an order for the removal of the Oreto from Cochrane's Anchorage, where she now lies, to the harbor of Nassau, should not be made, as such order could not be legally enforced unless it was distinctly shown that such a violation of law had taken place in respect of her as would justify her seizure.

I have the honor to be, sir, your obedient servant,
G. C. ANDERSON,

The Hon. C. R. NESBITT,

Colonial Secretary.

Attorney-General.

NOTE. The further correspondence respecting the Oreto, which led to her seizure, will be found in vol. i of the Appendix, pp. 16-27.

No. 6.

Examination of witnesses in re Oreto.

In the vice-admiralty court of the Bahamas.

Our Sovereign Lady the Queen in Her Office of Admiralty,

versus

Steamship or vessel Oreto, (whereof James Alexander Duguid now is or lately was master,) her tackle, apparel, and furniture, seized by Henry Dennis Hickley, esquire, commander in Her Majesty's royal navy, and commanding Her Majesty's ship Greyhound.

Witnesses examined in support of libel.

Wynne Fitzjames Duggan, being duly sworn, states:

JULY 10, 1862.

I am chief officer of the Oreto. I held that position when the Oreto was arrested. I shipped at Liverpool. I don't exactly recollect the date, but it was some days before she left; she was then lying in the river. I signed articles. I shipped on a voyage to Palermo, and from thence to any port or ports in the Mediterranean or the West Indies. I believe that was the voyage stated in the articles. I signed for that voyage as chief mate. The number of men then all told was fifty two or fifty-three. I believe that was an ordinary crew; we had not too many. There was no cargo on board; the Oreto was then fitted as she is now. All merchant-vessels are not fitted alike. I have seen some ships fitted with regard to bolts in ports as she is. I have seen vessels intended to carry cargo fitted as she is. Some of Greene's and Wigram's ships are so fitted. Captain Duguid commanded the Oreto. I don't recollect when he quitted Liverpool: I know I was seven days on board before we left. I don't know if she is fitted with a magazine. I have never seen a magazine. There are boxes on deck with holes in them; they were called shot-boxes. I have seen one or two small boxes like those on board of vessels carrying cargo. There are two places down forward where the ropes are stored away; there are two lights down there. I never have been in a vessel which carried them before. This is near the place that I heard the boatswain call the magazine. There was one gentleman came as passenger with us;

[38] his name was Mr. Low. I don't know whether we made any attempt to go to Palermo. I knew, after we got so far as when we ought to have turned for Palermo, that by the course we were not going there. I don't know if her course was shaped for Palermo until we were out of the straits. After we got out of the straits we steered a course which would not have taken us to Palermo. Mr. Low did not, to my knowledge, exercise any authority over the ship. The Oreto came down here; it was the first port we arrived at. We arrived here six or seven weeks ago; can't remember the date. I have seen Mr. Low on deck at several times taking the sun. I never saw him calculate or compare his calculation with mine. On arrival here we anchored in the anchorage outside the island, and remained there two days. We then proceeded to Cochrane's Anchorage. There were a few vessels there, some steamers, not large. The ship was moored with one anchor and twenty-five fathoms of chain. We remained there a few weeks. I don't recollect if Mr. Low landed or went to the anchorage with us. Mr. Low was on board once or twice while the vessel was in the anchorage. I don't know the purpose for which he came. He gave me no directions, and assumed no authority to my knowledge. There was some fuel taken on board at Cochrane's Anchorage for the use of the vessel; it was put in the coal-bunkers; the bunkers were not filled; the coal was taken in from some schooners that came. There was nothing put on to her. They commenced calking, but left off afterward; there were tackle-blocks fitted, some there and some on the passage out. I don't know to what use they were to be applied; they were spare blocks, and we fitted them in case they might be wanted. I don't know if they were what are called side-tackle or train-tackle blocks. I never saw a gun used in my life. I can't say if they were fitted with gun-tackle blocks. I directed them to be fitted, and the boatswain called them gun-tackle blocks. No one ordered me to have them fitted; they were such blocks as are usually used as luff-tackle or watch-tackle blocks on board merchant-vessels. The deck was calked. I had no knowledge of what the destination of the Oreto was. After she left here never talked with Captain Duguid or Mr. Low on the subject. There was nothing put on board at Cochrane's Anchorage but the coal and a spare spar. We came into this harbor from Cochrane's Anchorage. No fittings were put on the vessel in this harbor. There were some cases of shell came on board as cargo; I took them in as cargo. It was a few days after we came in. We took coal before they came in. We stowed them aft, in a room which the boatswain called the shellroom. I have seen a similar compartment in merchant-vessels; we called it a store-room. I have seen the store-room filled with cargo in merchant-ships. The ordinary use of store-rooms is for stowing the stores of the ship. The shells were brought on board in this harbor and stowed in that room. I don't know how many cases came-some two or three hundred. They came on board in the forenoon. No other description of cargo was brought on board. The cases were opened when the man-of-war boat came on board. I did not open any. I did not see any broken. The cases were put out again. Those in the magazine were also taken out. I am not positive whether it was the same evening or the next day. There were some cases of shell on board when the officers of the Greyhound came on board; I think we were taking them in at the time. I am not positive whether we were taking them in or discharging them. I don't know the reason for discharging them; it was my order from the captain to discharge them. I do not know that it was in consequence of an expected visit from the officers of the Grey

*

hound that the shell were discharged. Shortly after the boats from the Greyhound left, the shell were discharged. I continued to act as mate until the officers of the Greyhound took charge of the ship. The last time we spoke a vessel on the passage down, I did not hear Mr. Low give any orders to the helmsman, nor did I hear him say anything. I had access to every part of the Oreto. I have gone right through the vessel. I have never seen any implements of war or ammunition on board of her. In proceeding to this port I can't see that we made any difference than in an ordinary merchant voyage; we committed no act of hostility against any other ship. Part of the voyage was made under sail and part under steam. The shot-boxes were full of cabbages, turnips, and potatoes, and during the whole voyage the proper lights, look-out, and watches were kept. We passed Abaco light at night. I think the lights were put out; I can't say for what this was done. I don't know that it was to avoid the American cruisers in the hole-inthe-wall passage. This was the only occasion when this was done on the voyage. The strapping of the watch-tackle blocks were in the ordinary avocations of the seamen on board. There were no guns on board the ship that these blocks could be used for. There was a [39] piece of copper put on her bottom by divers. There was a manof-war boat came on board at Cochrane's Anchorage, but there was no officer in her; she left a man on board of us. I am not positive, but I believe the ship was boarded by officers and men from the Bulldog before she went to the anchorage. When the Oreto left Cochrane's Anchorage to come into the harbor she was under the charge of an officer of the Bulldog. He took charge the day we came in, and left her when we came into port. We were boarded by officers of the Greyhound, and the first time they remained a few days. I don't exactly recollect how many times the officers of the Greyhound had boarded us before the shell were taken on board. I don't recollect if Commander Hickley was in the boat when the Oreto was boarded with the shell on board. I think he was; and to the best of my remembrance he came on board. I don't recollect his speaking to Captain Duguid; he was on board. I can't recollect if an officer was left on board, or if all quitted. I don't know if there was a civil officer of the customs on board when we were taking in the shell. I don't know if there was any officer of customs taking an account of the cargo. I swear positively that all that cargo was discharged. The officers from the Greyhound came on board again. They were on board several times. They have thoroughly examined the ship, lifted the carpets, and overhauled the captain's cabin. They have had a large party of men. I believe they find their own victuals; but they are cooked in the galley, and at the time I was on board, the ship's utensils were used for cooking purposes by them. I do not know that either Captain Duguid or any one else had the intent that the Oreto should cruise or commit hostilities against any state, province, or people. I do not know that Captain Duguid or any one else attempted to equip or furnish or arm the Oreto with that intent.

Re-examination:

I don't know if it was the officers of the Greyhound or Bulldog which boarded before we took in the shell. The cooking apparatus is on deck abaft the funnel. That was not the place it always was; it had been down forward in the forecastle. We call it a forecastle; it is below the upper deck. I quitted the vessel a few days ago. Don't recollect the day.

(Signed)

W. DUGGAN.

Same day repeated and acknowledged before the honorable the worshipful John Campbell Lees, judge and commissary.

A

Mr.

I know steamship Oreto. I have served on board of her as a fireman. I signed articles on the 3d March. I signed them at the Old Sailors' Home, Liverpool. I shipped upon a voyage to Palermo, to any port or ports in the Mediterranean, and to any ports in the West Indies, if required. I went on board the next day after I signed the articles. She was lying at Toxteth dock. We went out of dock the following day. We went out in the river. I have been to sea about five years. During that time I have served on board of ocean steamers two voyages to Melbourne, in the Great Britain steamship. I have been in the Great Eastern steamship, and I have been in the Cunard line of boats. There was a great difference in the fittings of the Oreto from the other steamships that I had been in. There was what they call a magazine on board of the Oreto, and boxes on deck, called shot and shell boxes. I have never seen such boxes on board of the other steamships that I sailed in. I did not go to Palermo. The first port we came to was Nassau. We anchored outside, and remained, I think, to the forenoon of the next day, and we then went round to Cochrane's Anchorage. passenger came out in the Oreto. I heard him called Mr. Low. Low I saw come ashore in a boat the first day we arrived. He came on board the Oreto the time she was at Cochrane's Anchorage. He [40] came on board two or three times. The only orders I heard him give on board the Oreto was to the divers that were putting on some copper on her bottom. I cannot positively say whether Captain Duguid was on board at that time or not. 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. The Oreto after this came into the port of Nassau. I do not remember the day of the week when she came in. She was in charge of an officer from the Bulldog. He left her afterward. After he left her, some cases came on board which were called shell. I saw some cases passing out of a schooner into the Oreto. I cannot say what time of the day it was. They were stowed down aft, but I did not assist in the stowing. I saw the shell coming out of the vessel again the next day. I assisted in taking them out. I cannot say if all hands were employed. There was a schooner alongside. While they were being put out, a boat came alongside, with the captain of the Greyhound. I think there were some cases on deck when Captain Hickley came on board. He did not remain long, and then went away. After we got our dinner, we got the remainder of the shell out. I believe the shell was all removed from the vessel that day.

(Signed)

THOMAS ROBERTSON.

Same day repeated and acknowledged before the honorable the worshipful John Campbell Lees, judge and commissary.

Present,

J. A. BROOK,

Registrar.

Witnesses examined in support of responsive plea.

Honorable George D. Harris:

JULY 22, 1862.

I am a member of the firm of Henry Adderley & Co., of this town, merchants. We do a foreign commission business. We have vessels from England and elsewhere continually consigned to us. I know a British steamship called the Oreto. She arrived in this port consigned to our care. The master of her is Captain Alexander James Duguid. After her arrival here she first anchored outside of Hog Island. That not being considered a safe anchorage, she was sent to the anchorage called Cochrane's Anchorage. She remained there several weeks. I first made application to the receiver-general, on behalf of the firm, to know if there was any objection to our shipping a load of 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. A day or two afterward the receiver-general informed our firm that he had communicated with the governor, and that there was no reason why we should not ship a cargo of arms, or any other merchandise, by that vessel, and that he was fully authorized to grant his permission, which he then immediately granted. 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 governor directed that, if practicable, the vessel should come into the harbor and take in her cargo under the immediate eyes of the authorities, or words to that effect; and, acting under that letter, we sent up a pilot to direct Captain Duguid to bring the vessel into the harbor. She was brought into the harbor. We then gave Captain Duguid instructions to prepare to take in cargo; and, under these instructions, certain cargo was taken on board. I believe it was taken on board under the supervision of an officer of customs. I do not know if any officer was on board. Some of the cargo put on board consisted of shell. They were certainly 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 and treasurer. This cargo was put on board under our direct orders as consignees of the vessel. We changed our determination, and I went on board to direct the captain not to take any more cargo in, and to make arrangements for discharging such cargo as she might then have on board,

having, of course, given due notice of this to the custom-house au[47] thorities, we having determined to send *her in ballast to Havana.

A little before two o'clock on the same day I went on board with the landing-waiter and searcher to ascertain if the cargo was all out, the receiver-general having instructed the searcher to hand me the clearance after the usual formality had been gone through with. On my arrival on board I found that Captain Hickley, commanding Her Majesty's steamship Greyhound, had prevented the entire discharge of the cargo, and there was some half dozen boxes of shell, I believe, then on the deck. All the other cargo was discharged. On that occasion I spoke to Captain Hickley. The lauding waiter and searcher was with me at the time. I informed Captain Hickley that I was a member of the firm to whom that vessel was consigned. I also informed him that we had given orders for the discharge of her 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 H. Ex. 324-19