Sampson & Son to Rawson, December 16, 1863

Messrs. Sampson & Son to Mr. Rawson.

Sir: As the duly qualified agents of Mrs. Mary Jane Gray, widow of Mr. James Gray, late a mate on board the bark Saxon, of this port, who was murdered on board the said vessel on the 30th day of October last, by an officer of the United States war steamer Vanderbilt, we beg to bring to the notice of his excellency the governor the circumstances connected with the murder of the deceased, and other particulars bearing on the case, and have to request that his excellency may be pleased to forward this statement to the right honorable the secretary of state, with a request that, if in accordance with international law and the rights of neutral powers, his grace may demand, on the part of the British government, compensation or recompense from the United States government for the loss sustained by the said Mrs. Mary Jane Gray, by the murder of her, husband by an officer in the naval service of the United States government as aforesaid.

We take the liberty of briefly stating the facts, which will be borne out by the documents hereafter referred to, and herewith enclosed:

Mr. James Gray signed articles in the month of August last, to proceed in the bark Saxon in the capacity of mate, on a voyage from Table bay to Ascension, thence to Rio, or any port or ports in the South Atlantic, as employment offers, for a term not exceeding six months; final port of discharge to be Table bay.

On the 2d day of September last the Saxon weighed anchor in Table bay, and proceeded on her voyage, taking a cargo of cattle for Ascension, where she arrived on the 17th day of September last, and after delivery of her cargo there sailed in ballast for Angra Pequena, the master having received orders from his owners to proceed thither. The Saxon arrived at Angra Pequena on the 16th day of October last, and, after lying there eleven days, the master received orders from his owners to take on board the Saxon certain cargo lying on the beach at Angra Pequena, consisting of skins and wool. This being done, the Saxon was ready for sea on the 30th day of October last, and bound to Falmouth for orders. While preparing for sea, the master of the Saxon observed a steamer anchored abreast of Penguin island. This subsequently proved to be the United States war steamer Vanderbilt. The Saxon was at this time lying about a mile and a half from Penguin island, in British waters. At 1.30 p. m., on the same day an armed boat’s crew from the United States steamer Vanderbilt boarded the bark Saxon, asked for the ship’s papers, received them, and took them on board the steamer Vanderbilt. Subsequently other boats were sent from the steamer Vanderbilt to the Saxon, and placing armed men on the deck of the Saxon, the officer commanding the boarding party drove the crew of the Saxon down below, and formally took the Saxon a prize to the United States war steamer Vanderbilt.

From the evidence of these transactions, as detailed by the master and three of the crew of the bark Saxon, before a court of inquiry, held before the resident magistrate of Cape Town, by order of his excellency, it will appear that, while the men of the steamer Vanderbilt were on board the Saxon, the mate of the Saxon, James Gray, was at one time standing on the ladder, an officer of the United States war steamer Vanderbilt, a Mr. Donaghan, being immediately above him, on the poop; and on the deck, a few feet below, about a dozen of the Vanderbilt’s men were stationed. The officer, Mr. Donaghan, appears to have called out to the mate of the Saxon, James Gray, to go down from the ladder, and, on his not appearing to obey, repeated the order, at the same time pushing Gray on the right shoulder with his left hand. Gray, trying to recover himself, turned half round and looked at the officer, as if to inquire what he had done, whereupon the American officer, Mr. Donaghan, drew his revolver and shot Gray dead.

The evidence in support of the murder, herewith accompanying, will, we conceive, be deemed conclusive. No opposition or resistance of any kind appears to have been made by the deceased mate, Mr. Gray, to warrant this act on the part of Mr. Donaghan. It can, we respectfully submit, be considered in no other light but as a deliberate, cold-blooded murder, and we entertain the hope that her Majesty’s government, with that high regard for right and justice which has always characterized the relations of England with foreign nations, will, in its wisdom, enforce upon the United States government the necessity of making provision for the widow of James Gray aforesaid, left, as she is, perfectly destitute, with four young children, in consequence of the murderous act of the aforesaid Mr. Donaghan, an officer of the United States navy.

With regard to the deceased, we beg to state that he was born on the 28th day of May, 1829, at Aberdeen, the son of Alexander Gray, of the firm of Messrs. Watkins & Gray, of Aberdeen, rope-makers. He was a passed master, on the 22d day of February, 1853, and held a certificate as such, He commanded the brig Wanderer, on this coast, for eighteen months, in the years 1855 and 1856, and was employed in the Cape trade for the last eight years. He married Mary Jane Crampton, daughter of Thomas Crampton, of the county of Kildare, Ireland, on the 28th day of July, 1856, by whom he had four children, all of whom survive, their ages being six and a quarter, four and a half, two and a half years, and one month, respectively.

In proof of the matters aforesaid, we beg to forward the following documents herewith annexed, viz:

A. General power of attorney from Mrs. Mary Jane Gray, authorizing us to act on her behalf.

B. Certificate from the registrar of shipping at Gape Town, showing the bark Saxon to be registered at this port.

C. Certificate of the shipping-master at Cape Town, showing the nature of the voyage; and articles of agreement, signed by the crew of the bark Saxon when the vessel left this port, in September last.

D. Certificate from the clerk of the peace, at Cape Town, of evidence taken before the resident magistrate at Cape Town, touching the murder of the mate of the Saxon, the aforesaid James Gray.

E. Notarial certificate and copy of the master’s certificate, held by the de ceased, James Gray.

F. Notarial copy of certificate of James Murison, owner of the schooner Wanderer, of the said James Gray having commanded the said vessel in the years 1855 and 1856.

G. Certificate of marriage from the Reverend George Morgan, Presbyterian minister at Cape Town, of the marriage of James Gray with Mary Jane Crampton.

H. Notarial certificate of affidavit made by Mary Jane Gray, widow of James Gray, before William Sampson, justice of the peace for Cape Town, that the four children of the said James Gray being alive at this date.

We beg to apologize for not having forwarded this application earlier, but were prevented doing so by the difficulty in getting the documents from the various offices.

We have, &c.,