion an oblong piece of canvas which I believe to have formed part of one of the sails which had been split and which I had noticed on the forward house. It had been cut and fitted as a lining for a small recess to which it was carefully fastened with nails or screws and through a small brass hook apparently intended for the purpose of hanging a towel on had been carefully driven into one of the uprights. This piece of canvas had evidently been fixed there before the vessel had sailed on her last voyage. On the port side of the main cabin was the pantry entered by a door the sill of which was about an inch and a half above the level of the lower deck or floor of the cabin. On the floor of the cabin I found among other things an open box containing moist sugar; a bag containing two or three pounds of tea; an open barrel containing flour; an open box containing dried herrings; also some rice, a nutmeg, some kidney beans, together with several pots of preserved fruits, and other provisions in tins covered with paper. The whole of these articles were perfectly dry and had not been in the slightest degree injured or affected by water. On the plate- rack was another piece of canvas apparently cut from off the sails which I had observed on the forward house. It was cut into the shape of a towel for which it was apparently used. On the Starboard side of the main cabin was the Chief Mate’s cabin where, on a little bracket, I found a small phial of oil for a sewing machine in its proper perpendicular position, a reel of cotton for such a machine, and a thimble. If they had been there in bad weather then they would have been thrown down or carried away. bed place were the vessel’s ensign and her private signal W.T. The latter had been altered since it had been used. The letter W having been recently sewn on. I also found under the Mate’s bedplace a pair of heavy seaman’s boots for stormy weather greased cleaned and apparently unused and also two drawers containing various articles. In the lower drawer were a quantity of loose pieces of iron and two unbroken panes of glass which would have been broken to pieces had the Vessel encountered any seriously bad weather. In the lower drawer, were among other things, a pair of log sand-glasses and a new log-reel without any log line. The whole of the furniture and effects in the cabin were perfectly dry and in good condition. None of the articles had been or were injured or affected by water. In the cabin was a clock without hands and fastened upside down by two screws or nails fixed in the woodwork of the partition, apparently some considerable time previously.
On entering the Captain’s cabin, which is containing bottles, and various medical abaft the main cabin, I observed and examined a large quantity of personal effects. In the centre of the cabin against the partition was a harmonium in a very good condition and near to it a quantity of books mostly of a religious kind and which with the exception of a few, which I was informed by the Marshal had been removed by him out of the lowest drawer underneath the Captain’s bed place and which were damaged by water, were in excellently good condition. I found also on the floor of the cabin a little child’s high- chair in perfectly good condition, a medicine-chest preparations in good condition. The whole of which articles were uninjured and unaffected by water. The bedding and other effects were perfectly dry. They had not been affected by water and were in good condition. I am of the opinion that some not large quantity of water had fallen on the floor of the cabin through the skylight and found its way into the bottom drawer under the Captain’s bedplace. In the cabin I found one of the Vessel’s compasses belonging to the binnacle. The card of it had been damaged by water. I also observed in this cabin a sword in its scabbard which the Marshal informed me he had noticed when he came on board for the purpose of arresting the Vessel. It had not been affected by water but on drawing out the blade it appeared to me as if it had been smeared with blood and afterwards wiped
. Both the cabins were provided with lamps to be lighted by means of petroleum. They and their glasses were uninjured.
On the port side of the Captain’s cabin was a water-closet near the door of which opposite to a window imperfect covered on the outside, was hanging a bag which was damp and had evidently been much wetted by rain or spray or both coming in at the at the window. I was informed by the Marshal that upon his going on board the Vessel for the purpose of arresting her, he found the bag full of clothes mostly belonging to a lady and extremely wet. On the Starboard side of the cabins were three windows two of which intended to light the Captain’s cabin. They were covered with canvas similar to that of which the torn sails were made and apparently cut from it - the canvas being secured by pieces of plank nailed into the framework of the cabin as the third window. It was intended to light the Chief Mate’s cabin. There was no appearance of it having ever been covered and the glass was injured on the side of the cabin. Facing the bow of the Vessel was another window secured in the same manner and with the same materials as those intended to light the Captain’s cabin. On the port side there was a window which lighted the water -closet. It was Partially covered in the same manner as that last mentioned. There was a port for another window to light the pantry but it had been effectually closed up by a wood made to fit into it. Returning to the deck I found one of the pumps in good order. The valve of the other had been removed for the purpose of passing a sounding apparatus Into the well. This apparatus which consisted of a metal bolt attached to a line, was lying near and was in good order. I then carefully examined the binnacle which I found secured to the deck of the cabin between two battens. The original batten on the Starboard side had been replace by another roughly made. It was further secured by cleats on each side. The binnacle was constructed to hold two compasses and a lamp between them with a pane of glass separating the lamp from each compass. Both these panes of glass were cracked perpendicularly and apparently from the heat of the lamp only. One of the compasses was in good working condition and did not appear to have been otherwise during the voyage. The other was missing being the one which I found in the Captain’s cabin. The binnacle itself did not appear to have sustained any damage. In my opinion, it never could have been carried away by a sea which would not have destroyed it and washed it overboard. Such a sea would also have swept the decks and carried away the skylight off the cabin, the topgllant rail and stanchions and, besides doing other damage probably have thrown the Vessel on her beam ends. The whole appearance of the Vessel shows that the Vessel never encountered any such violence. I next examined the after or Lazarette hatch which is secured by an iron bar, and went into the afterhold. I found here barrels of stores and other provisions in good order and condition, and in their proper places. The whole of these would have been capsized if the Vessel had been thrown on her beam ends or encountered any violent weather. I also saw there a barrel of Stockholm tar standing in its proper position with the head of the barrel off; none of it appearance to have been used. Had the Vessel encountered any very heavy weather this barrel would have been capsized or at all events some of the tar would have been spilt, but not a drop of it had escaped. I gave directions to Ricardo Portunato, an experienced diver minutely and carefully to examine the whole of the hull and bottom of the said Vessel, her stem, keel, sternpost & rudder while I was engaged on board in surveying her, and he remained under water for that purpose for a time amply sufficient for that purpose. Having carefully weighed and considered matters, I am wholly unable to discover any reason whatever why the said Vessel should have been abandoned.
Sir James Cochrane thanked him gratefully. To him, it appeared that John Austin was the only impartial person to give evidence in the case. Everyone else had either something to hide or a salvage award to safeguard. He said:
“Thank you for such a detailed report. I am sure you have the appreciation of all parties for your precise examination of the vessel, and you leave us little doubt with regard to some matters which would have caused contention.”
It was then the turn of the diver to give a short passage of evidence, and the details of his report were read out to the Court.
“I, Ricardo Portunato, of the City of Gibraltar, Diver, make oath and say as follows:
1. I did on Monday the 23rd day of December last by direction of Thomas Joseph Vecchio, Marshal of the Honourable Court and of Mr. John Austin, Surveyor of Shipping for the port of Gibraltar, proceed to a ship or vessel rigged as a Brigantine and supposed to be the Mary Celeste then moored in the port of Gibraltar and under arrest in pursuance of a warrant out of the Hon. Court as having been found derelict on the high seas, for the purpose of examining the State and condition of the hull of the said Vessel below her water line and of ascertaining if possible whether she sustained any damage or injury from a collision or from having struck upon any rock or shoal or likewise howsoever.
2. I accordingly minutely and carefully examined the whole of the hull of the said Vessel & the stern keel, stern post and rudder thereof.
3. They did not, nor did any or either of them exhibit any traces of damage or injury or any other appearances whatsoever indicating that the said Vessel had had any collision or had struck upon any rock or shoal or had met with any accident or casualty. The hull, stern keel, stern post and rudder of the said Vessel were thoroughly in good order and condition.
4. The said Vessel was coppered. The copper was in good condition and order, and I am of the opinion that if she had met with any such accident or casualty I should have been able to discover and should have discovered some marks or traces thereof, but I was not able to discover and did not discover any.”
This left no one in any doubt concerning the seaworthiness of the vessel, and set aside any delusions of collision or danger from the ship itself. The last report did little to temper the anger shown by the Judge, and his frustration at the singular lack of progress in this investigation. He declared finally:
“I will not allow any Decree for Restitution of the Mary Celeste to her owners unless they are prepared to give bail to the Court, to answer for any claims that may be set up either by Captain Briggs or his representatives. or by the morgagee, a Mr. Hart of New Bedford, Massachusetts, or any other latent demands of which there is now no notice. The Court calls for two sureties in double the value of the Mary Celeste to answer these claims, as also the salvage claim and expenses.”
These demands caused a considerable amount of concern, especially for Captain Winchester, who was in no mood to stand security for other interested parties, notwithstanding the fact that he had insufficient money to confer. Another battle had been fought in a saga which offered little respite to any of those people involved. However, all was not over yet. George Cornwell then put Captain J.H. Winchester into the witness-box.
Cornwell: What was the cargo of the Mary Celeste?
Winchester: One thousand seven hundred and one barrels of alcohol. I saw them put on board.
Cornwell: Was there any other cargo?
Winchester: To my knowledge she had no other cargo. There was one barrel in dispute and beneath the hold were thirty tons of stone ballast.
Cornwell: That is the whole of the cargo?
Winchester: I saw it going aboard several times and saw no other cargo.
Cornwell: Who chartered the vessel?
Winchester: It was chartered by Meissner, Ackerman and Company, Merchants of New York, a respectable German firm known to me personally.
Cornwell: How well did you know Captain Briggs?
Winchester: I have known him for several years.
Cornwell: In your opinion, could he have signed Bills of lading relating to other cargo on board the Mary Celeste?
Winchester: I saw him write his name to the Bills of lading. I was acting as ship’s husband on this occasion and had there been any other cargo I should most likely have known of it.
Cornwell: Are you certain that the vessel docked in the harbour is Mary Celeste?
Winchester: I have no doubt whatsoever.
Cornwell: Did she carry a ship’s manifest when she left New York?
Winchester: I do not know.
Cornwell: Or a chronometer?
Winchester: Yes, she had a chronometer. It was a hired one found by the Master himself who sailed the vessel on shares.
Cornwell: Did she have a sextant or a quadrant?
Winchester: I don’t know.
Cornwell: May we return to the cargo again. Perhaps you can tell us more about that.
Winchester: The loading took place at Pier 44 East River about a mile from my office. I used to go there once a day. I was there on three different days during the time she took in her cargo. I do not think it is possible that there was any other cargo or bullion or other valuables on board without my knowing it but still such a thing is possible.
Cornwell: How long was Captain Briggs in charge before the Mary Celeste sailed?
Winchester: Ten or twelve days.
Cornwell: Did he take any valuables aboard?
Winchester: I don’t know - not to my knowledge.
Cornwell: Do you think that either Richardson, the First Mate, or the Captain had any venture of their own on board the Mary Celeste?
Winchester: They did not have private funds for that purpose.
Cornwell: But they might have had a venture of someone else?
Winchester: I don’t know.
Cornwell: In your opinion, would Captain Briggs desert his ship?
