Stephen Shephard to Before me, J. M. HILL, R. M, December 1, 1863

Deposition of Stephen Shephard, Horace Carrew, William Murray, and Richard Cable.

Appeared before John Montgomery Hill, esq., a resident magistrate.

Stephen Shephard, sworn, states: I was the master of the bark Saxon. She left Table bay on the 2d of September last with cattle for government, and bound to Ascension, where we arrived about the 17th of the same month. I proceeded by order from there to Angra Pequena. The orders were from the owners, Anderson, Saxon & Co. We arrived there on the 16th of October, in ballast. When there, we painted the ship, and after being there for eleven days, I received orders to ship certain cargo that was there, consisting of skins and wool. I took the cargo from the beach by my crew and some men. I received no men from the Atlas. On the morning of the 30th of October I completed loading, and was preparing for sea, and then observed a large steamer, which proved to be the Vanderbilt, American man-of-war steamer. She anchored abreast of Angra Pequena, (Penguin island.) I was lying about a mile and a half from Penguin island. Shortly after, the steamer sent an armed boat to my ship. The officers in charge were Beldon, the senior, and Donaghan, the junior, officers. It was about 1.30 p. m. when they boarded my ship. The first question asked was, “Where I was from?” And I presume they must have already seen the name on the stern. Afterwards; “How long I had been there?” And I told them. They then asked for my papers, and I asked “By what authority he wanted to see the papers?” The officer then told me “That Captain Baldwin had sent him to do so,” adding, “Captain, it is no use, I must see your papers.” He did not ask me what my cargo consisted of before he saw the papers, but after looking at them, he said, “Skins and wool, that will do.” The officer retained the papers and went to look down the hold, and asked me “If I knew where the cargo had come from?” I told him, “All I knew was that I had come here to take it in.” He told me “That he must take the papers to Captain Baldwin,” and then he left the vessel, leaving the junior officers in charge. He took the register articles, clearance from customs, and the bill of lading with him to the Vanderbilt. I then told the officer “That I was ready for sea, and would leave with or without papers, as I was bound to Falmouth for orders.” He said “You had better not try it, for that the steamer could go faster than I could.” The Saxon was 215 tons register, and registered at the Cape. On that he left the ship. About an hour afterwards another boat came from the Vanderbilt, with another armed crew in charge of Lieutenant Keith. This boat left at the same time as the other boat left my vessel. We were lying about two miles apart, and a strong breeze blowing at the time. They got on board and placed armed men on the deck; the crew first got up, and then the officer followed. On coming on board his crew drove my men below, and the officer did not state his business at the time he boarded until I asked him, when he asked me “Who I was?” And I told him “That I was the master,” and he told mo “That I was no more master of this vessel, and I will thank you to go below and give no more orders, and I will not allow you to talk to any of the ship’s company.” I told him “He ought to have come to me as a gentleman to tell me what his business was, instead of taking charge in the manner he did, and before his commander had seen my papers.” He ordered me below then; I made no reply and obeyed. About 4 o’clock I observed a boat, with the island men, coming to our ship to ask for some bread and meat. I told my chief officer, Mr. Gray, “That he might give them some, but should first inform the American officer in charge of our vessel,” which he did. At first he consented, but afterwards refused, but gave no reason for refusal. Mr. Gray came and told me of this refusal, and I told him “To heave them into the boat, and if he was prevented I could not help it.” Lieutenant Keith was standing by, and told me “I was giving too many orders, and if I did not go below he would soon put me where the dogs could not bark at me.” I was down below for about nine or ten minutes when I heard the report of a pistol. I had been in my cabin with a sentry at the door. On hearing the report I rushed on deck, and some one told me, in passing, “They had shot the mate.” I went to the main deck and found Mr. Gray lying dead. I raised him in my arms, but found life extinct. The ball entered at the back of the neck, and saw the pistol in Donaghan’s hands, and I was told “That he had shot Mr. Gray.” I asked the senior officer “Why he had shot my mate,” and he replied it was an accident.” I then asked the junior officer, and his reply was, “Poor fellow, I am sorry for him, but must obey orders.” They then took the body below. In the mean time the Vanderbilt had gone in chase of a vessel, and we were dropped down to where the Vanderbilt had been lying, nearly abreast of the island, about a cable’s length off the island, and between the island and the land. The Vanderbilt returned the next morning, when I was sent for by Captain Baldwin. On arriving on board he asked me “If I was Captain Shephard, of the bark Saxon?” I replied “Yes,” and he then said, “Captain I am sorry for you, but your papers are not satisfactory to me, and I must make a prize of your vessel and send her to New York, and we know that it is the Tuscaloosa’s cargo you have on board.” Captain Baldwin did not mention Mr. Gray’s death immediately, and he only alluded to it twice afterwards. Some time afterwards I told him “That I was sorry for the loss of the vesssel and the mate,” and the captain replied, in reference to the mate, “He was very sorry indeed that it had happened,” and he repeated the same remark the next day when I was leaving the ship for good. I asked the officer on board “Where Mr. Donaghan was,” and was told “He was under arrest, and that I could not see him.” The whole of the officers of the Vanderbilt seemed very much affected on hearing of the death of Mr. Gray, and seemed to regret it during the time I remained. When I left the Vanderbilt I was put on shore at Angra Pequena, where I found my crew, who had already been landed, with the exception of the second mate and cook, the former of whom volunteered to go in my place; and the cook, being an American, went voluntarily. They sent bread and water on shore for our use, and we were left without shelter. The crew of the Vanderbilt took the body of Mr. Gray below. The mate was buried on the 31st of October, and one of the Vanderbilt officers, together with myself, attended the funeral. None of the crew were allowed to do so, but the second mate got into the boat in the dark; we were landed on the 1st of November, and walked across the land to Halifax, a distance of about eleven miles, where we were afforded shelter until we left in the Isabella for Ichaboe, where we stayed for about — days, whence we proceeded in the same vessel to the Hottentot bay, where we were transferred to the Lord of the Isles. I took the cargo from the beach by orders of my owners.