The New York Herald Newspaper, November 1, 1851, Page 3

‘HE CUBAN EIPEDITION. SEIZURE OF THE PAMPERO. PROGRESS OF THE LIBEL Suir. ‘Trial of the Case of the Pampero. BEYORK THE UNITED STATES COURT OF ADMIRALTY AT 8T. AUGUSTINE, FLORIDA. Ocronsr 9, 1951. On this dey the Court was convened. Phe Dis- trict Attorney, George W. Call, Esq , for the libel- lant, and the claimant of the stoumat, 1. J. Boga a, with his counsel, McQueen voppeared 1 . Putnam, , . TI Tibels ( yo 2) ap the United States revenue laws, and violation of the neutrality Jaws, were read by the clerk. On the second day, Osteber 10th, the testimony on A he sey of libellant commenced by to tl John King, a Bee ef the expedition, that departed from New leans. Mr. King, being duly sworn, in answer to inter- rogatories, states tt he went on board the ampero as a member of the expedition, about the second of August, at Lafayette, zbove the 4 of New Orleans; the vessel was commanded by Capt. Lewis; she was towed down the river by a tow- boat, and hed on board, at the time, near seven hundred men ; went down the Mississippi, and remained in the woods for a day or two, mbout two-thirds of the way between the city and the mouth of the river; they wore taken over the bar at the mouth of the Mississippi by a towboat; the boat being too crowded, about two hundred of the men went on board the tow- boat at the stopping place on the river, and ro- turned to New Orleans; the Pampero touched at Key West the first place, where she remained not over an hour; witness was told by Capt. Brigham, to whose company he belonged, that they were des- tined for the coast of Cuba; but witness had no previous knowledge that he was destined for Cuba, and should not have knewn the icland of Cuba if he had seen it. (On witness being asked what ‘was the ultimate destination of the Pampero when she left New Orleans, claimant’s counsel objected to the question ) They arrived at Cuba the day after they left Key West; witness believed the land could be seen with glas: witnese was sick, but ‘was at the time on deck; Gen. pase told him that thas was Cuba; witeess could talk a little Spanish, ¢-wad conversed with Gen Lopez as the7 approache the shore; be was looking afit with the glass, and witness asked him wha: country that was; witness pag que tierra es? ho answered Cuba; being sick, witness did not land with the other men, but returned with the vessel, or he did not know where she was to go, nor whether she was to re‘urn to Cuba or not; witness states the vessel touched gain at Key West after she lett the coast of Cuba, and he becume insensible elterwards, being sick on board for some time; he became conscious when they made a landing somewhere on a river of Flori- da, to cut wood; he remained on beard uatil he reached Jacksonville, when he was assisted ashore by two men; witnegs states they got very short of iene before arriving at Cuba; thet on their at arrival at Key West there was a small boat came alongside, and put some few things on board, provisions; thinks there was one barrel and some packages; did not know what they contained; they touched at no place after they left the mouth of the Mississippi, and did not go to the wharf there; Gen. rapes was the commander on board of the whole of the forces; the steamer was said not to ba in good order; she did not exceed ten miles an hour at any time; witness was not anative of the United States; had been in the Usited States sume twelve or thirteen years, and was er absent excopt in Mexico and on the coast of Cuba; does not recol- lect seeing any flag flying on the Pampero while on board of Ler. Ocroper I, 1851, N. T. Titus, Colonel of the expedition, sworn :-- ‘Witness know not the steamer Pampero; knew a ‘veseel commanded by Captain Lewis, called by some the Pampero, and by see the Washiagten; docs not know chat the veavel was registered or had papers. (Questions asked witness by District At- dorney, eee to by claimant's counsel, and over- ruled) The voseel was bound to Doboy when sho left Jucksonville, and was destined to Cuba. (Wit- ness declined ans#¢ring coriain questions, on the eves that it might crimiaate bimself.) Witness d command of the vessel from Gen. Lopen— meant command of the passengers on board of her; had the right to direct tae movements of the ves- I controlled the movements of the vossel for Some time, with the assent of the captain on board, which aseent arose from the fact that I ‘Was entrusted by General Lopez with the direction of her; witne: wived on board passengers, mer- vebaudise, got at Jacksonville; the mer gut belonged to biea; took it on of questions on the 8 went from u river, acd thence river, when his con- terminated. (Questions ch claimant's t ioformation a efeat of Lopez; this was the reason Why the Voyage was pot continued; not more thau heif a doz:o were on board when he roceived the information; the passengers were all on shore, tom- porarily; most of the passengers were left af Nas- sau; some twenty five or thirty came up to Jack- sonville iu the versel; the freight went also up the #3t. Jobne; a good portion of tho freight was put off at Thunde: volt, ou the Jasper; supposes two- shirds of ibe cargo were brought bask to St. Johns river. (Witness was asked what the boxes con- teined that were put off at Thuuderbolt. Declined answering, as it might ato himself.) The place was in the vicinity of Taucderboltand a place called Wareaw Sound, a short distance below; five or six miles; when witness took command of the Pampero, it was not his inieation to go into the coasting trade between the St. Johus end Savaunab; he was then engaged in a pleasure excursion ; did not know who was the owner of the Pampero—s» many owned hor, it was hard to tell who owned her ; witners received vor- bal communications from those persons who placed the Pampero under his control ; the Grst informa- tion he received was from Mr. V illaverdo, an agent of General Lopez, about two days before tho l’am- pero left New Orleans, from sealed pectogee wrought by and conversatirn with hin; Mr. Vila verde was the recognized agent and aid of Gen. Logex ; 60 witness was instructed by Gen. Lopez ; witkess recvivid the coutrol of the forces on the vessel from (i en. Lopes himeelf, anvt that command carried with it the control of the forces of the ves sel ; Capt. Lewis was :he cap of the boat from the time she came to Jacksonville until seized by the collecter ; witness does no: remember whother avy United States flag was ever seen raised on the vessel ; no Lag was raed on her to his knowledge ; ebe bad United States colors and signals on board; she bad no other flag ; witness bad one fag himself on board ; it was a red, white and blue flag, witha star in the middle of it; three stripes were red, ono white, and one blue ; it was pretty well used up when he saw it ; tho vessel had two m rst and se- cond mates, railing master, and captain ; witness asked Capt. Le mis second time about the papers, my id be had i fro y authority other thi be did not tell mo whether heh. Lopes ; I do not koow that he C xamined—!n answer to interrogatories, ated he did not know that this vessel was ed in any trade of merchandise to any foreign ports hn trade be carrying soot the yy of Cube; this vessel was for any for- Pavendoned the tri % for Thunderbolt, al, ne pepe from Gen. to goona jestination was from Thunderbelt de; Noe EXAMINATION ON LIBEL NO 2, FOR VIOLATION OF NEUTRALITY LAWS. Witness states that he has certain letters in his relative to this matter; 4 Ry hero; they are of a private nature; witness command of the men by direction of Gen Lopez, and as an incident of such command, had direction of the —— of the ven he pba lege ver by _ oral t, throug! steamer Pam- pare woud be at Jacksonville about a certain day; and when rhe arrived, as Colonel of certain forcos, 1 took command of her,as | had # right to do; General Lopes was Commander-in-Chief « ver ino, in reference to such forces. (Witness dovuned Fated ye ng) tuose forces were des- tined ) They were not part of the army of the United Statee, or of the militia of Florida; the forces, or troops, were expected to participate in the amuse ments of which we were going in search. ‘Witness declines answering several questions.) he titles given to witness's subordinates wero military titiee—captains, lieutenants, majors, &o.; these men were some of them military soldiers, and had ably been drilled time; no ar; wore distributed in the St. Joh: (Deel answering where the forces were destined to ‘These men were raised and organix uthority received from Generat ouly; they were raised ae 088 is asked if ho is willing to hey were not raired in compauies, or military organization—deolinea answering ) ‘They were raised as emigrants; the men were to quit this country. (Declines answering to what eountry be ntto go) Ger i Lopes informed ‘witness, in communications, that he intended 0 go to Cuba; those communications wore both ia EES SE TE 4 st ioe f it Bg i cause they cause the: to St. Jol of provisions oieg to Thi en barrels of bread, and Cros#oxamined—I was to ast in con- nection with Mr. Lama, of Savannah ; Gen. Lopez sent Mr. Villaverde to witness, with instructions from Gen. Lopez, in which witness was directed to obey ruch instructions as he (Villaverde) might give him ; witness had had verbal interview: tions from Gen. Lopez; the last interview be had with Gen. Lopez was in Philadelphia, a year ago last August; he fessarophed to witness to come over to New York, and then he made the arrangements Telative to congregating, nothing was said about the steamer Pampero ; she was not then heard of; I had not, at that time, any authority frem Gen. Lopez, pe ly, to goon board the Pampero ; she was not then thought of, and had not been purchased; this interview at Pi ladelphia was the last personal interview | ever had with Gen. ro by virtue of an arrangement then made at Phila- delpbia with Lopez; it was a continual Srnae ment; witness did net then know what vessel they would go on; his authority from Gen. Lopes was to have his men ready to go at any time when a coneert of action was necessary; his men elways have been ready ever since, and have meade two or three attempts to get off, which have failed within the last year; this mat- ter bas always been allotied to different persona; Gen. Gonzales had the direction of the south- westein movement, and witness's orders came through him previous to this last affair; wit- ness states that the command of the forces on beard ,the vessel, was not only given to him by Gereral Lopez, but also by Mr. Segur. A dis- pute arcso in Savannah, in reference to wresting the commend from witnesr, and giving him a lieutenant coloneley, which was settled by Mr. Scgur giving bim the command of the fore but bis instructions and authority were derived from Gereral Lopez entirely, as the commanding officer; he was the perron who had the sole right to give all orders and directions ; Mr. Segar claimed to have aright to give orders and di-ections, which witness declined to recognise ; all persone who had anythivg to do with theemi- rants derived their authority from General foes himself; no other person had any autho- rity in the United States except his authorized agents ; witnest only know two agents, they were General Gonzales and Mr. Lama; witness states that, in the first place, when he met General Lopez in New York, the torces were to be raised in Philadelphia ; atterwards it was put off, and witness came to Florida, and he commenced again with him through General Gonzales; it was not intended to have any military organization within the United States ; it was'not iatended to be an armed expedition when they should arrive in Cuba; witness said they were going there to free the Cubans, a class of men who had not the cou- roge to strike for themselves. John Thompson, a citizen of Jacksonville, sworn —His evidence was limited, and not mate- rial. Witness states he saw the Pampero when she arrived at Jacksonville; she had a flag flying ; it was red, white, and biue, with a star on it; the flag was fying at ber main topmast ; it was ne national flag that witness knew of; it may heve been @ private signal; witness is @ sea- man, and knows the fags of different nations. Jokn ©, Hemming, a citizen of Jacksonville, sworn—Witrees saw the Pampero when she first came into Jacksonville ; he Hever peo converaod with the captain (Lowis), who told him, in answer to an isquiry, that the Pampero had come from Cuba; the captein told witness about the Lopez expedicion—how they landed, and got aground; did pot tell him anytbing about the object of the vessel coming into the St. Johns river; passengers wont aboara of the vessel at Jacksonville, probably one | busdred men; there was something pat on beard of that vesrel whi there; there was merchandise puton board, but witness did not know where it was destined; three or four tierces went on board; berrels of bread and dour were put on board for the use of the vessel; these provisions were col. lected. and subscribed ; soime money was coilecte 4 to psy the board of some persons who went on board the steame: | there boarding; were without money, and wished to go away; the incueement for collecting money for the board was that there w few mere loiter- ers about than there was any need of; the object ras to get them off on board the Pampero ; w saw no arms put on board; side arms we: on board; there was one box used, witness belicves to drill with; going to drill and returning ; the arm: ic) ger rifles and American rifles; should think there were tweive or sixteen stand of arms; there was a 1o- ral understanding when the boat arrived, whore she was from and where bound ; she was not advertised in any newepaper or handbills as to her being bound to any port of the United States; there never was a@ steamer left that port whore destination was more perfectly understood than was the Pampero; the sailing master of the Pampero told witness what sbe bad been about, and where she was going. (The District Attorney asked witness what tho sailing master told witness. The claimant's coun- sel objects to the question. Question admitted, sub- jeot to exception.) Sailing master told witness that the vesre! was bound to © first proceeding inland route to and thease to bere was some military organization among en; | d some of them addressed as cap- lieutene and beard one of the captains addressiog one of them as colonel; the colonel was Colonel Titus; the mepey that was collected was for the object of senting these men to Cuba ; wit- ness thicks if the men had been engaged in any other business than that they w ngaged ia they would not have gota dollar; the money would not bave been collected if they had not been going awey; if they had been going to Philadelphia or New York, witness does nut believe anything would have been received. UNDER FIRST LIBEL. AcjutautJobn Hopkins, of the Jacksonville Batta- lion, sworn— (Questioned by libellant.—Do you kaew the vesel called the Pampero? A. Ido. _ Q. What is her burthen? A. About 350 tons. Q_ By whom was she commanded! A. by Cap- tain Le wis. Q When did you first see her? A. Saw her at Jackeonville, on the lst of September last. Q. Did you learn where said vessel was from? A_ [learned she was from Cuba. Q From whom did you learn this? (Question chjected to by defence, as eliciting merely hearsay teetimony ) Q Did you know how long vince the vessel left Cubat A. I did not. Q Did you learn from the captain or other offi- cer of the vessel that she was from Ouba! A. it was the general understand did not learn direct. Q. Di = learn from the captain the object of the, vessel in coming in the river St. John’s? A. Did net. Q. Did you learn from the captain or other prin- cigal cficer of the boat, where it wax intended to land ber freight, or whet was then to be the desti- nation of the vessel! A. | learned that she wasto land ber freight in Cuba, and that ber destination was Cuba. be Lid you take pareage on said ship yourself! A ldid Q. What was your ultimate destination! A. Cuba. Q. Were any ey or other things taken on board the veseel inthe St. Johns river, to your per- sonal knowledge! A. There were. Q. What was the destinatio: things! A. I presume the destined for Cube . ie were Q. At what points these things received! A. ¢ at Jacksonville, and some three milos be- A. Do not nd what things were taken on ey Were taken on board in > they wore in box Q Do you know what I do not kn in the e 5 ea taken on parrose of trade with 0. trading voyage? A. * Cubat A. Not to know Q. Was this expedition I think not. (. Was any freight money to be paid for the ar bi 1 A. Not that I know of; my Po ape is there was no money to be paid for ereht. Q. Wa parrage money to bo paid? A. 1 did not pay; do not know of any money to be paid; I knew of none intended to be . (, Would you know whether there was to be paid fer the property or men any freight or presage mereyt A. ldo not know whether the transpor- tation was to be paid for Q. Do you know bow or by whom tho vessel was chaitered, useof her? A. ldo or who paid for | per; 1 joined the Pam hey were young men who had beea | not know; it wasstated by Gen. Lopes; 1 do not know that fact. A : SECOND LIBEL. UNDER Questioned by libellant.—You said there were boxes &e., on board the vessel ; do you know what Bataind! A. I saw boxes 9 vessel; barrels; I Q. Are saddles Not much. Q. Where were the saddles to be landed? A. They were to be landed on the Island of Cuba; that flow many ud wore there! A. Twenty ort 3 Hare you ever beon engaged in commercial aftsrs - No. A. No. Q. What would a man do with twenty or thirty saddles? A. He would use them; they belonged to the expedition, mk hat expedition? A. The Cuba expodi- yn. Q Were any iproricicns received on board in the a 3. St. Johns river os. Q Of what did they consist? A. Flour, provi- sions, pork, and bread. Q. Howmany gers were on board of the Pawpero? A. ne hundred and fitty, I suppose. Q. Were there any from Jacksonville? y Se venty-five, 1 think. Were they arranged into any sort of milita: organization? A. They had officers holdiag mili- tary rank and title, appeinted by the leading men of the expedition, Q. Was there more than one colonel? How many bey a and how many lieutenants were there? A. There was a colonel, lieutenant colonel, adjutant, and four captains. .. How many lieutenants? A. Not more than four. Q. Were all these passengers? A. Yes. A These were the officers of that body of men? . Yes. Q. They were arranged in companies, or batta- lious’ A. Yes. Q. Had the officers and men any avowed public and notorious object? A. They were goiog to Coba, to liberate the Cubans. Q. Was their intention to co-operate with Gen. Lopez? A. Yes. Q. Were there any pieces of artillery of any des- cription on board? A. Yes. . Were any of the arms used by the men? A. The men used the arms at Nassau; they were drilled there ; each man fixed his own musket. How many pieces of cannon were there? A. Only two mounted; there were boxes contain- ing cannon, I presume; { know they were cannon. Q. Were the cannon brass pieces? A. Thoy were. Q. What other arms were on board? A. There were two twelve peunders and two howitzers, and a smali gun, which may have been on board before. Q Do you know with what intention the howitzers were mounted? A. I do not. Q. How many did the crew of the vessel consist of. A. There was a captain, sailing master, one or two lieutenants, two enginvers, a cook, and everal deck hands. Crossexamined.—Q. Were not the provisions for the use of those men on board. A Yes. Q. What was intended with the cannon? Where was it to be deposited? A. The Island ef Cuba. Q. Were these pieces caloulated to be used on an A. They were—there were gun carria- ges, &e. Q. Was there intention to use these piceas any- where than upon Jand? A. Noue. What was done with the saddles, cannon, &0.? A. I do not know positively ; | believe they were lelt at Palatha; I was absent at the time; srugthing was landed from the vessel in the St. obps. Q. Have you ecen these articles? A. I have. Q. Were they the same as were on board the vereel? A. They were. Q. What quantity of arms were there? A. Abcut five or six hundred muskets, between sixty and cre hundred Yauger rifles, 150 cutlasses, and the two howitzer and twelve pound guns. Q. What quantity of ammunition was there? A. Filteen kegs of powder, shells, bombs, fifty or sixty kegs of cartridges. (. You speak of this expedition drilling at Nas- sau—state Jor what object you were there. A. We went to Warsaw from Jacksonville, twenty nreh, totake on board men. The per metus down there; we found the men there; they were brought down by the | but I did not sce the Jusper land them ; | Pampero there and went to Savannah in the Jas- pero at Navsaa Sound. (. Had the number increased by the time you arrived at Nassau Sound! A. Yes; probably sixty or seventy. Q. Was that party received from perticular company! A. Yes; Capt. company, of Savannah, (J. Were the persons esos ig the boat en- cewped on shore at Nassaut A. Yes. Were any additional arms { ! A. This company had revolvers with them, a fome gens, and the officers had swords. y did not the verse! go, and why was the chject abendoned? A jo not know, the news of tbe death of Lopez was the reason | abandoned it. Q. Did you hear any news from Cuba! A. I brovght celf, the news from Savannah that Lo- pes Was taken. Q. Was that the immediate cause of the object being abandoned! A. I think it was. Andrew V. Colvin, a captain in tho Jacksonville battalion called. nah any illismason’s rnished this com- Ling No. 1. Question by prosecution. Do you know the vee- te) commonly called the Pampero! A. | do. Q. What is her tonnag A. About 350 tons. (). Who was her capta A. Captain Lewis. Q Did you learn from the captain, or other prin- cipal officer of the vessel, where she came from? A. I did not; the captain bad very little to be (. Were yon one of the expedition? A. My be- ing one My oe on circumstances; | have been on Loard the Pampero. Q Had you eny idea whero you wore going, when you left Jacksonville! A. I understood wo were going to Warraw inlet. Q Pils that her destination? A eared. (). Did you expect to go farther? A. I did. . Where? A. Cuba. (2. Would you have gone on board for any other object than to go Cuba! A. J would not. (). Was there not a general understanding that the was to be the means of carrying an expe ition toCubat A. Yes. Q. When did she leave? A. On the Tuesday following the day she came in. Q. When was that! A. The 2d September. Q. How many passengers went on board with you at Jacksonville! A. About 75 or 100. (2. Did they all expect to go to Cuba too? A. ‘Thexdid. Q. Were any provisions put on board according to ied knowledge? A. A small quantity was put cp beard at Jacksonville. (. Were there any other passengers on board except those bound for © ? A. None. Q. Under what name did you go? A. Wi ae «migrants, and under that name Q. Did you expect to settle in Cuba’? A. I in- tended settling in Cuba. Q. Did you wae te co-operate with Genoral Lopez in the rebellion in Cuba? A. There wore two parties; [ — to join the republican party. Q. Who was the head, or leader, at Jacksonville? A. Colonel Titus. So it ap- at Q. Lid you by aay. omes leader? A. Now. . Q. Did you re jetters from General Loper, indicsting him as a leader over Colonel Titus LObjeoted te by coansel for Mr. Segur.) Q. Was anything cleo placed on board the vessels be provisions, at Jacksonville! A. ‘bere were come boxes recived at Pottsburg ereck Q Were any opened, ani, if so, what did thoy ecrtain ! A. Some were opened ; they contained mdd'es. ( Where were the boxes destined? A. Taup- rere for Savannah Part of them were carried to Savarrah in the Jesper. These were some of tho thirge tehenen board at Jacksonville. . How mary boxes were placed on board the Jasper. A. aes many; | can’t say how many. on = Q. When where were these things board the Jasper? A. At Warsaw, the boat was lying there. Q. Do you kno who these articles belonged to? A. | pre Mr. Segur; Mr. Segur was there pacing ack upon them. He came down in the er. Q.. te gen know whether any considerable por- po A pephahy ‘ampero! A. was con- tiderable. Q. Were the balance to be landed anywhere! A. 1 do not know. QQ. Were arms distributed to the mon after she left Jacksonville! A. They were not to my know. ledge; L left the boat at Warsaw, and never saw the 'y afterwards; there were arma carried up to 3 Leaw Mr. Sogur giving orders to carry Cross examined.—Q. Do you know what a of OS far vas were received on board from Jackson- ville? A. I do rot. Had the men of Capt. Williamson's com wae A. Some few re pt. Williamson's - pany bad there were not many of these men. Q. Did the steamer go from the St. Johns to Warsaw! A. No: went into Nassau; but she did not land there; she did not stay there over an hour; rhe then went direct to Warsaw. hether you had any communication with Savannah. A. | do not know; in the Jasper. tl ‘al of articles to the Jaeper, was we hing done by the authority of Mr. Segur. A. we Q. Had Mr. Segar the ownership or right to the movements of the boat? (Objectod ww eft the | give the order for ber to go to Nassau to any body. Q. Did re Lewis act under the orders of Mr. Segur! A. He did. ms . Who was your leader ormilitary commander! A. Col, Titus. . Was he the seeogeieed leader of the boat? @ recognized commander of the men, not Uapt. Lewis had command of the boat, though he could not have ordered the boat with- out the consent of Mr. Segur. Q. Where did you first sce Mr. Segur? A. We found Mr. Segurat Warsaw when we arrived there; he ante general directions; he seemed to have con- trol over all. Q. In what light did you regard your party at that time? A. We were more as a pleasure party than thing else; Mr. Segur was acting as owner of the bout; he directed Colonel Titus; spoke of pocee men, sending men on shore, &o. .Q. Did he say he was the owner of the boat? A. No; I merely jadged by bis acts, and the submis- sion of ‘ies to his direction. QQ. Was the Pampero in a conditionto A. She was not when she lett Jacksonvili Q. In what reepect was she unfitted for sea? A. She had no fuel, no water on board, for such a voyage. a Did the vesael leave Jacksonville as if intend- ing to go upon a foreign voyage? A. It svemed she did not. leave the port of Jacksoaville to go upon a foreign voyage. “ Q What course did the vessel take on leaving Nassau? A. She went outside from Nassau to Warsaw; she kept close to shore, because she had no men used to firing, and the engineer said he would go on shore if he could get no firemen. ai any freight paid for the things oa board? A. Tho freight was gratuit: us entiroly. - Do you know who employed the boat to carry the pasty! A. Ldonot. Q. Were there any articles on board for trade or traflict A. None whatever. Questions by Libellant—In what way did Mr. Segur act Coy) the transhipment of articles on board the Jasper? A. By general directions; Mc. Segur bad his Baas and paper, marking down, &e., and gave directions on board the bost part of the day; Col. Titus was on board; the pero was ordered to be affixed to the boat by Mr. Segur; it had been obliterated, and Washington, D.U., asthe place where the vessel hailed from, left; Pampero was again added; witness afterward said che name Pampero was on the furniture and apparel of the boat. 2. Were the acts and diroctions of Mr. Segur different from those of a commission merchant? A. His acts were those I have stated. Q. You said that Mr. Segur claimed to be owner; wh&t did hesay? A. 1 never heard bim say he was the owner in exact words «. Did you leave Jacksonville with the oxpeo- tation of going direct to Cuba? A. We did not; we did not think the vessel would come back to Jacksonville, vut touch at some other points on the Florida coast before going to Cuba. Q In what capacity were you in the expedition ? A. I was a captain in the expedition. Q What was the object in going to Savannah? A. It was to get men. Q. Was the objeet ultimately to go to Cuba? A. The object of all on board was to go to Cuba, but 1 was not sure I would go to Cuba ia the Pawpero; 1 had been told that there was an other boat, the Monmouth, on which | might go. . Segur a commission merchant in Sa ' A. Ido not think he is; I understuod he was from New Orleans Jacob Rutherford ealled—Q. by District Attor- ney —Do you know the steamer commonly galled the Pampero? A. I do. Q. Were you acting in any capacity on board enid vessel? A I am an engineer, aad acted in that oppeatty on the Pampero. Q. When, and where did you begin to act as en- incer? A. From the 25th day of August last, at Yarsaw Sound, Georgia; | was asvistant engineer. «. By whom was you employed? A. Me} Mr. Jotneon, the other engineer, and Captain Lewis; but they would not engage me permanently uatil thcy saw Mr. Segur; Mr. Segur efterwards came down end brought nother engineer, but when Mr. Johnson said bo had employed me he seut the other f° to sea? 2. name Pam- engincer back, and joyed me. F articular voyazo specified to you, gemont m wita you! A. No particuler ve was specified to me, nor was I engoged for any specified jength of time; | was en- faved by the month; | a 5 ©, on ber first voyage from Warsaw; © Jacksonville on the aiternoon of the August. ere avy general understanding as to nation of the vesrel! A. I know of no un ing; | was not inetly informed; I had no conversation with the captain about is, but 1 judged the expedition was bound for Cuba, from seing men come on board at Jacksonvi I was on board when the vessel received freight in St. Johns river; at Jacksonvil Cress-examination.— How do you know the vessel I saw some cf the hogsheads received > and a flat load of boxes at the d others with @ ¢iamond and 1’. was the Pampero! A. L knew her by the name. The sign on which the name was was pulled offaccidentaily woon the J. Stone was towing the Pampere out at Warsaw. The sign was afterwards replaced Geo. H. Smith, of Jacksonville, examined by District Attorrey.—Q Were yonowployed as tem- prary inspector at Jacksonville? A. was on the obtb of August, in place of Dr. Holland, who was tick; | was employed by Col. Hart, the collector. QQ. Did you go on board the Pamperot A. I bees for the purpore of seeing the papers of the at. Q. Did you see the papers? A. I did not; I did not sce the captain; | raw a gonileman whom I at first eupposed to be the captain; he said he wae net, and that the captain was en thore; the one | saw wes called second captain, or sailing master. Q. bid you meke known in it capacity you came on the boat! A. I did; Larked him for the fepers; be did not exhibit them to me; he said tho captain was ashore; | reported to the collector; he teld me to go back and ;emain on board until [ could eee the captain; the boat was prepared for mo to goon board, and | went on board; | met with C Lewis; | asked bim to show his papers; he enid he hed twenty four hours to do that in; | mado that report to Col. Hart; admisted that it was the care, that he bad twenty-four h show his fi ; he urged that I should g remain on ourd; 1 was not desirous to do so, as pleasant place; the collector told me | 3 the by = ~ twenty-four mi orted to the collector that the rs bad not been exhibited to me. lina i ptan at any titac inform you whore m, or where she was ing? A Ile did not; he appeared to be very cautious on that subject. Q. Was there any avowed and notorious destina- tion mentioned of the vessel on the day she loft Jacksonville? (Objected to by counsel for defence ) Q. Did. pasrengers state their destination on going on board said vessel! (Objected to.) (.. Did the captain gi ou any information as to where the vesrel came from, or where she was going! A. He did not give me much satisfaction os - evbj he ssid she was from Savanneh oo ; Udid not know the voesel; I did not 1 do not remember that | inquired of the captain or other officer what vessel it was; I thought it was the Pampero, as the Pam had bern pees at Jacksonville for several days. Q. Did you see the captain after you went on beard tho versel the second time, he told you he had twenty-four hoars in which to show his ‘pa- +! A. laaw the captain, and told him I had enon board his vessel to see his papers; he did pot give me much ratisfaction; | ‘not go on the vessel at the end of the twenty-four hours; | saw the captain on shore; | became satisfied, frem what | Cane ie, da ge.aes meee to extian his papers . Lew m much as to 5 other officer on bond teld me that a box had been knocked overboa:d, and that the papers were in it; one Lewis avoi giving answorsto my ques- tions. Ocronmr HM, 1861. LIDEL NO. I. Androw J. Jobreon, one of the Jacksonville bat- talion, called —Q. by Distrist Attorney = se know the steamer the Pamperot know & vessel by that name. did 5 ou firet see said veeselt A. st of Au Q. On what On Sanday, the “sh Q. At what place? A. Jacksorville ai # you connest yourself with hor in any way? Q. In what capacity? A. A volunteer to Cuba. Q. With whom did you volunteer to got A. Mel ey pin ‘ Q. ere you joint A. At Jacksonville. Q. Was the Pampero the vessel that was to oar- ry you to a! A. It was the ore | was told. Q Did you learn where the Pam was from, from the siege, ot Jacksonviliet USijected b claimant.) A. learned from the captain the eo war Key Wert. . How many went on board at Jacksonville? A. About seventy-five. Q. Were they all bound to Cuba, as far as you knowl A. Yes. Qw A 9 boxes were marked | How did the name come off! | on board at any place besides Jacksonville? . At what point? A. Three miles below Jack- 9 ‘What quantity? A. Nearly a flat load. Of what did this merchandise consist? vt wi A Q. When did the vossel loave? A. The 2d Sep- tember. ¥ as one of tho perenne, consider yourself as starting for Cuba! A. At that time for Wilmington island or Warsaw rt. FA aad that the termination of your voyage? Q. Where did you expec! ultimately to go? A. ‘Tho destination an the Hoat, as I ‘underatond, was Cuba. Q. What did the boat go to Wilmington Island for! A. To tuke in more volunteers, provisions, and coals. Questions by the Court—Was it the intention, having taken these in, to proceed to Cuba? A. It we after wo had taken thess in we were to start. Q. Where is Thunderbolt ? On the west side of the Sound, three to five miles from Wil- mington Island. Q pid oe bave communication with the shore? A. We di . Q. What is the name of the place? A. Wil- mington a. Q. Did y other men volunteer with Captain 7 es. Calvin. A. Q. How many? A. About twer Q. Did yeu pas any roll? A. I signed one rol Who was the commanding officer of the co- lumn?_ A. I understood Colonel Titus. Q. Were arms distributed to the There were some at Jacksonville. Q. How many? A. One box. Q. How many did the box sontain? A. Fifceen or twenty. Q. What company had these arms? A. Captain Colvin’s. Q. Were these arms used at the time? A. They used the arms to drill. Q. Who drilled the men? A. No one in parti- cular ; some three or four persons. Q. Who distributed the arms! A. No one; the box was open; every one who wanted the arms to drill with Wook his own. Q. Were all the men on board the vessel fur- nisked with arms? A. I know they wero. i‘ (2. What were the arms distributed? A. Mus- ets. Q. Where and when were the arms distributed ? A. | think it was at Nassau Sound, on our return from Nassau inlet. Q. Were they used there in drilling? A Yes Q. When you arrived at Nassau, did you remain on the boat, or go on & ? A. 1 went on shore, and staid e. Q. Did the volunteers generally remain on board, or go onshoret A They encamped on shore. QQ How far was the shore from where the boat was! A. About fifty yarda Q. Were the men, while on shore, et aged in any hid of mancouvring or drilling! “A. See, Q. What were you waiting there for! A. For more volunteers Q. How leng did you remain there? A. Two or three days. Q. Did you get any word about Cuba while you were there? A. Yes. Q. What was it? A. That Gen. Lopez was taken, and bis command. Q_ What effect had that upon the expedition? A. That checked and broke it up. Cross-exemination.— Was any coal or water taken on board at Warsaw while you were lyiag there? A. No. Q. Any provisions? A. Yes. Q. Where did you go, from Warsaw? A. To avcau : Q. Were those arms received at Jacksonville, re- ceived from on shore or from the boat! A. From on shore (. Who distributed them? A. No one; I found the box, and took my arms myself. Question by the Court.—Who told you to take iy-five or thisty. men? A. e& them? A. Some of the volunteers. Col, S. Batington, a citizen of Jacksonville, sworn. under seeond libel. Questions by the District retide in Jacksonville? A. I d Q You were there about the Ist of September, then, and after! A. | was. Q. You were there when the Pampero came in? A. Iwas. Q. On what day dii she arrive? A. Sunday eveuing, the last of August or Ist of September ce ere there not a jarge number of volunteers in Jacksonv for Cubat A. 1 understood they were for Cub (). Were there not a large number of these per- scrg thereat your howwe, whoss board was paid? A. There wa: Q Who p claimant's co Attorney —Do you 10. aa. thot board? (Objected to by ) Q Wasth ard not paid by some porsons other than the.oselves, as Cuban voluntecrst (Od- Jostedto Court admitted the question | b ‘dof these persons? A. here at your house previous ® sailing of the Pampero! A Some forty or To what amonnt war their board paid by por- fons other than themselves? A. I think $95 was the amount (2. Did theze persons take pagsage in the Pam- pero? A. { presume they all went on board; | saw several go on board; they all disappeared frem my bouse at ibe time the Pampero sailed. Q. Were you ever an arbitrator, in this care, between Mr. Segur and ovher claimants? (> jected to by claimant. Allowed by Court.) A. Yes. {Q. Was this arbitration in reference to the Pam- A. It waa. Q Wes the agreement to arbitrate im writing ? It was. Pero, or to this caso whatever? A M. Cooper, a citizen of Jacksonville, mined under Libels Nos. 1 and 2— Questions by District Attorney —Have you, in your possession, & paper submitting to an arbitraion —a question between Mr. Segur and othor claimants, in reference tothe Pampero? A. I bave ( Will yeu produce that paper! (Paper pro- euced and first examined by claimant.) Claim- ant’s counrel objceted to the introduction of ssid paper, as irrelovant. District Attorney proposed submitting to the Court the submission to arbitra- tion eeparate from the accounts accompanying it, or any ae under the arbitration. Paper sub- mitted to the Court. Counsel for claimant again ohjected to the introduction of the paper as o mat- ter involving private concerns aud private fecling, and as occurring after the expedition was broken - Distriet Attorney claimed a right to the use cf the submission as — by Mr. Segar, and’as containing admissions by him, separate from and without reference to the subsequent under the arbitration. The claimant the irrelevancy of the cided that anything go! interest of thi pedition, in which the was crgrged, inent testimony; th mission ton rbitration is, the ror ev for the District Attorney, the parties were talking about, and to show reference to the to proceedings agaio ur, le writing. Court de- object and ‘am| Tab. whetoer the arbitration had ar Fampero. District Attorney claimed the prevent the submission, as going to show th it which Mr. Segur was concerned ia th =. extent Cuban expedition. Court in favorof nis sibility of the submission. Claimant's counsel asked that the whole papers be placed en record b Court, and taken together, including any ¢' dence in favor ell as against Mr. Segur. (Par- ently to ito the papers, paper vein the submission to arblere: sur appear uld only be received ) District Attorney. —Did Mr. Se. one of the arbitrators! A. Yos. Q re any statements made by him as to the object and destination of t declined to answer the Q. When you were called upon to arbitrate,were there there any statements made by Mr a to how the arbitration took place about the arms A. There were. Q. Was there any statement made these arms were for the liberation of Cuba? PER woe. Q. Who made this statement? A. Col. Titus . What was this statement! A. arms were taken from Mr. Titus’ mill. = Q. Lup you to say the arms were carried R the river after the abandonment of the Sk ition? A. I did; Mr. Titus claimed to hold arms until he should be reimburse! money he had ! Q. Were ony oer statements made by either ht upon the objects of the Pam- per A. | cannot say there were! Q. What did Mr. Segur or Mr. Titus say that put on of the Pampero for? were to be carried to Cuba; led, at the request Q. Were oD he was coined? A. I Did not Mr. Segur om , take notice that the eense 1 A. Mg. ‘Segurstated tha - - 5 4 # é 3 3 we her to Dunn’s creek, and there ] meee mated. Mae estion Majer tna, claimant’s counsel. You were on bean the Pam; A. 1 weut on board after the boat stream at Jacksonville, perhaps the second day; was on board twice. tipped, ke.s aa if for'a forsign’ expedition, equipped, &c., as ra ign or woe ¢ in & condition to go on a cruise, or mit hostilities against any people? A. think she wi acondition to have been any possibility, for any such purpose. Q. Ske was not armed and equipped as a cruiser? A. She was not. Q. Was there any cannon on her? A. I think not; I saw no other cannon exeo) board by Lieutenant Merchaat, her surrender. as she in a condition to go to sea? A. She 08) Q. hether, imetead of the word license, in the conversation with Dr. Holland on the boat, Mr. gur not say yeeper ? A. 1 did not hear him use those words. — Question by District Attorney.—You state the vessel was not in acondition to commit hostilities; what do you mean by hostilities? A. I underst + that, a vessel capable of committing overt acts of violence, and making captures at sea. Q. You went on board at Jacksonville; with whom did you converse on board! A. With ‘seve- rel; with engineers; they were repairing the you come down the river in that boat ? A. I came down to Picolata. Q. What motive power did she use? A. Steam; she then used wood; | think | saw the men firing with wood; [ think they took in wood at Picolate; Ido not think she haa ar coal on board. Q. Do you understand what a naval vessel is? Did this vessel have ports? A. (Witness described a@ naval vessel.) { think she had no ports. Q. Was there anythiog to prevent the Pampero from overbauling audrobbing a small vessel a: sea? A. Thero was not; it might depend upon the re- lative speed of the vessels; the Atlantic steamers not unfrequently run down small vessels, and yet Oey are not vessels of war. atrict Rioeney stated he had evidence that the Pampero had overbauled a small vessel at sea. He wished to know whether she was in a condition to do the same thin; m Q. By the Court —When the Pampero” went to Thunderbolt, if she had had sufficient coal on board, would she be ina condition to land a body of men in a foreign country! A. 1 know of no impodi- ment. Court—State whether the steamer did not go at & pretty soee rate by burning wood. A. | think did; {rok her speed was about eight or ten 8 an hour; the offizers on board stated the was not adapted to burn wood; that she con- sumed 80 much wood sho could not carry enough. The evidence on the part of the libellant here closed. No witnesses were presented by claimant. Court adjourned until next day at 10 o’clock. Octonrx 15, 1351, On this day the counsel for claimant presented his answers to the counca and the libels, and to the interr>gatories filed by libellant. The Court then adjourned, and set down the case for a farther hear- ing on the first Monday ia December. Messrs. Charlton and Ward, of Georgia, and Putnam ent Melntesb, ef Florida, will appear as proctors for claimant. There were two lidels, one for violation of the Revenue law of 17938, jons & and 32, and the other for violation ot the Neutrality act ot 1315, tection 3. Thelibel underthe Revenue act charges that the steamship Paimpere left New Orleans with @ coasting license, ard without ag ug her en- rollment and license, preceeded on 8ge to the island of Cuba. To the counts in this libdol, claimant, ia bis an- swer, alleges that the Pampero did not, on tho fourth day of August last past, as alleged is libel, proceed from the port of Now Ocleans intent to make a foreign voyage, bat that her im- wediate desti the port of Jac! and says that he ledge, w e ip did, or ign voyage Further, claima that the Pampero was duly registered at ¢ of New Orleans, and not lio alleged, and that she was a when the leit New Orleans. aly ragisterc {fit be true Pawyero did proce ph ogy to Jacks i ut pats she was stil ou @ foreiga voyage le, which respoa ey, t certain perrons were concerned armies, and furnishing the steamship P: the intent t the service of Cuba, to ard propert ‘The ans simply nega’ charged in thislibel. In answer to the interrogatories, respondent sub mits @ certideate of registry, grauted on the Jd of June, t851. ot, OF otherwise; no part of &; been sold by bim to an: other person, conditionally or otherwise, siace purchase ther = Respondent has not the log book in bis posses. sion, nor any other Papers, except the cortidvate of registry exribited. To the best of his knowl and belief, no addition was made to the crew and equipment of the vessel. I\espondent declines an- swerlng several interrogations, being apprehonsive bie anew nay subject him to some penalty or forfei\ure. States that one Lowis, whose Christian Lame be does not know, was master of ouid ship. Posr Orricr De: . October 2, 1851. 3 Numerous applications baving been made to this Department for the allowance of increased commis- to postmasters, authorized under certain com ditions py the sixth section of “An act to reduce — modify the rates of postage 3 Me Sere and for otber purposes,” ap) March 3d, 1851, end it having been slearly ahewn that, in most cases, the labors of postmasters have been inerea and their comm! reduced by the operation said act:— It is ordered, that whenever the Auditor of the Ti for Post Office Department, shall by affidavit or otherwise, aster bave been in- The Commission of Post ate hey in a of Fae Poceenaties je ba: year ending . not ceed fifty doliars, the same oun of one allowed for that year, with twenty por cont addod thereto, shall be allowed, and credited to the pose master forthe fiscal year ending June 30, 1852. pa Aden th a _ postmaster ¢ fiseal yoar ending ane “" Xoeeded dollars ey did not exceed bj hundred dollars, tho three quarters of the present fiscal yoar have been Domestic Misecliany. ercened ecm © 33 hang on the 19th day of December next. Re rt