Navigating the Lower Saint Lawrence in the 19th Century.


M42/10 Page 2030-2034 Martin Sheppard
 
 No. ___ } 8th November, 1844 } Protest 
 
 






#
John Cunnings,
master of the barque
Cruikston Castle
of Greenock


eighth
      By this public instrument of declaration and protest. Be it known and made manifest unto all to whom these presents shall come or whom the same may in any wise concern.
    That on this # ninth day of November in the year of our Lord one thousand eight hundred and forty four. Before us, the undersigned Martin Sheppard, Notary Public by Royal authority, duly admitted and sworn for that part of the now Province of Canada, formerly
 
  * and the witnesses herein after named and here unto subscribing,   distinguished as Lower Canada * personally came and appeared John Cummings, master mariner and master of the barque or vessel called the Cruikston Castle of Greenock, in that part of the United Kingdom of Great Britain and Ireland called Scotland, of the burthen of three hundred and eighty two tons, (old measurement) register measure, now lying stranded and wrecked in the bay of Port Daniel in the County of Bonaventure in the  
  + loaded with a full cargo of white pine and birch timber with deals and lath wood for broken stowage,   District of Gaspé in the said Province, + and John Campbell, chief mate, John McPhail, second mate, Thomas Fulton, carpenter and William Morrison, seaman, of and on board of the said vessel.
    Which said John Cummings, John Campbell, John McPhail, Thomas Fulton and William Morrison, of their own free will and voluntary accord in the presence of us, the said Notary and subscribing witnesses, did and by these presents, do jointly and severally allege, affirm, declare, protest and say, that the said barque or vessel called the Cruikston Castle, lying at anchor in the bay or harbour of Port Daniel aforesaid, taking in a cargo of white pine timber, deals and birch timber and lath wood for broken stowage, which said cargo was completed and put on
 
  # Monday last, the fourteenth   board of the said vessel on # Saturday last, the twelfth day of the present month of November, being then tight, staunch and strong, well and sufficiently manned provided, victualled, watered and apparelled and in every respect ready for sea with her hatches well and sufficiently caulked and covered and riding at  
  * On the next day, Tuesday, as aforesaid, with part of the crew of the said vessel onshore getting spars and procuring water for ship's use.
The next day (Tuesday) the said vessel laying ready for sea, and the seamen on board,
  anchor * with the wind blowing a strong gale from the east northeast accompanied with sleet and a heavy sea running which caused the said vessel to labour very heavily. At about eleven o'clock A.M., the wind veering round to the eastward, blowing a strong breeze with rain. Paid out sixty fathoms of her best bower and cleared the small bower. At ten o'clock P.M., the wind increased considerably with a heavy sea. At midnight, the wind having increased to a strong gale from the eastward and the ship labouring exceedingly, let go the small bow and veered out seventy five fathoms of the best bower cable. On the next day (Wednesday) blowing a heavy gale from the east southeast with dark cloudy weather and constant rain and heavy seas which caused their said vessel to pitch bows under and labour much. At half past three o'clock A.M. perceived that the vessel struck a  
  # the gale having greatly increased, blowing a hurricane heavier and more violent than had been experienced by the inhabitants of Port Daniel afore- said for upwards of twenty years past, the weather being still dark and cloudy with rain & the sea so much agitated and increased by the wind at present as to present the appearance of a sheet of foam,   bank with violence on a sunken sand bar about six hundred yards from the place. Called all hands on deck and set both pumps going but the the vessel made little or no more water than customary. At four o'clock A.M. # the rudder and part of the stern post were carried away and separated from the said vessel, owing to her striking violently and without intermission after which the said vessel fell over, broadside to the sea, which filled her deck and hold and flowed over her fore & aft making a clear breach over their said vessel. + cut away the lanyards from the fore rigging of the foremast and commenced cutting away the foremast but could not succeed doing so, owning to the rush and flowing of the sea, by which the lives of these appearers and the rest of the crew were placed in the most imminent peril and danger, after which the said vessel drove stern on towards the shore, where she now lies # last and deeply imbedded in the sand that where no possibility exists of extricating from her perilous situation the said vessel and where she cannot but eventually go to pieces and become a complete wreck.
    And the said appearers do further jointly and severally allege and declare that the lives of all on board of the
 
  +








#
At five o'clock A.M., the vessel having carried over and fallen on her beam ends, attempted to right her and for that purpose

with her larboard side hogged and broken and her deck forced and rose up and her cut water twisted and broken as well other damages the cut water which was found together with some broken bilge planks on shore, and the said vessel so
  said vessel were providentially saved by the said vessel driving towards the shore stem foremost instead of on her broadside, for should the latter have occurred, they must inevitably have all perished and that all on board of the said vessel would have with great danger and difficulty after a boat from the shore had been sent in attempting to save them from peril.
    And the said appearers do further jointly and severally allege, affirm, declare, protest and say, that all and singular the injuries, losses, damages and detriments which have happened to the said vessel and the total loss thereof, as well as the cargo therein laden, were in no way owing or occasioned by any unseamanship, mismanagement or neglect of any of the said appearers or of any of the rest of the crew of the said vessel, but solely and entirely to the causes, perils and accidents before mentioned, and that during the said time, they, and the remainder of the crew of the said vessel, used their utmost endeavour and exertions to preserve the said vessel and her cargo from loss and damage.
    To the truth of all which said several matters and things herein before alleged and declared, they, the said appearers, have duly and severally made oath on the Holy Evangelists of Almighty God, before us, the said
 
      Notary and subscribing witnesses.
    Now therefore that these presents may enjoy full force and effect, I, the said Notary, at the request of the said John Cummings, did protest, and by these presents, do most solemnly protest against all and every person and persons whom it doth, shall or may in any wise concern, and do declare that the damages, losses, costs, expenses and interests which have happened to the said vessel and the total loss of, as well as to the cargo of the said vessel, are and ought to be borne by the
 
      merchants and freighters interested or the underwriters on the same or whomsoever else it shall or may in any wise concern, the same having occurred as before mentioned, and not by or through insufficiency of the said vessel or neglect of the said John Cummings, his officers or any of his mariners. All which matters and things herein before mentioned, were alleged and declared as before by said presence of the said subscribing witnesses and therefore I have granted these presents under my hand and seal of office being requested to certify the presence.
    Thus done, protested and sworn to at Port Daniel, in the County, District and Province aforesaid (where no stamps are used) on the day and in the month and year herein first above written. In faith and testimony whereof the said John Cummings, John Campbell, John McPhail, Thomas Fulton and William Morrison, parties hereto aforesaid have to these presents, set and subscribed their respective names and signatures and affixed their respective seal, in the presence of Henry Kavanagh, sub-collector of Her Majesty's Customs at the out-port of New Carlisle aforesaid, and William Carter of Port Daniel aforesaid, lumber merchant and farmer, Esquires, witnesses to the due execution of these presents and in the presence of and with me, the said Notary, also hereunto severally subscribing these presents, having been first duly read to the said parties respectively in their presence and bearing.
 
      John Cummings  
      John Campbell  
  William Carter   John McPhail  
  } witness es Thomas Fulton  
  H. Kavanagh   William Morrison  
         Martin Sheppard
N.P
 
 
 
Quebec Gazette #6273 25/11/1844 Page 3, Col. 3B.
 
      We have been favoured with the following extract of a letter from Dr. H.W. Felton, of New Carlisle, to Thomas McCaw, Esquire, of Quebec.
    "The Cruickston Castle, of Greenock, for many years a regular trader to Quebec, loaded at Port Daniel, drove from her anchor on the 6th instant, during a tremendous gale from the southeast, and went ashore opposite Mr. Carter's; the sea breaking over her lower yards. The captain and crew remained on board in a most perilous situation, from that time till the evening of the 7th. A boat, which put out from shore to their assistance, was dashed to pieces in the breakers, but the sea calming down, they were at last got off, completely exhausted. The vessel is a total wreck, and will, with her cargo, be sold on the 15th instant for the benefit of all concerned."
 
 
 
     Steve Hack, great-great-grandson of the prolific writer, William McPherson, has kindly shared with us another insight into the wreck of the Cruikston Castle. William McPherson, born 1808, immigrated from Inverneshire with his parents and siblings to the Blacklands, County of Restigouche, New Brunswick, in 1819. In 1836 he and most of his siblings moved to Part Daniel where he took a farm and was at times a Lumberer, Merchant, Officer of Customs, Farmer, Justice of the Peace, Mayor of the Township, etc.  
 
Cruikston Castle
 by William McPherson 
 
  Our Captain John Commers, all hands he did summons
To get our good ship under way.
The Cruickston Castel was her name, a ship of good fame,
Bound from Greenwich for Chaleur Bay.

Eighteen was her crew, all good men and true,
When we left the old Scottish shore,
With a fine pleasant gale we crowded on sail,
And away to the westward we bore.

The weather was fine, and the wind did incline
In favouring us to the western shore,
On the thirty-first day in Port Daniel Bay,
In five fathom our ship we did moor.

We went to the shore for a stevedore
To load our ship being ready;
The weather was fine and we lost no time,
But worked both hard and steady.

In twelve days from when we came to this place
We were loaded and ready to sail;
Our ship she was clear, we were all in good cheer,
But now comes my mournful tale.

It being a fine day at our best bower we lay,
The wind being in on the shore.
It increased to a gale, we all did bewail,
Lest our ship she would part from her moor.

The sea ran so high, o'er our yards it did fly,
Our ship sometimes was bows under.
We were on a lee shore, where the billows did roar
And of our escape you will wonder.

Long before it was day, our anchors gave way,
Then our case you would deplore.
No prospect had we but to drown in the sea,
Our dear friends to see them no more.

The very first clip our sternpost it split
And then away went our rudder.
Broadside lay we, heeled out to the sea
Oh then how our hearts did shudder.

To the rigging went we - all hands from the sea,
Not one made any failure;
Though we could not hold long, wind and sea were so strong,
It's the last shift of a sailor.

Our Captain at last says cut the foremast,
Otherwise all hands will perish.
She will swing bow round, I will be bound,
And hopes for our lives we may cherish.

The mast being gone, she swung round bow on,
Her stern out to the sea.
Daylight did appear which did us much cheer,
As we mostly from danger was free.

Five men from the shore our case did deplore,
With a boat they tried us to save;
Halfway from the shore she swamped and turned o'er,
They escaped from a watery grave.

As it advanced in the day, sea and wind calmed away
And we all got safe to the land.
God he is kind, let us bear it in mind,
In our danger he lent us a hand.

Captain, Mates, crew and cook, all on our own hook,
Inclined no further to roam;
We gave up the wreck, took our dunnage on back,
And worked our way to our home.
 

G.R. Bossé©1999-03. Posted:
Mar. 18th, 1999.
Updated:
July 15, 2003.

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