The Testimony

For many years prior to 1871, successive governors had been caused anxiety by the overcrowding within the fortress of Gibraltar. By 1844, the population had risen to 15,823 when a new classification was adopted to define British and alien populations, which were 12,182 and 3,641 respectively. The former comprised 995 persons of British Isles stock - including service families - 9,802 natives and 1,385 British and native Jews. Among the aliens there were 1,892 Spaniards, 782 Genoese, 525 Portuguese and 240 Barbary Jews. The remaining 202 came from many different countries, including France and Italy. By the census of 1871, the total population had reached 18,695, although cholera epidemics affected numbers from time to time.

The opening of the Suez Canal in 1869 did not result in rapid commercial developments in Gibraltar and the period until near the end of the century.....when the naval harbour was built.....was not particularly prosperous. Consequently, the pattern of existence on the Rock was motley and uninspiring. Lieutenant-General Sir George Don was appointed Lieutenant-Governor in 1814, and it was he who built many famous monuments, such as the Alameda Gardens, the Exchange Building, the Civil Hospital (now St. Bernard’s Hospital), and the Law Courts. Nearly all the activity in the nineteenth century occurred in Main Street, and Sir George decided to build the Law Courts there to allow easy access for those who wished to see justice carried out. After 1830, the Courts were closely related in style and practice to the English Courts, and on Wednesday the eighteenth of December, 1872.....five days after the arrival of the Mary Celeste.....the Court was assembled to hear the salvage claim by the crew of the Dei Gratia. But there were other important issues to be pursued in this case - including the possibility of mutiny, murder and conspiracy. The eyes of the world would be on Gibraltar and the result would depend on the skill of the law.

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?

Deveau: No, he didn’t. But it seemed to have hit him hard. In normal circumstances a salvage ship is a gift from Heaven, and you don’t hesitate when the opportunity comes. In this case, the Master appeared very concerned and he seemed unable to make a decision.

Sir James: Surely he had a public duty to bring the vessel into port?

Deveau: Not necessarily. His prime task is for his men and his ship. If he considered that either would be endangered by efforts to bring in the Mary Celeste, his duty would be to continue to his destination and report to the authorities.

Sir James: Then Captain Morehouse delegated the decision to yourself and the rest of the crew. What was the decision?

Deveau: We resolved eventually to bring her in. It was unanimous.

Sir James: And did Captain Morehouse accept the decision of the men, even though he considered that there could be danger to his own ship through under-manning?

Deveau: He agreed to abide by the decision of the men.

Sir James: In your opinion, was Captain Morehouse a good Captain?

At this juncture, Henry Pisani, the Advocate and Proctor for the Captain, owners, officers and the crew of the Dei Gratia, got to his feet to raise an objection.

Pisani: I object to this line of questioning which is leading us nowhere. We have heard how the First Mate reported to his Master after returning from the Mary Celeste and the democratic method adopted by Captain Morehouse when the lives of his crew were at risk. There is no reason to cast doubt on his method of decision-making which was both fair and reasonable.

Deveau: I would like to answer that question in any case, Captain Morehouse is a good captain.

Sir James: If you were the Captain would you have made the same decision that he did, to let the crew determine what should be done?

Deveau: No, I would have split the crew and brought in both ships. After all, we weren’t that far from land.

Sir James: How many Captains do you know who would hold a referendum on a major issue such as this?

Deveau: I can’t answer for other Captains.

Sir James: No, of course you can’t. But it would be difficult for you to deny that it is not the usual custom. What was agreed after the decision to take in the Mary Celeste?

Deveau: The Captain gave me two men, the small boat, a barometer, compass and watch. I took with me my own nautical instruments and whatever food our steward had prepared.

Sir James: At what time did you board the Mary Celeste for the second time?

Deveau: It was about 4 p.m.

Sir James: So you saw her at about 1 p.m., some miles off, caught up and boarded her about 1.30 p.m. You returned to the Dei Gratia at say just after 2 p.m. and went back some two hours later with stores and provisions, instruments and so on. What did you do next?

Deveau: We hoisted the boat on deck, pumped out the water and took charge of the vessel.

Sir James: You became the Master with the assistance of Wright and Johnson, who no doubt by now was acquainted with the situation.

Deveau: I was Master but Augustus Anderson and Charles Lund were the two men I took with me.

Sir James: Were these men chosen by you in preference to the other two seamen?

Deveau: I couldn’t take the Second Mate because the Dei Gratia would be without any officers under Captain Morehouse. And Johnny Johnson would have been a handicap in an emergency because he couldn’t understand English properly.

Sir James: But what difference did it make? I mean both vessels were seaworthy and you were not too far distant from land. Why should you take two different men? Did you hold a vote or ballot to determine who should stay and who should go?

Deveau: No, it was entirely my decision to take these two men. They are both good seamen.

Sir James: There was a lot to do on the Mary Celeste, I presume. A lot to do to get her in order.

Deveau: I found a spare trysail which I used as a but it took me two days to set things right so as to proceed on voyage to make any headway.

Sir James: Where was the Dei Gratia during this period?

Deveau: The Master held her up so that contact was made every day. We spoke to each other on three or four occasions, and we proceeded to Gibraltar. There was fine weather at first until we got into the Straits, when it came on a storm, so that I dare not made the Bay, but laid to under Ceuta and afterwards on the Spanish Coast to the east. We arrived there on the morning of the thirteenth December.

Sir James: The Dei Gratia had already docked a day earlier.

Deveau: Yes, we kept company until the night of the storm when I lost sight of her.

Sir James: Did you realise the nature of the cargo of the Mary Celeste?

Deveau: I went between the decks and found barrels marked ‘alcohol’ on the head of them. I checked this with the Mate’s book, whereby it appeared he had given receipts for a number of barrels at a time. Fifty, a hundred, and so on.

Sir James: Is there anything else you would like to say about the Mary Celeste or its condition? About the sails, the windows or something else?

Deveau: Not really, except that the cabin, which was a deck cabin, had all its windows battened up, and I also found the sounding-rod on deck alongside the pump.

Sir James Cochrane concluded by covering some old ground again for a while but found himself making no progress. Ultimately, he allowed Frederick Solly Flood, the Queen’s Advocate and Proctor to cross-examine Deveau.

Flood: When did you say you left New York on the Dei Gratia?

Deveau: I left on the fifteenth November.

Flood: When did the Mary Celeste leave New York?

Deveau: I believe she left eight days before us.

Flood: How did you know that?

Deveau: I examined her Log and I think she left eleven days before us. Eleven or more or less.

Flood: Now which is it to be Mr. Deveau, eight or eleven, or more or less?

Deveau: I cannot remember. I cannot say what number of days she left before us.

Flood: Did you find the Mary Celeste a good ship when you took control?

Deveau: Yes, she was a fair sailer.

Flood: Just that?

Deveau: I could not call her more than a fair sailer.

Flood: How would you describe the Dei Gratia?

Deveau: She’s a fair sailer too.

Flood: Supposing both vessels were equally well founded, manned and sailed, which ship would be the faster?

Deveau: In my opinion, the Mary Celeste would have been faster than our own ship.

Flood: I see. Did you see any other brigantines on your voyage?

Deveau: We spoke to one other in passing. She was bound for Boston, but we didn’t see any other vessel of a similar class on our outward voyage.

Flood: Therefore, the first time you could have seen the Mary Celeste was at the beginning of December. Where was your ship on the 24th or 25th November?

Deveau: I do know we were to the north of the other vessel.

Flood: Can’t you be more positive than that?

Deveau: We were between Latitude 40 degrees and 42 degrees.

Flood: How do you know you were north of the Mary Celeste at the end of November?

Deveau: From seeing her track traced on her chart.

Flood: Did you sight St. Mary’s Isle?

Deveau: We did not sight St. Mary’s Isle during any part of our voyage.

Flood: What is the Latitude or Longitude of St. Mary’s Isle?

Deveau: I don’t know without seeing a chart.

Flood: Come now, Mr. Deveau. You are an experienced seaman! How come you cannot answer such a simple question?

Deveau: I have made only one voyage from New York to Gibraltar before, and did not sight St. Mary’s then. I was never at St. Mary’s - never saw it.

Flood: As an experienced seaman was it not possible for you to be able to land at that Island?

Deveau: I think I could enter St. Mary’s by help of charts and sailing directions as well as any other port to which I have not been.

Flood: Let us turn now to weather conditions which prevailed between the fifteenth November and the twenty- fourth November.

Deveau: We had stormy weather most of the time of our passage. Most of the time very heavy weather. Everything was battened down, and during that time we never took off our fore-hatch since we sailed.

Flood: How many hatches are there on the Dei Gratia?

Deveau: Four. The fore, main, aft and lazarette. The main hatch was off for one hour perhaps.

Flood: How many hatches has the Mary Celeste?

Deveau: Only two - the fore and main besides the lazarette.

Flood: But the cabin of the Mary Celeste is slightly raised above the upper deck.

Deveau: About two feet above.

Flood: Can we revert to the condition of the masts and rigging?

Deveau: The topgallant masts and topmasts were all up. She had foreyards, two topgallant and foreyards and two topgallant royal yards. The royal and topgallant sails were furled, and the running rigging of those sails were all in proper place.

Flood: Which rigging was out of order?

Deveau: The braces on the port side were broken; the starboard lower topsail brace was broken; so were the main peak halyards and the gear of the foresail. They were all broken, and the clew-lines and buntings gone.

Flood: In which direction was the Mary Celeste headed when you first saw her?

Deveau: Her head was westward when we first saw her, and she was on a starboard tack.

Flood: She was deserted and there was no one at the wheel. Was the wheel lashed?

Deveau: No.

Flood: Did you consider that the wheel gear was good once you took control?

Deveau: Yes, it was good.

Flood: As a result of a free-running wheel, would the vessel not come up to the wind and fall off again?

Deveau: Not with her foresails set. With the sails she had when I first saw her she might come up and fall away a little, but not much.

Flood: Are you saying, in your opinion, the ship would always keep those sails full?

Deveau: It would always be moving at a fast rate; although there was no one at the wheel to direct her.

Flood: Yet she was caught by the Dei Gratia which had left New York some eight or eleven, or more or less, days after the Mary Celeste had departed. How do you account for that fact?

Deveau: I cannot.

Flood: In which direction was the wind when you first saw the Mary Celeste?

Deveau: The wind was north. There was not much wind then though it had blowed heavily in the morning.

Flood: Are you able to suggest the trend of currents in that area of the Atlantic Ocean?

Deveau: I am not acquainted with the currents, but we allow for a current to run easterly.

Flood: Always easterly.

Deveau: Well, the currents there depend very much on the winds.

Flood: How did you determine the exact location at which you found the other ship?

Deveau: The first point I made when I could take my bearings by sight was Cape St. Vincent which I knew from my Latitude. I compared my dead reckoning with the place I supposed St. Vincent and found myself out of reckoning.

Flood: By how much?

Deveau: Perhaps ten miles or so. I was in advance of my reckoning.

Flood: Very well. We have determined the wind, the currents and the direction of the ship when first sighted, how did she continue ahead of you until you caught up with her?

Deveau: The sheet was fast on the port side and, as I said she was found on the starboard tack. As such, wind would entirely govern the tack on which she was at the time.

Flood: But both vessels were heading in the same direction.

Deveau: Both were going one way, although one might be on the port tack and the other on the starboard tack on the same day.

Flood: You mentioned that a spar had been lashed across the boat davits. Were there any spare spars on the decks of the Mary Celeste?

Deveau: None whatever.

Flood: Can you explain why a spar had been lashed there?

Deveau: Where there is no boat on the davits in the stern there is often a spar lashed to keep the davits steady. In this case the spar was lashed through the sheave-holes.

Flood: What did this spar prove beyond doubt?

Deveau: That there had been no boat there.

Flood: How many boats had the Dei Gratia?

Deveau: Two.

Flood: But the Mary Celeste - with ten people aboard against eight on your ship - appears to have had only one.

Deveau: The Celeste had no accommodation on deck for two boats. One could see where the boat had been lashed across the main hatch but that was not the right place for her.

Flood: Were any lashings visible?

Deveau: No.

Flood: Therefore you cannot swear that the Mary Celeste had any boat at all?

Deveau: No, but there were two fenders where the boat would be lashed.

Flood: Assuming there was a boat, was there anything to show how the boat was launched?

Deveau: No.

Flood: When did you enter the cabin after boarding the vessel?

Deveau: Within a few minutes of sounding the pumps.

Flood: What was on the table there?

Deveau: The Log Slate.

Flood: Did you notice any preparations made for eating in the cabin?

Deveau: No.

Flood: Therefore no meal was being eaten and to all intents and purposes the table was clear.

Deveau: There was plenty to eat. The rack was on the table but no eatables. There was nothing to eat or drink in the cabin on the table, but preserved meats in the pantry. The knives and forks were also in the pantry. The galley was in the corner of the forward-house. All the utensils such as pots, kettles, and the like, were washed up.

Flood: What did you notice about the food in the galley?

Deveau: There were no cooked provisions. I saw a barrel of flour with one-third gone. She had, I should say, six months provision on board.

Flood: Did you take your own food from the Dei Gratia or use that on the other ship?

Deveau: We used the provisions found on board the Mary Celeste, including meat and potatoes.

Flood: Then it is highly unlikely that the Master or crew of that vessel were affected by the food. Now the binnacle, the box in which the ship’s compass is kept, was injured Can you tell us something of that?

Deveau: It was injured when I went on board, but I fixed it and used it on our way here. The glass was broken and the binnacle was washed away from its place. It was lashed on the top of the cabin above the deck. Being a wooden one, the lashings had given way. One of the cleats was gone. But I set it back again.

Flood: Would you say that the binnacle could have been broken in the normal course of operation and the compass washed overboard?

Deveau: It could have been that way. I found a compass on board afterwards.

Flood: Afterwards?

Deveau: I didn’t find it until I went on board the second time. It was the cabin compass in the Mate’s room. But that wasn’t the one which rested in the binnacle.

Flood: Did you find any wine, beer or spirits on the ship?

Deveau: None whatsoever.

Flood: Is that usual?

Deveau: It depends on the rules laid down by the Master.

The Queen’s Proctor stopped momentarily at this juncture. He was clearly irritated that no definite progress was being made to pave way for a solution to the mystery. Without any doubt, Deveau was the prime witness. It was he who had visited the Mary Celeste - he who had boarded her again to take her in. If anyone could provide clues with regards to the whereabouts of Captain Briggs, his wife and child, and his crew, one hardly needed to look further. But how to elicit such evidence was proving to be very elusive.

Flood: Mr. Deveau, you claim that you accidentally wiped clean the Log Slate. What had been written on that slate that you didn’t wish to become known?

Deveau: Nothing!

Flood: Do you consider your action extremely careless in the circumstances that prevailed?

Deveau: I would prefer to say unfortunate.

Flood: Very unfortunate. One wonders how many other ‘unfortunate incidents’ occurred from the time you boarded the Mary Celeste until she was impounded here! You told the Court that Captain Morehouse did not recognise the Mary Celeste when he first saw her. Did you not consider that rather strange?

Deveau: We were so occupied with the Mary Celeste I didn’t think about it.

Flood: Captain Morehouse was looking through the glass at the Mary Celeste. He thought he saw something strange about her. Why did he call you on deck? Does he always call you on deck when another vessel was sighted?

Deveau: I think he felt that something must have been odd about the Mary Celeste.

Flood: Indeed! He could see the sails, the masts and the shape of the cabin - yet he didn’t recognise her. Did he turn to you and say: “I think that Looks like the Mary Celeste” or some such phrase?

Deveau: No, he didn’t.

Flood: Then he either didn’t recognise her or he pretended not to recognise her. Either he has a very bad memory or there are other reasons which this Court will find in due course. Now, let us turn to another matter. When you first boarded the Mary Celeste you instructed Johnson to remain in the boat. You claim that he was left there in case urgent assistance was required.

Deveau: That’s right.

Flood: And Second Mate Wright was immediately despatched to attend the rigging. On reflection, do you not consider your actions a trifle odd. Here we have what is tentatively a ghost ship. No sign of anyone on board. No one at the wheel. A strange set of circumstances. Is it not normal in such cases for people to investigate such situations together in case they need to help one another - even to give each other confidence?

Deveau: I’m not a man frightened by ghosts. In my opinion, no one was about so I took appropriate action.

Flood: But you were not certain of that fact at the time. You see, had you suggested that you kept Johnson and Wright away in case yellow fever was a possible cause of absence of the Master and crew it might have been accepted, but you have failed repeatedly to submit any such response. You had no idea what you would find yet you told the others to keep away and made the investigation alone. What was the real reason, Mr. Deveau? Was there someone on board that you didn’t want the others to see?

Deveau: Of course not.

Flood: Then why the secrecy? Why keep them all away? We shall see wha evidence the others provide us with later on, but I warn you that I am not satisfied. You actually examined charts your found under the bed in the very brief time you were aboard. In fact you took less than half an hour to sound the pumps and do all that was necessary - and still examined the charts from under the bed.

Deveau: I probably stayed on board about an hour.

Flood: In that case you could not possibly have reboarded her by 3 p.m.

Deveau: It must have been 4 p.m. then when I returned.

Flood: There appear to be many inaccuracies in your story but searching under beds and examining charts left there seem to warrant as actions of the least priority and hardly acceptable under the circumstances. Even more incredible is your account of the way the decision was made on whether to take in the Mary Celeste for salvage or not. You state that Captain Morehouse was concerned for the crew and for his ship. In my opinion, most seamen would give their eye-teeth to lay their hands on such a vessel. Did you not show anger when the Captain hesitated with his decision?

Deveau: I was very angry. I felt that we could split the crew and earn ourselves a handsome award.

Flood: You argued with him and he still refused to budge. What did you consider with regard to his attitude - that he was acting over-cautiously?

Deveau: Perhaps.

Flood: Indeed, I realise that you are still employed by Captain Morehouse outside the walls of this Honourable Court. You see, Captain Morehouse must have known that the crew would insist on bringing the other ship to port. Why was he so loath to agree? Was it because he wanted to appear loath to bring her in? Did you take writing materials with you when you first boarded the Mary Celeste?

Deveau: No.

Flood: Then, in your state of mind, and with all the things that had to be done, it appears remarkable that you could recall so accurately all the items and instruments required which you took with you. You chose Anderson and Lund to go with you the second time. Were these men your friends? Did you go to different places together in New York?

Deveau: Yes, as a matter of fact we did.

Flood: Did you go anywhere with the Second Mate or Johnson in New York?

Deveau: No.

Sir James Cochrane intervened eventually to state: “Before the close of the day, I would like to re-examine the witness.” His opportunity arrived in due course and he continued questioning Deveau.

Sir James: Mr. Deveau, was the Mary Celeste Listing when you boarded her?

Deveau: The vessel was perfectly upright whilst I was on board.

Sir James: Was there any evidence that she had been on her beam ends at any time?

Deveau: I saw no signs whatever to induce me to Believe that she had been on her beam ends. If she had, her hatches would have been washed off.

Sir James: Suppose she had been thrown on her beam ends and her hatches had all been closed?

Deveau: She might have righted again without her cargo shifting, or without showing any indication.

Sir James: What is your opinion with regard to abandonment?

Deveau: My idea is that the crew got alarmed, and by the sounding-rod being found lying alongside the pumps, that they had sounded the pumps and found perhaps a quantity of water in the pumps at the moment and, thinking she would go down, abandoned her. The pumps would be sounded, perhaps, every two hours or four hours. In order to make entry in the log of ‘pumps carefully attended to’, the pumps should be sounded every watch, or every four hours. If the vessel were leaky, more often. The fact of finding the vessel with only four feet of water when I boarded her, shows that she made little or no water - about one inch in 24 hours, and therefore I conclude that all the water found in her went down her hatches and through the cabin.

That was the end of the proceedings of the first day. The Court was adjourned to Friday the twentieth of December, 1972, much to the relief of First Mate Deveau. Nevertheless, there were many inns location in Main Street where, with his mates, he could drown his sorrows.