two mornings to take up the anchor. We disobeyed both times. We did not mutiny; we only wanted to be sure of British protection. We were in consequence summoned to go before the magistrate.

Benson, it will be observed, states that he had orders from the chief mate to get the "gun-tackle blocks stropped;" but whether he means that the mate made use of that term, or whether he merely uses it himself to designate the blocks he is speaking of, does not clearly appear. He says they could be used for several purposes on board a merchant-vessel, but not such a quantity. He grounds his belief, then, that they were to be used as gun-tackle blocks, on his opinion that there were more of them than were required for the ordinary use of the vessel.

Walter Irving, a fireman, says: I saw the men fitting blocks all the spare time they had. They were called gun-tackle blocks by the crew of the ship. As far as I can say, they were twenty or more. She remained at Cochrane's Anchorage six or seven weeks and then came into this harbor. I saw shell come on board of her and go out again.

Thomas Robinson, fireman, says: We arrived at Nassau, went to Cochrane's Anchorage. A passenger, called Mr. Lowe, came out with us. I saw him go ashore in a boat the first day we arrived. He came on board while we were at Cochrane's Anchorage two or three times. The only orders I ever heard him give on board the Oreto were to some divers that were putting on some copper. I have seen the sailors working at blocks while at Cochrane's Anchorage; they were putting strops on them. I heard them call them gun-tackle blocks. When the Oreto came into Nassau Harbor some cases came on board, which were called shells. I saw them coming out of the vessel again next day.

John Quinn, fireman, states: There was a passenger on board the vessel [45] named *Lowe. I saw him and another person looking at the galley the day

they were fixing on the pieces of copper at Cochrane's Auchorage. A gentleman said to Mr. Lowe that it was a very dangerous place to have the galley in. Mr. Lowe said that he would get it altered. Two or three days after the galley was shifted on the upper deck. Captain Duguid, it will be seen in his evidence, denies that Mr. Lowe had anything to do with the moving of the galley. He explains his reason for moving it, and states that it could not have remained where it had been moved to when the vessel was under way. Mr. Lowe frequently came on board the Vessel at Cochrane's Anchorage. I saw the men while at Cochrane's Anchorage working at blocks, stropping and painting them. I do not know what they were for. They were called by the men gun-tackle blocks.

The ship quitted Cochrane's Anchorage, and came into this port. There were some little square boxes, which they said were shot or shell, taken on board after we came in. I think they were taken out next day.

Neither this nor the two preceding witnesses knew that the blocks they were speaking about were gun-tackle blocks, but they heard them called so by some of the crew. Charles Ward, formerly steward of the Oreto, says: Mr. Lowe went in the ship to the Anchorage; he left her there, but came on board several times while we were there. He provisioned the ship. Mr. Harris swears, it will be seen, that Mr. Lowe had nothing to do with provisioning the ship; that he (Mr. Harris) gave orders to Turtle and Miller to send provisions on board. He asked me one day if I would like to join the ship after he got the other crew on board. On one occasion the captain, and the chief engineer, and Mr. Lowe came on board, and had tea, and they had some words. Mr. Lowe told the captain and chief engineer that he wanted to provision them in a differHe said, if they would even eat 3 or 4 or 5 pounds of meat a-day, he would send it to satisfy them; and Mr. Lowe told the chief engineer he was no more than a boy in the ship, and had nothing to do with the matter, and he was qualified to do his own duty. The chief engineer said, that if Mr. Lowe wished, he would leave the ship, and go home when Captain Duguid did, and break the contract. Mr. Lowe then went on deck. I afterward heard the captain say it was nothing out of his pocket; he did not care how the ship was provisioned, as he knew she belonged to the southerners, and did not care for northerners or southerners as long as he got his pay out of the ship. This was while she was at Cochrane's Anchorage.

ent manner.

We

He and I went to live at

In his cross-examination he says: I quitted the ship at Cochrane's Anchorage. The captain put me in prison, where I remained fourteen days. The magistrate put me in for refusing to do seaman's duty, which I did not sign for. I know a Mr. Jones. were both in jail together. He came out the day before me. the Clifton Hotel. I had no money when I quitted the Oreto. On the morning I came out Jones said he would pay my way, I heard the captain, the chief engineer, and Mr. Lowe say the ship was for the southerners. I know, from what I heard Mr. Lowe say, that he provisioned the ship. I heard the captain, the chief engineer, and Mr. Lowe say that she was intended for the southerners. I also heard them say that if she had her guns on board she could compete with anything the northerners had.

I here repeat the observation I before made, that this evidence ought to be received with great caution. What the witness gives in evidence is, the inference he draws

from certain conversations which he states he overheard. Now, if we had the very words which were spoken, we might not draw that inference. Knowing the powerful vessels which the Federal States possessed, I can hardly believe that a nautical man would utter such an absurdity as that a small vessel like the Oreto could compete with anything the northerners had; and I think it very improbable that Mr. Lowe would tell the chief engineer that he was no more than a boy on board the ship. Now, from several improbabilities which Charles Ward's evidence contains, from its being positively contradicted by respectable witnesses in some parts, and from the unsatisfactory manner in which the man appeared to me to give his testimony, I attach but little weight to it.

Daniel Harvey, coal trimmer: Mr. Lowe gave me orders to make travelers for boats' masts and stanchions for the dingey and gig-boat. He said they would do very well. Mr. Allan, the chief engineer, gave me a paper with the pattern on it, and said that Mr. Lowe said he would rather have them made of iron than wood. Mr. Lowe asked me if I would like to remain by the vessel for a commission-he did not say how long-it might be two or three years-as greaser and blacksmith. This conversation took place two or three days before he left Nassan.

Thomas Joseph Waters gives the following evidence: I met a gentleman named Lowe once or twice. I heard he had come out in the Oreto. I left this place some time ago in a vessel called the Nassau. Mr. Lowe was a passenger with me in [46] that vessel. We were bound, I believe, to a confederate "port. I wished to go

to Charleston. I do not know where this vessel was bound to. We were captured off Wilmington by a Federal war-steamer called the Georgia and a gun-boat called the Victoria. After capture of the vessel she was carried to Fort Monroe, and afterward to New York. Mr. Lowe was carried with the vessel. He was brought before the prize court at New York, examined, and set at liberty.

This evidence is merely to show that Mr. Lowe was connected with the Confederate States of America. It appears, however, that the prize court at New York saw no ground for detaining him.

Mr. Stuart, the master and pilot of the Greyhound, says: I also saw many double blocks fitted. Eight might be in use for ships' purposes for luff-tackle blocks, but the residue might be used for side and train tackle, that is, for working at guns. I should say there were more than double or treble the number required for the ordinary use of the vessel.

He then states, having seen some of the boxes of shells which were put on board in the harbor, it appears that the men belonging to the Oreto, who have given evidence on the part of the prosecution had had a quarrel with the captain, and that they had been before the magistrate, This must be taken in consideration in weighing their

evidence.

Honorable G. D. Harris. I am a member of the firm of Henry Adderley & Co., of this town, merchants. We do foreign commission business. I know the British steamship Oreto. She arrived in this port consigned to our care. I made application to the receiver general, on behalf of the firm, to know if there was any objection to our shipping arms and other merchandise by that steamer, and requested that he would communicate with the governor, in order that there might not be any possible misunderstanding. The receiver general informed our firm a day or two afterward that he had communicated with the governor, and that there was no reason why we should not ship a cargo or arms or any other merchandise by that vessel, and that he was fully authorized to grant his permission, which he then immediately did. We then made the usual entries, and applied for a civil officer of customs. Before, however, any cargo was transshipped we received a letter from the colonial secretary, informing us that as the build of that vessel had excited some suspicion, the government directed that, if practicable, she should come into the harbor and take in her cargo under the immediate eyes of the authorities, or words to that effect. She was accordingly brought into the harbor and certain cargo was taken on board, I believe under the supervision of an officer of the customs. Some of the cargo consisted of shell. They were cer tainly not live shell. This cargo that we were putting on board was what we had received special permission to put on board from the receiver general. It was put on board under our direct orders as consignees of the vessel.

The consignees, it appears, changed their minds about the destination of the vessel, and ordered the shell to be taken out, intending that the vessel should go immediately in ballast to Havana. When the cargo was nearly discharged, Mr. Harris met Captain Hickley on board the Oreto. On that occasion he says: I informed Captain Hickley that we had given orders for the discharge of the Oreto's cargo, it being our intention to dispatch her in ballast to Havana, and that the custom-house officer then present was prepared to hand me the clearance after ascertaining that the cargo was entirely discharged. The landing-waiter and searcher were present and heard what I said. Captain Hickley then informed me that he considered he had nothing further to do with it. I came on shore with Captain Hickley after he had ordered his men into their boats. I think the custom-house officer had the clearance in his possession.

I do not know whether he showed it to Captain Hickley. It was afterward given to us. (The clearance was produced.) In accordance with a promise I had given Captain Hickley, I sent a message on board the Greyhound to inform him that the vessel was ready for sea, and to ask if he would like to visit her or send officers to inspect her. He wrote to me that he would do so immediately. I know Captain Hickley went on board, but I was not present. We had some difficulty with the crew. They set up a plea that the vessel, not having touched at Palermo, there had been a deviation of the voyage, and therefore they claimed their discharge. demurred to this, but afterward agreed to pay them their wages up to date, and give them a bonus of £5 and pay their passage to England, if they would not remain in the ship. This they refused to accept, stating that, from the several visits of the officers of the man-of-war on board the vessel, they considered she was of a suspicious character, and that they would not go in her unless the Governor and Captain Hickley guaranteed their safety. Some accepted the terms that were offered. In consequence

We

of this they were summoned before the police magistrate, and the case was brought under his adjudication. They elected to take their discharge. I was present at [47] *the time they then and there agreed to quit the ship. They then obtained leave to go on board for their clothes. The men were discharged by the magistrate. In consequence of this we got a shipping-master to ship another crew for the Öreto. I think there were fifteen or sixteen new hands then shipped. They received the usual advance. It was our intention to send her immediately to sea. I had arranged with the pilot to take her out the following morning (Sunday;) they, however, missed the tide, the crew not having come on board. The vessel was again seized that day. The crew we shipped then left the Oreto. I have not seen them since, and all the advance that we paid is lost. We had the sole direction and management of the Oreto. I know of no person but Captain Duguid having any control over the Oreto. I have seen a person named John Lowe, who came out passenger in the Oreto. Mr. Lowe, while at Nassau, never exercised any authority over the Oreto. We never received any instructions from him relative to the Oreto. The day the vessel arrived we received a message from the captain requesting us to send meat and other provisions on board. I gave orders to Turtle and Miller to supply the vessel with meat. In placing the cargo on board the Oreto, it was distinctly understood as cargo. I stated to the receivergeneral that it was cargo only; that we intended to ship a full load by that vessel. We were fully aware that we could not ship such goods otherwise than as cargo, unless committing a breach of the foreign enlistment act; and had we been ordered to do So we should have handed the consignment over to some one else. No act was done by the authority of Henry Adderley & Co. with the intent that the vessel should be employed as a cruiser. I told captain Duguid very shortly after he arrived here, that they were talking a good deal about the build of his vessel, and I said, "Mind, do nothing that will have the appearance of equipping."

On cross-examination, he says the vessel was consigned to us by Messrs. Fraser, Trenholm & Co., of Liverpool. She was consigned as a merchant-vessel, and we considered her as such. No instruction in the first instance was given to us except the general instructions of shipping cargoes by all their vessels to Messrs. W. & R. Whight, Saint John's, New Brunswick, on account and risk of J. R. Armstrong, of Liverpool. Mr. John Lowe, I think, brought a letter of introduction from Mr. Trenholm to the firm. I do not know whether Mr. Lowe was in any way interested in the Oreto. I do not recollect Mr. Lowe being mentioned in any correspondence which we received from Fraser, Trenholm & Co. We never had any transactions with Mr. Lowe in regard to the Oreto. She remained here several weeks before any attempt was made to ship cargo in her. We thought we should receive some instructions from our friends about ber, but we did not. The shipping of the cargo on board the Oreto was performed by us under our general instructions. I am not prepared to say whether the vessel was actually going to Saint John's, New Brunswick. There ought to have been a searcher of the customs on board at the time of the loading and unloading. I am not aware that there was. In this case I particularly requested that one might be put on board.

It will be seen that Mr. Harris distinctly negatives the idea that Mr. Lowe had any control over the Oreto while in Nassau, or that the consignees had any transactions with him in regard to her.

Frederick T. Parke says: I am a master mariner. I have commanded steamships, and now command the Minho. I have seen the Oreto. I have not been on board of ber. I know her size. I think four or five dozen spare watch and luff-tackle blocks sufficient for a vessel of the Oreto's size. A new vessel in fitting out generally takes more extra blocks than a vessel that has been a voyage.

On cross-examination, he says luff-tackle are used for cargo, for taking in boats, and for other purposes. Watch-tackle blocks are used in a variety of ways. Blocks are called Infi-tackle, watch-tackle, or gun-tackle blocks, according to the purposes to which they are to be applied. They can be applied in various ways.

William Raisbeck says: I am a master mariner. I have never before commanded a steamship. I am now in command of a steamship. I command the Leopard. I have

seen the Oreto. A vessel of her class ought to have thirty or forty blocks, including the luff and watch-tackle blocks-not less. I consider that would be a reasonable supply for a vessel of that kind.

Thomas Joseph Waters says: I have been a master mariner for five years. I have always commanded steamships. I have seen the ship Oreto. She is a first-class ship, and they would never send a vessel of that class from London with less than four or five dozen blocks.

Richard Eustice says: I am a master mariner. I commanded the steamship Scotia. I have commanded steamships for six years. I know the Oreto by seeing her. I am thoroughly acquainted with what is necessary for the fitting of a steamship. *I [48] think at least fifty or sixty spare blocks would be a fair quantity for a new vessel like the Oreto. I mean watch-tackle and luff-tackle blocks. A steamer that is sailed must necessarily have more blocks than one that is entirely propelled by steam. I could muster up thirty or forty luff-tackle and watch-tackle blocks on board of the Scotia. The Scotia is not more than half the size of the Oreto. The Oreto is rigged as a sailing vessel.

Captain Parke then thinks the Oreto should have four or five dozen spare watch and luff-tackle blocks; Captain Raisbeck thinks she should have thirty, or forty blocks, including luff and watch-tackle blocks; Captain Waters thinks she should not have less than four or five dozen blocks; and Captain Eustice thinks she should have at least fifty or sixty spare blocks.

The evidence we have of the number of blocks on board the Oreto is that of Walter Irving, a fireman, who says: "As far as I can say, there were twenty or more," and that of Mr. Stuart, the master of the Greyhound, who says there were more than twenty-four tackle.

James Alexander Duguid: I am master of the Oreto. On the day of our sailing, (that is, from Liverpool,) there were a few friends of the owners dining on board the vessel. There were no toasts on that occasion drunk. The only one that was drunk that I am aware of, was the one I proposed myself, which was, "Success to the vessel and her owners." I never heard any one propose a toast on board the Oreto, "Success to the Oreto! may she be triumphant over her enemies." I am certain such a toast was never proposed. I heard a man, Ward, give his evidence, in which he swore to that toast having been given, which is false. No such toast was ever given. The owner of the Oreto, I believe, is named Mr. Thomas. I took my instructions from Fosset, Preston & Co., the agents. I was lying in the Mersey from the 4th to nearly the end of March. During that time the crew were employed doing the ordinary work of the ship. I gave orders with regard to the blocks on board the vessel. It is usual in the merchant service for the chief officer, when he cannot find employment for the men himself, to ask the mate what he wishes to have done. I told him rather than let them be idle, to let them fit all the spare blocks, which he did. This was while we were lying in the Mersey. I never gave any orders to fit blocks as gun-tackle blocks. I never ordered blocks to be fitted, intended to be used as gun-tackle blocks. I quitted the Mersey about the end of March, the destination of the vessel having been changed twice in the mean time, and when I quitted the Mersey I was bound to Nassau. A Mr. Lowe came out with me to Nassau; he came out as a passenger. He never, to my knowledge, exercised or claimed to exercise any authority over the Oreto; I only recognized him on board the vessel as a passenger.

There was not to my knowledge a confederate flag on board the Oreto; she is a new vessel. With the ordinary stores of the vessel a parcel of flags came on board of her; they were all tied up in thick brown paper, and all labeled outside. Previous to my quitting Liverpool, I overhauled the parcel of flags, and in so doing I saw a parcel marked "Confederate," which I sent on shore without opening. My object in doing so was, as the vessel was bound to Nassau, if we fell in with an American cruiser, they might think themselves justified in seizing or detaining the vessel. I swear that there was no confederate flag on board the Oreto when she passed Point Lynas, where the pilot landed. I have heard Ward, and another of the men examined, swear that there was a confederate flag on board the vessel, which was false.

I remember speaking a vessel on the voyage out. I did not on that occasion say, "If we had our bull-dogs on board I would make you answer quick enough;" I never thought of such a thing. I heard Ward say that I had made use of that expression, which he has sworn falsely to.

I arrived here at the latter end of April; I went to Cochrane's Anchorage. I communicated with H. Adderley & Co., as the agents of the vessel representing my owners in England. I had no instructions when leaving England who the agents of the vessel were, but on my arrival here I understood they were. Mr. Lowe had a letter, and told me that Messrs H. Adderley & Co. were the agents of the vessel, and they would enter the ship. I remained at Cochrane's Anchorage seven weeks; we were waiting orders from the agents, who were waiting for orders from the owners at home.

During the time the Oreto lay at Cochrane's Anchorage, I do not believe I gave any orders to my men to strop blocks. I saw on two or three occasions men stropping

blocks, and I never had a thought that those blocks should be used on board the Oreto as gun-tackle blocks, for the purpose of arming her to cruise against any foreign state. I never heard them called gun-tackle blocks on board the Oreto. I never had the inten

tion that the blocks stropped were to be used as gun-tackle blocks. It is about [49] six weeks since the Oreto came into the harbor of Nassau. I brought her in by the direction of H. Adderley & Co. Cargo came on board with a boat note requesting me to take on board shell as cargo. I took in upward of 400 boxes. On the second day I received orders to discharge the shell, as the destination of the vessel had been changed, and if we could get them landed in time that day, the vessel would be cleared for the Havana. We discharged them with all possible haste to get them landed in custom-house hours. During the time we were receiving and discharging cargo I saw a custom-house officer on board, I think by the name of Webb; I saw him on board two or three times, but he might have been oftener on board, as I was frequently on shore.

While we were discharging shell we were boarded by Captain Hickley and some officers and men from the Greyhound. Captain Hickley stopped the further discharge of the cargo.

While Captain Hickley was on board Mr. Harris came. I heard Mr. Harris tell Captain Hickley that the vessel was cleared for Havana. After this Captain Hickley quitted the ship, and told me as she was cleared for the Havana I could sail when I pleased.

The shell was taken on board by the direction of the agents. I never thought that it was intended for the vessel, neither did I know that it was. I was boarded again by the same officers and men from the days after the first occasion. The vessel was then searched. the officers and men belonging to the Greyhound searched her. having searched her.

Greyhound four or five
Previous to her sailing
They quitted her after

We had some men engaged on Saturday to proceed to sea on Sunday morning, but owing to their not coming on board in time, we could not get the vessel unmoored in time for the tide. She was on that day seized by the officers of the Greyhound.

Two mornings following, previous to this seizure, (I mean on Friday and Saturday,) I ordered my crew to get the vessel under way, but they refused, stating that I had deceived them once, and that they would not believe what I told them again. I told them she was cleared for Havana, and bound there as far as I knew. They still continued to refuse to work, and said that they would not believe anything that I told them. In consequence of this I sent warrants on board for them. They all appeared before the magistrate. They said that they would not proceed in the vessel unless they were guaranteed that they would be safe from any American cruisers. They then said that they would take their discharge, and the whole of them took their discharge. (It appears they afterward went on board, got their clothes, and left the vessel.)

Captain Duguid goes on to say: I know a man named Ward; he was my steward; he was sent to prison for a fortnight at my instance. I think the day he came out of prison he made use of very abusive language and threats to me down on the wharf, stating that he would fix me before he had done with me and the vessel too. I know a man named Jones; he shipped on board the Oreto as boatswain. He was disrated when about half of our passage out for incompetency. He quitted the ship at Cochrane's Anchorage, taking the boat with him. I do not know if he is in the country; I have not seen him. I have heard that he is gone away. I am very sorry that Jones is gone away; I would rather have him here. On the oath I have taken I have not myself been privy to Mr. Jones leaving this place, or to making him any recompense of any sort for leaving it, nor do I know of any person connected with the Oreto having done so. During the time the Oreto lay in the Mersey she was passed and repassed by men-of-war. At one time men-of-war were lying within a mile of her. During that time the officers of the navy were passing her every hour of the day. The fittings of the Oreto from the time of her quitting Liverpool up to the present time are the same, with the exception of a little alteration in the boats' davits. Four of them were lengthened 2 feet. That is the only alteration since she left Liverpool. I have not, since the Oreto has been in harbor, attempted to fit her out in any shape that she might cruise or commit any hostilities against any foreign state. The shipping of the blocks at Cochrane's Anchorage was done under the order that I gave when at Liverpool. As I do not remember having given any order than that to strop blocks, I had not intent, nor would I do so, to use the Oreto to commit hostilities against any power or state. Mr. Lowe never gave me any orders to strop blocks, or any other orders connected with the vessel. Mr. Lowe took sights at sea, asking me to allow him to do so, as he wanted practice, but he never navigated the vessel, changed her course, or gave any orders to the crew with my knowledge. I was present when Ward was examined, when he said some conversation took place between Mr. Lowe and myself relative to the vessel being for the South. No such conversation took place at Cochrane's Anchorage or at any other time. Mr. Lowe had nothing to do with the removal of the galley. I had it done for the convenience of the men, as it was too hot for them where it was below.