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 south, and 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:

66

"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 eny more 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 44 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.

I concur.

E. B. A. TAYLOR, Police Magistrate.

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 Pinder, 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 any more; 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, distant a 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. After 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 them

selves 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 theisland; 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 wished 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 cons il 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:

He

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. 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 out 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 foreand-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 The steward took his spell; the captain also. The pumping was about one hundred

rest.