Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-ninth Congress, Part II

Sir F. Bruce to Mr. Hunter

Washington, May 16, 1865.

Sir: I have the honor, at the request of the governor of the Bahamas, to forward to you, for the information of the United States government, copies of the report and evidence in the case of the wreck of the United States schooner J. L. Gerrity, which was run ashore by her master on one of the Bahamas on the 5th of April, and to beg that you will have the goodness to communicate the same to the owners of the schooner, and to such other persons as it may concern.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

FREDERICK W. A. BRUCE.

Hon. W. Hunter, &c., &c., &c.

[Untitled]

Bahama Islands, New Providence, On the 12th and 13th days of April, 1865.

In the matter of the loss of the American schooner J. L. Gerity, Thomas Knapp, master stranded on Great Stirrups cay, within the Bahama islands.

Report of Edward Barnett Anderson Taylor, esquire, police magistrate of the island of new providence, and one of her majesty’s general justices of the peace in and for the said bahama islands.

A formal investigation into the cause and circumstances attending the stranding and abandonment of the above-named vessel, on or near the southeast point of Great Stirrups cay, having been held by me, and having associated with me the honorable John Pinder as assessor, and now, in conformity with the requirements of the 28 Vic. chap. 14, and further, in obedience to the instructions conveyed in the colonial secretary’s letter, of date 4th April, by direction of the governor, have the honor to forward herewith a copy of the evidence taken in the above case, with the opinion I have formed on the same.

The J. L. Gerity was registered at Gloucester, in the State of Massachusetts, in the United States of America, built in 1854, 77 tons and some odd fractions, fore-and-aft rigged, owned by Humphrey Clarke Knapp, (brother of the master of the J. L. Gerity,) residing in Boston, United States of America, but carrying on business at Gloucester, 30 miles distant, and extensively engaged in the fishery business.

The J. L. Gerity left Boston, United States of America, on the 6th day of March last past, bound to New Orleans, one of the said United States, laden with a cargo of mackerel in kits and half barrels, codfish and potatoes, and with a deck load of lumber, drawing nine feet of water. Besides the master, Thomas Knapp, she carried one mate, three seamen and one cook—six all told. She was insured against all risks, but the particular company or companies in which insured is not here known. On the second day out, having moderate weather, with a westerly wind, she sprung a leak, obliging the master to seek the port of New London, in the State of Connecticut, United States of America, when she was placed on the ways, examined and caulked, at a cost of $150 or £30. Having been considered fit for sea, she left that port on the 19th day of March in further prosecution of her voyage, light westerly winds blowing. That on the 20th, at 8 p. m., the wind shifted to S. S. W., gradually freshening and becoming cloudy; that on the 21st the wind incressed and shifting to S. E.; that on the 22d the wind further increased and shifted to S. W., a heavy sea running. The J. L. Gerity then labored and became strained by reason of the heavy seas which swept her deck and started the deck load, which was thrown over to lighten and ease her; that she was found to be leaking badly; that the weather still continued bad on the 23d, when it was found the vessel was leaking 800 strokes an hour; that the vessel was then in the Gulf; a drag was constructed, which they attached to the vessel; that the master then bore up for Bermuda, but was driven by the wind and drifted by the current to the eastward of that group; that the gale lasted five days, the wind shifting to the west,, veered to north, when the weather became moderate; that on the first of April the vessel’s course was changed to S. W., intending to make Hole-in-the-Wall, or Abaco light; that the vessel still was very leaky, but was always kept free by the exertions of the men; that Abaco light was made at 3 o’clock on the morning of the 5th April, bearing S. W. by W. and the light passed at six o’clock; that the course was then changed to W. by S. and that the master’s purpose was then fixed to run the vessel ashore when some proper place could be found, which he states was some part of the Stirrups cay; that from the time of passing the Abaco light-house and the vessel’s being put ashore, there was no communication with the shore, by signal or by gun; that her course after a while was changed to W. N. W., which she kept until she was run ashore on the southeastern point of Great Stirrups cay, on dangerous ground and among breakers; that around the point, on the sheltered side, was lying the licensed wreckings schooner Bob, Albury, master, with a crew of twenty men, who, as soon as the vessel went ashore, put off with eight of their number in a boat, and reached the stranded vessel in about ten, minutes after she had struck heavily, and boarded her, took charge of the cargo and saved it, in conjunction with the services of some men, the crews of two small sail-boats, and by the two light-keepers at Great Stirrups cay.

These appear to be facts which may be accepted, and in which, the master, mate,, and crew agree; but there is one material point in the evidence given by the master of the stranded vessel which is not fully corroborated by the mate and crew, and which has an important bearing on this inquiry.

The master, Thomas Knapp, frankly and openly avers that he put his vessel ashore intentionally, to save the lives of the crew and to save the cargo. The necessity which compelled him, as he stated, to do this, was the frequent murmuring of the crew at the work imposed on them of pumping the vessel, and again peremptorily refusing “in a body” to pump any more, just one hour after leaving the light-house, about 8 o’clock on the morning of the 5th of April.

Now, it is admitted by both master and mate, and crew, that the vessel could be kept free with only one pump going.

William Wallace Cotterell, seaman, shows that his watch turned in at 12 o’clock midnight of the 4th April, and never was disturbed until 4 o’clock, the period for relieving the watch. That he came on deck at 4 o’clock, took his “trick” at the helm, and afterwards pumped. That before the J. L. Gerity struck on Great Stirrups cay, he had “sucked the vessel out,” meaning, as he afterwards stated, that the pump sucked. That had he known that a port was as near as Nassau was to him, on passing Abaco light-house, he would and could have worked at the pump longer. That he never, after passing the light-house of Abaco on the morning of the 5th of April, renewed his complaint about pumping, nor did any of the crew. That they all left their safety to the captain, who promised to put them on shore “the first opportunity.”

It must be borne in mind that the vessel was then, at the time of passing the Abaco lighthouse, at 6 o’clock on the morning of the 5th April, running at the rate of six knots an hour, with a brisk N. E. wind aft, fair for the port of Nassau; that she could be kept free; that Nassau was then only distant forty-two miles; that Stirrups cay, the place uppermost in the mind of the master to beach his vessel, was thirty miles distant, only twelve miles less distant than Nassau.

That the course in passing Abaco light was southwest by south; soon changed to west by southland subsequently, at a later period of the forenoon, to west northwest, when the vessel was hauled up for Berry islands.

It is just here that Captain Knapp betrayed a want of judgment which seems wholly irreconcilable with the plainest dictates of duty. In reply to a direct question, “Why, in passing the Abaco light-house with a clear day before you, did you not continue your course, kept free as your vessel was, and make the port of Nassau, then only six or eight hours from you, making, as you were, six knots an hour, instead of bearing down for the Berry islands, and then hauling two or three points to the wind to reach Stirrups cay, which was almost equidistant from the Abaco light?”

In answer, the master replied: “The reason I did not make for Nassau, instead of Stirrups cay, was because I considered I had passed the port, and I had no sail to beat up. I never thought of Nassau. I thought I could proceed to Key West, but owing to the representation of the sailors, I changed my determination, and then wished to put the vessel ashore.”

The absurdity in supposing that he had to beat up is shown by his previous statements and by the entries in the log of the vessel; by the facts that there was a strong northeast wind blowing dead aft, as fair as could blow for Nassau. It will be remarked that the absurdity of the reasons were almost as quickly weighed as announced, for the master immediately says, “I never thought of Nassau.”

On referring to the evidence of the mate, it will be seen that he states that after passing the Abaco light the intention was to proceed to Nassau. The log was kept by the mate; the entry under date 5th April is thus:

“This day cumes in with 10 a. m. fresh winds, couddy, 2 a. m. two pump going, 3 a. m. made Abaco light baring S W.W dis. 16 miles Jibed main sail and Run for it, 6 a. m. Pased Abaco light, 9 a. m. men came to Captain and Refused to Pump anymore and Captain concluded to Run her ashore, the fussd Convenant place to save life and Propertoy, Shaped cours for Berry Island, 11 a. m. made Berry Island and Run along shore to git a place to land.

“So end This done.”

There is also this last entry in the log:

“6th day of April 1865. This twenty four hours cums in with fresh winds and clear 1 A M Run vesell ashore on Sturap Kea. Vesell Pounding Heavy Wreckers came on Bord and went at work on Carge as fast as they could to save it.”

The contradiction between the statement of the mate before me and the record in the log is extraordinary. The master states that the log is made up by the mate.

With respect to the “log” of the J. L. Gerity or of that part which affects to contain a record of the daily occurrences happening in that vessel at sea, I would remark that the daily entries are not signed by the master, mate, or by any other person, nor by the master’s statement is it made imperative by any law federal or State, nor is it customary. The master states that he occasionally read and approved of these entries; that since his arrival he has read and approved of the whole. A journal in such a state can be little depended on.

Another strong feature in this case, evincing want of judgment and an indefensible neglect of ordinary precaution, even of safety of life at the time when it was to be obtained by the sacrifice of the vessel, was the extraordinary part of the shore chosen for running the vessel on shore.

Some time before selecting a spot for his vessel, and while running past Great Harbor cay and making for Great Stirrups cay, the master of the wrecker Bob could be distinctly seen over the land near the point marked A, in a rough sketch of the two cays mentioned, hereto annexed. On opening points A (Great Stirrups cay) and B (Great Harbor cay) the hull of the wrecker was seen by all on board of the J. L. Gerity lying under the lee of the point “A,” sheltered. The distance between points A and B is 4 1/2 cables, or a little less than a quarter of a mile. Midway between these points is a channel with at least 20 feet water, through which the J. L. Gerity might have gone to seek the shelter the wrecker sought, in what is called Great Harbor. The master admits that he did not refer to any chart. In reply to the question, “Why did you not seek the anchorage pointed out to you by another vessel lying there, and which was indicated so clearly on the chart?” he replied, “I knew there was smooth anchorage near the light-house, but I did not wish to anchor and sink.” But your vessel could be kept free? “My men were fatigued, and I had promised them that I would put her ashore.”

Captain Knapp was not a stranger to the difficulties which beset the mariner in his passage through the various channels leeward of New Providence. He had for years, before the civil war in America, traded between Boston and New Orleans, commanding square-rigged vessels. By his own admission he was, eleven years ago, in command of the ship Pontiac, which vessel was wrecked on the Great Isaacs just before the dawn of day, in, as he admits, fine weather.

The particular cause and circumstances attending the wreck of the Pontiac are unknown to me. It may have been one of those overwhelming accidents which surprise the most guarded and skilful mariner; but familiarized as Captain Knapp must have been with the charts of the locality, it does seem surprising that, jointly with his effort to save life and cargo, he had not thought of saving his vessel, the J. L. Gerity, by bringing her to anchor alongside of the wrecking schooner Bob, then lying sheltered, and of there seeking the aid and advice which Captain Albury, under the circumstances, would have tendered, and which it was his duty and his mission to give.

It is just here that, in my opinion, the master erred. I do not say criminally—considering that he was the judge of the necessity—but he exhibited a want of firmness and judgment indispensable for the command of a vessel under difficulties. Had he put plainly before his men that, with a little more exertion, he would put them safely in the port of Nassau, he would have satisfied them, for, in the course he took, he appears to have been influenced by their fears, not his own; for he says, “I thought I could have proceeded to Key West.”

I do not wish to make any invidious comparison between the mercantile marine of my own nation and that of another as powerful and as enterprising; but if the American government would set up a machinery similar in its powers and scope to that which rules the marine department of the board of trade in England, where honesty and skill are rewarded by the impress of its authority and protection—I mean the “certificate system,” which guarantees to the ship-owner that the person he employs possesses the requisite skill and judgment, and which frowns on the possessor of such certificate, and either suspends or wholly cancels his license, should unskilfulness be shown, or the want of that judgment which ordinary foresight, common prudence, and proper calculations would always insure, in fact a system which would establish a check against those multiform abuses which, wearing not exactly a criminal complexion, have no effectual statutable guards against their commission—wrecks and other casualties would be much less frequent in these waters.

The conduct of Captain Albury, wreck-master, and that of his crew, seems to have been exemplary. He had arrived the evening before from Harbor island, and saw the J. L. Gerity go ashore under the difficulties occasioned by a heavy sea; he boarded that vessel within ten or fifteen minutes after she went ashore, and saved the cargo and brought it to this port.

I cannot forbear expressing my opinion on the prominent services given by the light-keepers at Great Stirrups cay, in the salving of the cargo.

About one hour after the vessel struck, they arrived at the scene in a boat and found Captain Albury and his crew at work on the cargo. It appears that they both worked at the wreck during the day, and through the night at intervals.

On principle, I think that no light-keeper should be permitted to work at a wreck, except in cases of extreme necessity in the saving of life. If, by day, he fatigues himself by working at a wreck, he incapacitates himself for his night watch. To be absent at any time from the light-house during the lighting period, would be to jeopard much shipping constantly passing that great highway. The saving of one cargo, whatever be its value, would be nothing compared to the risks which passing ships would encounter by the dimness of the light, owing to want of that constant attention in trimming, &c., the lamps, &c., or, perhaps, in the total extinction of the light. The light on the evening of the 5th of April must have been left for some periods during the night to irresponsible hands. The assistant keeper seems to have been at the wreck all night. Even if the principal had been at his post, it was wrong for the assistant to be beyond his reach or call. Light-keepers should not be permitted to share in any salvage, in any case whatever, or, at least, without the sanction of the governor, on a statement of the special circumstances.

E. B. A. TAYLOR, Police Magistrate.

I concur.

JOHN PINDER, Assessor.

In the matter of the loss of the American schooner J. L. Gerity, stranded and abandoned at Great Stirrups cay, Bahama islands.

Copy of evidence taken on inquiry into cause and circumstances attending loss of above vessel on the 12th and 13th of April, A. D. 1865, before Edward Barnett Anderson Taylor, esquire, police magistrate for New Providence, and the Hon. John Finder, associate, assessor.

Thomas Knapp:

I am or was the master of the American vessel called the J. L. Gerity, of the port of Gloucester, State of Massachusetts, in the United States of America. I left Boston on the 8th day of March last past, sea time, bound to New Orleans; started with wind north. I now produce the log-book. The wind shifted; the vessel became leaky the second day out, and we put her into New London, in the State of Connecticut. The cargo was mackerel, codfish, and potatoes, principally mackerel, and a deck load of lumber; the weather was not heavy. A carpenter surveyed the vessel; she was put on the “ways” and thoroughly overhauled at a cost of one hundred and fifty dollars; the seams were open. She was built in 1854. This is my first voyage. Her tonnage is seventy-seven and some fraction of another ton; she is fore-and aft schooner rigged. Three seamen, one mate, and one cook, and myself, in all told. The name of the owner is Humphry Cooke Knapp; he resides at Gloucester; he is a brother of mine. We left New London on the 19th of March, in prosecution of the original voyage to New Orleans. I started with a westerly wind; kept the wind twenty-four hours, when it shifted to the south; nearly calm, light winds. A strong breeze the third day sprung up. I had to cross the Gulf; about half way across the wind shifted to southwest and blew a gale, and I had to reef; had not been long reefed, double reefed, when I had my foresail and mainsail blown away; a heavy sea on; started my deck load, and she began to leak. I had no control over her; she strained in the trough of the sea and I was obliged to throw the deck load overboard to ease her. I made a “drag” with some lumber and hove her to with it. I was half way across the Gulf. I should have abandoned her if I had met a vessel. She was leaking; her chain bolts had started by reason of the rolling. I scudded three or four times to get out of the Gulf. I tried to fetch Bermuda, the wind being now west; I steered southeast, considering it would bring me to Bermuda. I could not take an observation. The third day came up, when the breeze was so strong, sea washing the deck, I could not steer a course I wished; the current sent me far east; when I got out of the difficulty I got a northeast wind; was then 500 miles from Abaco. I was trying to make for it, still intending to prosecute my voyage to New Orleans. I sighted Abaco at 3 o’clock on the morning of the 5th instant, wind still keeping northeast; six o’clock passed Abaco, shaped my course for Stirrups cay. About 8 o’clock the men in a body came to me and said they could not pump anymore; the ship was not seaworthy, and they wished me to run her ashore. She could be kept free. I said if I got a good place, and could save the cargo and lives, I would put her ashore. I went on; sighted land about 9 o’clock, or between 9 and 10, on the port bow; saw no light; followed the land along, taking it to be Berry islands, until I made the light at Stirrups cay, when I made it at 11 o’clock; at 1 o’clock I saw a smooth place, a cove, apparently not much sea, I thought it best to run her ashore, the wind still fresh and strong, and I did put her ashore—light bore about northwest, distant about a quarter of a mile. This was day time. The rate we were going was about six knots. There was a heavy sea. I had to haul two or three knots to the wind in order to get to Stirrups cay. The reason I did not make for Nassau, instead of Stirrups cay, was because I considered I had passed the port and I had no sails to beat up. I never thought of Nassau. I thought I could proceed to Key West; owing to the representation of the sailors, I changed my determination, and then wished to put the vessel ashore. I never saw any of the inhabitants, or a house along shore. It never occurred to me to lay to, send a boat ashore, and get hands to keep her free and bring her to Nassau. When I put the vessel ashore the sea was heavier than I thought; there were breakers on each side of me; we were not in the breakers; made no soundings; ran her within thirty feet of the shore. I had not been there ten minutes when shore people, women and men, came on the beach; could not get aboard. Before I beached the vessel I saw a vessel bearing from me south, distanta half a mile from me, at anchor. I only saw the mast, about southwest of me. I was midway between the light-house and the vessel; I did not know what the vessel was. I was boarded by Captain Albury, who represented himself as the master of the vessel in the distance; he boarded me in ten minutes of my going ashore. I did not sound at all with any view; my object was to get the vessel up against the land to save the cargo. The schooner drew nine feet water loaded with deck load. Alter deck load was thrown over she was drawing about eight feet water. Captain Albury stated he was a licensed wrecker, and I placed the vessel and cargo in his hands to save. He set to work breaking open hatches; he had six men beside. Captain Albury took away six loads in his boat (kits mackerel) round to his vessel. He was two or three hours doing this. Sea became rougher, tide fell, and the boats could not come nearer; my crew did not assist in saving. The light-house keeper, Captain Moore, came down and made one trip to Captain Albury’s vessel with a load of mackerel; he was prevented from getting more; his boat was stove, and made an agreement between themselves as to the proportion they should save. I made agreement; wrote it for Captain Moore; purport was that each should share equally. I had no part in it; it was dictated by them and they signed it. I had no gratuity or a promise of anything for this service. The cargo was then, during the remainder of the day, carried ashore and carried over the island; shipped off through the night. I left about 8 o’clock and went to the light-house, the light-keeper’s house; crew went up, slept in assistant light-keeper’s house; next morning, five or six o’clock, returned to the vessel, which was broken in two; there were rocks astern and rocks ahead—a hard bottom; she bumped very hard. The cargo was all taken out except seven or eight hogsheads of fish, pollock and hake. I met two little sloops at anchor next morning; they loaded one full and the other partially with metal off the bottom of the vessel. I abandoned the vessel after remaining at Stirrups cay from Wednesday until Sunday. I left in the schooner Bob, Captain Albury, with my crew. We arrived here on Sunday at one o’clock, wind was with us; left at five o’clock in the morning. The schooner was insured against all risks. I was told so by my brother. I do not know if the cargo was insured; it was part freight; my brother had a third or half; there were three or four other shippers. I have the bills of lading. Between my making Abaco and my putting my vessel ashore I had never communicated with the shore, directly or indirectly, by signal or verbally. Captain Albury appeared to have good control over his men. There was good order maintained while saving the cargo. I noticed that when the heads of the barrels of potatoes fell out and the potatoes came out, they would not take them up, but went to something else. Captain Albury told me that it would be useless to save them after they got wet. Captain Albury washed to cut the rigging, but I remonstrated with him and said it should be lifted. He said it was usual; on my refusing to allow it to be done he lifted it. None of the wreckers appeared drunk. The ship’s hatches were not open until Captain Albury arrived, who opened them by his crew.

There were twenty barrels of potatoes put on the deck, which was immediately below the hatches; these were placed on deck and placed aside, and the mackerel lying next was got at; the potatoes were saved and carried ashore. The cargo has been saved in a good condition and all brought to this port. I gave no distinct order about the cargo being brought to Nassau, but I know it was to be delivered here; none is now sold. Mr. Darling is the agent. I selected Mr. Darling as my agent on the recommendation of Mr. Jackson, agent for American underwriters. I made no agreement about salvage at Stirrups cay; left it to be settled at Nassau; none has yet been awarded; none has yet been claimed. At this present moment the actual amount to be given is unknown to me.

No portion of the salvage to be awarded has been offered to me directly; my duty is to get the smallest amount of salvage; but if the wrecker could afford to make me a present I would take it. I have had no talk with my men, nor have I promised them, either directly or indirectly, anything; their wages has not as yet been paid. I do not know in what company insurance the vessel is insured, nor to what amount. My brother is in the fishing business and owns five or six vessels of this class of the Gerity. I have four years before the war traded between Boston and New Orleans in square-rigged vessels. It is eleven years ago since I was at Nassau, New Providence; I commanded the Pontiac, which was wrecked at the Gingerbread Ground, at a time when six or seven other vessels were wrecked. I was waiting for morning to go round the Isaacs, and before it dawned I got on the rocks. It was fine weather, assorted cargo, bound to New Orleans. She was insured, so also cargo. Cargo brought to this port transshipped to New Orleans; ship was a total wreck. In small vessels like the J. L. Gerity it is not customary to have spare sails. The agreement I drew up between Captain Albury and Captain Moore was given by me to Captain Albury. The vessel could be kept free, and was kept free from water, up to the time of my putting her ashore. I know there was smooth anchorage to the northwest point near the light-house, but I did not wish to anchor and sink; I wished to save the cargo.

The assistant light-keeper I left at 8 o’clock on board, and walked with Captain Moore to the light-house; he introduced me to his family and stated that he was going back again. He left; when he returned I don’t know, but when I got up in the morning he called out from his room next to mine, “Well, captain, we will go back again; we got her out last night.”

THOMAS KNAPP.

The entries in log-book are made by the mate. I am not in the habit of signing these entries. I sometimes read them and approve of them. The entries are made up every twenty-four hours; log made up on the slate. Since my arrival I have read the log. I find nothing wrong in it. The name of the vessel is correctly written on the back of the log-book, J. L. Gerity. The consul keeps it. In case of wreck—the case of a return home—the owners keep it, and destroy it if nothing particular occurs in it. I look at the map now shown me and indicate the position of the vessel—southeast point of land of Great Stirrups cay; pass one bay and get in the last.

THOMAS KNAPP.

Taken on oath at Nassau, in the said island, the day and year first within mentioned.

E. B. A. TAYLOR, Police Magistrate.

George Poole:

I was mate of the American schooner J. L. Gerity, of the port of Gloucester, in the State of Massachusetts, United States of America; Thomas Knapp is master. We left Boston for New Orleans; had to put into New London by reason of the leaking of the vessel. I don’t recollect sounding the pumps, but there were four or five hundred strokes an hour. She was caulked at New London. We were there nine days; sailed again, and when out three days we experienced severe weather in the Gulf. We shipped a sea; started the deck load of lumber; strained her; split her sails, mainsail, and foresail; she leaked about eight hundred strokes an hour; sea was high; we hove spare spars, made a “drag,” and laid her to. One man was kept at the pump all the time. The captain consulted me, and thought it prudent to leave the vessel, but there being no vessel by, we had to stand by. We had this weather three days. We hove the deck-load over. We thought of going to Bermuda; steered for it, when the wind hauled us off, and we got in the trade and out of the heavy sea. Our determination was to get to Nassau. We were then five hundred miles from Abaco, wind northeast, and we shaped our course for Abaco. Reached there the fourth day of April, about eleven o’clock in the evening; made the light, going four miles an hour; had jib, flying-jib, part of the mainsail, fore-gaff topsail for a foresail. Passed the light six o’clock a. m., determination still to come to Nassau. About seven o’clock the crew came aft and said they would not pump any more. We were going six miles an hour; the vessel was kept free, but it obliged there being a man at the pump constantly. There was a good deal of talk; at last the captain said that he would put her ashore in some good place and save their lives. He had told them more than once that if he met a vessel, he would abandon her. I think the men were too exhausted to hold put much more. Captain ran along the shore for Stirrups cay. He was trying to pick up a smooth place to put her ashore. At Stirrups cay, about three-quarters of a mile from the light-house, the spot appeared sandy, but it was hard bottom—small rock. No soundings were taken; the sea was breaking over us all the time. It was one o’clock she went ashore. We had no signal of distress up. A small vessel in the distance on our quarter, southeast. Saw no person along the shore, or any houses, until we got to Stirrups cay. We kept some distance from shore, as the sea was breaking heavy on the shore. Saw the masts of a vessel at anchor by the land; she bore west-southwest. As we were passing the harbor opened, and we saw her hull. We struck within forty feet of the shore. About ten minutes after a boat came alongside with Captain Albury, and a crew came on board; spoke to the captain—not long. I did not hear what about; but Albury and his crew went to work; opened the hatches; our crew helped. They appeared orderly in their manner. The captain, Albury, appeared to have control over the men. He was speaking to them to hurry along and save the vessel before she bilged. She bilged a little after two o’clock. She was bumping heavily. The cargo was taken in from boats to the vessel lying at anchor. On account of the sea running high they had to stop. The vessel lay broadside to the beach; it made a lee and the cargo was then taken to the shore. The light-keeper, Captain Moore, came on board with his assistant in a boat. About two o’clock they went to work; got one load; carried it to the vessel in the distance, named the Bob, and in attempting to get a second load she swamped, and she was dragged back; mackerel in kits taken out of her, and she bilged. The light-keeper and his assistants then came on board and assisted in carrying the cargo to the shore. Captain Moore carried Captain Knapp, myself, and crew to the light-house; left us there; went back to the wreck, off and on, in the night. I slept in the assistant light-keeper’s house. He was working at the wreck; he was all night there. Albury had about twenty men crew. All the cargo was saved except that staved in by the sea. The wreckers saved in the order in which the cargo was stowed. Mackerel was immediately under the hatches. Next morning by day I went—sunrise. I had been there twice at night; walked. The cargo was taken across the land to the boats, and thence conveyed on board of the Bob. Left Stirrups cay last Sunday morning; arrived at Nassau same day. I saw an agreement written by Captain Knapp. It was between Captain Albury and Captain Moore about the cargo; don’t know what it was about—the particulars. I don’t expect to receive any portion of the salvage on cargo saved. None has been promised to me, either directly or indirectly. I don’t know whether the captain expects to share in any salvage. I agreed with the captain as to the necessity of putting the vessel ashore.The vessel was kept free of water. When we reefed the water would gain, but when we rigged the second pump we could always recover—pick her up again. Had the crew not denied duty we might have reached Nassau, probably New Orleans; but they told the captain they had a right to refuse. If we had gone in the Gulf and had bad weather, she probably would have sunk down. This is my first voyage in the vessel. I do not know whether she has been insured or not, or cargo. This is the first time I have sailed with this captain. I have been the master of fore-and-aft vessels, and sailed through these waters. Never here before. I looked at the chart when I passed Abaco; wind was northeast. I could not find time to consult the chart on passing Abaco to know that it was just as easy to make Nassau as where we put the vessel ashore, considering the direction of the wind and the distance being almost nearly equal. On sighting the light of Abaco it bore southwest. It was a clear night, and I calculated the distance to be about sixteen miles. There were two watches; four-hour watches. The pumping was in watches, two hours between each rest. I pumped my two hours as much as the rest. The steward took his spell; the captain also. The pumping was about one hundred strokes at a time; the man would then have a breathing spell and pump again. We went ashore on the sandy beach on the southeast side of the island, between two small points of land. We had no gun on board to signal to anyone. At the time the crew came aft and stated their determination not to pump the vessel, the light-house was bearing northeast, and we were heading for Nassau.

GEORGE POOLE.

Taken on oath at Nassau, in the said island, the day and year first within written, before me.

E. B. A. TAYLOR, Police Magistrate.

Donald McLean sworn:

I was seaman on board the American schooner J. L. Gerity; I shipped at Gloucester and went to Boston, and we were to sail for New Orleans. Wages at forty dollars. I am a native of British America, Cape Breton island. Experienced bad weather and put into New London, and repaired; she leaked badly. Left New London; experienced again bad weather in the Gulf Stream; it strained the vessel, tore sails, foresail and mainsail; the deck-load of lumber helped to strain her. We had this weather for eight or ten days. We went east; drifted down; caught a northeast wind; brought us to Abaco light; made it between three and four o’clock in the morning. I was below; my watch was below; on coming on deck at four, saw light; passed it at sunrise, going about five knots an hour; had all our sails set; a good breeze, and considerable sea. The vessel was leaky; she kept free by our exertion. I pumped every hour, and when bad, every half hour. I was exhausted and fatigued, and I thought as there was a chance to save our lives, I need not pump. I made no representation to the captain about our safety. It was when we were nearly at Stirrups cay, about one o’clock that I, for one, said I did not feel inclined to pump any longer, and I wished a chance of saving my life. Captain said, I can’t tell you to pump if you don’t feel inclined to. I must put her ashore and save what we can from the vessel. I should have liked to have left the vessel before we got land, had we seen a chance. Met another vessel; we made no signal of distress, either by flag or by gun; had no gun on board; saw no persons on shore either way; no one had boarded us. Saw a vessel at anchor some distance off of the land; as we went beyond a point of land saw her hull. A boat came to our vessel after we got ashore. There were breakers where we went ashore; sea made a break over her; appeared to be a rocky and sandy bottom; she bilged during the night. It was 7 o’clock when I went ashore; a vessel’s boat, “Bob,” came 20 minutes after we struck; some few words were exchanged between our captain and the captain of the wrecker; can’t hear what was said. Captain of wrecker took charge; he appeared to have full command of the crew. I saw none of the cargo wilfully cast aside. I was not present when hatches were opened. I saw no drunkenness. Cargo was saved, with exception of some kits of mackerel accidentally stoved; I think they wore saved. Light-house keeper and assistant came in a boat, and helped to save the cargo. I slept with crew at light-house; ship’s stores were carried up for our consumption; I saw nothing of the cargo opened at the light-house and used. I have had no promise made to pay me; the captain told me our time is up when the vessel went ashore. I expect to get nothing from the wreckers of any portion of their salvage. The vessel was in a dangerous state; had the wind shifted, and we been at sea, she must have gone. I have never been in these waters before; never before sailed with Captain Knapp.

DONALD McLEAN.

Taken on oath at Nassau, in the said island, the day and year first within written.

E. B. A. TAYLOR, Police Magistrate.

Horatio C. Gray sworn:

I was a seaman on board of the J. L. Gerity. I shipped at New London on the fifteenth day of March. I left on the nineteenth of the month, bound for New Orleans; we shipped to go to New Orleans, from there to certain islands for a load of fruit, and back again to New York. We started with north-northwest wind; not far from it, two days’ moderate calm. Tuesday morning got to the northern edge of the Gulf, wind southward and blowing fresh all day; continued blowing to a gale of wind; our sails began to split, and we sprung a leak; had a deck load of lumber, and threw it overboard; she leaked badly. We pumped every half hour, and oftener, ten minutes. Sea ran very high; got in smooth weather when we got to the southward of Bermuda; vessel did not leak so much; could manage the leak by a great deal of exertion every four hours; I pumped eight times, some five to ten minutes, then stand and rest. I was in the mate’s watch, and made Abaco light between twelve and four o’clock. I forget what time I was at the helm; can’t say who had the trick first; the mate was at the masthead, the captain was below; came up on deck when we heard the light was made. The light was on our lee bow; we jibed the schooner and brought the light on our starboard bow. All hands on deck; I went below and came up again at half past six or seven o’clock; light was forward of the star-board quarter; we were going about three to five knots an hour. I met one of the other watch pumping; I took a spell every half hour. We sailors had told him at sea that we were tired of pumping; I told him that morning after I came on deck, between eight and nine o’clock. I told the captain, with the rest of the crew, that we wished him to do his best to get us somewhere that we could get clear of the vessel. I don’t recollect how the light-house bore, but we were about five or six miles from the light-house. Captain said he would do the best he could; we never proposed anything; he said at sea that if he had a good chance he would abandon her at sea; we thought he was doing the best thing for us. I don’t know how the courses were made; the next land made was on port bow; ran down the land; after a while, somewhere between eleven o’clock and three o’clock, the captain put the vessel ashore; breakers were running; she was put close up to the land on a rocky and sandy bottom; we had not been boarded, nor had signalled before this to any one on shore. As we opened two points of land I saw a vessel fore-and-aft at anchor. After we got ashore a boat came from the vessel, the “Bob,” Captain Albury, came with his crew; I was forward at the time; captain of wrecker went to work in a few minutes after he came on board. I assisted to open the hatches; by the appearance of captain of wrecker, he took charge of things, saving of cargo. I could see nothing disorderly about the crew. I did not assist in saving the cargo; in the night we went ashore, and was near the wreck next day. Cargo was all saved; some was wasted; could not be helped. The vessel bilged in the night. I saw it the next morning. I left her lying quartering; in the morning she was lying broadside the shore. I have not been promised anything, nor do I expect to get anything beyond my wages. I was sick after I arrived here, from the work of pumping. I never asked the mate or captain where are we going to; we knew the captain was going to some smooth water. Captain was talking about putting the vessel ashore at Abaco, but he said it was an iron-bound coast, and he could not save his cargo if she was put there. We were getting wages, forty dollars a month. I am a native of New Bedford, in the State of Massachusetts, aged thirty-four years.

HORATIO A. GRAY.

Taken on oath at Nassau, in the said island, the day and year first within written, before me.

E. B. A. TAYLOR, Police Magistrate.

Joseph William Albury sworn:

I am the master of the wrecking license schooner Bob. I was on the 5th -of this month (April) lying at Great harbor, Stirrups cay. I came to an anchor the evening before, between ten and eleven o’clock; came from Harbor island. On the 5th I saw a schooner, between twelve and one o’clock, inside of the point of Great Stirrups cay; had sail on; she appeared in distress from the sails she had on her. Not more than three minutes after I saw her she struck; there were breakers outside of her. I out boat and put in eight hands, and started for her; reached her; sea was breaking against her and washing her deck. I boarded her on the lee side; saw the captain; stated I was a licensed wrecker; asked him first if he wanted my assistance; said yes. He said his vessel was leaking bad. I said, “Well, I will save it and take it to Nassau.” He said very well. He gave me charge of saving the cargo, the salvage to be settled here at Nassau. I opened the hatch, my crew and his men. I moved the potatoes aside on deck, and got to the kits of mackerel and half barrels, which were saved in boats, and had to stop by occasion of the sea being high. I had to lighter the cargo by a strong boat to the shore. The light-keeper came and assisted; said he was willing to come in. I let him in clear of 800 kits of mackerel, and he paying freight of that which he assisted in saving. This agreement was reduced to writing, and captain signed it, and I agreed to it and signed it, and Captain Moore signed it also. We saved all the cargo; a sloop was there; she took some. Everything was saved, cargo and materials. I had never seen Captain Knapp before. Cargo is not all out. We arrived here on Sunday; salvage not settled. Before dark light-keeper excused himself; said he had to attend to the light, and I never saw him after. It is a fixed light. The potatoes which were put aside at first were staved; kits of mackerel staved; the sea would take the boat, and as she would pull up, the men would be taken off their legs and a kit of mackerel would fall out of their hands and stave. The wind was northeast; the vessel bilged. I said to the captain the vessel leaks; at night I said this; next morning she was really bilged. When the vessel struck she was bearing aboutnortheast of me; the lighthouse was about the north of me. A few loose potatoes were left behind.

J. W. ALBURY.

Taken on oath at Nassau, in the said island, the day and year first within written.

E. B. A. TAYLOR, Police Magistrate.

William Parsons sworn:

I shipped on board of the J. L. Gerity at Gloucester, in the State of Massachusetts. United States of America. I am a Swede. We shipped 19th February; went to Boston for a cargo; got it and sailed for New Orleans; she was leaky next day after sailing. I was steward. She leaked that bad that I had to pump her, and the captain also; about two hundred strokes an hour she leaked. We put into New London, State of Connecticut; she was caulked; start again for New Orleans; we had a heavy gale in the Gulf two days after. Have deck load of lumber; the sea high; the vessel leaked badly, worked herself, the seams opened, the water came clear out of the pumps. Captain and mate said the seam aft was open. The men had to pump, watch and watch; two hours at the pump for each man; had resting spells of two or three minutes. I pumped occasionally. I could not cook for three days in the Gulf; this weather lasted five days. Gale sprung up southwest, shifted to the northwest. Captain said he would make the first land. At the time of the gale we were at the eastward of Bermuda; got in moderate weather. Lost sails, mainsail and foresail, in Gulf; sails were good enough, I thought. We hove her to during the gale by a “drag.” We shaped our course for Hole-in-the-Wall. On the fourth day of April, about twelve o’clock at night, made Abaco light; wind aft, going at the rate of six knots, a heavy sea on. The light was just put out as we passed the Abaco light-house; I can’t say if the course was shifted. The water was coming up to the cabin floor; one day, preparing dinner, the water was over it from below. Before arriving at Abaco light, the men told the captain that they were played out, could not pump any more, was in danger of our lives. The captain said, “Yes, the first land I make I will put her ashore; I am obliged to do so.” The wind was northeast, I believe. On passing the light the captain said, “We have thirty miles for Stirrups cay, that is the best place.” The seamen never came in a body and make any further representation about it; left it to him. We sailed on, and made land on port bow. We saw a vessel lying at anchor, over the land, and then we saw her hull, and a few minutes after the captain selected a spot and put her ashore near the land; the flying jibboom over the bushes. She jumped twice hard after she struck bottom; was sandy, no soundings were taken. A boat came from the vessel at anchor and boarded us; asked our captain if he wished assistance; said yes. And he said, “I have eighteen men.” Captain said, “Very well, my men are too tired to work.” They then set to open main hatch, loaded the boats, and saved cargo, mackerel, potatoes. Sea swung her stern ashore; nothing could be saved by boats; rest put ashore on beach. Two light-keepers came on board of us in a boat one hour after we struck; they remained all day and night at work. I left the wreck about seven o’clock and went to the light-house; came back at ten o’clock, met the two light-keepers; I staid until twelve o’clock, leaving the assistant down there. Next morning went there at six o’clock, the assistant was still there. All the cargo was saved. During the whole time, while we ran from the Abaco light-house to the time we ran on shore, never communicated or signalled to the shore or any vessel; never saw any one on the shore, running down, as we were off shore—two or three miles off. The wreckers were orderly, seemed to be under the control of the master, Albury; they saved the cargo as fast as they could. The sea broke over the vessel. I have not received my wages yet. I do not expect to receive anything beyond my wages; nor have I been promised anything by the master or wreckers. I have never been to this port before. Never sailed with this master (Knapp) before; have sailed in other schooners belonging to the same owner. I do not know if the vessel was insured. The owner, H. C. Knapp, lives in Boston, but does his business in Gloucester, distant about thirty miles; takes the cars daily; engaged extensively in the fishing business. I have been at sea since I was eleven years of age, as second mate, cook, and steward, different capacities.

WILLIAM PARSONS.

Taken on oath at Nassau, in the said island, the day and year first within written, before me.

E. B. A. TAYLOR, Police Magistrate.

William Wallace Coterell sworn:

I was a seaman on board of the late American vessel J. L. Gerity. I am a native of State of Maine, Belfast. I shipped at Boston, United States of America, bound to New Orleans. We left, and springing a leak two or three days after, put into New London, in the State of Connecticut. She was caulked; I saw her put on the “ways;” her bottom was coppered; she was caulked; remained a week; sailed again for New Orleans. Two days after, while in the Gulf, wind sprung up southwest; it blew a gale, sea high; foresail and mainsail blew away, leaving three reefs; threw over deck load of lumber: shipped seas; was forced and strained. She then leaked 800 strokes on one tack, and 1.600 strokes another; laid her to a “drag.” Every half hour had to pump; about four days heavy weather; managed to keep her up; all hands pump. When we got out of the Gulf had moderate weather; ship leaked about as much as usual. In a week we reached Abaco light. I was in mate’s watch; about four o’clock I returned to the watch, saw the light on starboard bow; passed the light-house at eight o’clock; wind aft, sea high; going seven or eight knots an hour. I went below and did not come up until four. Before we made Abaco, a day or two before, I told the captain I was tired; all of us said so. Captain said he would leave her the first vessel he came across, or put her ashore. After passing the light-house on the morning we did not again say anything. I never knew where I was going; never heard the captain say anything about Stirrups cay. I think it was west by south I was steering. I did not know where we were going. The pump was working from about twenty minutes past two. The captain put the vessel ashore; he looked ahead and said, “I will put her on there.” Struck and jumped; went close in shore; the sea hove us in. On going down, before we struck, no one boarded us. Never made any signal to the shore. The wreckers came aboard soon after we struck; don’t know what took place between our captain and the captain of wreckers. I saw no drunkenness. Captain seemed to command them. The light-keepers (two) came in a boat; they assisted—saved some cargo; both staid at the wreck. I slept at the light-keeper’s house. Next morning, about seven or eight o’clock, found her bilged. I had left at seven o’clock in the evening; she was then bilged. I think we went ashore about a half mile from the light house; it was in a bend round the point. I don’t expect to get anything beyond my wages; I shall be satisfied to get them. I have had no promise from the master of the wreckers, or my own captain, to give me money or anything else. I have never served under the same captain before, or been in this ship before. I have never been wrecked before on these shores. Have gone through the islands from Boston to New Orleans. We would have, and could, I think, have worked longer, if we had known we were only forty-odd miles from the port of Nassau, or we could have reached that port by the evening of that day. I had sucked the vessel out just before she was put on shore. The vessel, I think, was an old vessel.

WM. W. COTTEREL.

Taken on oath at Nassau, in the said island, the day and year first within written, before me.

E. B. A. TAYLOR, Police Magistrate,

I certify the foregoing to be true copies of examinations taken in above case.

E. B. A. TAYLOR, Police Magistrate.