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myself wereremen. I believere to Shelburne.
there two or three hours. When we left there we came down towards St. John. We arrived off the harbour between 7 and 8 on Tuesday evening, December 8th. 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 conversa- : tion 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 2 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 8 and 9 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-l'oom. 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 harbour 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 of 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 jewellery. [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 say 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 400 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 favour.]
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. The arrived at 2 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 gun-boat 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 colours out of the wheel-house, and gave it to one of my firemen to run up. He ran it up, Union down. The gun-boat came alongside of us and boarded us. Lieutenant Nicholls was in command of the gun-boat. 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. Lieutenaut 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 gun-boat was named “Ella and Annie.” We got coal and oil enough to start, and went to Halifax. The gun-boat went into Halifax with us; the “ Dacotah” was behind us. We came to anchor in the harbour, 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 Schaffer'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 in the vessel from time to time after the vessel was captured. I do not know what Collins' 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' 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 beard 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 colour 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.
can't tell how many colours 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. John 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 Harbour 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 harbour the Dacotah " was lying outside at the mouth of the harbour waiting. We spoke the “ Dacotah.” Striebeck and the firemen all expected to leave the “ Chesapeake” 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 onlookers 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.whit less 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 Honourable 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, Seeley, 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'ssquare. [A plan of the city was shown to the prisoner, and he identified Main-street as
Veither McKinney or See things in their presence The Coxes res
that on which the house was situated.] It was a workshop, upstairs; we went into a yard to go up. Besides the Coxes, McKinney, and Seeley, 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 Captain 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 ineeting 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. Li [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 favour 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 to-day, 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 Honourable 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 be will ask that the Magistrate issue a subpoena for bringing Her Majesty's Representative forward as a witness in the case."
Inclosure 2 in No. 18.
Secretary's Office, Fredericton, January 15, 1864. 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 Act 26 and 27 Vict., cap. 76; but the grounds upon which his Excellency thought proper to issue that warra t 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