that the cargo was entirely discharged. The custom-house officer was present, and heard what I said. Captain Hickley then informed me that he considered that he had nothing further to do with it, and that if we intended to send the ship in ballast to Havana he would not interfere any further in the matter. I came on shore with Captain Hickley after he had ordered his men into the boats. I do not know whether the custom-house officer showed Captain Hickley the clearance. I think the custom-house officer had it in his possession. K, the paper produced, is the clearance, which was afterward given to us. Upon this clearance being given to us, we prepared to send the vessel to sea. In accordance with the 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 if he would like to visit her or send any of his officers to inspect her. He wrote me back an answer to say that he would do so immediately. I knew 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. We demurred to this, but afterward agreed to pay them their wages up to date. I gave them a bonus of five pounds, 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, that 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 of this, they were summoned before the police magistrate, and the case was brought under the adjudication of the magistrate; they elected to take their discharge. I was present at this time. They then and there agreed to quit the ship. They asked me if they could go on board and get their clothes. I turned to Captain Duguid, and asked him if there was any objection to their going at once for their clothes; he said "No, that they might go whenever they liked." I believe, as far as I can recollect, that the captain told them that two or three had better go off than the whole of them; they demurred to this, and then he told them that they might all go. It was quite understood by Captain Duguid that the men had elected to quit the ship. They were discharged by the magistrate. In consequence of this, we got a shipping master to ship another crew for the Oreto. I think it was Saturday. I think there were some fifteen or sixteen new hands were then shipped; they received their usual advance. It was our intention then to send her immediately to sea. In fact, I had arranged with the pilot to take her out on the following morning, Sunday. They missed the tide, the crew not being on board. The vessel was again seized that day; the crew we shipped left her. I have not seen them since, and all the advance that we paid is lost. Our firm had the sole direction and management of the Oreto. I know of no persons but ourselves and Captain Duguid having any control over the Oreto. I have seen a person by the name of John Lowe, who came out as passenger in the Oreto. Mr. Lowe, while at Nassau, never exercised any authority over the Oreto. We never received any instructions from Mr. Lowe relative to the Oreto. The day the vessel arrived we received a message from the captain, requesting us to send some meat and other provisions on board. I gave orders to Turtle and Millar to supply the vessel with meat. In placing the cargo on board of the Oreto it was distinctly understood as cargo. I stated to the receiver-general 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 con[42] signment over to some one else. No act was done by the authority of Henry Adderley & Co., with the intent that vessel should be equipped as a cruiser. I told Captain Duguid, very shortly after he arrived here, that they were talking a good deal about the hull of his vessel; mind do nothing that will have the appearance of equipping; there is a report about the town that traverses had been fixed for guns. I immediately made a point of seeing Captain Duguid to ascertain if such was the case, and he informed me that it was not. I had never then seen the vessel. I mean I had not been on board of her. Cross-examined: The vessel was consigned to Henry Adderley & Co., by Messrs. Fraser, Trenholm & Co., of Liverpool. She was consigned as a merchant-vessel; 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. and R. Wright, Saint John's, New Brunswick, on account and risk of J. R. Armstrong, of Liverpool. The Oreto arrived here, I think, on or about the 28th April last. Mr. John Lowe, I think, had a letter of introduction from Mr. Trenholm or the firm. I do not know whether Mr. Lowe was in any way interested in the Oreto. In any correspondence which we received from Fraser, Trenholm & Co. I do not recollect Mr. Lowe being mentioned as being interested in the Oreto. We have never had any transactions with Mr. Lowe in regard to the Oreto. I think she remained here several weeks before any attempt was made to ship cargo. We thought we would receive some instructions from our friends about her, but we did not. The shipping of the cargo on board of 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. I believe I had not been on board the Oreto until I went to direct the captain to have the cargo taken discharged. I did not give Captain Duguid any instructions as to the stowage of the cargo; we never do; we always leave that to the captain and stevedore. The morning I went on board with the searcher I found Captain Hickley on board. Captain Hickley must have got on board before the searcher of the customs and myself. Nearly the whole of the shell had been discharged. At that time there was not more than nine cases of shell then on deck. We had been about two days loading and unloading her. I think we commenced early on the morning of that day unloading her; it was about a quarter to two when I went on board. I had been on board that day previously to my going off with the searcher. There ought to have been a searcher of the customs on board at the time of the loading and unloading, but I am not aware whether there was. In this case I particularly requested that one might be put on board. Re-examined: I was asked in my cross-examination whether this vessel was going to Saint John's, New Brunswick; we have often cleared vessels for that port, and I intend clearing one to-morrow, loaded with arms and ammunition and other merchandise. (Signed) GEORGE D. HARRIS. Same day repeated and acknowledged before the honorable the worshipful John Campbell Lees, judge and commissary. Present, J. A. BROOK, Registrar. Richard Henry Eustice, being duly sworn, states: [43] JULY 22, 1862. I am a master mariner. I command the steamship Scotia. I have commanded steamships for six years. I know steamship Oreto only by seeing her in here. I am thoroughly acquainted with what is necessary for the fitting of a steamship. I think at least fifty or sixty spare blocks would be a fair quantity for a new vessel of the size of the Oreto. When I refer to spare blocks, I mean what is usually called luff-tackle blocks and watch-tackle blocks. A steamer that is sailed must necessarily have more blocks than one that is propelled entirely by steam. I could muster up thirty or forty luff-tackle blocks and watch-tackle blocks on board of the Scotia, and I carry no square sail. The Scotia is not more than half the size of the Oreto; the Oreto is rigged as a sailing-ship. I have commanded a steamship that has been so constructed that she could be fitted as a vessel of war. I commanded the Jason, which could be so fitted; that vessel had in her side tackle-bolts and breeching-bolts and other fittings which are usually in men-of-war, and those vessels sailing from ports in England. I have never had those vessels arrested or seized in consequence of having those fittings. Cross-examined: I have now about 30 or 40 spare blocks on board the Scotia. I never called them gun-tackle blocks. I have had on board vessels that I have commanded little blocks that they call gun-tackle blocks; they were more toys than anything else. The Jason had a magazine. I dare say it would have held perhaps twenty tons. I do not know whether there were light-rooms fitted to the magazine; I never examined it so strictly. I commanded the Jason one voyage to the Brazils and back to England. I do not remember if there was a handing-room fitted on board the Jason for handing out powder; there was a scuttle that the powder came out; there were places on board the Jason where shell could be carried; there were shot boxes fitted on the deck merely for the signal-guns. I do not know how many shot-boxes were on the deck of the Jason. I won't swear there were not more than two, but I will swear that there were racks sufficient for fifty shot, for nine-pound shot. This was in 1859. The tonnage of the Jason was 2,460 gross; she carried a large cargo, with plenty of stowage-room for cargo and passengers; she was a vessel in all respects calculated with carriage of cargo and passengers, and that was her usual employment. We carried 120 men in all. I am not prepared to say what number we carried before the mast. Out of these 120 men, there were a good many cooks and stewards. The Jason was a noble ship. She had been as a troop-ship, but not as a war-vessel. She was employed as a troop-ship during th Crimean war. I would like for the use of the Scotia about twenty luff and watch tackles rove at one time, which would take about forty blocks. I consider that number necessary. I have sometimes only two rove and sometimes a dozen. Re-examined: When I speak of tackle, I mean rope and blocks together. I would like to have twenty on board the vessel, but that would expend more rope than we could afford. We have to be very economical on board our little vessels. When we want to reeve a block, we slip the rope from one block to the other. (Signed) R. H. EUSTICE. Same day repeated and acknowledged before the honorable the worshipful John Campbell Lees, judge and commissary. Present, [44] J. A. BROOK, Registrar. Frederick T. Parke, being duly sworn, states: *JULY 22, 1862. 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 her. I know her size by looking at her. 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 a few extra blocks than a vessel that has been on a voyage. Cross-examined: The blocks I refer to being used, luff tackle blocks, are used for cargo and taking in boats, and other heavy purposes. Watch tackle-blocks are used in a variety of ways. I have not on board the Minho any blocks called gun-tackle blocks. I have had on one occasion gun-tackle blocks on board. By the judge: Tackle are called luff-tackle-watch-tackle or guntackle blocks, according to the purpose to which they are to be applied, but they can be applied in various ways. Cross-examination continued: If I were using blocks as luff-tackle and watch-tackle blocks, I would not call them gun-tackle blocks. On one occasion I had on board guntackle blocks. My vessel was employed at that time in the merchant service. These particular tackles were used for guns, about eight-pound pieces; they were brass pieces; they were two guns; there were four tackles; those were all the tackles that we called gun-tackle blocks. Our guns were used for signal-guns. I commanded the Minho when she last cleared for this port; she cleared for St. John's. It was the only time that I cleared from here for St. John's. I did not reach St. John's. I went into Charleston. I have heard other vessels that, intending to go to the Confederate States, clear for St. John's. I believe that other vessels have cleared for St. John's. I have not now cleared for St. John's, and I do not know where I am bound again. Re-examined: I went into Charleston. I did not cruise to commit any hostility against any state. I went into Charleston on a merchant voyage. My vessel, the Minho, is now lying in this port. (Signed) F. T. PARKE. Same day repeated and acknowledged before the honorable the worshipful John Campbell Lees, judge aud commissary. 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 30 or 40 blocks, including the luff and tackle blocks, not less. I consider that would be a reasonable supply for a vessel of that kind. It just depends on the contract whether a new ship will have more blocks than one that has been to sea. Cross-examined: It is not usual for a vessel in the merchant service to have blocks called "gun-tackle blocks." I have had them for "signal- guns," but I have had them on board of a merchant vessel in great quantities. I once had a ship with ten guns and eighty men. My ship was engaged to go after some pirates, in 1841, at Lombok, and the service lasted six weeks. Lombok is to the eastward of Java, in the China seas. My vessel was not specially sent out for the service. I lent my vessel to the Rajah of Lombok, and went in her myself. I was seeking cargo in India. I lent my vessel for the express purpose to go after the pirates, and the same lasted six weeks. (Signed) WILLIAM RAISBECK. Same day repeated and acknowledged before the hononorable the worshipful John Campbell Lees, judge and commissary. Present, J. A. BROOK, Registrar. JULY 26, 1862. Thomas Joseph Waters, being duly sworn, states: I have been a master mariner for five years. I have always commanded steamships. I have seen the steamship Oreto. She is a first-class ship. I have been officer in ships fitted out so that they could be converted into vessels of war. I have been in vessels that have had side-tackle, breech-tackle, and gun-tackle, bolts, and guns, with an ordinary maga zine for a ship carrying from four to six guns. The Oreto is a first-class ship, and they would never send a vessel of that class with less than four or five dozen blocks from London. Such ships as the Oreto leave London every day for India and China, equipped as she is. Cross-examined: I have been in three ships fitted as I have described. Two of the ships carried. four guns, mounted. They were employed in the West India mail service, the Thames and Trent. These vessels were carrying mails under contract with the government. I have commanded in the mail service, and the vessels I refer to are employed in the mail service. (Signed) T. J. WATERS. Same day repeated and acknowledged before the honorable the worshipful John Campbell Lees, judge and commissary. Present, [46] Registrar. J. A. BROOK, *JULY 26, 1862. James Alexander Duguid, being sworn, states: I am master of the British steamship Oreto. I took charge of her at Liverpool. When I first took charge of her she was bound for Palermo; that was according to my orders. I think she came out of dock on the 4th of March, and we quitted the Mersey at the latter end of March. During the time of her coming out of the dock and quitting the Mersey, she had all her crew on board with the exception of one or two changes. When I sailed I had not the same mate as when I left the |