[Untitled], December 2, 1863

[Untitled]

Richard Cable sworn, states: I am an able seaman, and was one of the crew of the Saxon. I signed articles at this port. I recollect the 30th of October last, when our vessel was seized by the Vanderbilt, and was present when the mate was shot. A boat from the island came off with fish, and they asked the captain if he could give them some provisions for the night, as they could not proceed to Halifax in consequence of the breeze then blowing. Whilst the provisions were being landed into the boat by the Vanderbilt men one of the men of her went up to the officer in charge of the ship and said “they were taking all the stores of the ship, and that they should be stopped.” The captain was standing by at the time, and the officer in charge at first consented, but afterwards changed his mind, and on again being applied to, Captain Shephard told them to put it into the boat, and if prevented, he could not help it. I was walking alongside the master at the time, when Lieutenant Keith came up to him, and, taking him by the shoulder, said, “My fine fellow, you are giving too many orders here, and if you don’t go below I will put you where the dogs can’t bark at you,” and the master went below, and a sentry was placed over him. Mr. Gray was standing at the main rigging by myself and two other men, and about ten minutes after the captain had gone below Mr. Gray wanted to follow him, when he was stopped by Donaghan and told to go down, and was pushed down by the right shoulder, when Mr. Gray’s foot caught in the steps of the ladder, and looked up as innocent as could be, not knowing what was the matter. Donaghan had his pistol already drawn, and without further remark he shot him down. I did not hear that Mr. Donaghan was desired to shoot Gray by the officer in charge of our vessel. Mr. Gray offered no resistance before he was shot. Deceased was liked by the whole ship’s company. Mr. Gray could not have given the officers any offence whatever, and he had dined with Donaghan at the master’s table the same day. We signed the articles for Ascension, and any other port in the South Atlantic ocean. I was not aware, nor were any other of the crew, to my knowledge, for what service we went to Angra Pequena, and we did not know what our cargo was to be until we saw it on shore at Angra Pequena. When Donaghan had shot Gray he gave orders to his men to draw swords, and our crew to go forward. I don’t know the reason for these orders, for they were all armed to the teeth, and double our number, while we had not a weapon among us, and showed no symptom of disaffection or resistance. Mr. Keith came on the poop, when Donaghan ordered us below, and one of the men came up to me in a cowardly and menancing manner and asked me whether we were going to take the ship back again; and I replied, throwing out my arms to show our helplessness, “Does it look like it?” Mr. Keith, when he saw Mr. Gray was shot, disapproved of it greatly, and said “he was very sorry for it, and did not know how soon it would be his turn.” There were more than a dozen men of the Vanderbilt close at hand when Mr. Gray was shot, and even if he had showed resistance there was no necessity of using violence. Gray was not a yard distant from Donaghan when he was shot.

RICHARD CABLE.

Before me