Archibald to Richard Lyons, 1st Viscount Lyons, January 5, 1864
Consul Archibald to Lord Lyons.
My Lord: Referring to my despatch of the 23d ultimo, in reference to the capture and arrival at this port of the bark Saxon, of Cape Town, I now have the honor to report that testimony in preparatorio has been taken before the prize commissioners, and a libel has been filed, the process on which is returnable on the 19th instant. I have accordingly directed an appearance and claim to be entered in my name, as consul, on behalf of absent owners of vessel and cargo, who appear to have no agent or correspondent at this port, in order to prevent a judgment by default, and to gain time for their defence, and for proof in support of their claims.
Of the crew of the Saxon the captors brought over the second mate, named David Aitchison, and the cook, named William Johnson, I was yesterday enabled to obtain the deposition of the second mate in relation to the circumstances connected with the capture of the Saxon, and more especially respecting the shooting of the chief mate, James Gray, by a Mr. Donohoe, an officer of the Vanderbilt, who was at the time on duty on board the Saxon.
The second mate, Aitcheson, is a very intelligent young man, and from the statements in his deposition, a copy of which I have the honor to transmit, herewith enclosed, for your lordship’s information, the shooting of the mate Gray appears to have been an act of wilful murder. I presume that a report of the facts of the case will, before this time, have reached her Majesty’s government from Cape Town. The second mate has shipped at this port on board the bark Cleveland, a British vessel which sailed from hence yesterday, bound for London, where he can be had for further examination, if requisite. I have been unable to obtain the name and address of the consignees in London of the Cleveland The name and address of the owner is Solomon Mease, North Shields.
I have not as yet been able to procure the attendance before me of William Johnson, the cook of the Saxon. I am informed, however, by the second mate, that he, the cook, was not a witness of the shooting of the mate by the officer, Donohoe.
I have, &c.,