Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part I

No. 18.

[Extract.]

Lieutenant Governor Gordon to the Duke of Newcastle.

Frederickton, January 18, 1864.

I have the honor to transmit for your grace’s information the enclosed report of the examination before the police magistrate at St. John of the individuals charged with being concerned in the alleged piratical seizure of the United States steamer Chesapeake.

In my despatch of the 1st instant I had the honor to inform your grace that the honorable J. H. Gray, of St John, had applied to me, in behalf of the accused, for copies of the requisition of the United States consul upon which my warrant, authorizing the arrest of the parties was issued, and of the depositions accompanying that requisition. I also transmitted to your grace copies of Mr. Gray’s letter and of my reply.

I accordingly transmitted the required documents to Mr. Gray, along with the letter of which I have the honor to enclose a copy, and in which my reasons for declining to entertain his application as a matter of right, whilst I acceded to it as an act of courtesy, for which persons in the position of the accused might fairly look, are fully stated.

I hope the course which I have pursued may meet with the approval of her Majesty’s government, and I have much gratification in finding, from a despatch from Lord Lyons, of which I enclose a copy,^* that the government of Washington are fully satisfied with the action taken in at once authorizing the arrest of the parties implicated.

I have received information that, in the event of the conviction of the accused, an attempt to rescue them may possibly be made. I need hardly assure your grace that I shall take effectual means to prevent the possibility of such an occurrence, should it appear that there is any reason for apprehending the design to be seriously contemplated.

[Enclosure 1 in No. 18.]

Examination before the police magistrate, St. John, New Brunswick, of persons accused of seizing the steamer Chesapeake.

Examination of Lieutenant Collins and Privates McKinney and Seeley at the police court yesterday.

St. John, January 5, 1864.

Eleven o’clock yesterday was the hour fixed for the examination or “trial” of Lieutenant David Collins and privates —— McKinney and Linus Seeley, before the police magistrate, H. T. Gilbert, esq., arrested on a requisition from the American consul in this city, on the charge of piracy and murder on an American vessel. But long before 11 o’clock the court was crowded to suffocation, and the policemen were compelled to hold the doors to prevent further ingress. There were many barristers, merchants, editors, and other “leading citizens” present, and the deepest interest was manifested in the proceedings. Messrs. Wetmore and Tuck appeared on behalf of the federal authorities, and Messrs. Gray and C. W. Weldon for the confederates.

Before the case opened, Mr. Gray asked Mr. Wetmore to elect upon which charge he would now proceed, and to state in whose name he was proceeding. Mr. W. replied that he would only state that he was proceeding upon the complaint of Isaac Willets. He first said he would take up the charge of murder, and subsequently decided to proceed with that of piracy, in the first instance. Mr. Gray then objected:

1. That this court has no power or jurisdiction to try for the offence of piracy. That for the trial of piracy a special commission must issue and a court be specially constituted for the purpose; and that such court is distinctly provided for by the imperial act.

2. That the warrant was insufficient. It does not show upon the face facts which are essential, under the treaty with the United States, to bring this matter into the courts of this province, or to create the special jurisdiction which enables us to arrest parties under those charges. [Mr. Gray cited the case of Dillon, charged with an offence on the sea beyond provincial jurisdiction (stabbing, we think it was,) who was arraigned before Judge Parker, and discharged. And Mr. Weldon cited the case of the brig Eliza, in 1847.]

3. Not only is the warrant insufficient on these grounds, but on the face of it is bad as charging two distinct offences triable before two different tribunals. There ought to be two warrants.

Mr. G. thought these objections fatal to any proceedings. Mr. Wetmore replied at some length, and read a large portion of the provincial act passed to give effect to the extradition treaty. He claimed that everything so far was regular, and that the magistrate could not go back of the warrant, which was sufficient authority for him. The magistrate told Mr. Gray that there was probably something in his argument; but that at present he would proceed with the preliminary examination, and if he decided before the case was through that he had no jurisdiction, he would give the prisoners the benefit of it.

Mr. Wetmore, for the prosecution, called Isaac Willett, the captain of the Chesapeake before her capture by Braine.

Evidence of Captain Willett.

Captain Isaac Willett sworn: Am a citizen of the United States; live in Brooklyn. A seaman for thirty years. Know the Chesapeake, owned by H. B. Cromwell, also a citizen of the United States. Was master of her in December, and had been for seventeen months. She was rebuilt in New York about three years ago. Previous to that she was called the “Totten.” [Mr. Wetmore asked where she was registered. Both Messrs. Gray and Weldon jumped to their feet and objected to the question. The magistrate agreed with them.] During these seventeen months the vessel plied between New York and Portland. She had a coasting license. [Mr. Gray objected to any evidence respecting contents of this license; objection sustained.] He had the paper until it was taken away from him on board the ship. On the 4th and 5th of December I had charge of the Chesapeake, then lying in North river taking in cargo for Portland. Most of the freight was taken in on the 5th, Saturday. She carried passengers also. I saw these three prisoners on board on the trip in question; saw them first about supper time, about 6 o’clock in the evening. We left New York on the 5th December; I was in the wheel-house when the vessel left the wharf. They did not buy tickets; paid their money on board. I identify Collins and recognize the others. I wrote their names on a piece of paper and gave it to the stewardess to arrange rooms for them. [Wetmore asked the names of the other persons on board. Gray objected; objection overruled.] There was a person who called himself John C. Braine, said he was a colonel. Understood there was a person named Brooks. Don’t recollect the names of Seeley and Clifford. All the passengers paid their passage except two. We proceed direct to Portland from New York; do not call. The vessel, a propeller, was worth from 60,000 to 70,000 dollars. There was an assorted cargo: flour, sugar, wine, and such like. Do not recollect the owners. Do not know its value; probable 80,000 or 100,000 dollars.

There was no disturbance until Monday morning, 8th. We were then about twenty miles north-northeast of Cape Cod. Cape Cod is in the United States. About a quarter past 1 in the morning, the first thing I knew, the chief mate, Charles Johnson, came to my room and called me, saying somebody had shot the second engineer, Orin Shaffer. I turned out of my room and went to see how badly he was shot, and had hardly time to get out of my room before I was shot at. I was at the engine-room door, on the upper deck, where my room was. I found the body of the second engineer lying on the deck; it’s more than I could tell, whether he was alive or dead; he appeared to be dead. I was in the act of stooping down to raise him up, when I was shot at twice. I then walked forward and was shot at again; I supposed to be from a pistol. Next day I saw two places in the floor where pistol-balls had gone through right by where I was. I can’t tell who shot at me; I only saw two persons then; I cannot identify either of these prisoners as the parties. I saw no marks of violence on the engineer, but I saw marks of blood where his head lay. When I walked forward I was going into the pilot-house, when I was collared and a pistol was put to my face by First Lieutenant H. A. Parr, who was in the pilot-house. He collared me and said I was his prisoner, in the name of the southern confederacy. Parr put the irons on me, two or three others stood beside him; they seemed to be standing there doing nothing. He put handcuffs on each wrist; the irons could be made small or large. They put me into my own room; I could have come out when I pleased; no use for them to lock the door. I don’t know what became of the body of the chief mate, except what I heard from the others. I was confined an hour, when Parr and Sailing-master Robinson came to me; they didn’t say much, but took me into the cabin; there I saw some of the other passengers who were not concerned in the affair. While I was here the chief mate, Charles Johnson, and chief engineer, James Johnson, were brought in wounded; I had heard reports of fire-arms. The mate was wounded in the right knee and left arm; the wounds appeared to be made by pistol shots; I saw the leaden ball taken out of the mate’s arm; he suffered considerably from the knee, not so much from the arm; Lieutenant Parr took the ball out of the arm. The chief engineer was wounded by a bullet in the hollow of the chin. Parr said he would get the balls out of them if he could, and fix the wounds. The chief mate laid on a lounge until he was put on board of the pilot-boat. I remained in the after cabin until 8 next morning. The irons were then taken off, and Robinson went up to my room on deck with me; I was in the room a few minutes and returned to the cabin. When on deck I saw Collins and Seeley there; Seeley was scrubbing brass on one of the timber heads; the others did not appear to be doing anything in particular. Colonel John C. Braine took my ship’s papers from me in the afternoon before I was landed in the pilot-boat. Braine seemed to have command of the vessel; she was taken from rae by these parties against my will and consent. I saw McKinney on board the vessel; they seemed to be about the vessel, and appeared to be eating the grub up as fast as possible. Don’t recollect of seeing McKinney doing anything. The person who was navigating the vessel was named Robert Osburn a passenger, one of the six who bought tickets in New York. None of the parties named in the indictment had tickets. The first land we made after they took possession was Mount Desert; I asked them where they were going; they said Grand Munan; I asked where they intended to land me; they said St. John. Mount Desert is on the American coast, east of Portland. I would not see it if I were prosecuting a voyage from New York to Portland. After passing Mount Dessert we saw land east of that place. We proceeded to Seal Cove harbor, Grand Munan. The boat was lowered, three or four men went ashore, remained a little while and came on board again, when the steamer left and came up the bay to St. John. Next I was taken up to my room by Braine and Parr; Parr made a copy of Braine’s instructions, and Braine gave it to me. He ordered me to give up the coasting license, the permits for the cargo, and the money I had collected from Braine for his party, in all eighty-seven dollars. He asked for the money he had paid over to me; it was my employer’s; I knew it would be worse for me if I did not; I handed it over against my will; Braine had a pistol in his hand at the time; I handed money, ship’s papers and permits to him. The “papers” were the ship’s “coasting license” from the New York custom-house, under which she was coasting at the time, as required under the American law. After this they took me away from the room and took me aft (Braine and Parr) and ordered me to stay there. We then saw a pilot-boat; we were on our way to St. John. The pilot-boat ordered us to stop; some one came on board the steamer from her, stayed a few minutes and returned. Then Captain John Parker came on board and apparently took command. They then took the pilot-boat in tow and steamed up to Dipper harbor. All of the passengers and crew, except two engineers, (James Johnson and Auguste Striebeck,) and three firemen, (Patrick Conner was one,) were put on board the pilot-boat. The firemen and engineers were kept against their will. Those who went on board the pilot-boat were myself, Charles Johnson, chief mate, Daniel Henderson, three boys and four sailors, whose names I do not recollect, the stewardess and five passengers. One of the passengers belongs some thirty miles back of St. John, the other four belonged to Maine. These five passengers had tickets. Robert Osburn remained on board the Chesapeake; he also had a ticket. The steamer towed the boat some live or seven miles and let go of us; we were put on board the boat about 5 in the evening; that was the last we saw of the steamer. I landed in St. John about 4 on Wednesday morning. I got a boat from a big ship near Partridge island and came to town with four of my men and two passengers. From the way the parties acted on my steamer I was afraid of my life. Everything was taken against my will. I saw one or two of these prisoners on watch; they were on deck. I supposed they were on watch; they seemed to be acting as other men would who were on watch. Braine’s party assisted him in charge of the vessel. As far as I know, these men were assisting him. I did not see them making sail or shovelling coal. I don’t recollect of seeing Collins or McKinney doing anything except being on deck.

Cross-examined by Mr. Gray: I don’t deny there has been war in my country for two or three years between those calling themselves Confederate States and the so-called United States.

(Mr. Wetmore objected to this as an improper way of proving a state of war. The magistrate did not think this evidence could be shut out.)

I can’t remember how many States are called the Confederate States—Virginia, North Carolina, South Carolina, Georgia, Alabama, Mississippi, (about one-third of the latter.) Abraham Lincoln is President of the United States, and Jeff. Davis President of the Confederate States. I never heard of Mr. Benjamin, confederate secretary of war. I have heard them say they have a government. I have read Lincoln’s proclamations of war against the south, ordering them to destroy the property of the south, but I do not recollect its contents. I never took notice of it to—

(Here the witness was stopped.)

Parr did put a pistol to my head in the pilot-house, and said he took me prisoner in the name of the southern confederacy. They put the irons on me rather hard. They did not say anything about taking the vessel in the name of the Confederate States then. After they took the handcuffs off there was always a guard with me when I went about. I did not see any act of violence towards the passengers after the capture of the vessel. The handcuffs were also removed from the officers. I left a copy of the instructions which Braine left with me, in New York.

(Mr. Gray asked the captain the substance of these instructions; Mr. Wetmore objected. Mr. Gray argued the point, and then read from manuscript a copy of Captain Parker’s order to Braine, (which Captain Willet had published in the New York Herald and other papers,) and asked the captain if the copy was correct. The witness said it was nearly correct. The name of the sailing-master in the copy handed him by Braine was George Robinson, not Tom Sayers; the name of the engineer was not given in it, and the number of the men stated was eleven, not twenty-two. In other respects Mr. Gray’s copy was correct.)

The confederates kept of my private property one double-barrelled gun, one single-barrelled gun, five five-barrelled revolvers, and one six-barrelled revolver. (I did not come out of my room “in what they call my shirt-tail.” ) They kept me aft and plundered my room. They took three coats. I missed them when I commenced to pack up. I brought ashore my clock, eight charts, sextant, and three books. The passengers also brought ashore their own things. I did not see Braine give the passengers money to take them back to New York. The crew brought part of their things ashore. They put us into the pilot-boat six or seven miles this side of Dipper harbor. I did not see and do not know that the confederate flag was raised over the vessel. They fired two shots at me, and I don’t know how many more. The first two shots were fired at twelve feet. They mast have been bad shots. The Chesapeake had two 6-pounders forward, and of ammunition half a keg of powder; no cutlasses. The confederates who cut out the Caleb Cushing at Portland were sent to Fort Warren; I have heard so. The Chesapeake was engaged in retaking the Caleb Cushing. I saw the confederates who were then taken; they were sent to Fort Preble. I do not know that those confederates were ever tried as pirates, or in any other way. Only Lieutenant Parr told us that their party was acting for the Confederate States. They all seemed to be working together, and were working under Parr and Braine. I was not at Sambro, and did not see the steamer after I got into the pilot-boat. None of my crew, to my knowledge, were kept in irons the next day—the day after the capture. I never saw or heard of Braine or Parr before.

Re-examined by Mr. Wetmore: I have heard the confederates called rebels in the northern States generally. The Caleb Cushing was lying at a wharf in Portland harbor when captured. Braine was called colonel; the parties all seemed to be working together. I cannot tell whether Braine paid the passage of these three men, the prisoners

Both sides having exhausted the evidence of the captain, the case was adjourned until Wednesday morning. During the forenoon there were one or two attempts at applause by spectators, especially when Mr. Gray referred to the fact that if the prisoners were committed by the magistrate they would be delivered up to the federal authorities to be tried for their lives in that country, and under laws in the making of which they have had no voice. The magistrate very properly and promptly rebuked the offenders. It is to be hoped that nothing will occur to interfere even in the slightest degree with a thorough and impartial investigation into the charges made against the men now in custody.

St. John, January 7, 1864.

Yesterday morning, shortly after 11 o’clock, the examination of Messrs. Collins, McKinney, and Seeley, before the police magistrate, was continued. The courtroom was crowded with spectators as on the first day, and many persons went away unable to obtain admittance. The only witness examined was Mr. Daniel Henderson, who was second mate of the Chesapeake before her capture. We annez a verbatim report of his testimony:

Evidence of Daniel Henderson.

Daniel Henderson sworn:

I reside in Portland, Maine. Am an American citizen. Have been a seaman for eleven years. Have been recently employed in Portland and New York— the Chesapeake was my last vessel, running between these ports, carrying freight and passengers. Have been in her ten months on this route. About five years ago I was in her for two or three years; she then ran between New York, Baltimore, Charleston, and Savannah, and sometimes Portland. She was then named the Chesapeake; had previously been named the Totten. Was then owned in New York. Is owned by Henry B. Cromwell, an American citizen. I know nothing about her register; never saw her coasting licenses. I was second mate of the Chesapeake. The first mate was Charles Johnson. James Johnson was first engineer, and Orin Shaffer second engineer. There were eighteen of a crew in all, with the stewardess.

I was on board the Chesapeake on Friday and Saturday, the 4th and 5th of December. She was then lying at pier 9 North river, New York, taking in cargo for Portland. We left New York for Portland on Saturday, December 5, about 4 o’clock p. m. We generally make the passage in 36 or 37 hours, according to the weather. On the 5th of December we had passengers and freight on board; there was considerable cargo of cotton, wine, &c.—pretty nearly full. The Chesapeake is between 400 and 500 tons. The cargo was a pretty valuable one; can’t say how valuable the cargo or vessel was. We had twenty-two passengers; I don’t know their names. I heard some names mentioned on board—Braine, Lieutenant Parr. That’s about all the names; I also heard Collins’s name. I had seen Braine before. He came about two weeks before that as a passenger on the Chesapeake from New York. He said he was from London. He had a wife and child with him at that time. There was nobody shot on board the steamer that time. I saw the three prisoners on the trip on the 5th December. They came on board as passengers. I did not notice any of the passengers when they came on board. Sometimes we have 70, 60, 50, or or 40, or 30 passengers—22 was not an unusual number, and excited no suspicion. When the steamer starts I am generally cleaning up, making sail, &c. I have nothing to do in the pilot-house, except when it is my watch—that is, from 8 to 12 at night. On the night of the 5th I was in the pilot-house at those hours; I recognized Braine around the house that night. Nothing unusual occurred on board that night. It was a very dark night; there were rain squalls, and it was very cloudy. At 12 I called themate, Charles Johnson; his duty was to look after the ship as I had been doing. His watch was from 12 till 8 in the morning. His place was in the pilot-house or on deck, just as he chose. I went to bed at 12 o’clock. My room was next to the pilot-house, right abaft, on the upper deck. On Sunday night I took my watch from 8 to 12, and went to bed at 12. I was in bed about an hour and a half, when four men came to my room and broke in the lower panel. I was asleep at the time. They opened the door right out. [Here Mr. Gray objected to the witness stating “what these four men did,” until he identified the prisoners as of the party. The magistrate allowed the witness to proceed.] I can’t say. that either of these prisoners were the men. Two of them were officers; their names I do not know. They held their four pistols right over me, right at me, in the bed, and told me to turn out and put my clothes on. The pistols were all revolvers. I couldn’t say whether they were cocked; I should think they were loaded. They then made me put up my hands, and they put handcuffs on me. I asked them if I couldn’t see the captain, or somebody belonging to the ship. They said no, I couldn’t see nobody. When they put the handcuffs on me, they said I was a prisoner of the Confederate States. Nothing further was said at that time. They then locked me in the room. I was there about ten minutes when I heard a noise like a man falling at the pilot-house door. I shoved my door out, and fell down on deck. Then two men, whom I would not know, catched right a hold of me and shoved me into the pilot-house and left me there. I was there about twenty minutes when Braine came in, and I heard him say the second engineer was killed and hove overboard. He went right out again. I was there till 7 o’clock in the morning. Braine and others came in once in a while. Seely, whom I recognize, came in twice. A big, tall fellow, with sandy-colored whiskers, whom I do not know, and whose name I did not hear, was steering. He was not one of our crew. I did not see either of the other prisoners in the pilot-house. Seely came in to warm himself. He was keeping watch forward. I was sitting down in the corner of the pilot-house. Seely said nothing, except that he wanted to warm himself. Some of the officers (confederates) came to me about half-past 7, Monday morning, and asked me where the paints were kept, and told me I must go down and show them the place. I went down. One of the confederates, whom I would know if I saw, went with me. He had a pistol; I never carry arms. I showed them where the paints were. He said he wanted to paint the ship’s name out, and the yellow streaks off the smoke-stack. I asked him to take me out of irons. He said not, and put me in the pilot-house again. I remained there till 8 o’clock a. m. The same big man was at the wheel. I saw the prisoner, McKinney, standing outside the pilot-house, doing nothing. Seely was keeping lookout all the time. I had not seen Collins up to this time. One of the officers came to me, a little after 8 o’clock, and took the irons off me, and took me to the passengers’ cabin on the second deck. I saw the mate there, wounded in the right leg and left arm; he was lying on a mattress. The ball had been taken out of his arm, but they could not get it out of his leg. The engineer was also there, wounded, in the cabin. I stayed there till breakfast time. I asked Braine if I could stay there and attend to the first mate. He said he would see after a while, and afterwards said I could stay. Braine put a guard over me. I don’t know the guard’s name. McKinney was standing at the cabin door, with a pistol in his hand. I saw Braine speaking to him, but did not hear what he said. He remained a part of the time, and another took his place. The guard over us also had a pistol. It was nearly 9 when we were taken out for breakfast. There were four men on guard, standing up, walking about on each side the table. Each man had a revolver. McKinney stood on the steps, pistol in hand. After breakfast, I went into the passengers’ cabin, with the mate, and stayed there most of the day, Monday. I asked liberty, and went on deck several times during the day. There was no guard sent with me, but guards were stationed all along deck, on both sides of the ship. I saw Collins walk around deck, with a pistol in his hand; I did not hear him giving any orders at that time. I saw Seely at that time cleaning brass on the timber-heads. I saw Braine and Parr at different times, talking with these prisoners, during Monday and Tuesday. On Monday night, us prisoners belonging to the ship were sent below; the officers were put in the passengers’ cabin, and the seamen and firemen were put forward, with the exception of one of our firemen that they had on duty. At 8 o’clock on Monday night, one of the (confederate) officers came down and took me up to the pilot-house, and asked me to show him how the bells worked for stopping the engine. I showed him. When I was in there, I asked where was our men; they said they were below I heard Collins and Braine and Parr called by name. I heard Braine call Collins lieutenant. The parties all seemed to act under Braine. The officer who took me up had a pistol at his side. He took me back to the cabin. I remained there all night. I was kept under restraint all this time. I sat by the mate all night. On Tuesday morning, about half an hour before we got to Grand Manan, the party who was running the vessel for Braine sent Braine down for me. Braine took me on deck and told me to go forward and get the anchor ready to let go when they gave orders. Braine stood over me with a pistol. I got the anchor ready, according to their orders, and let go when Braine told me. It was in a harbor, in Grand Manan. This was about 8 o’clock, Tuesday morning, December 8. During all this time I didn’t know what they were going to do; they wouldn’t tell me nothing. I was a prisoner all the time and kept well down, with a guard over me. I was alarmed.

I saw blood on the deck where one of the officers (confederate) said the second engineer laid. He told me they killed him and hove him overboard. One of the confederate party told me the second engineer was shot in the head. I only know about the engineer what I heard the party say. The second engineer could not have pumped hot or cold water over the deck under twenty minutes’ time. He might have done it alone. To do it, he would have to come up on deck and go forward to the engine-house, go to his hose-box, unroll the hose along deck, and then connect tbem with the goose-neck on the engine on the upper deck, then pass them down into the lower engine-room, then go around behind the engine-room and go below, himself, and start his machinery there. Then he would have to come up again to his own engine-room and get a hold of his hose. It’s not an easy thing for one man to do alone; I don’t know that he could do it. All this would take him twenty-five minutes. I do not know that the second engineer had a pistol, I heard Braine say to the first engineer that he believed the second engineer fired first. The engineer said that he believed the pistol laid in the second engineer’s bed yet, and that, if Braine would allow him, he would go to the room and find it. Braine did not say anything. I believe they went in search of the pistol and found it. [The magistrate ruled this last paragraph out.] I heard the chief engineer say to Braine, afterwards, that they had found the pistol in the second engineer’s bed, and Braine could go and see it. The second engineer was a stout, able man, nearly 6 feet, about 45 years old, lived in New York city, was a United States citizen, and told me several times he was born up the North river. He was on the boat pretty nigh two years; was a very nice-dispositioned man, a gentleman in his manner, &c.

After I let go, at Grand Manan, we had breakfast. I did not feel like eating at the moment; I felt uneasy. I did not know at what moment I would go over the rail. They lowered a ship’s boat. Braine and three or four men went ashore, and remained ashore two or three hours. Then they came off, hoisted the boat, and steered towards St. John. At this time I was in the cabin, into which I was ordered by one of the officers, and was kept under guard. They fell in with a pilot-boat; the boat ordered them to stop the steamer, and a man came on board from the pilot-boat and stayed awhile, went back, and returned to the steamer with another man with a valise. This was two or three hours after the steamer left Grand Manan. I did not hear either of these parties called by name. I could not say of my own knowledge whether either of these parties took charge. I was aft all the time. The steamer took the pilot-boat in tow up to Dipper harbor. Then they hauled the pilot-boat alongside and put all of our crew aboard, except the two engineers and three firemen. They kept James Johnson, the chief engineer, August Stiebeck, the third engineer; I don’t know the names of the firemen. Five passengers were put on board the pilot-boat; these were not of their party; on board the steamer they were kept down just as we were. One of the passengers remained on board the steamer: the person who acted as pilot. I do not know his name. The steamer towed us to within about three miles of Partridge island, and then let go. The steamer kept on her course towards St. John. It was about 8 o’clock, Tuesday evening, when they cut us clear. We kept on with the pilot-boat as long as we could. The boat anchored abreast of Partridge island. We stayed on the boat until ten next morning. The steamer Chesapeake and cargo were taken from our possession by this party against my will, and was taken away by this party. I was in fear of my life from the time they took the steamer until I got out of the pilot-boat. I am not in the habit of being afraid under ordinary circumstances. We came up in the pilot-boat about 11 on Wednesday morning, and were put on board the steamer New England.

These prisoners were on board the steamer when she cast us off, and went with her. The prisoners were acting with Braine, all aeting together.

The confederates put a staging over the stern of the vessel when they got the paint, for the purpose of painting the name out; and they said afterwards that they did paint it out. They made our men paint the yellow streaks out of the smoke-stack; they painted them black.

[Mr. Tuck asked the witness if the Chesapeake was an American vessel. Mr. Gray objected, saying this was not the proper way to prove her nationality. Magistrate seemed inclined to agree with Mr. Gray. Mr. Tuck cited what he considered a parallel case from “Curtis’s Digest.” Mr. Gray and Mr. Weldon replied. The court ruled against the question.]

The Chesapeake carried the American flag. I never knew her to sail between any other than American ports. The stars and stripes are the American flag. The captain and crew had not charge of the vessel and cargo after she was taken possession of on Monday morning.

Cross-examined by Mr. Gray: I was in bodily fear of my life while on board the steamer when in hands of the confederates. My thoughts were a good deal on that. I have not told more than occurred. There was a good many things that I did not see. In coming down by the train the other day I did not get out for fear of coming to St. John. When I was aroused I was told I was a prisoner to the Confederate States. I don’t know that the federals have taken many vessels from the confederates—they may have taken some. When they took me prisoner I knew what they meant. I thought they were acting for the Confederate States. I did not see the confederate flag run up. I did not see the copy of the order given to Captain Willett by Lieutenants Braine and Parr. Captain Willett told me they gave him their names; he did not say they gave him a copy of the order. I was not treated with any unkindness more than was necessary to prevent the recapture of the vessel. They kept the engineer on duty when he was severely wounded in the chin and bleeding. When we landed I took what clothes I had; the confederates did not prevent me taking anything. I did not see Lieutenant Braine and Lieutenant Parr talking to the other passengers. The party who sailed the vessel after she was taken appeared to act as if he was one of them. The cotton on board may have come from New Orleans or elsewhere. It might have come from Europe. I don’t know. There was no one hurt who didn’t make resistance to the capture of the vessel. Did not hear of Braine saying that his orders were not to injure any one except in case of resistance. I believe the men of the vessel were not ironed after Monday morning, when possession of the vessel was secured. The confederates told me that if I would be quiet and stay below I would be taken care of. One of them said no harm would be done me if I did not attempt to recapture the vessel. I believe ail the passengers brought their baggage with them when landed. I do not know, and did not hear, that any of the passengers and crew (except the captain) lost anything.

To Mr. Wetmore.—I do not know that these men were acting for the Confederate States. The chief engineer was forced to work when wounded. I don’t know what became of the baggage of the second engineer, who was killed. I do not know how he was killed; that was when I was asleep.

The examination was conducted in scarcely so serious a style yesterday as on the first day. The witness himself was rather an “original” character. The lawyers, especially Mr. Gray and Mr. Tuck, appeared in a mood for sparring; and the audience were inclined to manifest their appreciation of the good hits that were occasionally made both by counsel and the witness. The lawyers on both sides seem to feel the utmost confidence in the justice of their respective causes, Mr. Gray frequently informing the court and spectators of what he “intends to show before the case is through,” while Mr. Tuck and Mr. Wetmore identify themselves with their federal friends by talking of “robbers,” “pirates,” &c. The witnesses already examined seem to tell a pretty straight story, although the cross-examination has not failed to add to its interest by eliciting some new facts that might otherwise have been lost to the world.

At 4 p. m. a third witness named Charles Watters was wanted for the prosecution, but was not on hand. One of the policemen stated that Mr. Watters had said to him, when he went after him, that he would not appear unless compelled to do so. A document was accordingly issued to compel his attendance, and when the case comes up again at eleven to-day, Mr. Watters will probably take the stand.

On Thursday the investigation into the charges against Messrs. Collins, McKinney, and Seely was resumed.

James Johnson sworn.—I reside in New York; was born in Ireland; have lived in New York fourteen years; am not naturalized; am an engineer; I know the steamer Chesapeake; I was her chief engineer for over a year; it was three years last July since I first went on board of her. She was employed in carrying passengers and freight. I was on board of her Friday and Saturday, December 4th and 5th. I was in charge of the engine from 6 to 12 that night. Nothing unusual occurred that night or on Sunday. The first thing I knew between 1 and 2 o’clock on Monday morning, I was awakened by the report of a pistol. My room was on deck. I went out and found Mr. Schaffer on deck lying at the engine-room.

Yesterday Mr. Johnson resumed as follows:

The Chesapeake’s voyage at this time was from New York to Portland. I can’t say where she was built; I have known her for six years. She was called the Chesapeake six years ago. I knew her previously under the name of the Totten. She then traded between New York and Baltimore; I don’t know where she was built. She has always traded between American ports since I knew her. She was rebuilt at one time in New York; I don’t know where. She was called the Chesapeake before rebuilt. She is owned by H. B. Cromwell; carried the American flag. When I found Schaffer’s body lying on deck I raised him up and called him by name; he did not answer. He was lying on the deck with his feet down the hatchway. His body was on the deck. He was dead. This was between 1 and 2 o’clock. I did not see blood then. The night was pretty dark. I saw two specks on his neck. I could not tell whether they were cuts. I then went down, where he had come up, to the deck below. I then got a pistol put to my head by Collins, the prisoner, whom I identify. I could not see whether it was cocked. I told him to hold on; and then a man besides Collins, whom I took to be Brooks, shot me with a pistol.

[Mr. Tuck asked the witness if he knew who shot the second engineer. The witness was going on to state what Brooks said, when the prisoners’ counsel objected. Magistrate decided against the question.]

None of the prisoners now present were within hearing when Brooks made a statement to me. After I was shot I went across to the engine-room. Before I went below, when I was at the body of Schaffer, I spoke to Wade and asked him to help me. He seemed to be afraid—said nothing. Wade was one of the party who conspired to take the vessel. I was fired at without anything being said to me. The ball lodged in my chin; it remained there until two days ago; it was taken out by Dr. Earle at Ossekeag. When I went across the engine-room I found the mate, Charles Johnson, coming into the room. He had been shot twice—once in the knee, the other in the arm. He and I went into the kitchen through a little hatch. We stayed there for about a half-hour. From there I saw Mr. Sehaffer’s body thrown overboard by three or four persons. Braine was one of them. I didn’t know the others. He was thrown over just as he was; was not wrapped in anything. I don’t know how long this was after he was shot. The cook came to the kitchen where we were. I asked where Captain Willett was; he said he was in the cabin. I asked him what was going on; he said the ship was taken. I told him to tell some one to come and take us out. I had no clothes on except my night-shirt. George Robinson, the sailing-master, came and took me to my room to dress. (Robinson was sometimes called Sears on the boat.) I did not see any pistol with Robinson. I heard two or three pistol-shots fired on board. After dressing I went with Robinson to the cabin, where the captain was in irons. The mate was there, wounded. Mr. Parr, who was called lieutenant, was taking a shot out of Brooks’s hand. He then took a shot out of the mate’s arm, and tried to take the shot out of my chin, but could not do it—he said it was fast in the bone. I had some conversation with Lieutenant Parr. He told me to keep the cold out of my cut. He assisted me in wrapping up my chin. I had no conversation at this time with reference to the pistol-shots. I afterwards went to the engine-room with Robinson to see if everything was right there. The third assistant and oiler, Striebeck, had charge of the engine. Captain Willett had asked me if the ship was safe; I said no; Robinson overheard this and went and asked permission to take me to the engine-room. I wanted to see what state the ship was in, or if she was going to blow up. I found the oiler there; did not remain there long. I told the man how to carry steam, and then went back to the cabin. I remained in the cabin an hour and then went back to the engine-room. There was always some one with me as a guard. I don’t remember either of these prisoners going with me. I was taken back to attend to the engine, and see that everything was going right. Braine spoke to me and said they had no engineer, and that I would have to attend her. I was hardly fit to do it, the wound in my chin bleeding enough to cover my shirt. I remained in the engine-room all day; I had to stay there, with some of the crew as guard all the time. Both McKinney and Collins were on guard over me at different times. They were armed with revolvers. There was one man on guard in the engine-room and one in the fire-room all the time. I was not threatened. The two Coxes, Harris, two Moors, who were brothers, Tredwell, Wade, Collins, McKinney, Brooks, and Seely, guarded me in turn. Lieutenant Braine used to sit with me sometimes. He had command of the crew. The sailing-master, Robinson, was on deck. They were all acting in concert. They acted under the orders of Braine and Parr, and sailing-master Robinson, as far as I could see. I remained in the engine-room nearly all the time; when I slept it was on the locker in the room. I was not on deck much—hardly any. Did hot see what was going on on deck. I don’t know the time when the vessel stopped at Grand Manan. She remained there two or three hours. When we left there we came down towards St. John. We arrived off the harbor between 7 and 8 on Tuesday evening, December 8. The steamer stopped on the way up and took a captain, Parker, on board from a pilot-boat. He took charge over Braine. There was a gentleman, a Mr. McDonald, came on board at the same time. Mr. Parr introduced him to me as Mr. McDonald. We got nobody else in there. This Mr. McDonald came to see me, and told me to content myself for a few days—that he would only keep me forty-eight hours longer. He said he was concerned in the thing. I told him I wanted to get home, as my folks would be uneasy. He asked me for my wife’s address, and said he would send her a telegram to let her know I was well and would be treated well. He forgot all about this afterwards. I gave him the address. There was no telegram sent. McDonald went ashore in St. John. This was the only conversation I had with him. I saw him when I left Halifax the other day. He accompanied me all the way to Moncton, perhaps to see that I got safe through—not with my wish.

We remained off Partridge island from three to five hours. A boat went ashore from the steamer with Captain Parker, Mr. Braine, and Mr. Parr. They did not tell me why they went ashore.

They were ashore all the time we laid there. We started as soon, after they got back, as we could get steam up. McKinney went ashore with them. I don’t know whether they took anything on board with them. They got no coal here. I do not know that they got any provisions. We left St. John about two o’clock on Wednesday morning, under steam. I was still kept at the engine. We went into Shelburne, Nova Scotia, first. We got there between eight and nine o’clock on Thursday night. Captain Parker had charge of the vessel on her way to Shelburne. Had I been allowed, I would have gone ashore in St. John; I was not allowed. I was taken away against my will. Four of our men besides myself were taken—myself, Striebeck, the oiler, Richard Tracey, Patrick Connors, and John Murphy, firemen. I believe the others of our crew went on board the pilot-boat. I managed the engine from here to Shelburne. I got a little sleep once in a while; I slept in the cabin three hours one time, the rest in the engine-room. We had a rough passage to Shelburne—a heavy gale of wind after we got around Cape Sable; it snowed. We laid to an anchor in Shelburne harbor all of Thursday night. We got coal and wood there. It came on board from a schooner. Captain Parker said we got ten tons of Sydney coal and two cords wood. I don’t know whether we got anything else or not. We put some little freight on board the schooner—some sugar, apples, and flour. I don’t know the value of the freight; could not tell how many packages. Mr. Braine left the vessel there. I don’t know whether he took any of the freight with him. I don’t know where he went. He came on board again at La Have.

We got additional crew at Shelburne—four persons. The names of two were Snow and Smith. They had as many men before as the ship needed. Captain Parker said he belonged to Shelburne. He was his own pilot. I did not hear him called by any other name. We left Shelburne on Friday morning at daylight.

We put into La Have river towards evening, where we came to anchor. When there we discharged cargo into a schooner—there was flour, wine, sugar, and tobacco, and some cases of stuff. I can’t tell how many packages of each went out. The wine was in quarter pipes. There was also some cotton went ashore. (The wine was distributed on board the vessel; I got some of it.) I heard Captain Parker say that Mr. Kinney, a man living there, got a thousand dollars worth of the freight. Braine came back here. We laid there three or four days, and over Sunday. Braine did not tell me where he had been. He only stayed there a little while. Mr. Parr told me that Braine took a trunk with him, supposed to be jewelry. [The magistrate objected to this “hearsay” being taken down as evidence, and adhered to his opinion, although Mr. Anglin furnished information respecting O’Connell’s trial for high treason.] Braine did not return to the ship again. That was the last I saw of him. We got no coals or additional crew at La Have. We got some wood. I did not hear these prisoners says anything about Braine at this time, nor do I know what Braine took. Mr. Parr told me he was going away for a day or two to bring Braine back, and when he returned he would try and get the captain to liberate me, as he knew I wanted to get home. He also said Braine was not doing right; that he had taken four hundred dollars with him ———— [The witness was stopped.] Parr said I was not in a condition to stay on board, and ought to be liberated.

[At this stage the court adjourned for dinner. At 2.40 p. m. the examination was resumed. Mr. Gray again objected to the admission of the statement of Parr relative to Braine’s leaving with money, &c., and cited “Roscoe’s Criminal Law.” Magistrate said he had already ruled in Mr. Gray’s favor.]

Parr left after this conversation. He did not come back while we were there. I don’t remember what evening we left. Captain Parker was still in charge when we left La Have, and these prisoners were also on board. We left and went down to the mouth of the river. I don’t know of any special reason for leaving La Have. I had nothing to say in the matter. We towed the schooner down to the mouth of the river and loaded her with freight; she was a vessel of about fifty tons. We loaded her pretty well with the Chesapeake’s cargo; I can’t say what. I saw the schooner lying at anchor next morning. I did not know where she went, or what was received for the cargo. We got some wood off the schooner before we put the freight in her. We remained at the mouth of La Have till daylight next morning. Then we went to Sambro. The coals we got at Shelburne lasted us down to Sambro, which is twenty miles from Halifax. Captain Parker went to Halifax for coal; he took none of the cargo with him. He returned to Sambro with a schooner loaded with coal, and two engineers and two firemen. Parr had not returned at that time. We were taking in coals at Sambro from the schooner. They arrived at two in the morning; Captain Parker was in the schooner. I got up and spoke to Captain Parker, and he told me about those men he had. He asked me to show the engineers the machinery; I told him I would after daylight. After that I was getting ready to leave—Parker told me he was done with me—the pilot, named Flinn, who carried her into Sambro, reported to Captain Parker that a gunboat was coming in. Parker went on deck to see her. (This was in Mud cove.) He asked his new engineer to get some steam on. Captain Parker asked me to scuttle the ship. I told him I did not know how; he said I could cut a pipe and do it. I said we had no pipes that I could cut. Captain Parker left the cabin then. I carried my clothes on deck, and when I went up Captain Parker and his crew (including the prisoners) were leaving the ship. They all left. I went and got the American colors out the wheel-house, and gave it to one of my firemen to run up. He ran it up, Union down. The gunboat came alongside us and boarded us. Lieutenant Nicholls was in command of the gunboat. At this time the oiler and three firemen, and the two engineers that Parker brought, were on board. The new engineers had no chance to get into the boats. I had not steam up on the vessel. Lieutenant Nicholls asked me who was aboard the steamer. I told him. We then went to getting steam up. We had not coal enough to leave, and had no oil aboard. We left in an hour or an hour and a half. The gunboat was named Ella and Annie. We got coal and oil enough to start, and went to Halifax. The gunboat went into Halifax with us; the Dacotah was behind us. We came to anchor in the harbor, and I went ashore in the evening. I was in Halifax since then until last Monday morning, when I left for here.

From the time the Chesapeake was taken Mr. Braine and Captain Parker and their crew had charge of the vessel, and Captain Willett and his crew had no charge from that time. I did not act of my own free will from that time, but under the orders of these people.

[Mr. Tuck asked what conversation he had with Lieutenant Parr respecting finding the second engineer, Shaffer’s, pistol. Mr. Gray objected.]

I went into the second engineer’s room with Lieutenant Parr and Striebeck, and I found the engineer’s pistol, and handed it to Mr. Parr. I found it in the second engineer’s drawer. Parr examined the pistol. He said it had not been used. His room was on the deck above where he attended the engine. This engineer had been in the Chesapeake two years; I had been there all that time, and knew him well. I hired him. I never knew him to carry a pistol; if he had, I think I would have known it.

There were no means on the Chesapeake for putting boiling water on the deck. We had a force-pump to throw cold water, and hose in case of fire. The second engineer could not have got them to work. I saw these prisoners from time to time after the vessel was captured. I do not know what Collins’s position was or what he was called. They all carried revolvers.

Cross-examined by Mr. Weldon: I stated that Brooks was shot in the hand. It was in the left hand. Parr cut the shot out. I did not hear anything said about the second engineer shooting him. The engineer’s place was on the deck below. I saw Brooks’s face as the pistol flashed when he fired at me. He was not two feet from me when he fired. The ball was bedded in the bone. The wound in the chin can be seen now. The mate and I went into the kitchen and remained there half an hour before any one came. There was no more violence used. I gave Parr my razor to cut out the ball. They did not say they took the vessel in the name of the Confederate. States. I heard nothing about the Confederate States. They used a secesh flag in Shelburne. I can’t describe it; it didn’t look right to me. I mean the confederate flag. I can’t tell the color of it, or the number of stars. I took a look at it, but I can’t remember what it looked like. I understood from one of the men that the confederate flag was up there. I can’t tell how many colors there were in it. Neither Braine nor Parr told me they had orders to take the vessel. Parr told me he and Braine travelled on the Chesapeake a month before for the purpose of taking her. Parr told me he had been in the southern army. [Mr. Wetmore made objection to admitting Parr’s “narrative.” Magistrate overruled it.] Parr said he had been in the southern army, and was a released prisoner. He did not say what part of the Southern States he came from. Parr treated me very civilly. He said one time, that as Captain Parker had not kept his word, he (Parr) would try to get me away. I worked the steamer to Grand Manan, and from there to St. John. Part of the time my duty was on deck; sometimes I went up alone. I took my meals in the cabin. Braine told me he had no engineers, and that I had to work the vessel. Captain Parker, when he came on board, said he would have to keep me awhile, and asked me how much money I wanted for retaining me. I said not to mind the money, that I would run the ship, as I had to do it. After we left St. Johu I ran the vessel under Parker’s orders. There was a watch in the engine-room, fire-room, and on deck all the time. The watch did not follow me when I went out of the engine-room. Captain Parker said Shelburne was his native place. He did not tell me he had gone down south when a boy. He never mentioned the Confederate States to me. I don’t know his Christian name. I never saw Parker before. I can’t tell the distance we were inside Sambro harbor when we were retaken. We might have been four miles inside; about half a mile from the shore. When the confederates left they took one of the steamer’s boats. Some of the Ella and Annie’s crew went on board the coal schooner and searched it, and found Wade. The two Halifax engineers and Wade were sent on board the Ella and Annie. When we went out of the harbor the Dacotah was lying outside, at the mouth of the harbor, waiting. We spoke the Dacotah. Striebeck and the firemen all expected to leave the Cheaspeake when the other engineers came.

Re-examined by Mr. Wetmore: The watch in the engine-room and fire-room were armed. I can’t say about the watch on deck.

At half-past 4 p. m. the court adjourned until Monday morning. It seems that Mr. Charles Watters, who is wanted, cannot be found. The counsel for the prosecution are expecting other witnesses to arrive from the States

The court was in readiness yesterday morning for opening at 11 o’clock, and at that hour the prisoners’ counsel, as well as a very numerous body of spectators, were in attendance. Among the on-lookers we noticed three clergymen, who probably had attended in order to lend the sanction of religion to what the editor of the Colonial Presbyterian no doubt considers the holiest of all causes—the cause of the Confederate States! There was not so much crowding among bystanders as on the previous days, but the interest manifested was not a whitless keen. This time the delay in proceeding with business was the fault of one of the prosecuting counsel, and not “Mr. Anglin’s.” We ought to explain that the editor of the Freeman has been very improperly charged with retarding the court’s proceedings by not being up to time in arriving at the police court. The lawyers say that since the editor “has taken charge of the case,” he ought to be at his post at the proper hour.

Mr. Anglin and Mr. Wetmore having arrived, the investigation was resumed.

Mr. Wetmore offered in evidence copies of extracts from acts of Congress relating to piracy, and President Lincoln’s proclamation of April 19, 1861, declaring the molestation of United States vessels by confederates to be piracy; the same being certified as correct by the Hon. William H. Seward, federal Secretary of State, and sealed with the seal of the federal State Department. Counsel for prisoners offered no objection. Mr. Wetmore wished counsel for the prisoners also to admit the American Shipping Act as in evidence, although he did not have it present. Mr. Gray agreed to this. Mr. Wetmore next tendered a copy of the order left by Lieutenant Braine with Captain Willet at the time of the capture. Admitted.

At half-past 12 Mr. Charles Watters was placed on the stand, and in answer to Mr. Wetmore’s questions stated as follows:

I have lived twelve years in Carleton, and know McKinney and Seely. I have had no conversation with either McKinney or Seely relative to the capture of the Chesapeake. I heard a good many persons stating things in their presence. It was in Lower Cove; McKinney, Seely, and Gilbert and John Cox were present. The Coxes reside in Carleton. This was in a house in Lower Cove. I do not know the streets in Lower Cove. It was between Queen’s square and the barracks. I don’t know the names of the streets on the east and west side of Queen’s square. It was not on the street on the west side. I would have to turn to a street on the left of the street to the west of Queen’s square. [A plan of the city was shown to the prisoner, and he identified Main street as that on which the house was situated.] It was a workshop, up stairs. We went into a yard to go up. Besides the Coxes, McKinney, and Seely, the “captain” was there. There were ten or twelve there besides them. Lieutenant Braine was not there. The man they called the captain was there. I heard the captain say he wanted to raise a crew of twenty men to go to New York to take a steamer. I have since heard the captain’s name was Captain Parker. I did not hear them say the name of the steamer. Some of the party asked if they were all going. We were all to get an equal share; I can’t say what the officers were to get. There was to be a share for each man, and the particular share was not named. I did not hear anything about money being furnished, only that their passages from St. John to New York were to be paid. I think it was Parr said this. Parr was present at one of these meetings. I was present at two meetings. I saw these two prisoners at one meeting. I did not hear anybody say they would go that I remember of. These prisoners were present at the last meeting. There was nobody there scarcely at the first meeting. I was there, the captain was there, and some of the boys. I do not know Collins; I can’t say that I ever saw him before to-day. I have not seen McKinney since that night. I had no conversation with him at or since that meeting. Seely went over to Carleton in the same boat with me that night. We had no conversation. I think I saw him going down Prince William street the next morning. I could not tell who went away. I was at the steamer at Reed’s Point before she left; saw McKinney and Seely there. The meeting took place about a week before we heard of the Chesapeake being taken. I saw these two prisoners at the boat next morning. I can’t say that these prisoners agreed to go. It was asked at this meeting whether the parties would go. I can’t say that I heard the persons present assent to go. I was not at the first meeting. I had no conversation with McKinney or Seely before the meeting. I saw them the night of the first meeting in Carleton. They did not tell me then whether they were going; when we were on the road going (the two Coxes, myself, McKinney, Seely, and a man named George Robinson being together) they said they were going to the meeting. It was not stated to what place we were going. They (the prisoners) asked where we were going to; Robinson said they would find out when we got there. On the road they asked what we were going for, and were told, “to see the captain.” Robinson wanted these boys to go over to the meeting, to go to New York to take a steamer. I heard some of them say they would go to the meeting and see what was going on. I can’t tell what was talked of. Robinson, on the way, called at the Lawrence Hotel for Oaptain Parker, and he went with us. I heard of Parker wanting to raise a crew to go to New York three or four days before the meeting. On the last night of the meeting I went to see what conclusion was come to. It was said there that those who would go were to go the next morning in the American steamer. The prisoners, McKinney and Seely, belong to Carleton. Seely was brought up there, and McKinney I have known two years. I went to the steamer to see who was going, but I didn’t calculate on going. The only ones I saw on board the boat, of those who were at this meeting, were McKinney and Seely. I might have passed them the time of day. I could not say whether they were on the boat when she left; I was going up the hill when she started. I was at the boat at a quarter of 8 a. m., and left before the boat left. I might have stopped five, or ten, or fifteen minutes. I was at the head of the wharf when she let go her fastenings. I think the prisoners might have gone in the boat, but I can’t say where they went. I didn’t see any funds at the meeting in Lower Cove.

Cross-examined by Mr. Gray: It was stated at the Lower Cove meeting that they were going on behalf of the Confederate States to take this vessel. I think it was said that the confederate government was to regulate the “share”—I can’t remember distinctly. It was stated that the vessel would be a prize to the confederate government. Captain Parker said he had authority or commission from the confederate government; he produced a paper which was read over at the meeting. I don’t remember that he stated what the paper contained. Captain Parker read the paper, commencing thus: “Jefferson Davis, President of the Confederate States of America.” It was the size of the document now produced by Mr. Gray. [This was understood by spectators to be Captain Parker’s commission.] I think the intention expressed at the meeting was that the vessel was to be taken for the Confederate States, or else they would not have gone. I heard that Captain Parker and Lieutenant Braine were officers in the confederate service at the same time that I heard they wanted to raise this crew for the confederate service for the purpose of taking this vessel. It was understood that she was to be taken for the confederates; and it was stated that these men were to be in the confederate service. I could not say that it was stated at this time that Parr was an officer in the confederate service. I was not close enough to read Captain Parker’s paper.

[Mr. Gray proposed to put Captain Parker’s commission in the witness’s hands to identify. Mr. Wetmore strongly opposed this. The magistrate ruled in favor of its being placed in the hands of witness, and also that this could be done without the paper being first placed in the hands of the opposing counsel. The witness said he could not identify the document even if it was handed to him.]

Captain Parker read paper aloud and said it was his authority.

I did not see Braine the first night; I did the second night. He was called Lieutenant Braine. I don’t remember of Parker saying that he was captain of the Confederate States privateer Retribution.

Re-examined by Mr. Wetmore: I heard from Captain Parker that this crew was wanted. The steamer was to be brought to Grand Manan to land passengers. I did not expect to go. I did not know it was stated where those who went from here were to land. At the meeting it was talked of that the vessel was to be taken over to Nova Scotia. I do not know that any of the officers said so. I heard that the question was asked where the vessel was to be taken. I did not hear it stated that the vessel was to be taken to Nova Scotia and her cargo to be disposed of there. I don’t know what “the share” was to be of. I did not inquire—do not know what they meant by it. Perhaps they were to divide the steamer and cargo. I can’t say when or where they were to “divide.” It was from Robinson that I heard that Parker and Braine were officers. Robinson belongs to St. Stephen, I believe. I went to the meeting just to see what was going on. I don’t know that it was said at the meeting that the business was dangerous. It was not stated that they might get their necks stretched. It was distinctly said that they would be protected by the confederate government. It was not said what they were going to Nova Scotia for.

There was more squabbling among the lawyers to-day than on any other occasion since the commencement of the trial. The witness Watters appeared to give his evidence with considerable reluctance, probably on account of some of his Carleton friends being so directly concerned in the matter. At the conclusion of to-day’s examination Mr. Gray agreed to consider a certified copy of the Chesapeake’s register and coasting license as in evidence, as Mr. Wetmore said they were on their way here. This closed the case for the prosecution. As several of the lawyers will be engaged in the circuit court, which meets today, further investigation is postponed until Friday next.

The investigation into the charges against Collins, McKinney, and Seely was to have been resumed yesterday, but, on application of the honorable Mr. Gray, it was further postponed until next Thursday, as Mr. Gray had applied to the lieutenant governor for certain documents which the governor could not decide upon furnishing until he had consulted his law advisers. Mr. Gray intimated that he might ask the magistrate for protection to Braine, Parr, Locke, and others named in the warrant in case they were wanted as witnesses. The magistrate seemed to be very emphatic in opposition to such a course. The Globe says that “the inference to be drawn from Mr. Gray’s remarks in reference to the papers for which he had written was, that if they are not furnished he will ask that the magistrate issue a subpoena for bringing her Majesty’s representative forward as a witness in the case.”

[Enclosure 2 in No. 18.]

Mr. Tilley to Mr. Gray.

Secretary’s Office, Frederickton, January 15, 1864.

Sir: I am directed by his excellency the lieutenant governor to inform you that his excellency has referred your letter of the 31st ultimo to the consideration of the law officers of the crown, and that in their opinion the parties on whose behalf the application contained in your letter was made are not legally, and as a matter of right, entitled to be furnished with the papers which you require, and that his excellency would accordingly be fully justified in declining to accede to your request.

The lieutenant governor is desirous that no misapprehension whatever should exist on this point. His excellency considers that it would be very objectionable to countenance the idea that the examining justice, a subordinate magistrate, should or could adjudicate on the legality of his excellency’s warrant. This warrant is issued for the purpose of enabling magistrates to take cognizance of cases which would otherwise be without their jurisdiction, and to receive evidence in the manner prescribed by the acts 26 and 27 Vict., cap. 76; but the grounds upon which his excellency thought proper to issue that warrant cannot possibly be a subject of inquiry before the magistrate, and it must therefore be distinctly understood by you that his excellency altogether denies your right to claim, at the present stage of the proceedings, copies of the documents referred to. At the same time, as his excellency could entertain no objection so far as he is con cerned to give publicity to the contents of the papers in question, and as it would be a somewhat harsh and unusual measure to refuse to persons accused of crime materials which, with however little reason, they may consider as essen tial to their defence, his excellency was of opinion that, on the whole, it would not be improper for him to comply with your wishes. Previously to doing so, however, he thought it right to inquire whether any objection to this course would be made by the authorities of the United States in order that, should such objections exist, he might weigh their force and validity before arriving at a final decision. The answer of the United States consul at St. John to this interrogation was received yesterday, and his excellency now directs me to transmit to you certified copies of the papers for which you have applied. In doing so I am again instructed to repeat that his excellency cannot admit of any doubt being cast upon his discretionary power to grant or to withhold, as he may deem proper, documents of the character now under consideration, nor allow to pass unquestioned a claim the admission of which might in his opinion be fraught with inconvenience and possible danger to the public interests.

I have, &c.,

S. L. TILLEY.

1. Enclosure in No. 15.