Flood knew that Cochrane could not possibly be against him, after the evidence he had been able to produce. He decided that the judge must be satisfied. But he wasn’t, determined Flood.
‘Have you any cause to change your beliefs as to how the Mary Celeste came to be abandoned?’ he said.
‘No, sir,’ said Deveau.
‘Or of what fate befell the crew?’
‘No, sir.’
‘Against the opinions of experts you heard before you hurried away or from the affidavits you have today considered, do you have any wish to change your evidence?’
‘I have told the court everything I can to help,’ said the first mate.
‘Was the need to get the Dei Gratia to Genoa to unload its cargo of petroleum the only reason you were despatched from Gibraltar?’
Deveau regarded the Attorney-General uncertainly.
‘Yes,’ he said, the curiosity sounding in his voice. ‘What other reason could there have been?’
‘It was not perhaps thought wiser by Captain Morehouse or even by Captain Winchester for you to be hopefully beyond the call of this enquiry?’
Pisani started to rise, but Cochrane anticipated the protest.
‘Aren’t we risking propriety again, Mr Flood?’ he cautioned.
‘Only in pursuit of the truth,’ responded the Attorney-General. He looked back to the witness.
‘Tell this court of the conversation that took place prior to your departure from Gibraltar.’
‘There was little discussion,’ recalled Deveau. ‘Once the Dei Gratia was cleared for sailing, it was our responsibility to complete the voyage for which she had been chartered. Captain Morehouse felt he should stay here, as superior officer. And that therefore I should captain the vessel to Italy.’
The Attorney-General was aware of Cochrane suddenly staring up and knew that the judge had also recognised how close Deveau’s wording had been to that of Captain Morehouse.
‘An attempt, in fact, to assist the court?’ said the Attorney-General, stressing the disbelief.
‘Yes, sir. That is how I understood it.’
‘Like discussing your evidence in detail?’
‘Sir?’
‘There appears often to be great similarity between the evidence of yourself and of others. Has there been much discussion between you?’
‘Of course,’ said Deveau ingenuously. ‘It is not a thing that happens often.’
‘Indeed it’s not, for which the court should be grateful,’ said Flood. ‘And during the course of these discussions, there has been agreement about what to say?’
Deveau looked blankly at the other man.
‘Have you attempted to get your stories in accord?’ persisted Flood.
‘No,’ said Deveau, at last comprehending.
‘So the employment of the same phrases — the same terminology — is a coincidence. Just as finding the Mary Celeste upon course was a coincidence… and your finding her, a vessel commanded by a man who had dined the night before departure with Captain Briggs, was a coincidence?’
Deveau shook his head, seeking a response.
‘We’ve told the truth,’ he said desperately.
‘A statement which many in this court feel is as open to conjecture as is the fate of the unfortunate Captain Briggs and his family,’ said Flood, sitting abruptly. He had expected to discompose the man more than he had. But obtaining an open admission had lessened in importance against the evidence of the naval captains. He had maintained the doubt about the salvors’ credibility and that mattered.
He became aware of Cochrane’s attention and looked up.
‘Is there any further evidence you wish to call, Mr Flood?’
The Attorney-General rose, shaking his head.
‘I am sufficiently content to lay the facts before Your Lordship,’ he said.
‘Mr Pisani?’
The salvors’ advocate shook his head, but Cornwell rose, seeking permission to speak.
‘Mr Cornwell?’ allowed Cochrane.
‘This hearing has progressed over a great number of days, to the increasing expense of my client, Captain Winchester,’ began Cornwell. ‘As I had cause to mention at the commencement of this enquiry, it is my client’s wish for the Mary Celeste to proceed as soon as possible to complete its charter. To that end, there has been brought to this port another captain and crew, a further expenditure. I would now formally seek your decree of restitution of the Mary Celeste to him, as rightful owner, upon his payment of a sum into this court sufficient to cover the salvage claim and costs, so that as owner he may discharge his liabilities to the cargo owners…’
The lawyer came to the end of his submission and remained standing, looking hopefully towards the judge.
Cochrane took a long time to respond, flicking back through the large book into which he had made copious notes during the course of the enquiry.
Finally he looked up, his face expressionless.
‘I have devoted the greatest attention to Captain Winchester’s evidence-in-chief,’ he said. ‘I have also taken careful note of all the documents and affidavits produced before me. There are certain matters which have been brought to my notice respecting this vessel, my opinion about which I have already very decidedly expressed, and which make it desirable and even necessary that further investigation should take place before the release of the vessel can be considered or before she can quit this port.
‘The conduct of the salvors in leaving Gibraltar has, in my opinion, been most reprehensible and may probably influence the decision as to the claim for remuneration for their services. It appears very strange that the captain of the Dei Gratia, who knows little or nothing to help the investigation, should have remained here, while the first mate and crew who boarded the Mary Celeste and brought her here should have been allowed to go away as they have done. The court will take time to consider the decree for restitution.’
He paused, flicking through his evidence notation again.
‘As far as I am aware, Mr Cornwell, this court has not even received from you or from your client documentary proof that he has, in fact, any legal, proprietary right to the Mary Celeste…’
Cornwell twisted to Captain Winchester, sitting just behind him, and there was a hurriedly whispered conversation.
Cornwell returned to the judge.
‘My client informs me that, so anxious was he to assist this court and establish his claim to the vessel, he left New York at extremely short notice, omitting unfortunately to arm himself with the particulars of registration and ownership which, of course, his company undoubtedly possesses. He informs me that he will take immediate steps to have those documents forwarded from America and furnished to you…’
Cornwell hesitated, uncertainly, then continued: ‘It is also my duty to acquaint the court of the fact that, so hasty was Captain Winchester’s departure, he did not have sufficient time to equip himself with sufficient funds or documents of credit to lay before this court a substantial sum against a claim for salvage. Aware of this oversight, he hopes to arrange a loan from a friend who happens to be in Spain, to enable him to post bond in this court…’
Cochrane sighed, noisily, looking from Cornwell to the other lawyers and then back again.
‘A less patient man than myself might feel his court had been particularly ill-served by the claimants appearing before it…’
He stopped, looking to the Attorney-General.
‘I express myself grateful for the efforts of some to bring cohesion and order to the proceedings. It would seem to me, Mr Cornwell, that your client has some way to go to discharge his duties before there can be any question of restitution.’
He rose, ending the session, and Flood hurried from the court as soon as propriety permitted.
The judge received him fifteen minutes later, hunched reflectively over his desk.
‘Confusing business,’ he said, as the Attorney-General sat in his usual chair.
‘I’ve brought out everything I can,’ said Flood.