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DeVeber by bill of sale dated 4th December, 1872, and registered 3rd February, 1873, sold to Acalus Lockwood Palmer, Barrister, 27 shares and Daniel John McLauch- lin, Junr., merchant, 13 shares, both of St, John, N. B., leaving the ownei-ship as follows : — A. L, Palmer 27 shares, D. J. McLaughlin, Jr., 13 shares, D. W. Clark 16 shares, and George Hutchinson 8 shares. Daniel W. Clark by bill of sale dated 2nd March, 1874, and registered 7th March, 1874, sold 16 shares to Acalus Lockwood Palmer, leaving the ownership as follows : — A. L. Palmer 43 shares, D. J. McLaughlin, Jr., 13 shares, George Hutchinson 8 shares. George Hutchinson by bill of sale under mortgage dated 24th June, 1878, and registered 25th June, 1878, sold 8 shares to Charles Arthur Palmer of St. Jolui, N. B., Barrister, leaving ownership as follows : — A. L. Palmer 43 shares, D. J. McLaughlin, Jr., 13 shares, Charles A. Palmer 8 shares, and these continued to the time of her loss. The vessel cost $26,000 and was built for the Messi-s. Oulton Bros., by Frederick J. Doherty. THE PROTEST OF THE BROTHERS* PRIDE's LOSS. The following is a copy of the protest submitted in evidence by the defence. The protest was made before Joseph C. Hughes, Notary Public, 65 Wall Street, New York, by Capt. Tower, who, with Tracey C. Eoberts Ist mate, Howard C. 1 t 1 1 i " h 6 SHIP SCUTTLfNO TRIAL. , Thomas 2n(l nmto, Geo. H. Hall ate wart, Joseph Anderson, C'lias. Lutze, Jerry Spline, C. Wilhohn Hahaii and John Trisinski seamen, appeared and being duly sworn on the Holy Evangelists of Almighty ( Jod freely and solemnly declared and de{K)8ed as follows : — tliat on the 5th day of May, 187U, set sail and departed in the "Brothers' Pride" from Cardenas with a cargo of Melado for the port of Now York, the said vessel being staunch and strong, cargo well stowed and secured and 'n every respect fit for sea and the voyage she was about to undertake. That on said r)th day of May, at IJ a. m., got underway, made sail aiul proceeded on the voyage with fresh S. K. winds and tine weather. May ()th : Towards dayhght wind increasing from N. E. and a heavy sea getting up causing the vessel to lal>or heavily ; wind continued to increase until noon when it was blowing a heavy northerly gale with a very lieavy cross sea in which the vessel labored and stramed heavily. This heavy weather continued until about 8 p. m., the vessel continually laboring and straining severely. After that time the cale began to abate anc' the sea became more n)oderate. The pumps were regu- larly attended to and the vessel was found to be making a considerable c|uantity of water. During the night, the wind blowing fresh from N. E. to E. N. E., and the shiji laboring and straining heavily and leak increasing rapidly. Crew constantly at the pumps. May 7th, comes in blowing fresh with heavy sea and ship laboring heavily. Leak rapidly gaining on the pumps. Shortly after midniglit sounded pumps and found 5^ feet of water in the hold, and in about an hour afterwards sounded 6^ feet. Notwithstanding all efforts made by the crew the leak rapidly increased at the rate of about one toot per hour, and until about 5 a. m., when the ship had about 12 feet of water in the hold. During the night the crank of the port pump was b» >kon, and from that time until morning the starboard pump was continually worked but without succeeding in reducing the water in the ship. Considering that there was no more hope left of saving the vessel it was determined to abandon her, and accordingly .ill hands took both boats and made for tho coast of Florida, then about 50 miles distant. After we had got about 2 miles ofT from the ship we saw her settle down on her side and then go down head-first and disappear. On the following day, at about 3 p. m., the crew landed on beach about 35 miles from Cape Canaveral, from whence they proceeded to Tituaville and Jacksonville, and thence by steamer to New York where they arrived on the r.ftemoon of tlie 20th inst. This protest is extended from memory, the ship's log book having been lost by the capsizing of the mate's boat in the breakers on the beach. The protest was signed in the usual manner by the Captain, Officers and Ciew. , . THE NAVAL COURT PROCEEDINGS. The following is the the Naval Court inquiry concerning the loss of the " Brothera' Pride," the proceedings having been submitted in evidence by the defence during the testimony of Mr Joseph Hughes : — REPORT OP THE PROCEEDINGS OF A NAVAL COURT HELD AT HER BRITANNIC majesty's CONSULATE GENERAL, NEW YORK, ON FRIDAY, THE 23rD DAY " OF MAY, 1879. Present: E. M. Archibald, Esq., C. B., Her Britannic Majesty's Consul General, New York, President. John Hadderwick, Master of S. S. Anchoria, of Glasgow, O. N., 70476. C. C. 14833. Archibald Young, Master of the ship Simla, of Liverpool, O. N., 70878. C. C. 3497. The Court was held for the purpose of investigating the circumstances connected with the abandonment at sea, on the 7th May, 1879, of the barque Brothers' Pride, while on a voyage from Cardenas, Cuba, to New York, with a caigo of Melado. ■ft- 8HI1' SCUTTLING TRIAL. Lutzc, Jerry [I being duly iiiy declared set sail and elivdo for tho 1 stowed and ;o undertake, nd proceeded y sea getting iil noon when in wliich the until about 8 that time the ;i8 were regu- le (luantity of J. E., and the ew constantly )ring heavily. (1 pumps and iS sounded GJ y increased at ' the ship had the port pump as continually Considering led to abandon iHt of Florida, m the ship we isappear. On 35 miles from iksonville, and on of the 20th iving been lost rs and Ciew. he loss of the in evidence EH BRITANNIC HE 23bd day nsul General, ). N., 70476. 0. N., 70878. circumstances , 1879, of the Cuba, to New In the matter of the invest' fjation into the facts concei'^niufj the loss of the barque Brothers^ Pride. May 23, 1879. William H. Tower having been fii"8t duly sworn, tostitied as follows : 1 am the ma.ster of the British barque Brothera' Pride. I became master of her in November, 1877, at Shediac, New lU-uuswick. T hold an English certificate of competency a« Master No. 94897. I have not my certificate hero. I continued master of that vessel from that time; u[) to the time she was lost. The Brothers' Pride was a wooden bark of 442 and some hundredths tons. She was built in 18G6. (Witness pro- duced register of bark Brother's Pride.) She sailed on tlie voyage before the last one from Cardiff to Cienfuegos, Cuba, with a cargo of coal. After she discharged lior cargo she came round to Cardenas in ballast, and there loaded with melado. I have nothing Avith me shewing amount or weight of the cargo. I had nothing but the Charter Party and the bills of lading to shew that, and I suppose they are down at the agent's. As near as t can recollect, we had 863 hogsheads of melado. I do not recollect the weight of the cargo. The draft of the vessel when loaded was about 14 feet. That was entered on the log book. We had a Plimsoll mark on the vessel. V/hen she was loaded she was not down to her Plimsoli mark by 6 inches', I should think. I should think her Plimsoll mark was fully 6 inches clear of the watei' when she was loaded and ready to sail. We were about three weeks loading at Cardenas. We shipped our crew at Cardiff". We had ten hands, all told, myself included. On the voyage from Cardiff to Cienfuegos we had a cargo of 517 tons of coal, I think. We discharged that at Cienfuegos. Before pi'oceeding to Cardenas we took in a small quantity of balhist to trim her. At Cardenas we took out some oi the ballast as we had cargo enough to trim her. 8he could carry 500 tons of cargo conveniently. We sailed from Cardenas on the morn- ing of tlie 5th of May, lx)und for New York. At the time we sailed tlie vessel was in good cojidition as far as I knew ; she was tight ; we made no water of any consequence while in poit. I don't think she was pumped more than once or twice while we were in port, and then there was no water in her. We had two iron pumps. They were worked with a crank and fly wheel ; there were two wheels. She was w^ell found and in good condition as regards her rigging, spars, &c. When we Sailed the weather was fine, at least, it was moderate — the same Aveather that we usually have there right along. I have not the log book with me ; it is lost. The mate had the log book in his boat, and when we were landing, his boat was capsized, and the log book was lost. At the time we landed the mate was in one boat and I was in the othei-. We liad no official log book. I had the register and the articles in my pocket. We sailed on the morning of the 5th at about 5 or 6 o'clock. The wind at that time was about south-east, as near as I can tell. On the 6th we had strong winds — a gale of wind, from I should think about east north- cast, or north-east. The sea was heavy — a nasty cross, sharp sea ; it blew hard all the day from the north-east. The vessel commenced making water that day — on the 6th ; that was the second day out. In that breeze of wind slie commenced to leak pretty badly ; that wjus the time she sprung a leak. Towards night the weather moderated a little. On the -^ SHIP 8CUTTLIN0 TRIAL. 6tli tho pumpH weio going all day ; nil harula were at the pumps during the wholo day, but the leak incroaHed on uh. We kept tho men at the ]»uiupH all day until tho i)ort i)Uinp gave out ; the crank gave way — broke short oil". On the nu)rning of tho 7th wo left the vessel. On the 6th wo were sounding tho pumps all along, but I could not give the depth of water every time we Hounded. On the night of the Gth I know we Hounded the puiapH and found 5 feet and a half of water in her. This was at about midnight. I was not present every time when the pumps were sounded, but they gave me tlie report. All haruls were at those we cotdd, but it is awkward getting back against the stream. Q. If yovi hadn't made Cardenas coiddn't you hav^e made Havana? A. I suppose I might. Q. What other port is between Cardenas and Havana? A. Matanzas. That is about 40 miles or a little more to the eastward of Havana. Q. Taking into consideration the state of wind and weather at the time when you fovmd that leak on the Gth, couldn't you have gone back to Matanzas or Cai'denas? A. I sup})ose I covdd, but I thought of getting along on tho shore further. At Matanzas thei-e is nothing there if I had put back, — no docks or anything of that kind, — nothing more than an open roadstead. We left the vessel in our own boats, the long boat and the jolly boat or yawl boat. I went in one boat and the mate went in the other. Five hands went in each boat, and no land was in sight at the time. We judged ourselves to be about 50 miles off cape Canaveral. I had a small comijass with me in the boat. There was a good breeze bloAving and considerable of a sea. The mate was to follow me. We kept company all the way ashore. We had a little provision with us, — some hard bread and water, that is about all. I had a chronometer with me. The mate took the log book in his boat. The names of the men '\\\ our boat SHIP SCUTTLING TIIIAL. iniiiH (luring men at the way — broke On the 6th blio depth of I know we Jior. TliiH I tlio punipH were at tht! it pump any longer. On Tl.e sea wuh ft tlio vessel le there was imcUng that liad the one it works the I pipe stem, up anything way of iron. lie vessel we Jardenas wi; exactly. I course from orth — some- 75 miles, on left, with C'ardenasl against the Havana? ;he eastward .ther at the e gone back n tho shore back, — no 11 roadstead. jolly boat or )ther. Five time. We had a small ilowing and pt company -some hard ;h me. The in our boat were Howard Tliomas, the boatswain, George Hall, tho steward, Jerry Snlino and Carl Lutz. These hands went with mo and the rest went with til*' mate in his boat. We did nothing toward saving any «f the spars or rigging of tlu) vessel. When wc left the vessel the lower toiy- sails and the jib and spanker were set; I think that was the sail on her. Wo la.st soiinded just before we '.e***^ her. \.t that time there was 12 feet of wat(M" in hcv hh n(Mir as I can tell. Q. To what do you attribute this leak in apparently moderate weather, and no str(mg breeze, so soon after leaving port] A. Wo had a strong breeze, and tho vessel was laboring consideiably. We lost no sjciiM or sails. I do not know what to attribute the h^ak to. She sprang a leak somewhei-e nnder water. We couldn't g- i down below to i'liid tlu! leak as she was full of cargo. This leak, whatever it wjus, by which the water got into the ship, must have been under her water line; it did not come into her top sides. Q. On your voyage out from Cardenas to Cienfuegos, did the ship leakl A. Not a very great deal ; some. Q. Is not a coal cargo rather a straining cargo in heavy sea way? A. No sir; I do not think it is a vei-y heavy cargo. 1 do not think it is much heavier than melado. Q. She did not leak more than an ordinary ship would leak on tho way out? A. No sir; we pumped her each watch as nsual. On the voyage out we left Cardenas on the Hth day of January last, and we were sixty days on the voyage. We had some rough weather after leaving Cardifi"; the latter part of the passage was fine. The vessel was caulked in Cardiff. I did not find anything that ^vanted to be done to the vessel at Cuba. After wo abandoned the vessel we landed on tho Florida Jieacli about 30 miles to the north of cape Canaveral. We landed on ths day af we left the vessel at about 3 o'clock in the afternoon. The. next place we got to was Titusville. That is to the westward of where we landed. Q. [Showing witness paper.] This purports to be a copy of the pro- test made by you? A. Yes sir; I noted my protest first in Titmville, before Mr. Titus, a Notary Public, and I extended it here in New York. This pi-otest was prejiared from memory and not from the log book. From Titusville we went to Jacksonville, and from Jacksonville we came here in the steamer City ot Dallas All hands came. We arrived here about 4 o'clock on Tuesday. I reported at this office on Thursday morning. Q. Why didn't you report here on Wednesday? A . I was going about getting the protest and fixing things up. Q. Didn't you know it was your duty to come with your register to this office first and report here? A. Yes sir. Q. Where were the hands all that while? A. At the Sailor's home — I dont know which Home. I extended my protest on Wednesday, and the hands and officers who signed it, signed it on Wednesday. A. L. Palmer is the owner of the Brothers' Pride, now, though he is not the register. He resides in St. John, New Bruns- wick. I am not interested in the vessel in any way. I was merely on 10 SHIP SCUTTLING TRI>L. wages as master. I Lave no interest in cargo or freight. I saw by the Maritime Register tliat the vessel and cargo were insured. I do not Jfrn know myself, of my own knowledge, that they were insured. I can tell ,4 nothing about the insurance or where she was insured. I do not know tic who furnished the information that is iii. the Maritime Register. I have uhi seen no reporter ujjon the subject. I telegrai)hed the owner of the loss from T*ulaski, Florida. Q. Considei-ing the weather that you have described as having on the 6th, could you not with the exercise of a little more exertion and skill have gotten that vessel int^^ port? ijhc A. There was no port that we could get to. ! ^i Q. There was a port on your lee— Mata^izas. < A. It was a good way off; it was, I should think as far fiom us at that time as. Havana would be, or any of these ports. We were coming up the Gulf Stream. Q. Did you see any of the Bahama Islands as you passed along? A. I saw the light on the Salt Cay Bank. That was on the stiirboard side. I was to the leeward of the light. On leaving Cardenas we dragged oci the mud a little, as vessels always do on leaving that ])ort, but it did us no damage. She leaked very little on the 5th. I did not hear anything about any leak the first day. When we had the strong breeze we had our light sails in. I believe the top-gallant sails Avere furled. We were close by the wird then. During that gale the ship rolled and plunged some. Q. Do yoii not think that by keeping the vessel off befoi-e the wind slie might have been easie- and not have made so much water? A. We could not keep her on the wind long because we >vould have got ashore. Q. Sixicc you have ari'ived here in port have you paid off the crew? ■ A. N o sir ; ihey are not paid off. ■),.,, ,- Q. Have you given theui money? .. .r- . A. Yes sirj they had to ha-"e something to live on. ■ ' Q. They are on the subsistence list of the Consulate; they a'*e pro- ''ided for by the Consulate? .- . ■ . -^t - A. Yes sir. :-£t'- ■ i -^ ■"' ■■ .>'■ -'■ ■■" Q. What did. you give them money for? .?- . 4 i ■ : •:. .' A. They wanted some money. I did not give the crew much. T gave the officers some. Q. You were tcld by the Vice Consul to give them no r.xoney until the investigation y/as over? A. I dont remember of his telling me not to give them any money. They have not been paid off as yet with the ^.xception of one who was paid here yesterday, who was going away. The mate, boatswain and steward have slept at the Eastern Hotel some of the time, and some of tiie time aboard of a vessel with some people they are acquainted with. They told this gentleman here yesterday that they would not go to the Home. I thought it was just as easy to get up the shore, up to Bnins- wick or some of those places, or easier than it was to go back against the strong current. I do not know how far I was from Brunswick al the time we abandoned her. SHIP SCUTTLING TRIAL. 11 I saw by the i-ed. I do not ■ e'l. I can tell I do not know '■yzster. I have >nev of the loss i having on tho rtiou and skill far fiom us at e were coming 3d along? I tlie starboard Cardenas we dng that port, th. I did not lad tlie strong ant sails weie gaie the ship (fore the wind ,ter? 'e >vould have f the crew? they a'e pro- iiich. T gave v.ioney until any money, one who was jatswain and and some of Liainted with, lot go to the ap to Bi-uns- c against the swick at the Q. Wasn't the starboai-d pump sufMcient to keep the vessel free of Wiite}-, so as to bring hor up to Fernandina or Bi unswick 1 ( A. No ; the stsxboard pump would not keep her free or else we would »ot have left her. It +ook us perhaps fifteen or twenty minutes to fix ^«his pump. Of coui-se the water vas gaining on us pretty rapidly then ; we I'igged it just as quick as we conld. The men were frightened a little ; Hiey wanted to leave the vessel long before I did ; they came to me and tokl me so ; they came after they had been i>um]nng awhile. I don't luiow what time in the night it was. They said they had pumped until ^ey could not pump any longer, and they did not know how soon ie vessel was going down. I have been in this vessel about eighteen lonths ; I have marie two or three voyages in her, Mr, Palmer put me this vessel himself. After the port pump v/as broken we sounded her lat night and she gained nearly a foot an hour. I su])pose the leak lust have been a butt or something like that. She didn't touch the round to do her any huit coming out of Carrienas. Wlien we came out Cardenas there was just a moderate breeze. The vessel was coppered IP to light water. I did not take particular notice whether it was a new- old break in the pump crank ; I don't know what caused it, Q. Could you have got to port if you had had both pumps woi-king ? A. 1 don't know ; I suppose we would have got further along if v/^e iad had two pumps, I joined the ship at Shediac, from thence I went across to Bolon Dock up in the C'yde, from there I went to Cprdenas, from there to Philadelphia, from Philadelphia to Yalencir., from Valencia to Batliurst, from Bathurst to Bristol, and from Bristol to Cienfuegos, Slid then started for New York, Q, You say there was some place where you caulked her, Did you do that by order, or from your own judgment i! A. I had no order. I didn't take the copper off to caxdk her. Her ioj) had been leaking a little, but the bottom was all right. I examined til the butts that I could see, but I didn't take off any of the copper to s amine underneath. There were no signs of starting or breaking of butts at that time. I don't know what time in tiie night we put the lk)fits over the side ; it was late in the night. It was when they came and said they could not possibly keep the vessel free, and the crew were fei and out of the boats, back and forth dui'ing the night. After they had got the boats out we did some pumping. I saw the vessel go down. /J sup}>ose we were two or three miles away from her then. I can say positively that I saw the ve.ssel sink. I am certain of that, I think that pump was broken along in the dog watch about six o'clock on Tues- day evening, Tracy C, Roberts having been first duly sworn, testified as follows : ' J am the mate of the Brothei-s' Pride ; I shipi>ed on her in Caitliff ; I iiave a certificate of competency as master. I went out on this ship with a cargo of coal ; her draft at that time I don't exactly remember. We left Car- diff in January I think ; w^ had pretty fine weather out; the ship .vas staunch jind tight. We discharged her cargo at Cienfuegos, and then went to Cardenas to load, and took on board a cargo of melado, I kept ji (-count of the cargo when we loaded; we had somewhere about eight lundred casks, I can't say exact. When the ship was loaded and r-^ady 12 SHIP SCUTTLING TRIAL. M Ill for sea her di'aft was somewliere about 3 ft. 10 in. She was not very deeply laden. I chink slie was loaded iq) to the Plimsoll mark, though I ain not certain. The log book was lost in cominij ashoi'e on the beach. I had it in the small boat with me and my boat was upset and everything Avas washed away. The log book was in my triink and my trunk was lost. We sailed from Cardenas on the iith of May at about six o'clock in tlic morning ; the shij) at that time v.- as in good condition and well ibund. After we left we had a modercite breeze the first day, and Tuesday morn- ing it commenced to breeze up from the northeast. On Tuesday moi'niug we first noticed that she commeuced to leak more ; there was considerable of a sea, and the wind Avas freshening, and we took in the top-galliint and light sail:;. We kept all hands at the pumps all that day. Tluit night the crank of one of the pumps broke — the port pump — then we iiad only one. We had no means of mending it. On Tuesday night the leak gained on us, and she kept gaining on us all the time. We kept sound- ing all along. At first she commenced gaining two inches an hour, and then increasing along. All hands were kept at the pumps all night. 1 think the pump broke Tuesday morning. There were Wilson's iron pumi)s. On Wednesday morning we sounded and there was about ten feet of water in her, that was at about two o'clock ; when we sounded at six o'clock, just before we left her, she had about twelve feet of water in her. I could hear the Avater in the hold pretty well up. We first re- solved to leave the ship aftei- we found there was that much water in hei . I think the second mate did the soiniding. At the time Ave left tlio A'essel no land was in sight. The master took charge of one of the boats, in which we left the vessel, axid I took chaige ':^f the other. It took us half an hour or so to get the boats out. Half of the crew went in each boat. I followed after the master's boat ; he had a small sail, but Ave had none ; sometimes we pulled and sometimes Ave Avere toAved by the Cap- tain's boat. My boat Avas not connected Avith the other by a tow rope, all the Avhile. The Aveather Avas not very fine ; that night it came on pretty rough — the Aveather looked very threatening — and we shipped scA'eral seps. We landed the next dav at about four o'clock in the after- noon on the beach. There Avas a heavy gale that night. I took a small trunk with me Avhen I left the vessel. I don't think the Captain had a trunk. He had a chronometer with him. The vessel was under small sail Avhen we left her. Q. Could you not, by Avorking at the pumps vigorously, have kept her afloat until you coidd have got to Brunswick, or Sa^^annah or Jacksonville ! A. I don't think we could. Q. Why not I A. I don't think she Avould have held up with that much water in her. At the time Ave abandoned her, Jacksonville would be about one hundred and sixty miles oft', Brunswick about one hundred and eighty miles, and .Savaimah about two hundred miles. I did not take the lati- tude or longitude before we left her ; I think it was in about 28^. TIh' Avind at that time Avas noi-th-east. We left the vessel at aboixt six o'clock on the 7th and av,3 landed on the beach about three o'clock the next afternoon. Q. With the shij) as she was, in the place where you abandoned Jier, could you not have got to Jacksonville in the same time 1 les SHIP SCUTTLING TRIAL. 13 not very deeply ;, tliougli I aw the beach. ] everything was irunk was lost. : o'clock in the nd well >found. Tuesday morn- icsday morniug as considerable top-galhmt anil y. Tluit night 3n we iiad only night the leak N'e kept sound- : IS an hour, and w all night. I Wilson's iron Avas about ten we sounded at feet of water in ». We first re- jh water in hei'. |ti6 we left the e of the boats, It took us went in each ail, but we had d by the Cap- by a tow rope, ^ht it came on 1(1 we shipped k in the after- I took a small ( 'aptain had a IS under small have kept her • Jacksonville ! |i water in her. je about one 3d and eighty take the lati- kit 28i. Th<- six o'clock on ext afternoori. andoned her, The cargo cargo was er A. No sir ; I don't think W3 could ; not in the condition she was in ; we'-e one hundred and sixty miles from there, and with that water in hr. the ship might become unmanageable. Tliat is my opinion of it. I no idea what caused the shij) to make so uiucli water. She did not »tril«' on the ground anywhere. We were not carrying on hard. I did S>t teel her touch anything— any log or anything of that kind. On the ^h we furled the top-gallant sails, and light sails. On the Gth we were )t afraid of the leak at first. It is a usual thing for vessels to make Iter when they first come out of port in hot climates, l)ut we thought, course, we coidd keep it under. The vessel had low timber ports ly between decks ones. The men lived in the deck house, stowed right forward pretty well to the bow poi-ts. The 3d right up to the stem, in the between-decks. The port lashings jre all r/ood and secui-e ; the poi-t was lashed in and liadn't been started a long while. I think our average speed from the time we left Car- las until we abandoned the ship was somewhere about six or seven lots. [Q. At even a smaller speed than that and with the wind as it was, lat time would it take for your vessel to have reached Jacksonville or iinswick — about four and twenty houre' nin ? I A. That quantity of water would have made a great difference in her ; woxdd not be liable to work as well, or go as fast. [Q. Was there anything to prevent your carrying mo)'e sail on her 1 I A. No, sir ; we didn't carry much sail so as to ease the leak. |Q. You are a navigator and understood where you were 1 lA. Yes, sir. [Q. Seeing there was a jwssibility of getting into port witliin the twenty- ir houi-s' sail, or even more, under all the circumstances, don't you think you could have gotten the ship into port '{ A. Under tlie circumstances, in my opinion, we could not- I was hunting for the leak biit I coidd hear nothing I wasn't down below dbvu in the lazaretto. Q. Do you suppose, if you had had both piimps working, you could hftve got to Jacksonville, or Brunswick, oi Savannah 1 A. I don't think we could, for the men we)e getting worn out. We got here in New York on Tuesday night, I think. I joined in making the protest on Wednesday. I came here to the Consul's oflice on Thurs- day. After we left the vessel we kept her in sight until we were between two and three miles fi*om her ; we then lost sight of her. I suppose she cweened over -and went down. She vanished from sight. She was A^^ell down when ve left her. My impression is that she went down; she went down and we couldn't see anything of her. H owARD C Thomas being fii-st duly sworn, testified as follows : I joint (l the Brothei-s' Pride in Cardiff. I was second mate and boatswain. The ship sailed from Cardenas on the 5th of May ; she was loaded about fouiteen feet aft, and thii'teen ♦eet nine or ten forward ; she was not . Ujftded up to the Plimsoll mark — within about six inches of the Plimsoll mark. She was in good condition — tight and staunch. On the 5th we bad middling weather ; the breeze got u]) that night quite fresh, and on Tuesday raoming it blowed quite heavy from the north-east. We were 14 SHIP SCUTTLING TRIAL. ill! on the starboard tack. We made, with the aid of the stream, about six' knots. On Tuesday we took the top-galhint sails off' her ; all the otlic; sails were set before that, but the light stay sail. I first noticed the slii| beginning to make more water than usual on Tuesday — I don't recollwtl what time exactly. She didn't make any water on IMonday to ;;j)eak of! Monday night she began to make more water. On Tuesday about nooiif we sounded the pumps ; we kept her pretty free right along until thenj although there was a lieavy sea running. She then, after that, began to make more water. On Tuesday night she was making about three inclie- on us. The men got tired piimping and went aft and told the Captaii they wanted to get tl.e boat out — that was somewhere about twelve o'clocli at night; there was about six feet of water in her then. We left the vessc at about five or six o'clock on Wednesday morning ; I left her in tli. Ca])tain's boat. I didn't take anything with me except the chither I hni on and my best clothes, which I have on now. The Ca])tain did not tak. his trimk with him ; he took a chronometer and a com}»ass, and his o\ ci coat. The rest of the crew didn't take anything but what they woii After we left the vessel we rowed and sailed and rowed and sailcil Only the big boat had a sail. That night it blew very fresh and thun dered and lightened ; I thought it was all up with us. We landed ,' about three or four o'clock in the afternoon, and then we went to Titn- ville. I had never been in that part of the world before. Wo steerc^ west in going for the land ; I judge .we had to go about foi"!/ or lift} miles. We went very slowly and we wej^e pretty well tired out. ' coiddn't tell what was the cause of the ship leaking ; we had a heavy sc and quite & gale of wind on Tuesday. The only sails we furled were tli top-gallant sails and the light sails. At the time we abandoned her w were going about six knots. At the time we left thei'e were about twelu feet of water in her, — I am certain of that. She made a great deal n water during the night, and we broke one of the pumps along dog watcli We pumped steadily. The mate. Captain and I sounded the pumii> We had no carpenter in th(; ship. I sav/ the Captain sound her, and i saw the first mate sound her. I was i)umping myself most of the tiim We had a sounding pipe, and after we broke the pump Ave drawed tin box to make sure there was that much water in her. We had no reef i the sails from the time we left poi-t luitil we left the ship ; we coul carry whole top-sails all the time ; the weather wasn't very fine thougli. Q. Was there any talk on board about making for the nearest port, t ' doing anything of that kind ] A. No, sir. Q. Just to keep her afloat that was all you were trying to do ? A. Yes, sir, and we were trying to get her up to the noithward. A about twelve o'clock that nigl>t we found there wasn't much use of tryiii: to put her into any port. It was clear after we left her until about tei o'clock and then it came on foggy. We wex'e about three miles off wliei we lost sight of her. It was then clear. She went down before we went out of sight of her; we saw her sink. I saw her sink. She chucked herself. I suppose she sank. Q. Do you mean to say that y«i actually saw her go over, as if sin was sinking. SHIP SCUTTLING TRIAL. 15 ;ream, about si.\ ,, r ; all the other ''I Qoticetl the shi| I don't recollect ,l1 cliiy to ;;j)eak of, day about nooi. long until tlioii V that, began tu out three inclic old the Captaii: it twelve o'clocli /"e left the vessel r left her in the he cliither I ha(i ^ iin did not taktS ss, and his over! ivhat they wove .ved and sailed fresh and tluiii We landed ;it :M e went to Titus •e. W'.) steereiil Ut foil/ 01' tiftv II tired out. ! had a heavy set furled weie tlit indoned her w^ ,'| ire about twe]\' a great deal o: long dog watcli ed the punij)< und her, and : xst of the tiiiir we drawed tli' had no reef i; lup we couL ■y fine thougli. uearest port, c to do? oithward. ^\ 1 use of tryiu: xntil about tei miles off wlui jefore we w(>i^ She chuckti over, as if sin A. Yes, sir, I sav,' her go out of sight. We had been away from her ^heu about an hour and a half, or somewhere along there. The vessel raw pretty near full of water. There was a little hatch forward where rou could see down through the barrels and yon could hear the water bolliufx irto hei*. I went and sounded her and theie were eleven and a lalf feet of water in her. When we got into the boat the deck was leaily on a level with the water. We got into the boat about amidships, md the deck was about a foot and a half or two feet aboA'e the water, cannot say that she went down but I saw her go orit of sight ; I saw ler keel over.. George Hall having been first duly swoni, testified as follows ; I ms cook and steward on the Brothers' Pride. I joined her at Cardift". I'emember the time we sailed from Cardenas and the abandonment of le ship. On Monday the weather was pretty bad — blowing pretty hard. )n Tuesday blowing i)retty hard. I had nothing to do with the naviga- lon of the shij). I took my turn with the men at the pumps after they )t kind of i)layed out, until I got tired out myself, and them I went to he galley and made some coffee for them. I came away in the Captain's lat. I brought nothing but a spare suit wrai)pe(l u}) in a handkerchief; at is the only thing I saved. Since I got to New York the Captain ve me five dollars to buy a hat and some clothes and shirt. I knew lothing about the de]»th of water iji the vessel. After we got away half ^ mile the ship went right down. I am certain of that. We had been iWay from her about fifteen minutes. She had her sails all set and she ent right down. I kept my coal and wood in the top-gallant forecastle ; ere was no place below thai; that I know of. I think she had an after :ak or lazarette, under the cabin ; I never was down there. I never ,w the Captain or Mate down there. It was rougli weather all the time an the time we left port. I heard no talk as to what was the cause of ' leak. The men talked about leaving the ship ; they said they were pLiyed out and they couldn't gain on the water. The vessel carried no pfissengei-s. •fERRY Spline having been first duly sworn, testified as follows : I W;;s an A. B. on board this vesr,el. On Tuesday after leaving Cardenas we had a i)retty strong wind ; the tojj-gallant sails and some small Bails were taken in. The first I noticed her leaking was Monday night. pu Tuesday the water was gaining rapidly. We broke one pumj) Tues- day about dinner time, and then we pumjted with one pump as long as •we could. On Tuesday night we i)umped uj) to somewhere near midnight ; W(> then went aft and told the Captain we were played out pumping, and he'd better make ready the boats ; he did so and we left the ship. I don't know exactly what time it was. We were about three miles away from the ship when she went down. She went away. < i>. Do you undertake to say that you saw her sink ? v. No, sir ; we lost sight of her. <}. Wasn't that owing to the mist or fog 1 A. I couldn't say what it was owing to ; it was fogg^ weati.'^r at that jtiiiio, — that day and that night I vas in the Captain's boat. I am at the Sjiilors' Home. I coxddn't say what time Tuesday night we knocked off pumping. ' After we got the boats ready, we pumjied after that. We 16 SHIP SCUTTLINU TRIAL. got the boats over the side in the night time, and then we went to pumii m !i \m ing agiun, William Hahn having heen first duly sworn, testified as follows : 1 was iu tlu; starboard watch. On Wednesday morning wo left the sliiii. We left otf pumping iu the night ; 1 can't lell just the time. We kept pumping all the time. One pump was broken Tuesday morning, in tlit Captain's watch ; we had only one pump to Avork with all day Tuesday. and we pumped so heavy we couldn't })ump any more, and we went aii and a, ked the Captain to make ready the boais. W'o left the ship in the morning. After we left the ship we only saw her a little wliile and she goes away. I didn't notice how long the ship reaiained in sight aftei we left her. After we were away I saw her nc more. Q. Was that owing to the fog ? A. It was good weather — it was clear ; but we were in these small boats and the sea was high, and we didn't want to stay aroxuid mucL when the vessel was going down. Joseph Anderson having been first duly sworn, testified as follows I was an A. B. on board the Brothers' Pride. I joined her iu Cardifi We left Cuba on Monday the Hh of May. The first day was fine, \v( had a good stiff breeze. On the next day, Tuesday, it was a tine day- there was no storm. On Tuesday we commenced making water am' were pumping all day, and the axle of the pump broke Tuesday aboui dinner time, and we only had one pump left. I repaired the pump, bin we couldn't use the other })ump at all. Tuesday evening at six o'clock they sounded the pump and there was twenty-two inches of water, ►>( we pumped until eight o'clock on Tuesday night, but the water was increasing in the hold ; so theii I went to the Captain and said, " wliai are you going to do j'jierhaps the ship will all at once break to pieces, and what were we going to dol" We were excited, and hungry ant fiightened, and we thought the vessel was going down, end the Captaii said then to me to put the boats out. After eight o'clock we put tlit boats out. We left the ship the next day. The boats were all riglr alongside the ship. We pumped as long that night as we could but i was no use. We got in the bdats about six o'clock in the morning. ' was in the mate's boat. We then pulled away from the ship. It seem to me as if the ship sank, but I could not tell. She was full of w;iti when we left her. About ten o'clock we lost sight of her. She mu> have gone down, because we couldn't see lier at all after dinner. ^V had dinner in the boat. We stopped pumi)ing at eight o'clock, and didii pump any more until we left the shi^.. The pump was broken in tli morning about ten o'clock. Q. You didn't pump during the night at alU A. No one pumped after eight o'clock. We were in and ont of ti boats all night. The reason we didn't save our clothes was that nob^ would go below for fear the ship might sink. The break in the axl( the pump was a solid fresh break ; it was no flaw. It broke while t pump was in use. Aiico Acosta, who is present, states that he is the consignee of i. cargo ; that there were eight hundred and sixty-three hogsheads melado in the cargo j that their average weight was about on'e thousa: ■;li.:; went to pumii I us follows : 1 left the ship. [me. We kept inovning, in the \\ ilay Tuesday, lid we went aft left the ship in little while and ed in sight after J in these small iv aroixnd mucli s 1 Dified as follows: 1 her in Cavdifi'. lay was line, wc A'as a tine day— iking water am :e Tuesday aboi }d the pump, hw ing at six o'cloch les of water. S( it the water av;i and said, "wlur break to piect^ and hungry an end the Captaii clock we put til. its v/ere all rigli we could but i the mornuig. e ship. It seeui was full of watt • her. She m\h fter dinner. "V\ /clock, and didi as broken in tl lin and out of t! was that nob" 3ak in the axl« broke while • consignee of t' ree hogsheads )out on'e tliousi; '4'fp'r K^m:y '■^n,u »i :!l i I '%K . - K f« SHIP SCUTTLING TIUAL, IT s> hundred jjound.s ; and tlmt tlir cjirgo was shipped hy Waiihiiigtou & . uf ( 'ardeims, and consigned to him. The finding of the Court read as follows: — From the testimony of the master mid crew, almost all of whom have been ex- iuiiined Ijefure us wo Had that tlie Hrothers' Pride was a woodon br.rk, nearly thir- teen years of the burthen of four hundred and forty-two tons. She sailed from Cardenas on Monday a. m., tlie ath of May, 1871>, bound for New York with a cargo of melado, in casks, weighing in all between five and six hundred tons. .She is stated to have been well found, tight and in good condition and was not over- loaded. On the first day wHii the wind from the north-east and moderate weather hlie made fair progress and did not leak more than usual. On the following day there was a strong breeze from north-east and east north-east which increased in force towards midday with a heavy cross sea, in which the ship is stated to have labored and strained nuich. Slie carric 18 SHIP SCUTTLING TRIAL. and ap]»ear8 to have abandoned at qnito too early a period the hope of aavinff his ship. U[><)n an examination of the chart it apijcars to ns, if at eight p. ni. on 1 ues- day, the sliip had been lieaded for the shore, and skillful and elliciont etl'orts made to keoj* the leak under instead of allowing her to stand on her course gradually fillini^ with water for nearly ten hours (from eigiit j). m. on Tuesday until six a. m. on Wednesday) nhe might possibly have reached uninswick or Jacksonville, or at the worst hIio might have been beached where a considerable amount of property would have been saved. On the whole we consider that the cond\ict of the master, Wm. H. Tower, in connexion with tlie circumstances which resulted in th j loss of the ship was and is deserving of severe censure, and wc adjudge that he be reprimanded accordingly. (Signed.) E. M. ARCHiBAt-D, H. B. M. Consul (Jeneral, President. John' Haddehwick, Master S. S. Anchoria, of (Uasgow. Ar.ciniJALD YouNO, ^Master Ship Simla, of Liverpool, England. The foregoing judgment having been I'cad in open court, and in presence of the master, Wm. H. Tower, he was publicly reprimandetl in accordance with it. (Signed.) E. M. Archibald, H. B. M. Consul CTeneral,*l'resident. Tlio finding being against Captain Tower, the United States Lloyds, tlie iindcnvriters on the cargo of the Brothei-s* Pride lost witli tlio vessel, institnted additional inquiries into the loss of the vessel, through their legal adviser, Mr. Treadwell Cleveland. A summary of these inquiries will be found iu IMr. Clevel«"\d's evidence given at the trial. Having satisfac- tory giounds for believing that a fraud had been perpetrated on the imderwriters of the vessel, cai'go and freight, Mr. Cleveland, "with the authority of the underwriters, immediately took steps to bring the case before the proper authorities. Before connnencing proceedings he obtained the opinion of James Maclennan, Counsellor at Law, Ontario, with regai'd to how the action would lie. It is as below : — 1. The above ship was a British ship, registered in the port of St. John, in the Province of New Brunswick, Canada. 2. It is alleged that by orders of the Captain, William H. Tower of St. John, then on board, the vessel was scuttled at sea, on the voyage from Cardenas to New York, for the purpose of casting her away, in order to defraud the Insurance Com- panies who liad large risks on the hull, cargo and freight. 3. The Captain is now residing at St. John and it is desired to proceed against him criminally. I am desired to advise generally on the subject. 4. The offence is created by the Imperial Act 24 and 25 Vic,, c. 97, sees, 42, 43 and 40, which are as follows : — Sec. 42. " Whoever shall unlawfully and maliciously set fire to, cast away, or in any wise destroy any ship or vessel, whether the same be complete or in an unfinished state, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any term not less than three years, ur to be imprisonea for any term not exceeding two years with or without hard labor and with or without solitary confinement, and if a male under the age of sixteen years, with or without whipping." Sec. 43. "Whosoever shall unlawfully and maliciously set fire to or cast away or in any wise destroy any ship or vessel with intent thereby to prejudice any owner or part owner of such ship or vessel or of any goods on hoard the same or any person that has undenvritten or shall underwrite any policy of insurance upon such ship or vessel or on the freight thereof or upon any goods on board the same shall be guilty of felcr'y, and being convicted thereof shall be liable, at the discretion of 1 SHIP 8CUTTLINCS TRIAL. 10 )f saving his 111. on Tues- etl'orts madu 80 gradually itil Hix a. in. Hiville, or at of property •I. Tower, in p was and is ccordingly. President. trK, F (ilasgow. Nd, , Kugiand. •esence of the dth it. '.I.D, ^'resident. Ltes Lloyds, I tlio vessel, li their legal iries will be [ng satisfac- -teil on the , with the g the case le obtained with regard John, in the of St. John, cnas to Xew lurance Com- jceed against 97, sees. 42, ast away, or ete or in an all be liable, 'or any term ng two years ind if a male )r cast away 3e any owner same or any e upon such e same shall discretion of i the Court, to be kept in penal servitude for life or for any term not less than threo years, or to be imprisoned for any term not exceeding two years witli or without hard lalK)r and uith or without solitary oonfinement, uul if a male under the ago of sixteen yearn, with or witlumt whipping." Skc. 4()'. " Wh 'soovor shall unlawfully and maliciously damage, othcrwiuo than by fire, gunpowder or other explosive substance, any ship or vessel, whether complete or in au unfinished state, with intent to destroy the same or render the same use- less shall he guilty of felony, and being convicted thereof shall bo liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding seven years and not less than three years, or to bo imprisoned for any term not exceed- ing two years witii or without hard labor and with or without solitary contineinent, and if a male under tlie age of sixteen years, with or without whipping." 5. The subject is also dealt with by the Dominion Legislature by stat. 32 and .33 Vic., c. 22, sees. 48, 49 and 52, which are almost in the same terms as the above sees. 42, 43 and 4(5 of the Imperial Act. 6. It may be a (piestiou whether having regard to the place whore the alleged crime was committed the Dominion enactments would be regarde«l as extending to it. The question could not very well arise in the Ontario Courts, but there may have been decisions in the New I'.ruiiswick or Nova Scotia with which, however, I have no acquaintance. 7. The Imperial Statute 12 and 13 Vic, c. 90 provides that, " the prosecution and trial in the Colonies of any treason, piracy, felony, robbery, murder, conspiracy or other offence of what nature or kind soever, committed iiixm the sea or m any liaven, river, creek or place where the admiral has jurisdiction shall be in the same manner as if sucli offence had been committed upon any waters within the limits of such colony, and that the punishment of any such ofrence sliall be the same as if it had b-jon committed in England." 8. By Imperial Statute 18 and 19 Vic, c. 91, sec. 21, it is enacted tliut "if any person being a British subject, charged with having committed any crime or offence on board any British shij) on the high seas or in any foreign port or harbor, c* if any person not being a British subject charged with having committed any crime or offence on board any British ship on the high seas, is found within the jurisdic- tion of any Court of justice in Her Majesty's dominions, which would have had cognizance of such crime or offence if committed within the limits of its ordinary jurisdiction, such (,^ourt shall have jurisdiction to heai' and try the case as if such crime or offence had been committed within such limits, provided that nothing con- tained in this section shall be construed to alter or interfere with the Act of the 13th year of her present Majesty, c 96." 9. By a still later Imperial Act .30 and 31 Vic, c 124, sec. II, it is enacted that "if any British subject commits any crime or offence on board any British ship or on board any foreign ship to which he does not belong, any Court of justice in Her Majesty's dominions which would have had cognizance of such crime or offence if committed on board a British ship within the limits of the ordinary jurisdiction of such Court, shall have jurisdiction to hear and determine the case as if the said crime or offence had been committed as last aforesaid." ' 10. It has been held that a person is found within the jurisdiction within tlie meaning of 18 and 19 Vic, c 91, when he is actually present there wliether he has gone there voluntarily or has been brought there against bis will. Regina v. Lopez, Ilegina v. Suttler, 4 Jnr. N. S. 98, 27 L. J. M. C. 48, 7 Cox C. C. 431. 11. Unless the accused could by some means be brought within the jurisdiction of some other Court he could not be tried elsewhere than at St. John under the authority of the 18 and 19 Vic. But if, as I suppose. Tower is a British subject, he may be ])roceeded against under the later statute 30 and 31 Vic in any Court in Canada, just as if the crime had been committed within the jurisdiction of that Court. 12. Ordinarily, however, criminal proceedings are commenced by information before justices of the peace, and there is no provision in our law for the initiation of proceedings in such a case as this before justices of any locality but that where the accused is or is suspected to be at the time. 13. The provisions oi our statutes in aid of the Imperial enactments are Domin- ion Stat. 32 and 33 Vic, c. 30, sees. 3 and 29, which are as follows :— Sec;. 3. "In all cases of indictable offences committed on the high seas or in any 20 HHIP HCUTTLINO TRIAL. creek, hiirbor, haven or other place in wliich tlio admiralty of Kngluiid liavo or claim to have juriH(licti(>n, and in an ciiReH of of!'uncos committed on land beyond the seaa for whicii an indictment may he nrefurrcd or the otl'ender may Ihi arrented in ('amula, any one or more justice or junticeM for any territorial divitiion in which any l»erH()n charged witli having committed or i)cing suRpected to liave committed any such offence, Rhall he or be 8U8}>ectcd to be, may iasue Iuh or their warrant (I). 2) to ai)prchencfore he or they commit such accused person to prison for t'ial, ov before he or they admit him to bail, shall in presence of tlie accused person (who shall be at lilierty to put (juestions to aity witness produced against him) take the statement (M.) on oatn or affirmation of those who know the facts and circumstances of tlie case and shall ])ut the same in writing, and such depositions shall be read over to and signed respectively by the witnesses so examined, and shall bo signed also by the justice or justices taking the same." 14. There is no express provision for bringing from one Province tt another for trial a person against whom proceedings are commenced by indictment. The pro- cess for arresting a person in such a case is a bench warrant. The Courts are all Provincial and by some oversight no provision is made for the execution of that warrant in another Province. The delect has probably not been observed because proceedings are now almost universally commenced before justices, and their warrants may by endorsement be enforced anywhere in the Dominion. IJ). The result is, that in my opinion, the accused can be indicteil in any of the ordinary Criminal Courts in any Province of the Dominion, and if found within such Province may there be tried. But there are no compulsory means for bring- ing him from one Province to another. There seem no means of commencing pro- ceedings against him before justices b'lt in the Province and locality where he is or is supposed to be at the time. The Criminal Courts usually sit three or four times a year. When the Courts are not sitting the only thing that can be done is to lay information before a justice and have the party committed for trial. If the party could be tried at Halifax I should think it the r>ost convenient place. I do not know when the next Court sits there but could easily find out by telegraphing. (Signed.) JAMES MACLENNAN. Toronto, Ont., January 22nd, 1880. CRIMINAL PROCEEDINGS AGAINST CAPTAIN TOWER COMMENCED. Early in January, 1880, Silas Alward, Esq., Barrister at Law, St. John, was retained by Mr. Treadwell Cleveland on behalf of the United States Lloyds and theGreatWestemLisuranceCompanie.ijfor which hewas acting, to take the preliminary steps for an investigation into the alleged scuttling of the Bi others' Pride, Mr. Alward advised substantially that as the Captain was a British sxibject, and the alleged offence was com- mitted on board a British barque on the high seas, the offence was cogniz- able in our Courts. Acting on this advice, application was made to the Police Magistrate of the City of St. John, for a warrant for the arrest of William H. Tower, which was granted on the fourth day of February, 1880, the following joint infomiation being made at the Police Court, St. John, N. B., before Humphrey T. Gilbert, Esq., Police Magistrate of that city : — The information and complaint of Traoey C. Roberts, Tre.»dwell Cleveland and Howard C. Thomas, taken the second day of February, in the year of our Lord, eighteen hundred and eighty, before the undersigned H. T. Gilbert, Esq., Police III SHIP SCUTTLING TIIIAL. 21 Miigistrato for tlio police lUatrict in the city of St. John, in tho city niul county uf Nt. .Tolin, and HrHt thin deponent, Traccy C. HolmrtH, suitii tliat ho wiut niatu ou 1)oard thu Canadiaii Itarciiio Ilrothors' I'ridu on her lant voyage, which waa fruin Cardenas, in tlie iRhmd of Cuba, to New York, in tho United StptoH of Amurica ; that thu Haid hanjiiti waH laden witii what pnqHirted to ho a cargo of nielatlo, which \H a thick inolanses or tnolaHHCM hoilod to tlic conuiHtoncy of cryHtali/4it*>n ; tiiat while on the Haid voyage, that in to Hay on the higli HcnH, on the Meventh day of May, in tho year of onr Lord one thowHand eight nnndretl and Hovonty-nine, tho aaiil harquo was abandoned by her otllcers and crew, she being in a loaky and dangerous state. A few liours after such abandonment sho disappeared from view and deponent believes sank in tiio ocean. Deponent is informed that tho said banpie is a Canadian banpie, re^isttTcd at the port of St. John ; that she was four hundred and forty-two tons register, and that her registered owners were Acalua L. Palmer, Daniel J. McLaughlin, jr., and Charles A. I'almor, all of tho City of St. John. And this deponent, Troadwell Cleveland, saith that ho is the renreaontativo of an association called "The Unitetl States Lloyds," consisting of individual under- writers who are and were engajied in tlie business of marine insurance at tho otfict) of tliiit name in New York ; that a p(dicy was nndervritteii at that oHico ett'ecting inHiirance on the said alleged cargo, in tho sum of $.'}8,()00, whicii was paid to the consignee on proof of shipment and loss in or about the month of .fune, A. D., ono thousand eigl't hundred and seventy-nine, to a person named Ilicardo Acosta, tho consignee mentioned in tlie invoice and bill of lading ; that there was also insurance upon tlie freiglit of said vessel, as der)onent believes, as follows : In tho (ireat Western Insurance ('ompany of New York, tho sum of !!?">,()()() ; in tho Insurance Conipaiiy of Nortii America of Philadelj)hia, tho sum of .'?2,()0(), and in London or Liveri)ool otlices, as deponent believes, the sum of toOO, making in all about the sum of i5!!t,.")()0. On the hull there was insurance, as deponent is informed and verily believes, as follows : In the (Jrcat Western Insurance Company of New York, the sum of !?!r),(XK( ; in tho Nov." England Mutual Insurance Comppny of I^stou, the sum of .^2,000 ; in the Universal Marine Insurance Company of London, the sum of .ioOO, and in otlior London and Liverpool oftices, the sum of £'2,3o(), making in all of insurance on the hull of about the sum of .§21,250. There was also, as deiM)nent believes, insurance on the ailcj^ed advances ; In the Anchor Insurance Company of Toronto, the sum of |!l,r)0(); m the Orient Mutual Insurance Company of New York, the sum of ,11,500, making a total of insurances on freight, hull, cargo and advances of .$71,750. And tliis deponent, Howard C. Thomas, saith that he was second mate on board the said banpie, on the said voyage from Cardenas to New York ; that at Cardenas, immediately previous to the sailing of the said barque, in accordance with tho in- structions of Win. H. Tower, who was master of the said barque, deponent purchased an auger ; that tiie said Wm. H. Tower told deponent the vessel would never reach tiie United States, that it would not do to take the cargo to New York ; that after tlie said vessel left Cardenas, on the first day ol the voyage, at eleven o'clock in the forenocui of the said day, which would be the fifth day of May, under the orders of the said captain, W'm. H. Tower, de{)onent bored a hole in the said vessel, about an inch and a quarter in diameter, witli the said auger, in one of the air streaks aft in the run. On the aft''inoon of the same day deponent bored a second liole witli the same auger alongside of the first hole, plugging up the second hole with a plug furnished by the Captain. On the morning of the following day, the sixth of May, under the command of the Captain, deponent l)ored a third hole alongside of the two holes which he had previously bored. On the afternoon of the last mentioned day, under the orders of the Captain, deponent bored a fourth hole, pulling out the plug from the second hole. After the boring of each of the holes deponent reporte'' to the Captain what he had done ; that all the holes were Iwred under tho directions and commands and with the full knowledge of the said Captain, the sai.l William H. Tower. And this deponent, Tracey C. Roberts, said that although not having anj suspici- ons at the tin\e that the vessel was being destroyed, as he verily believes at this time she was destroyed, yet in applying his memory to the situation, in remember- ing that the contents of the barrels swashed about as though they were a liquid of a thin consistency, certainly very much thinner than melado, and remembering the M 22 SHIP SCUTTLING TRIAL. lack of energy exercised on the part of the Captain, that the said vessel was destroyed ou the high sous, and from iw^ statement of tlie sai:l Hovvard C. Thomas, deponent believes that the said Howard C. Thomas and the said William H. Tower felonionsly, unlawfully and maliciously did destroy tlie said ship. And this deponent, Treadwell Cleveland, saith that he believes that the said William H. Tower and Howard C. Thomas, both acting together and each in league with ancl aiding the otiier on the fifth and sixth days of May, in the year of ojr Lord one thousand c:jht hundred and seventy-nine, on board a certain Canadian barque called the Brother^' Pride, of which the said Acalus L. Palmer, Danitl J. Mclaughlin, jr., and Charles A. Palmer were tlii registered owners, on a certain voyage upon the high seas, then being upon the high seas on a voyage aforesaid, fefomously, unlawfully and maliciously did scuttle, cast away or destroy the said barque Brothers' Pride, with intent thereby to prejudice the persons that had uncler-vritten or did underwrite the policies of insurance upon such barque or vessel and on the freight chereof and upon the goods alleged to be on board of the said barque and with intent to defraud, contrary to the statute in such case made and provided. , (Signed.) Tp apey C. EoBERra, ; : ■ Treadwei.l Cleveland, , ', Howard C. Thomas. The confessed i)riucii)al in the affaii*, Howard C. Thomas, the late boatswain of the Brothei's' Pride, was ordered into custody by the magis- trate. Silas Alward, Esq., appeaved for Mr. Cleveland, who, as already stated, was acting in the interests of the innlerwritei's in New York. Philip Palmer, Esq., appear 1 tor ihv ]iri.soner, Captain Tower. The magistrate then adjourned the case until the eleventh, with the under- standing that another a'ljournment v.ould be made on that date until the eighteenth, when, if both parties were not ready, a still further post- jionement would be made. Captain Tower was admitted to bail in $10,000. Thomas being a minor and also being the principal in the alleged scuttling, the magistrate offered to take bail in $50,000 — two sureties of $25,000 each, Thomas was unable to obtain sureties and was >^ommitted to jail to await the preliminary examination. On the twenty-seventh the examination before the Police Magistrate was commenced. Mr. John Kerr ai)i)eared for the prisv-ner. He objected to the confessed accomplice, Howard C. Thomtis, giving evidence in the case, and quoted to substantiate his objection Arch hold's Criminal Evidence, page 291 and Queen rs. "?ayne et al. Law Reports, vol. 1, Crov/n Cases Eeserved, page 340. The magistrate over- ruled the objection and the investigation proceeded. The examination was concluded on March first, and the evidence being read over to the accused he pleaded not guilty and submitted the following protest against the Police Coui-t proceedings : — I, William H. Tower, say that I protest against the manner in which the pro- ceedings of this examination have been taken, and submit that the course pursued by the prosocut: .n, and allowed by Your Honor, in proceeding aga-'nst me separately, and not jointly, and calling Howard C. Thomas as a witness, a person charged ^ 'ith me for committing the offence stated und set forth in ♦^ho informai;ion is, i am advised and believe, wholly without precedent and against law so f;>r as a prelimi- nary examination in concerned. That I was led to believe by the information and the warrant bj' which I was arrested, as well as b}' the recognis-ar "o and the bail entered into by me, that Howard C. Thomas and myseii were jointly aliarged with committing the alleged offence, but when the examination took place I was tried separately and not as stated in the information. That I am advised and believe that no precedent can be shown for the manner in which the prosecution has been SHIP SCUTTLING TRIAL, 23 lid A'esse] was ircl C. Thomas, liani H. Tower th&Xi the said t each in league he year of ojr rtaiu Canadian Imer, Danitl J. 8, on a cei"tain ynge aforesaid, estroy the said rsons that had luch barque or on board of the suoh case made EoBERr«, :. Cleveland, . Thomas. ims, tLe late by tlie niagis- lio, as already 1 New York. Tower. The th the under- lat date until . further post- )mas being a he magistrate ich. Thoma.s to await the ination before )eared for the d C. Thomas, hivS objection ne et al. Law gistrate over- examination over to the rotest against which the pro- course pursued me separately, u ch?>rged "ith laLion is, i am ir as a prelimi- iifonnation and and the bail cimrged with ace I was trieo£.rd a certaii other British barque or vessel called the Brothers' Pride, the property of A. L. Palmer, D, .1. McLaughhn, Jr., and C. A. Palmer, on a certain i'oyage on the high seas, then being upon the h-gh seas, feloniously, unlawfully ,ind maliciously sut fire to the said last mentioi;ed vessel, against tlie form of tlie Statute, in such case made and provided, and against the peace of our Lady the Queen, her crowu and dignity. And tlie juiors aforesaioth prosecution and defence challenging for cause and peremptorily, and no little discussion ensued at times between both counsel. Dui'iiig the process of challenging Mr. Kerr said that if a juror had read the evidence as published in the papers, that juror was not qualified. Contiiuiing he stated that a law should be passed i)rohibiting reporters from the police courts. Mr. James E. Hamni, of Carleton, on being challenged said he had stated his opinion in the case as favorable to the prisoner. Mr. Kerr then withdrew^ the challenge, though Mr. Hamm declined to serve on the jury. However, Mr. Pugsley having no objection to make, Mr. Hamm was sworn. During the selection of the jury Mr. Kerr denied Mr. Pagsley's. power to stand aside juiymen. Mr. Thomson showed that it was the right of the Crov/n, no matter SHIP SCUT' LINO TRIAL. 27 I, no matter jy whom represented, to stand aside jurors or challenge them for cause, [e (Mr. Thomson) was a Q. C, and would exercise his rights as such, [is Honor oveniiled Mr. Kerr's objection, and jurors Lahey, O'Mahoney (md Potter were challenged peremptorily. The panel now being exhausted Mr. Pugsley asked for an order under khe Act permitting the Sheriff to summon additional jiu'ors or talesmen, [is Honcr acquiesced, and the Sheriff called six additional jurors. Of this batch Robert C. Courtney and W. R. McKenzie were sworn, the remaining four being challenged peremjjtorily. The Sheiiff then sura- noned three othei-s, all of whom were challenged and stood aside. The Bheriff was then ordered to summon three more. One of these, INIr. Beorge F. Smith, said he was a director in one of the insurance com- Ijmnies, and being directly interested did not wish to serve. He was con- sidered disqualified. Over one of the other three, Capt. Robert Letteney, |uite a discussion arose. Mr, Thomson, on behalf of the prosecution, challenged the juror because he was a ship master, and that it was said le had expressed an opinion. Mr. Letteney being the twelfth juror, was subjected to examination by triers who found him qualified and he was . iccordingly sworn. The juiy wei-e then stated to be as follows: Samuel Dixon; Joseph Ruddock; George B. Hegan; James B. Coleman; lobert H. Sancton; James Vanbui'en; James E. Hamm; William Rox- aorough; Robert A. Couptney; William R. McKenzie; Thomas Gilmour; lobert Letteney. The clerk of the court then read the indictment igainst the prisoner, Wm. H. Tower, who was already airaigned in the Icriminal's dock. Mr. Pugsley, representing the Crown, addressed the nury and pointed out the serious nature of the charge. It may, said the Icounsel, involve a penal ty for life or for a limited number of yetirs. The pndictment had been pi-epared under two sections. The counts charge the ])riHoner with scuttling and casting away a vessel, and also with hav- ing set fire to the same vessel and with insuring for more tlmn the cargo [was worth. He then went on to cite the i)articulars of the case. The [vessel Brotliei-s' Pride sailed from Cardiii to Cienfuegos in January 1878. [On this voyage the prisoner disclosed a plan to scuttle the vessel after [taking in a cargo at Cardenas and while on her voyage to New York. [The cargo purported to be melado. He would show, however, that the [substance was an inferior ai'ticle and not melado that the vessel was loaded [with. At Cardenas it would i)e shown that the prisonei', Tower, had offered Howaitl C. Thomas $100 to scuttle the vessel by boring holes in the waterway. He would show that Thomas had obeyed his captain's I instructions and bored holes in the hull of the vessel, which while [gradually sinking the other hands were pumping steadily, and after being > water-logged she was fired and it wtis sup})osed afterwards sank. This was, said Mr. Pugsley, briefly an account of the affair. He would show that the vessel might have been put back to Cardenas, and being very ; valuable and insured for a large amount, though a small vessel, it would have been to the captain's intei-est to put back to port. In December, 1 878, ; she was insured in one office for £500 stg., in another office, the Universal jMarine of London, for ^£500; on the 31st December, 1878, in Merchants [Marine of London for £150 stg.; on 24th December in Lloyds of Lon- don for £300; on 30th December (same year, same date) £300; on 2nd ":4 28 SHIP SCUTTLING TRIaL. !-i fi Januaiy, 1879, in Tfianies and Mei-sey Insm-ance Company for £500; on 8th January, 1879, in another company for £400; on 9th January, 1879, again £100. In all these instances the vessel was valued atj $4,500. On the 18th April, 1879, additional insurance was effected inl the Union Mutual of Boston for i|2,000. In the American policies the! vessel was valued at $16,000. Another American policy was issued onl the Gth Jainiary, 1879, in the Grrc;it Western Insurance Company ofl New York, for $3,000, and on 18th, in same company, one for $2,CO0.r All these policies covered the voyage from Cardiff, Wales, to the West! Indies and thence to a port in the United States, and hence were in force! when tht vessel was destroyed. Tlie total amount of insiu-ance on tliel vessel was $21,500. Then there was insured upon the advances inl Anchor Marine Insurance Company of Toronto $1,500 and also in Orientj Mutual Insurance Company, New York, $1,500. Upon the freight therel was insured in April, 1879 — the freight from Cardenas to New York — j in Lloyds, England, £300, and on the 22nd of March, '79, in the North! American Insurance Company, $2,000; also in March, '79, in the Great Western of New York $5,000, making a total of insurance on the freight | from Cardenas to New York of $8,500. Mr. Pugsley i)roduced the bill of lading, signed by the prisoner, of 863 hogsheads, at $5.25 per. hlul. , Had the vessel arrived safely at New York, the cargo would have been valued at $4,530.75. The insurance on the freight was $8,500. He! then called their attention to an additional insurance which he claimed] was the most imi)ortant point against tl e prisoner. An insurance was i effected on the cargo on the 23rd April, 1879, in United States Lloyds, New York, for $38,000. In the policy, the cargo is descrilied as 863 1 hogsheads of melado. The insurance on vessel, freight, and advances was over $71,000. To save this valuable vessel the captain had evidently made no effort. The evidence depends, said Mr. Pugsley, upon the state- ments of an accomjilice, Howard C. Thomas. He then referred to the | stowage of the cargo, which he would show was done in a loose instead of compact manner. He alluded to the auger by which the boring was | done, and to other corroborative evidence which would be produced. He i spoke of the alleged accomplice, Thomas, and said it was another cor- roborative fact that Thomas shoidd have i)laced his trunk in another vessel before leaving Cardenas. Hr then pointed out the inferiority of | the cargo, in which the steward had washed his hands. This he could not have done had the cargo been meladc. An enormous 'fraud had beep l)ei'petrated on the luiderwritei-s, as he would in the course of the j)ro- ceeding show. Mr. Pugsley said the prisoner had made exhibitions of j sudden wealth by building improvements in Carleton since the tima the scuttling had occurred. He then denied the case was a private one. It was his sole desire to conduct tlie case on the principles of justice and that only. The court then adjourned for dinner. When the court opened at 2 o'clock this afternoon Mr^ Pugsley offered as evidence a number of })olicie.s of insurances on the vessel, the Brothers' Pride ; also the certificate of registry of the vessel. Mr. D. S. Kerr objected to the admission of these papers on thn grounds that the prisoner. Tower, knew nothing of the insui-ance on the vessel, and to the other do ment on the ground that it did not support SHIP SCUTTLINO TllIAL. 29 lie indictment, being the i-cgistry of a colonial aliip and not of a British Iiip, tliei'e being a considerable distinction, Mr. Korr stated, between the |\vo. His Honor overruled the objections, saying he woidd receive the 3gistry as evidence. The certificate was then read anil stated that on fune 25th, 1878, 43 shares of the vessel were owned by A, L. Palmer, Is shares by Daniel J. McLaughlin, Jr., and 8 shares by (j. A. Palmer. [he certiticate also stated that the vessel was abandoned at sea on the ^8th May, 1878, and that the certiticate of registry was cancelled, delivered up and forwai'ded to London in the same month. Mr. Kerr said it was queer that the certiticate could be here and in ^jondon both. Mr. Thomson replied that the certificate and registry were different Ihings. The register was in St. John and forever. Mr. Kerr's objections were noted and the first witness called >vas Mr. , E. L. Jarvis, representing in St. John sever-al of the alleged frauded iisurance companies. He knew the Anchor Marine Ir.surance Com- pany of Toronto, Canada. Witness is the agent of the company in St. Fohn. Mr. Kerr objected to the jjrisoner being connected with the insurances. [is client went to sea on wages and knew nothing aboiit the insurances. wiis imfair that this inference shoukl be brought to bear against the jrisoner. Can it be })retended, can' it be possible, asked Mr. Kei-r, that ^he prisoner has anything to do with the insurances? Can it touch us my way when w ■ are as innocent of the charge as a new born babe '? Dontinuing to advocate his objection Mr. Kerr said a man could destroy lis own ship if he was so inclined. Mr. Pugsley contended that the evidence was clearly admissable. Mr. Thomson contended that if a man destroys anothe)"'s ship at sea |t is clear that he commits an act for which there are consequences and phe consequences should be made obvious. If the prisoner destroyed the il'essel feloniously it should be shown who he intended to defraud, whether the owners or underwriters. The o^vners would probably take tlie stand before the case closed and prove that they had not given the pi'isoner jrders to destroy the vessel. Then, if this evidence is adduced, it is jbvious the prisoner's intention was to defraud the underwriters. It was ibsurd for Mr. Kerr to say in this Supreme Court that a man has a right destroy his ship at sea if he chooses. Mr. Kerr rei)lied to Mr. Thomson and claimed that a man had a right to destroy his propei"ty if he chose. He respected Mr. Thompson whose fngenuity was always ready, but Mr. Kerr hoped he was always ready to catch him. He would conduct the case as his judgment justified him. It was an important case and great responsibility rested upon him (Mr. lerr.) He emphatically objected to going into policies of insurance ire the charge had been proved against his client. A man cannot itend a thing that h^j is entirely ignorant of, and the prisoner knew iiothing of these insurances. There was nothing to show that the prisoner cnew to what amount the vessel was insui'ed, the learned counsel must lot assume that his client was guilty. Before the case was through he i^ould put a different face on it. 30 SHIP SCUTTLING TIIIAL. His Honor said his opinion was that tlie evidence rehiting to insuij ances ought not to be received at ])resent. Mr. Pugsley then witluh-ew the testimony. Mr. Jarvis vacated tlij stand and the Court adjounvned for dinner. In the afternoon the confessed accomplice to the alleged oinie, Howani C. Thomas, was called. The Sherifi' was ordered to bi-ing Thomas froiij jail, Avhere he had been confined for some time awaiting this trial. Mr. Kerr objected to Thomas being bi-onght in \intil His Honor hail issmied a habeas corpus. This was accordingly done and the witnesJ brought into Coui-t, but before taking the stand Mr. Kerr wished tlui witness sworn on his voir dire believing, he said, that the witness did not) believe in an oath and was therefore incompetent to give evidence. Hof wished to question his credibility v/hether or not he believed in a God, iiJ the Christian religion or in the Clospels. Mr. Thomson thought it was not right to hand the witness over to thtl tender mercies of Mr. Kerr, It was time to question the witness on hisi cro.ss-examination, with regard to his crediuility, &c. Mr. Thompson heldj that the law had been changed with regard to the swearing of witnesses,! After some further controversy His Honoi- allowed Thomas to be sworiij on his voir dire, and Mr. Kerr proceeded to question him. The witnes-J said he coidd read the Scriptures, believed in the Old and New Testa] ments, in a God who can punish for wrong acts. Mr. Kerr — Do you know Avhat these punishments are I Mr. Thomson— He can hardly answer that. His Honor — I think so too. The witness continued : He believed in a future 8ts»*e of rewards audi punishments. He believed iu the moral obligation of an oath. Mr. Kerr. — Have you always believed in the moral obligation of aii| oath ? Mr. Thomson objected that this carried the prisoner back to his infancy. The question was overruled by His Honor. The witness then coni tinned his direct evidence. He stated that he was twent^'-one years oil age last October. His parents aie dead but did live in Nova Scotia.l He commenced to go to sea when ten years old, but since, had notj been going to sea continuously. He has made no longer voyages thaui from here to England. He first became aouainted with the prisoner inl June, 1878, having met him in Philadeljdua, where witness has an uncle.] Witness was hoarding in Philadelphia, his uncle paying his board billl and went to Philadelphia at his nncle's request. His uncle's name is] Corning. He was at Philadelphia about two months before meeting! Captain Tower. When the Brothers' Pride was at Philadel^^iua witness! first met Captain Tower as watchman on board Tower's vessel. In this! vocation he was employed about one month when Captain Tower asked! witness if he wanted to go with him. Witness accepted the oflfer, signcdj ai-ticles and went to sea with Tower. About the 30th June, 1878, thcl Brothers' Pride sailed for Valencia, Spain, with a cargo of oil and amvedl there in due time. From Valencia she sailed for Cape Breton for oi'ders,! thence to Bathnrst, arriving there in September or first October, 1878.} Here they took in a cargo of deals and sailed for Penarth Roads, Wales, [ for orders, on 28th November following, amving at Penarth Roads in! 8HIP SCUTTLING TllIAL. 31 ecember, and on orders went to Abernioiith Docks, a little below BriHtol. [ere the cargo of lumber was discharged. The vessel then proceeded to ^ardift' and took in a load of Welsh coal, about five hundred and seven- teen tons, a full cargo for the vessel, wl'.ich was a barque. She dr(!W ftbout fourteen feet of water with the coal cargo in. From Cardiff, sailed ifor Cienfuogos, Cuba, about 2f)th January, 1879, and arrived at Cienfiu;- gos about Ist March, having had rough weather during the fii-st twenty days of the voyage, then entered the trade winds. Discharged cargo at Cienfuegos, occupying about two weeks. Then ]>roceeded to Cardena,s, on the other side of the Lsland, arriving about middle of April in ballast. Here discharged some of the ballast and took in cargo of melado or what was supposed to be melado. He had never been in Cuba before. The lUfeLido was held in casks. It took two or three weeks to ship the cargo and discharge the ballast. The vessel was partially loaded inside the cays and i)artially outside by lighters ; took in one lighter load outside of the cays. Witness handled nearly every cask of the cargo. There were eight Inindred and sixty-three casks i)ut on board, he thought. They took in between seven hundred and fifty and eight hundi'ed casks inside the cays. He was not present when the lighter load was taken on board outside the cays. He was ashore. The cai'go was hoisted in, the mate •superintending the loading. Witness helped to hoist in some of the casks, but did not help to stow it below. As far as he could see doAvu the hatch the cargo was stowed fir.st-rate. There wps a four or five foot space forward not stowed closely. This space was aj)proa(hed by .a nar- row hatch imder the forecastle deck. More casks could have been placed in this vacancy. It was a fine day when the vessel sailed from Cardenas. Aft, the cargo was stowed in almost every shape, and an individual could crawl along quite a distance. The cargo was stowil so as to keep it from shifting, but in a queer way, and differently aft from what it was for- ward. Some was stowed athwart ships and some fore-a\id-aft. Down near the keelson she was stowed clo.se enough, but Jiscending there was plenty of room. When the vessel left Cardenas the crew consisted of Tracy Roberts (mate), H. C. Thomas (second ma^e), George Hall (stew- ard), Jerry Spline, Joe Anderson, John Trisinski, and three others who went by the names of Henry, Charlie and Willie. He did not know their surnames. This was the same crew that sailed from Cardiff. Wit- ness was second mate on board ; was in the habit of dining in the forward cabin, and though the captain had a private cabin, he dined forward with witness, and the first mate dined there also. Witness had oj)portunities on the voyage from Cardiff for i)rivate conversations with the captain. About twenty days before reaching Cienfuegos, when it was his watch on deck, commonly called the "dog watch," from 6 to 8 o'clock, p. m., wit- ness asked the captain if he was likely to go to Philadel})hia. The captain replied that the vessel wonld never reach any port in the United States after she left Cuba, and at the same time remarked that there were plenty of ledge to run her on, subsequently pointing out the ledges on the chart. What time this occurred witness could not say. It was not the same evening. The captain showed him the charts in the foi'ward cabin. Witness inquired : What about our lives 1 The captain replied that there were plenty of coast guard schoonei-s about the coast by wliich to 32 SHIP SCUTTLING TRIAL. effect nn escape. To tlii.? witness nuule no reply. Tbo charts were shewn I Avitness when in tlie oiiMn ijetting a piece of n)arlin<(. The captain called I him anil showed him the l(HlgeH on the chart wher») he intended to ruiij the v«!S.sel. Witness did not remember making any ie})ly to the captain's remarkH. There was no person ])re.sent in the cabin when the chart was! exhibited, when abont twenty days before arriving at C.'ienfnegos. Had 110 oth(!r conversation witli the captain before arriving at Cienfuegow. j One night after leaving Cienfuegos and after rounding Cape Antonio the captain told witness to look out for a ledge. Witness was on the watclil that night. It was a misty kind of a night: the moon was shining. Witness replied : All right, I'll look out, and was keeping a lookout tol leeward. After a while the man at the wheel sung out, "breakers ahead." Mr, Kerr objected to the latter sentence being accepted as (ividenec,] and could not see what it had to do with the captain, who was down be- low. Such testimony wiu* fixing the crime on his client. His Honor, failing to see the objection in as strong a light .'is Mr. Kerr, took the statement as evidence, sidj>ject to Mr. Kerr's objection. Witness continued : The man at the wheel cried out, "Breakers tol weather bow," whin witness was watching over the opposite side — ti»| leeward. When the man at the wheel shouted " breakers ahead," wit- ness told him to put the helm hard up. Just then the cai)tain and mate antl steward came running up. The Coiu't then adjburned until morn- 1 His Honor, at the request of Mr. Kerr, admonished the witness to] convei-se with nobody about the case and forbid him seeing any news- pajjer or leceiving letters concei-ning the case. In the moniing Thomas resumed his testimony. He said, when the captain rushed u}), he wore ship and mate and steward went below. The I captain told witness he wished she had struck. Witness replied that it would be leather a hard ])lace to get off in boats. Ho had no personal knoAvledge of the insurances though the captain had told him she was insured for three times her worth. At this time the cai)tain said he had j received a letter from old Mr. Palmer, telling him to sink lier, that he. (Ml". Palmer) had a new vessel for him (the captain). The captain also | said he was going to get a large sum of money before he left the West Indies — half there and half when he an'ived in St. John. The captain did not remain long on deck. The man at the wheel was about twenty feet from his position on deck. The captain's words to witness were said in a low tone. When mention of the letter from Mr. Palmer was made, the vessel was sailing from Cardiff to Cienfuegos, but on what parf of the voyage it was he could not say. Nothing more occurred of note on the i voyage. Witness was ashore one day with the captain who pointed out 1 the cargo that was going on board. The casks or hogsheads apj>eared somewhat new. He did not know what melaf^ ' was ; but saw what was in some of the casks. It was like sweetened water, bitter to the taste, but had not a nice smell, and did not smell like molasses. It was thin as water and if it got vent would iiin out veiy easily. It was a dark brownish color, though some was of a lighter color. The stuff would! swash about inside the casks. When the casks were rolled the stuff would j swash, at least all that he handled did, and he handled nearly eveiy cask, j hHIP SCUTTLINO TRIAL. 33 Heveral of the ciihIch broke, some of tliem on deck, otheir, wlieu being put into the hold of the vesHcl. bui-Ht it he could not tell, deck i'or three or four dayH. broke, and he up-ended it. One cawk burst tH head out on deck, what There was one cask, half fidl, standing on While prying it round on deck, the liead The stuff in it was thin and water-like. He bored one cask to get some for the men to put in their tea. Nobwly gave him jMjrmission. One of the men carried it away to tlie cabin in a tin. Witness would not care to drink much of the stuff. It was as thick us common molasses. Witness has seen some real melado in Cleveland's office, New York. This what he saw was thick like molasses sugar. [At this point several tins of melado were exhibited to the Couit.] One tin was shown to witness. The contents of the tins, witness said, did not compare with the material in the casks. [Other samples, in bottles — those 'ised at the Police Court investigation — were produced. The contents of tiiese bottles were in substance somewhat thinner than that in the tins.] Witness continued : He told the captain that the cargo was queer looking stuff. The captain replied it was never to go to the United Sta+es. Witness made no answer. While ashore in Cardenas — the Friday night before leaving — the captain and witness went to a restaurant to get their suppers. The captain asked witness, while waiting for their suppei-s, if he woiild bore the vessel for $100. Witness replied that if the captain said so he would, but that he wanted no $100. After finishing their Huppei*s the captain offered him money to stay ashore. Witness said he did not care about it, and shortly afterwards took his boat and i-owed out to the J. T. Smith, of Parrsboro. There was a number of Provincial vessels at Cardenas at that time. The second mate of the J. T. Smith, I Clarence Barnes, was a friend of witness. He stayed aboard the Smith all night and the next iiight witness and Barnes went ashore in the Brothers* Pride's boat, and remained ashore until Sunday morning with I Tower, Barnes and Barnes' brother and himself who were in a big bar-room drinking. Captain Tower called witness aside and gave him $5, telling him to buy an auger of 1^ inch size. He took the money, the captain i-eiuarking to get it the size of a treenail. The captain said that if the I vessel was picked up it would be thought some of the treenails had drop- med out of her. The five dollars was in Spanish paper. Witness purchased the auger on the same street as the bar-room wa.s on. The shops are open in Cardentis on Sunday tue same as on other days. He jtook the auger to the boat, according to the captain's instructions, and llaid it in the main sheets. He gave $4 for the auger which had no pliandle. It was wrapped up in paper, the boring end being exposed. I After this he returned on board the J. T. Smith with Ca])tain Tower, cap- Itain Barnes and Clarence Barnes. They reached the Smith about noon land remained on board her until twelve o'clock that night Later the two jcaptams retui-ned to the shore and came back to the Smith about twelve j'clock that night. As soon lis they came on board, witness and captain Tower bade the captain of the T. C. Jones good-bye, and proceeded to the brothel's' Pride, their own vessel. He knew a man named Riley. It ?as about one o'clock when they reached the Brothel's' Pride. Witness |)ut a trunk on board his vessel without the captain's knowledge. '^itness sent a small trunk on boai-d the T. C. Jones, before leaving 3 34 HUIP SC'UTTLINO TRIAL. CardifT. The tniiilc contained a (juaili-ant, Home books and a cruet stand which ho ])urchaRed in Bristol, lie gave tlie tnink to the second mate, Geo. EiU»y, md hrougiit back Riley's trunk on board the Urothers' Pride. Mr. Kurr strenuously objected to such evidence. His client wis no party to the swapping of trunks. This His Honor admitted, but con- siden^l the evidence relevant. I\Ii'. KeiT said it was the intention of these men to hang the i)risoner behind his back. WitncHH continued ; Tiiley's trinik was an emi>ty one and old looking. Tlie T. C. Jones was loaded with sugar and bound for New York, and was about ready to sail. A week after witness amved in New York he received his trunk from Riley. Tluj Brotliei-s' Pride sailed from Cardenas on Monday morning, May 5th, 1879. Mr. Thomson — Witness, did Captain Tower know what you did with that cruet stand you purchased in Bristol 'I A. I supi)ose he did. I gave it to his wife. This evidence prisoner's counsel claimed wtis irrelevant. It was admit- ted, however, subject to objection. Witness proceeding, said he " chucked " some of the stuff in the casks on the skids to make the casks inin etisy. The skids were fendei-s along- side the vessel. He washed his clothes in the contents of one cask and so did the steward, the material bdng thin enough for washing purposes. When at Cienfuegos there were othei- vessels in jjort, plenty of them. [Chaii of the Island of Cuba produced and different points shown to juiy.] Mr. Kerr objected to Mr. Thomson pointing out the places in question for the witness. Witness then took the map and, though he said he knew nothing about a chart, pointed out Cienfuegos. The chart was then shown ta the jury. Witness resumed : Captain Tower went to Cienfuegos from Cardenas by train and was absent s. . eral days. The captain did not say why he went. Vessels were loading with molasses and sugar at Cienfuegos when witness was there. There wei^e more vessels at Cienfuegos than at Car- denas. At the former port vessels loaded at wharves. When the cap- tain told witness he was to get a large sum of money witness forgot. It was a fine day when they took in the last lighter load outside the cays. The wind was from north north-east when the vessel sailed out Cardecv harbor with the yards braced np on the starboard tack at about six miles an hour. With the eight hundred and sixty-three casks on board the vessel di*e'> a little deeper than when loaded rath coal. They sailed about sL: .'.'clock in the morning and were out of sight of the island durfng thtvt night. The weather was fair and atmosphere warm during the first day at sea. Monday the captain said the vessel must not be out too long before commencing to leak, and said further that it was time witness was at that job. The captain gave witness half of a wax candle. Witness asked if there was any danger of getting himself in trouble. The captain replied there was no trouble about the matter as long as he was doing it under his (the captain's) orders. Witness took the candle and went down the lazarette, between the two decks. He could not stand up in the lazarette. There wjs a bulk head between the captain's cabin and the lazarette. The water clnet was close to the bulk head on the port side and close to the captain's cabin. A bulk head is a pai-tition SHIP SCUTTLINQ TRIAL. 35 .t was admJt- bctweeii the ca[)taiii*8 caWn and tho lazjiretto. Witness had a plan of tho place in jail. Mr. K(irr oljectod to the plan. IHh Honor said tho witneas had h nglit to ilhwtrato his evidonce by phui or otherwise, iind ho would accord- ingly allow the evidence. The judge and j)risouer'H counsel argued tho propriety of tlie evidence while the witness left the stand to secure tho plan from the jail. It was produced, and in answer to Mr. Kerr, witness said lie had made the plan on Mr. C'leveland's ii):.cructions. Ht> miido it last Wednesday. He saw Mr. Cleveland after tho Grand Jury had found a bill against him but did not recollect seeing Mr. Cleveland tho day the bill was fo'ind. Mr. Cleveland tohl witness to draw up tho plan, but gave no directions how it should be drawn. Mr. Kerr objected to the plan being received as evidence. He could see what was in the back-ground, and considered the evidence dangerous to his case. His Honor could not, however, see the apprehended danger then, tlu're- fore thouglit the plan admissable. Ho would note the point but could not reserve it. Mr. Tliomson requested His Honor to stop Mr. Kerr's insiiuiationa. He Wiis everlastingly making insiiuuitious, and ai)i)arently they were against Mr. Cleveland. When Mr. Cleveland took the stand, Mr. Kerr would have a chance of testing that gentleman's credibility. Mr. Kerr arose, and denied in emphatic tones that he was in the habit of dealing in insinuations. Mr. Tliomson need not threaten him (Mr. Kerr.) Mr. Cleveland wius a gentleman, a member of the ])rofession, and from New York. He would state plainly it was a private prosecution. He deprecated the idea of insinuation. However, after this little brush between the two counsel, harmony )>revailed, the learned Jxidgo castuig a little oil on tho troubled watei-s. The plan was then shown to tho Judge and iury and positions of the lazaretto, bulk head, cabin and water closet pointed ont by witness. Resuming, witness said : The lazarette extended from side to side of the vessel, and was inider the wheel and aft of the captain's cabin, and was entered by a hatch on the starboard side of the vessel. Tlie distjincc between the stei'n of the vessel and the partition of the lazaretto was not more than six feet. The lazarette was a)x)ut six feet high. Access coiUd be had from the lazarette to the hold. Tliere was a hatch without a combing that led to the hold. Flour, oil, paint, etc., from the lazarette could be taken out by this hatch From the floor of the hizarette to the bottom of the hold would be J^ j twelve feet. When witness went down the lazarette hatch and through the hatch into the hold, he placed his candle on a cask and bored a' hole thi-ough the air-streaks with the auger he bought at Cardenas. Previously he put the auger in the tool chest without a handle, and when he took the auger out it had a handle in it. All hands were on deck when he descended into the hold. After he bored the water came in. The side of the vessel was easily approached. He put oakum in the air-streak to deadan the noise of the water. He put the oakum between the skin and side of the vessel. He then came up to the deck and told the captain he had bored a hole. This was Monday, the 5th May. The captain said all right. Tlie wind, sea and breeze mmm ? 'i! 36 SHIP SCUTTLING TRIAL. were about the same as when the vessel started. Same day about three o'clock in the afternoon the captain instructed liim to boi-e another hole. He went down, the captain giving him a plug to put in the second hole, bored a hole alongside the first boring and the water came in. He then plugged it up as ordered and returned to the deck and told the captain what he had done. The captain said all right. The Court adjourned for dinner. In the afternoon Howard C Thomas continued his evidence and said, after plugging the second hole he did not recollect having any further conversation with the captpin that day. The next forenoon, May sixth, he received orders from the captain to go down and bora another hole. He obeyed the order and descended to the hold as previously, and bored another hole in the air-streak near the previous boring. He left this hole running, the water coming in rather fast. The crew began pumping on Monday afternoon. The r.iate was, he thought, the first one to sound the puir>ps which were worked nearly all that night, the captain being in bed. The vessel was kept pretty free until Tuesday afternoon, when one of the l^umps broke at the axle, in fair play, for all witness knew. An attempt was made to repair it but it would not work. This left one pump for use. In the afternoon of Tuesday the water gained some, and about three o'clock, in the cabin, the captain said to witness to go thi-ough the water closet to the hold, so that no one would see him, and to rip the boards off the partition between the water closet and hold. The captain assisted him to open the partition, and told him to go through to the hold and bore again and pull the plug out of the second hole. He obeyed the instructions and returned to the deck, leaving the four holes running and the water coming in rather rapidly. He reported to the captain that the four holes were running. The captain replied all right. It con- tinued fair weather. They then pumped the first part of Tuesday night and found the water gaining all the time. Gauged tl.e depth by a piece of mai'ling. The captain took obseiwations on Wednesday and Avas up all Tuesday night, when the same sail was set on the vessel as when they left Cardenas. About 3 a. m. got the boats out by the captain's orders. It was not daylight at that hour. "Witness was in the captain's boat. All hands got their things intc the boats ; also a bag of biscuits, keg of water, sai'dines, salt fish, etc. It was fair weather when the boats were hoibted out. They haiUed in foresail and mainsail, clewed up the fore and main royal and fore and main top-gallant sail, before getting into the boats. An ordinaiy breeze Avas blowing at the time. After getting into the boats, they rowed away for an hour or two, and then returned to the veasel. The boats were lowered at about thrse a. m., and shoved off at about five a. m. During the pumping the captain told witness to tire the men out at the pumps, all he wanted was for them to knock off pumping. Tht; men were not ordered to stop pumping, but he (witness) told them and the mate told them it was no use pumping any more. This happened just after the boats were got out. He did not know of any attempt being made to find the leak. He Iieard of no one receiving orders to search for the leak. There was no signal of distress floated, nor was there any attempt made to return to Cuba. The men worked at the pumj^)S after the boate were lowered, and until pretty near daylight. It SHIP SCUTTLING TRIAL. Z,7 bout three )ther hole, cond hole, He then he captaiu ! and said, ny further May sixth, other hole, and bored ft this hole limping on sound the inff in bed. one of the Ln attempt mp for use, bout three 1 the water ; boards off i,in assisted e hold and obeyed the inning and iptain that t. It con- isday night by a piece ,nd was up when they n's ordei-s. ain's boat, nits, keg of boats were le fore and i£C into the etting into ■ned to the loved off at less to tire knock off e (witness) any more. at know of e receiving floated, nor ked at the ylight. It was about ten a. m. th^t the captain t-ook the ob8ei*vation. They were in the l)oats at the time and the weather was clear. After returning to the vessel in the boats, the captain ordered witness and steward to butt the bow ports out, but they couldn't get a skid down the hold and were, consequently, unable to succeed. He went aft and got a sledge, but was not successful in butting the jjorts. The captain then told him to take the auger and bore holes. Previous to this he r'louted to the captain, who was at a distance in the small boat, that he could not butt the j>orts. He then took the auger, as instructed by the captain, and proceeded below, and Nvith Hall, the steward, and William, the young fellow, bored several holes in the bow ports. Through tliese holes the watei came in pretty rapidly. They then came on deck, got into the boats and rowed round the vessel several times f^till she didn't sink. The steward told the captain it was dangerous to let her lie that way, and then the captain told witness an.! Hall to go on board and set her on fire. They went aboard and d3>vn the lazarette where witness got the paraffine can and a bunch c' matches. He poured the oil all over the lazarette and deck ; the steward got an axe and made some chips ; he also jxiured oil in the rudder trunk, and the steward touched it with a mat<;h, and the vessel was soon in a blaze. The steward took the can and, with witness, went into the captain's cabin, poured oil over the beds, bureau, sofa and floor, and set them on fire. Then they proceeded to the forward cabin, and poured oil aroiind there, and set that on fire ; then went into the forecastle, poured oil about there, and set it on fire ; then went up on deck. The captain shouted that if she gave a jump to leap over the stem and he would pick them up. Tliey afterwards, about midnight got safe into the boats. This was on Wednesday. The tire burned first-rate, went up good, and he saw the fire run vip the rigging, bin-n the sails, and before he left the vessel v:as pi-etty well destroyed. They then lay by for a while and pulled and sailed for Cape Canaveral, coast of Florida. The captain oaid the Cape was distant about forty miles. The night, on Wednesday, was pretty rough. There was thunder and lightning. The coast of Florida, where they landed, was uninhabited, and about forty miles north of the Cape. The mate's boat upset i»i the breakers but all hands got asliore. He did not know if the captain saved the log book, though, he had ample time to secure it. Everything in the captain's boat was landed safely. Among the incidentals he did not notice the log book and did not notice the captain throw away anything from on uoard the vessel. The fii'st night on the coast they turned their boats up and made tents of them. It was about four o'clock, on Thui-sday, p. m., and before aark, when they landed. They slept on the beach that night, and started next morning to find the light house, but failed to find it, and returned to the coast about six o'clock in the evening. They then went to sleep and next morning went to work and got the boats over into the lagoons, and shipping their fo"d, etc., pulled down the creek and saw a little hut. Askf-l an old woman if there was a village anywhere. She pointed out a canal and after passing thi'ough that, she said, they would enter a river which led up to Titusville. Stopped at Titusville over Sunday, took two mule teams and conveyed the luggage to Salt Lake, thence to Jacksonville, where they boarded the City of Dallas and pre- S8 SHIP SCUTTLING TRIAL. •tl;i'i M^: m ceeded to New York. On the way to New York the pi-isoner said to witness not to tell of this, that it was a case of transportation. Witness asked where tol The captain said he might he transported fourteen. yeai'H to the penitentiary. Witness did not rememher making a reply, From New York he came to St. John via the Yarmouth, N. S. steamer. Shipped in this steamer at Boston. On arriving in St. John he went to Captain Tower'.s house, Carleton, b\it did not find him at home. Witness remained at Captain Tower's about eight days. Had no conversation ■with Captain Tower at his house about this matter. Captain Tower paid witness $2, $5 and $20 at different times. He went to Captain Tower's house on invitation. The captain said he was having a new vessel built and ofiered witncoS a chance to go in her. There was no person present when he received the $2, $5 and $20. The captain did not say what the money was for. Witness said he had received his wages previous to the donation from the captain. Witness went to Digby, stayed there several days and returned to Captain Tower's house, remaining there two or three days doing nothing The captain said he intended repairing his house, to raise it up two feet. Witness returned from New York about first June. The last time he returned from Digby was abov ' +he last of June. The prisoner commenced repairs on his house ab( !' } iddle of June, and said the repairs would cost him $2,000 or .^b,000. Thomas witnessed some of these repairs being done. It was along in the latter part of June that witness I'eceived the $20. The money was paid in the presence of nobody but themselves, and in the captain's woodshed. Witness went home again to Digby, and after a lapse of three weeks returned to Captain Tower's. The captain knew why witness did not go +■0 Philadelphia to his uncle from New York. Witness was standing on the steps of the Eastern Hotel, New York, when he told the captain, steward and mate that he intended going to Philadelphia that night. This was some time in the month of May, 187i>. The captain then approached witness and asked him if he remembered the offered present of $100. Witness said he had not though, much of the present since ; that if he went to Philadelphia, whei-e his uncle was, he would get a good vessel. The captain said it was not necessary to go to Philadel^ ^ ij to come to St. John where he would have a vessel, and give him, witi < / a chance. Witness and the mate came to St. John together. E ii this he would have gone to Philadelphia. Witness paid his own passage to St. John. From the vessel the captain took three bags of clothes, chronometer, weather glass, sextant, barometer and compass, but no log book that he saw. The captain sold a chest and big overcoat to the* steward while on the voyage from Cardiff to Cienfuegos. Tn the same boat with him the steward took a blue bag which formei-ly belonged to the captain. While at Cardenas, the captain spoke about having the cargo stowed so that he could have a hotch cut underneath his berth, so as to get down into the bottom of the vessel to bore her. This hat It was on the starboai'd side. The captain also spoke of having the cargo stowed far enough away from the bow ports so as to get one of then out. Witness made no rej>ly. After returning from Digby, in the latter part of June, witness went to Captain Tower's and assisted on the repairs on the house. He continued at this work a few days and, seeing no signs of -M^ er said to Witness fourteen r a reply. . steamer, e went to Witness iversation ower paid a Tower's 3ssel bixilt m present say what fevious to yed there there two •airing his ork about ^he last of .iddle of Thomas the latter aid in the woodshed, fee weeks [lid not go anding on captain, lat night, tain then id present ent since ; luld get a ladelr • M witi ( r 1. - n passage )f clothes, )ut no log at to the- the same ilonged to aving the berth, so lat h was go stowed hem out. itter part •epairs on o signs of SHIP SCUTTLING TRIAL. 39 the promised new vessel, concluded to go away. He told the prisoner he was going to Philadelphia, and asked for money enough M go there with. The capttiii, informed witness he must be all right when he could sport on other people's money. Witness replied that it was he (the captain) who was sporting on other people's money. He did not get the desired amount, and went again to Digby and stayed there a couple of days, and shipped with Captain Amero in tho brig Willie, for Wexford. Before leaving Digby, he received a letter from Captain Tower. He received two letters, the first in the latter part of June, while at Barton, near Weymouth, N^., the second in July, at the same place. He read the the first letter and then burned it up. His cousin, Geo. McNeil, read this letter. McNeil lived at Barton and got the letter from tho post office. Prisoner's counsel objected to the contents of the letter being related. His Honor said he could not shut it ou' as evidence. The case was indeed hard against the prisoner, but tliat fact coUid not hinder the evi- dence. His Honor said he had never tried a case oi the kind before. Mr. Thomson hoped his Honor would never again liaA-e to tr^- such a case. Witness then related the contents of the letters. They requested the witness to come over as soon as he liked, th*it he (the captain) had not received his papers from the West Indies and that next day he was going over to Mr, Palmer to get some money and would send witness some. Both letters were seen by his cousin. Witness then went to sea and was absent about four months, arriving here on his return voyage on the 5th November. He then went Iiome and remained there until the 15th De- cember, which day he came over the Bay to St. J ohn and i)ut up at the St. John hotel. He saw Captain Tower on the 19th, at the hotel, talk- ing to Tracey Roberts, the mate. Witness had no previous knowledge of Roberts being in St. John. Captain Tower asked witness to have a di'Lnk and then invited him to his house, whither he proceeded, and shook hands all round with the family ; stayed there about an hour ; afterwards met Captain Tower in Carleton on the street, and ha'' another diink with him. Then, accompanied by Tower, he came across the ferry and left Tower talking to Mr. Charles Palmer, whom witness recognized in Court. In the evening he returned to Captain Tower's house and took tea there. Had a game of cards, and later returned to the city with Tower, In the morning Robei-ts was going to New York to give evidence about the sink- ing of the vessel. Tower wanted to know of witness if money would not stop Roberts. Witness replied that he thought it was too late. Tower said if Roberts went the New York people would want his, (witness',) evidence. Roberts told witness of his being sent for by New York peo-* pie. He did not know that this matter had come out beroi-e this inter- view with Robei-ts, What Roberts told witness he repeated to Tower. That night, after coming over to the city, witness was sent for at the St. John hotel to go to the Park hotel to see a Captain Brown, an agent of the underwriters. Was it at this time you determined to make a clean breast of the affair? asked Mr. Thomson. * Mr, Kerr — " Clean breast ! I want to stop this outrage, your Honor." Mr. Ken' threatened to quote a passage from Solomon. 40 SHIP SCUTTLING TRIAL. ;,,,!; i: •.'ii ' m '"I .'"i! i The question was unanswered. Witness continued, saying that he went to New "Work the next morning, the 1 8th, and returned to St. Jolm in the latter j^art of January. He had lived at one time at Beaver River, N. S. He received a letter from Captain Tower, while in jail. It had gone over to Barton and was then forwarded from there to wit- ness in jail. [Thf letter was produced and identified by witness as Cap- tain Tower's own handwriting.] There was also produced a certificate of character from the prisoner to the witness, which read as follows : — This is to say that Howard C Thomas has sailed with me as second mate or boatswain for about eleven mouths, and I have found hini to be sober, honest and attentive to his duty. "^ (Signed.) WM. H. TOWER, Master Mariner. Carleton, July 10th, 1879. The letter received by witness while in Digby from Tower was then submitted as evidence. It read as follows : — St. John, Jan. 23rd, 1880. Mr. Howard Thomas, Sir : Please come over to St. John at once if able ; if not, let me know without delay, as I want you. Your expenses won't be anything here, for you need not stop on shore. Yours, etc., WM. F. TOWER. ' The Court adjourned until morning. The court room was crowded with S|^ctators all day. When the court opened in the morning all available space was occu- pied by spectators, many of whom had arrived some minutes liefore the Judge took his seat on the Bench. Mr. Thomson had a few more ques- tions to ask the witness, who said the captain gave him an epitome and guide books on the voyage to Valencia. The books were in jail. When below, boring the holes, thei'e was a strong smell from the cargo — a suffocating smell — which nearly knocked him down at one time. He could not state the name of the man who kept the bar-room in Cardenas where he and Captains Tower and Barnes -.vere drinking. It was not Yannes, this man kept a ship chandlery. The steward saw witness and prisoner in the W. C. when breaking the bulkhead partition. The steward stood and looked in, r-nd the captain shut the door in the steward's face. Witness came to St. John to give evidence at the request of Mr. Cleveland. Mr. Thomson — On what arrangement or on what conditions did you come 1 Objected to by Mr. Kerr and objection sustained. The epitome and guide books were produced. Mr. Thomson said he produced the books as a matter and process of the commencement of the corruption and intimacy between witness and Captain Tower. Mr. Kerr objected. His Honor received the evidence subject to Mr. Kerr's objection. Mr. D. S. Kerr then began Thomas' cross-examination. After the vessel was discharged he got ashore and remembered being at Titusville, Florida. Here the captain went to get his protest noted and was at Col. Titus', who was an underwriter agent, or something like that. He did not know that Col. Titus was a notaay public. He went before Mr. Hughes, a notary in New York, to make a protest with Captain Tower SHIP SCUTTLING TRIAL. 41 ig that he bo St. John at Beaver lie in jail, ere to wit- ess as Cap- jrtificate of ws : — }nd mate or , honest and ER, r Mariner. r was then I3rd, 1880. now without 'OVL need not OWER. jwded with B was occu- V)efore the more ques- pitome and ,il. When 3 cargo — a time. He 1 Cardenas It was not i^itness and tion. The oor in the the request ns did you he epitome jduced the iiption and cted. His After the Titusville, was at Col. He did jefore Mr. ain Tower and crew. Witness could not identify Mr. Hu,>hes who was in Court. [A book was then produced a?ad witness indentifiad the stewards, Charles Lutzs, his own, Traccy Roberts', Jerrv Snluie's, Captain Towers and the other signatures of the crew of the Brothei-s' Pride.] He did not mention having been before a Naval Court in New York. He was before a vice- counsel in New York. He did not see a peraon named Captain Hadder- wick or Captain Young at the Court, at least he could not identify these people. It was a little examination or kind of Court, and held on the 23rd of May, 1879. Befo?re this Court he was questioned, took an oath, signed his name, gave evidence on oath and signed his name to his testi- moriy. There was no trouble about this case until December, 1878. On the night of the 1 7th December he had an interview with Captain Brown at the Park Hotel. Proceeded there with Tracey Roberts, who had a conversation with Cai)tain Brown. Witness and Roberts went to New York the very next morning, Mr. Brown paying the passage. Mr. Cleveland, who was looking after the insurances, he saw the next day after arriving in New York. He gave a long statement to Mr. Cleve- land, and heard Roberts talking to Cleveland. He got $25 a mouth, his way paid and his board paid for going to New York, but received no reward for -his services, he got paid for his labor. He receives $25 a month for every month that he is em[)loycd by Mr. Cleveland. He is employed by Mr. Clfiveland to give evidence and to do nothing else. Besides this money he had his board paid. He has seen Mr. Cleveland several times and talked to him several times about his evidence. He returned from New Yoi-k about the 28th of January, and was in New York aoout 40 days. Roberts got his wages and board, he supposed, but he did not know anything about a large reward that he was to get. Witness and Roberts and Mr. Cleveland made a joint information at the City Police Court. [Witness' deposition produced and read.] He anade no mention to the police magistrate about the burning of the ves- sel. This information was given after Mr. Cleveland, Roberts and wit- ness had been together about 40 days. He said nothing to the police magistrate about butting or boring the bow ports. On the 3rd February witness was arrested and jjut in jail, and on entering the jail Mr. Cleve- land accompanied him. They talked about the case. This first day of his incarceration he saw Mr. Cleveland four or five times in jail. The information was made in the morning and he was incarcerated at noon. Mr. Cleveland called to see him in a friendly way and talked of the case. [Here Mr. Kerr requested the prisoner not to smile.] He did not recollect Mr. Cleveland taking down any statement in writing relat- ing to this evidence. Mr. Cleveland did not to bis recollection read any statement to him concerning his testimony. He saw Mr. Cleveland at the Hotel Dufferin and received from Mr. C. a written statement to read over — the statement being previously made by witness. Tracey Roberts also received a statement which he too had read before going to the polico office. He had not seen Hall the steward receive a statement. Hall called on witness at the jail more than once — thi*ee or four times. They talked over the evidence probably three times. Hall was not in the jail at any time Mr. Cleveland was there. Mr. Cleveland, Roberts and wit- ness had interviews together at the Hotel Dufierin, and Mr. Cleveland 42 SHIP SCUTTLING TRIAL. then and there wrote clown a statement made by witness. "Witness read a statement to Mr. Cleveland before going to the i)olice office. Mr, Cleveland did not read Roberts' statement to witness. Since his incar- ceration Roberts celled on witness at the jail three or four times and one of these occasions Roberts was there with Mr. Silas Alward wlio told witness to keep up good spirits. Mr. S. R. Thomson and Mr. Silas Alward conducted the case at the police court for Mr. Cleveland. Wit- ness did not know the emolument Messrs. Thomson and Alward received. The examination began at the police court about the 28th February. He did not see Mr. Cleveland during the progress of the examination at the police court. The police magistrate cautioned witness to have no conversation with anybody during the delivery of his evidence. He read the account of his evidence in the newspapers, and stated this fact at the examination. He received several letters from Mr. Cleveland while in jail. He wrote back to Mr. Cleveland several times. The day before going before the Grand Jury he had a conversation with Mr. Cleve- land. This day Mr. Cleveland saw witness perhaps thi-ee or four times. He was not before the Grand Jury more than one day. The indictment was found against him on the 1 2th Mai'ch, and on this day he saw Mr. Cleveland, who asked questions about evidence. Mr. Cleveland called again on the following Sunday. This day he wrote a letter concerning his evidence. He received a letter from Mr. Cleveland on the 1 3th. Never saw Mr. Cleveland in jail since the 14th. He forwarded his letters through Tracey Roberts. At this point Mr. Kerr was cautioned by the Court not to make any preliiniiiary remarks upon the evidence. Witness stated in his direct evidence that he knew nothing about the insurances; that the prisoner told him he had received a letter from old Mr. Palmer to sink the vessel. He did not give this evidence at the Police Court, nor did he say anything about the captain's intimation that he expected money from the West Indies, nor of having fears of getting into trouble; nor did he state anything about his command to tire the men out at the pumps or to cease pumping. He said nothing about the suffocating smell of the cargo at the Police Court examination. Mr. Corning, his uncle, in Philadelphia, is a partner of Mr. Younger. He was a cabin boy in a vessel for 18 months, and was altogether 2 years in this service. Afterwards he held a cook's position. Before joining Captain Tower he was an A. B. or able bodied seaman. "Bachelor of arts," suggested Mr. Kerr. Witness when he employed with Captain Tower was 19 years old. He signed articles with Captain Tower, and gave his age to the shipping master as 19, but Captain Tower who was present said to put down 20. Witness krevr nothing about navigating a vessel. He boarded two months at Philadelphia at his uncle's expense. The vessel when loaded with coal was level in the water with the Plim- soll line. The Court then adjourned for dinner and in the afternoon there was a very large attendance at the trial. The second mate, Thomas, continued his cross-examination. He said : Captain Tower was civil and kind to him while on board his vessel. The books were given him in a friendly way and with no secret intent. From Cardiff to Cienfuegos the vessel strained considerable, and found it necessary to pump her every watch,. SHIP SCUTTLING TRIAL. 43 itness read iffice. Mr. I his incar- es and one i wlio told Mr. Silas md. Wit- d received. February, samination. to have no ience. He d this fact Cleveland . The day Mr. Cleve- four times, indictment le saw Mr. and called concerning the 13th. varded his- i cautioned ) evidence, about the from old ace at the intimation g fears of md to tire ling about ion. Mr. He 2 years in re joining ichelor of Captain and ower • wlio was liivigating expense, the Plim- ere was a continued kind to X friendly he vessel ry watch,. sometimes every two hours. He had been at the "West Indies before — at Martinique, when he was about seventeen, and before the mast. It was probably thi'ou^h the influence of his uncle and a stevedore, Mr. Gallagher, that he obtained his position on board the Brothers' Pride. The chart was again produced, o!' which he was unable to point oat the rocks the captain intended to run the vessel. He knew nothing about navigation, but considered himself ca* ble of taking charge of the helm. When rounding Cape Antonio the c .e was N. W, [Chart consulted.] Mr. KeiT, from an observation, was of the opinion the coui'se was N. E. Witness knew nothing of the currents about Cape Antonio, nor of the winds. Captain Tower said to liim, at that time, he was sorry she had not struck on the Cap^. The vessel was rounding the Cape in ballast, and on her way to Cardenas for a cargo. TJie " breakers s head," or when +hey made the ledge, was about ten o'clock at night. How near this k dge was to the Cape he could not state, nor could he sfy at what hour they rounded the Cape. There was a man at the bow, onM amidships, and another at the wheel. On the voyage fron Cardiff, when oiit about fifty days, the captain pointed out to witness on the chart, the rocks on \v'hich he wanted to run the vessel. Witness told his story to Mr. Cleveland last December. From Cienfuegos to Cardenas, the vessel carried a quantity of dunnc go wood, but no skids — they were made after arriving at Cardenas. Thei'e was a good auger on board ; its size he could not state. Up to this time he was never on a vessel that was loaded with sugar, melado or molasses, and had no knowledge previous to this time, how a vessel would smell when loaded with melado or molasses. He was never at Havana or Matanzas. The cays at Cardenas are shallow places that can only be passed over at high water. At high water a vessel can go close to the whai'f. The Brothers' Pride was anchored about three miles from the wharves at Cardenas. The hogshr Is that contained the cargo were apparently a little smaller than ordinary molasses hogsheads. The casks were on the wharves and he supposed came from a wai'ehouse. The lighters carried from seventy-five to one hundred casks each time, and were hoisted in by a windlass. The casks came up sometimes too quickly and were lowered on the deck and then hoisted again into the hold. In this way witness stated that he handled nearly every cask. This time the captain Avas ashore. There were some suspicions about the cargo on the part of the stevedores. The captain did not stow the cai'go, but witness saw him in the hold once or twice. Tlie mate took part in the loading, being in the hold. Witness could not speak Spanish and could not under- stand what the S})anish stevedores said in Spanish. The steward under- stood Spanish. Some of the stevedoi-es could talk English. Between fifty and one hundred casks a day were put on board. The dunnage wood came from on board another vessel. The wood was used for stow- ing the casks with. Tracey Roberts, the mate, would give receipts for the lighter loads. Witness did not hear the captain make any remarks about the material of the cargo. It was called melado by the hands on beard, and the mate signed receipts for melado. He had never suited through water like what was in those casks. All he knew about the stowage was what he could see down the hatch. Down the main hatch, as far as he could see, the casks were stowed fore and aft. A portion of 44 SHIP SCUTTLING TRIAL. ill 5:-; 5 the cargo was stowed athwart-ships. He used the word athwart-ships in liis examination at the Police Court in reference to the cargo. At the Police Court he said the cargo was stowed pretty snug, and that he did not know how many casks were in the wind tier. He did not recollect .stating at the Police Court that the cargo was stowed athwart-ships. He had no previous experience in stowing a cargo of molafises. In the stem tlie casks were stowed athwart-shii^s and close tc where he bored the celebrated holes. He was not present when the captain feigned the bill of lading. Eight or ten casks of the cargo were stowed on deck. The cai'go came from a warehouse near the whai'f. He thought the mate told him that the charter party was getting $5 per hogshead. He recollected the vessel touching her nose when hauling into the v/^harf at Cienfuego.s, He could not say she received any injury. The witness knew nothing about the science of wind or what made them blov,r. It was warm at Cardenas at this time, and he did not know what efiect the heat had on the winds. On leaving Cardenas the wind was blowing N. E. very light. He knew the difference between N. E. and N. N. E. The only rough weather they had was on the night they abandoned her. They left Car denas on Monday ; on Tuesday the pumps broke, and they abandoned her on Wednesday morning. The vessel might havf held more forward and aft. He did not see any cask " busted " or s jiashed up, hoops and heads out. He saw the head of one cask fly out on deck ; the cask was afterwards returned to the shore. Its contents were not swept off the deck, it soon ran off itself. There was a cask with its head out that stood upon its end on deck several days, exposed to heavy drenching rains and a scorching sun. Witness, with Captain Tower and others of the crew, at the office of Mr. Hughes, N". P., in New York, on the 22nd day of May, 1879, made a statement to the effect that he sailed from Cardneas on the 5th May, 1879, in the Brothers' Pride loaded with melado ; that on the passage they experienced a rough choping sea. He signed this state- ment, but did not think he swore to it. If the statment said there was a heavy wind blowing and that the pumps were disabled, that was true, If the statement said she strained and labored heavily, it was not true, He did not recollect swearing before the consul that he witnessed the vessel go down. The crew clamored with the captain to get out the boats about two a. m. Wednesday, May 7th, and had not to ask the cap trin more than once when he yielded to their solicitations. He could not say how much water was in the hold at two a. m. He made a statement before Consul Archibald at New York, and if in this statement he said she had only five feet of water in the hold it was not true. He did not recollect saying before the Na^^al Court that he could not assign a cause for the leak. He did not rycoUect saying to tho notary that the leak increased about one foot pei- hour notwithstanding the efforts made by the crew to stop it. At five o'clock a. m. the vessel had about five feet of water in the hold. There w»is not twelve feet of water in the hold at five o'clock, but when abandoned there was about that quantity in her. At this point Mr. Cleveland spoke audibly, and Mr. Kerr reminded that gentleman that he must not interfei'e; that he must i-eraember he was in a British Court. Mr. Thomson on looking over the witness' evi- dence taken at the Police Court, claimed that Mr. Kerr was misrepresent- the t drow I espec ing woui m SHIP SCUTTLING TRIAL. 45 the testimony, though lie held it in his hand. This brush, howevei- was drowned in a glass of water, which Mr. Kerr drank to the hoalth of all, I esi)ecially, he said, of his dear friends opposite. Witness continued, say- ing that if the vessel had 1 2 feet of water in her wuen abantloned, she would probably sink r.\ about half an hour. Mr. Ken', then, api)ai'ently, soliloquized, to which mode of cross- examination Mr. Thomson objected. At this point the Coui't adjourned; but just previously Mr. John Kerr made an affidavit that Joseph Gan- nalo, an individual necessary to this case, had been airested for taxes, and in his affidavit made an application to have him discharged. In the morning the ])risoner's counsel continued the cross-examination of Howard C. Thomas. Before resuming, the court ordered City Mar- shall Prince to discharge Jose[)h Gannallo from custody. The witness, Thomas, then took the stand and Mr. Kerr i>roceeded to cross-examine liini, with the book of protests in hand. Witne.ss said tho port pump was broken, that the starboard pimip was constantly worked but without decreasing u^ie water in the hold. All hands, captain inchulcd, a.ssisted in the pumping. Just before 12 o'clock, oji Tuesday night, he saw the captain i)ump. Mr. KeiT — Do you know what the Holy Evangelists are? A. The Bible, I suppose. Mr. KeiT — You know that book contains God's commands and in- vokes vengeance upon any person who takes his name in vain by appeal- ing to the Deity under oath. The tiixth, the whole truth, so help you God, is the oath, remarked Mr. Kerr. Witness subscribed to the evi- dence at the protest but did not think lie had sworn to that evidence. If he had taken oath to it he swore to what was partially true and par- tially false. If he said in the protest that shortly after midnight he had sounded the pumps and found 5 feet of water in the hold, that might have been true, if he said the leak rapidly increased that was false; if at the rate of one foot per hour, that was false. The protest was read over to him and perhaps he did swear to it; he did not recollect swear- ing to it. The crank of the pump was broken on Tuesday morning, not the previous night. Any statement of this to the contrary was false. After the pump broke there was hope of saving the vessel. . Mr. Kerr — How was there any hope of saving the vessel 1 A, By going down and plugging the holes up and pumping her out. He did not say at the police court, that if there was 7 feet of water in the hold it would have drowned liim. If this much water was in the hold he could have reached the holes and plugged them. The mate (Roberts) is a better seaman than witness, and did not suggest a way of saving the vessel, in fact nobody suggested a way to save her. The ship was aban- doned 0*"^ Florida — 50 miles from the coast. Mr. Kerr — Did you, as stated in the protest, see the vessel settle over and go down head-first when two miles distant? A. I did not see her go down, but saw her list. If I swore she went down head-firet that was false. He further said that they landed on the foUo^/ing day about 30 miles north of Cape Cmaveral and proceeded through Titusville and Jacksonville to New York. The log book was in the mate's trunk, which was not lost when coming ashore at Florida. The mate's boat 46 SHIP SCUTTLING TRIAL. ■ I 'Mi I •■.-■ was upset in the surf. Hia boat was distant about half a mile. Wit- ness was getting liis boat ready t render assistance to the mate, who afterwards said he came near being drowned in tlie under-tow. This was caused by his act on board the barque, which in half an hour afterwards might have been blown on the coast and smashed to atoms. He did not know of any harbor between Ca])e Canaveral and Jacksonville. From where the vessel was abandoned to Jacksonville was, he thought, about 300 miles, though he did not know that Brunswick would have been about 180 miles, or at what distance Savannah was. At the time of abandoning the vessel she was about 200 miles from Cardenas. If she was under fore and tojjgallant sails the leak would have increased faster. When abandoned entirely the water was one foot over the main deck, and outside the water was level with ihe main deck and within about three feet of the hurricane dock. [A model of a full-rigged vessel, claimed to be a pattern of the destroyed vessel, introduced, uj)on which the witness illusti'ated his evidence to the court.] With that much water in her she would have sunk in about one hour. The distance from the main to the hurricane deck was about four feet. The hurricane deck hold was full of ctisks. Returning to the examination under protest, witness said Roberts, the mate, subscribed his name to the same state- ments in the protest that he did. Mr. Kerr — Have you not had written and printed statements in jail concerning your evidence, the contents of which you have been com- mitting to memory? A. I had ])apers, but no instructions to commit evidence to memory. Mr. Cleveland gave him no printed book of evi- dence to read. The counsel then went into the Naval Court proceedings. Witness re-shipped in the Brothers' Pride, at Cardiff, as second mate and boatswain. He never served in a man-of-wai*. As boatswain, you were probably "bossin" said Mr. Kerr. Witness replied he was "boss" of his watch. He could not describe the duties of a boatswain on board a barque. With the coal cargo she did settle to the Plimsoll mark. He remembered saying before the Consul at New York that they had a fresh breeze on the night of the 5th, but on Tuesday morning that it was blow- ing quite heavy from the N. E., he did not remember saying Mr. Kerr — Now none of your telegraphing to the other side, Avitness, just look at hie. Witness turning his eyes to another point of the compass said, he did not think the wind, on Tuesday morning, was any higher than when they left. There was an ordinary breeze Tuesday a. m. from the N. E. At this time the vessel was making about six knots, and had top-gallant sails set. He never sailed in the Basin of Minas, Bay of Funday. Mr. Kerr — Humph ! I don't know where you have been at sea then. M Thomson objected to prisoner's counsel sneering at the witness. Mr. Kerr in stentorian tones denied that he had sneered. His Honor decided that Mr. Kerr had sneered and begged Mr. Kerr to continue without making comments. Witness believed he had said before the Consul that he sounded the pumps on Tuesday ; that there was a heavy sea running ; that on Tuesday night she was making about three inches ; that at twelve o'clock, midnight, the men were tired pumping and wanted The men talked of danger and wanted the boats out to save whal I'elal the boats out. SHIP 8CUTTLIN0 TRIAL. 47 inilo. Wit- inato, wlio V. Til is was ir afterwards He did not ville. From ought, about 1 liave been the time oi" uas. If she •eased faster, s main deck, k^itliin about gged vessel, u])on which I tliat much istance from rricane deck ider protest, I same state- nents in jail 3 buen com- 5 to commit book of evi- l)roceeding8. lid mate and in, you were 'boss" of his on board a mark. He had a fresh t was blow- de, witness, said, he did when they N. E. At jallant sails xt sea then, witness. His Honor to continue before the as a heavy ree inches ; i.nd wanted out to save their lives, as the conclusion was that the vessel would sink. At the Consid's incjuiry he may have stated that the vessel had six feet of water in the hold at twelve o'clock Tuesday night, and ho may have stated that ho left the vessel about six a. m. in the captain's boat. I^ ho did this was true. Ho may have stated that at the time of quitting the vessel he had on a new suit of clothes. If ho said so it was untrue. Ho said before the Consul that the cajitain took a chronometer, compass, and his own coat, but if he said the crew took nothing but what they had on their liacks it was untrue. Witness did not know whether Captains Young or Hadder- wick were at the Naval Court, but the Consul General, Mr, Archibald, was there. Mr. Kerr — Well, then, you do not i*eraember only nine months ago what you said befoi'e the Consul ] Then, how is it that you so glibly related the testimony in your direct evidence 1 A. That was done. Mr. Kerr — What do you mean— cooked up ] Mr. Thomson objected to Mr. Kerr's words, " cooked up," and His Honor continued the objection and again requested the counsel to make no comments. Witness continued : It thundered and lightened the night they left and he believed he said so to the Consul. He could not say he swore before the consul that he couldn't tell the cause of the vessel leaking. If he stated such to be the case it was a falsehood, a lie " and a perjury," added Mr. Kerr. Over this lattex' quotation Mr. Tliomson and Mr. KeiT had a small feud. Proceeding, witness said, just before abandoning the vessel, she was sailing about six knots per hour " pnd running around like a hen with hor head cut off" soliloquized Mr. Kerr. Witness said they clewed the sails before quitting her and she then went round and round. The witness was further questioned on the evidence he gave at the Naval Court, and partially affirmed and partially contradicted his testimony before that inquiry. He might have stated before the Naval Court that there was no use endeavoring to make port at twelve midnight, Tuesday night. If he had said it came on foggy at ten o'clock, after they quit the vessel, that statement was false. After dinner Mr. D. S. Kerr continued to subject Thomas to a rigid cross-examination on his evidence regiirding the scuttling of the Brothers' Pride. Witness did not recollect whether it was clear weather when they abandoned the bai'que. If he said before the Consul that she sank before they were out of sight of her that was not time, because he did not see her sink. He may have said before the Con- sul that she " chucked " herself. She did list over i)robably ten minutes after leaving her. He did not see her go down, and supposed she had sunk as he stated she had before the Consul. He may have said at the Consul's inquiry that he actually saw her go over as if sinking, but did not recollect saying that he saw her go over. If he swore to this it was false. He saw her go out of sight. He may have stated that the vessel was full, or nearly full, of water when he last saw her. If he did say so it was true ; it was also true if he said he lieard the water swashing about in the hold. Ke might have stated that the water was almost on a line with the decks when leaving her. If he did, it was true ; and if he said they got into the boats about 'midships, or that he saw her go over, that was also true. His statement before the Consul General was, he thought, 48 SHIP 8CUTTLINO TRIAL. P Bigned and confirmed in the presence of v'Iip Consul, Mr. Arclul)ald. At tho closo of this testimony he did not remember I)oing sworn. The Caj)- taiu and mate went in to give evidence before witness, bvjt who followed him witness could not state. [The information taken at the Police Office wiuH produced, and witness identified his signature. The infonnation wr,s made on the 2nd of February, 1880.] Here Mr. Kerr (pjoted from the information. Tho word d«»ix)nent in the information. His Honor stated, was irre<,'ular, and hoped such depositions would not be taken at our Police Court again. It was a chance if the witness, on most occasions, understood the meaning of the word deponent. He hoped the officers of the law would note this in*egularity. Witness continued ; On the night of the 17th of December he saw Captain Brown with Roberts at the Park Hotel. At this time witness was out of employment. Mr. Cowie (in Vroom & Arnold's) introduced witness to Mr. Brown. "Witness was offered payment for his time, and ex])enses to go to New York. On the 18th he went with Brown and the mate in the American boat to Boston for New York, where he saw Mr. Cleveland. For this scuttling offence there was an indictment made against him, witness, and for this offence, you expect to remain in jail all your life, do you not 1 queried Mr. Kerr. Tliis brought Mr. Thomson to his feet and he objected to that mode of cross-examination. You were indicLed at this court on an information made against youi-s^lf 1 asked Mr. Kerr, addressing the witness, who replied that he supposed he had been. He did not say to any jjeraon since the Grand Juiy's bill was found, that if he did not succeed in convicti Tower at this court he would at the next couii. Mr. Kerr — Do you expect to be tried fo . offence in wliich you have criminated youi-self? Objected to by Mi*. Thomson. Mr. Ken- — Is it not your hope and conviction that if Tower is con- victed you will get clear] A. My hope is to get clear as soon as they will let me. He had asked Mr. Cleveland when he would get clear. Mr. Kerr — Mr, Cleveland has told you when you woidd get clear, has he not? A. No, he has not. Mr. Kerr — Did you ask Mr. Aiward when you would obtain your liberty] A. Mr. Aiward said to me "to keep up a good heart." Mr. Aiward acted for me at the Police Court, and I had several whisperings with that gentleman there. He has acted as counsel for me since. I had consultations at the Hotel Dufferin with Cleveland and Aiward. I was arrested on the 3rd February, 1880, and incai-cerated in jail. Mr, Kerr — When do you expect to get discharged from jaill A. I cannot say. Continuing he said he had heard of stowing bilge and guntling fashion, but iie did not go down in the hold to see how the cargo was stowed. Mr. Keri then offered a plan of a section of the vessel. Mr. Thomson objected to its being placed in the witness' hands. The court ruled iii Mr. Kbit's favor, and the witness was examined by the plan in reference to the stowage of the cargo. That two casks lay in the hold athwart-ships he knew, because he crawled over them to bore holes in her. Could not point out the place where he bored the SHIP gCUTTLINO TKIAL. 49 ilHiId. At Tlio Cai>- followed blice Otftcfe nation w(\h (I from the lor Htuted, :en at our occftsions, 1 officers of er he saw mo witne^ss introduced I time, and ivn and the »e saw Mr. nent made I in jail all ^homson to You wei'e I'^lf? asked jed he had 's bill was is court he rt^hich you er IS con- »n as they clear, clear, has tain your rt." Mr. i.sperings since. I ward. I il. in A. I bilge and how the )n of the ds. 3xamined wo casks them to >ored the holes on the plan, Ixicause it did not, in his njind, reMrmblo the vessel. [Addressing Mr. C. A. Palmer, Mr. Ken was informed that Mr. D. J. McliJUighlin, Jr., drew the plan. Mr. Kerr claimed that the plan should Ik) permitted, also that the witness was evatUng the truth. The court could not see it in this light and the plan drawn by the prisoner and a full-rigged model of the banjue were substituted for Mr. McLaughlin's plan.] On the model the witness ]>ointed out the position of the lazarette hatch, or "booby hatch." The air stit^ak continued ill round the ves- sel. There were air streaks under the one lie bored through, abreast of the mizzen mast. He could not swear there were any jibaft the mizzen mast. The casks he stood between to l)ore the holes were lying fore and aft. He did not notice anytliing holding these casks in position- There were no other casks on top of these and he noticed none beneath them. The casks stood al)Out two feet apart. The ca[)tain coulil havo bored the holes if he chose. Witne.ss had never known Captain Tower to act insane, and thei-e was nothing to prevent him bcring the holes himself. He looks like a man who could boro a pretty big hole with an augur. He had never known Captain Tower to act like a madman or a fool. A juryman — How far would these hole.-) be below the water-line of the ship? A. Just above the copper-sheathing, which came up to the light-water line. The holes would be al)0ut two feet below the load- water line. The light-water line was seven or nine feet, lie could not say which. The load-water line was 14 feet. The air spaces were open and he soon bored through > the skin of the vessel and out into the sea. The stream of water strn k witness amidships, and the water stoj)ped when the vessel rose on the starboard tack, the holes coming up from under the water as the vessel rolled. The holes were out of water sev- eral times; he saw them out when he left the vessel. These were the holes in the stem, not in the bow. He bored the holes close to each other, and perhaps 4 feet below the load-line. An attempt was then made to prove what melado is like, and the tins produced by the prosecution, were exhibited. Mr. Kerr tasted the con- tents and declared most emphatically that the article in the tins was not melado, it was more like loaf sugar* The witness, however, could not swear that what the tins contained was or was not melado. A bottle of dark, thick fluid substance was then exhibited to the witness, who said the sample was not like the melado that composed che cargo. He saw one cask of the cargo broken on deck and in the material which run out of the cask he washed his clothes. The fluid ran out of the scuppers slowly. He was in his barefeet and trod on the clothes in the fluid as it lay along the rail. He always understood that bilge water was good to wash clothes in. There was a bi'oken cask retunied to sh re under the mate's oi-ders. Mr. Kerr then said he wanted to have a little touch at the morals of the witness. Mr. Kerr — If the captain ordered you to murder a man would you do it? A. No I would not. Mr. Kerr — What is the difference between murdering a man and murdering a ship? Witness did not answer. Mr. Kerr — I suppose you would steal if the captain ordered you to. You know that you have lied, lied., lied 1 A. No, sii*, I would not. 50 SHIP SCUTfLINU TRIAL. ill!: •lii •If I. I f •I;! i s;^ JNIr. Kerr — Did you not know you were doing wrong in 'x>ring theso holes'? A. No, air, I did not at the time. \\ itness continued : It wa8 not customary to treenail holes b(!tween timbera. T)ie captain gave him a plug to jiut in one hole, and he found no difficulty in putting it in ; the plug was about six or eight inches long. Four or five hours after first leaving the vessel he returned with the steward and fired the vessel. He first left her about ';ix a. m., and before twelve a. m. he and the steward had fired her. At this [joint the counsel claimed that, the vitness was in the act of telegraphing across to the other counsel. Mr. Kerr said he had luid intimation) of the fact from several gentlemen about the court. Mr. Thomson m^ked for an explanation of Mi. Korr's insinuation. Mr. Pugsley and Mr. Alward denied having any communication with the witness, Mr. Cleveland also denied signalling with the witness, and turned his head iniother way. The witness then resumed. The vessel, he supposed, wa.s hopelessly gone when she was set on fire, but before that they coidd have saved her. The court then adjourned until morn- ing, when the counsel for the pri:(mer continued the cross-examination of Thomas. After leaving the vessel the first time he i-eturned to her was about eight a. m. He did not then sound the pumps, but did so at twelve o'clock, noon, and found about twelve feot of water in the hold. This was the time he set fire to her. The accomplice recited again how the firing of the vessel was efiected ; ho>v he made chips, poured oil over the cabin, forward cabin anrl forecastle. I'he fire went nice. He knew an individual named Andrew Johnson, and may have had a conversation with him in Captain Tower's woodshed, and may have stated to him a difi'erent version of the loss of the vessel to what he had related l^eforo this court. He may have stated to Johnson that the Brothers' Pride was old and rotten and leaky, and that they were always jiumpivig her, and may have stated to Johnson tluvt there was a gale of vdnd before she was abandoned. Andrew Johnson may have asked him why the vessel was not ruri closer to the shore. He might have stated to Johnson that the bp rque was waterlogged, and that the niate's boat was \ipset. The vessel made considerable water on her way from Cardifl'. She groiuided befoi'e I'eaching the cays, when sailing from Cardenas, and remained grounded about three liom-s in the middle of the day. At this time she was sub- stantially loaded. The vessel was in p'ovt at Cai'denas about three weeks, and exposed to a hot sun. He had no converaation in July last that he recollected, with a man named James C. Johnson, on Magee's wharf, St. John. He was on this wharf with a man named Cai'dy Johnson. He could not recollect talking to this man about the Brothers' Pride. This closed the cross-examination and Mr. Tliomson opened the re-exami- nation and offered as evidence some correspondence between Mr. Cleve- land and witness, in order to show that there was no secret intimacy between the witness and Mr. Cleveland, and to ve\}el insinuations made by Ml'. Kerr concerning Mr. Cleveland. Mr. Kerr objected on the ground that it was impossible for his case to know that the lettei-s pro- duced were all that were written. In refervence to the letters witness replied ^to Mr. Ken* that he had these lettei-s in his i)0cket during his cross-exannnation. He had also three other lettei*s in jail. These lettei-s witness fetched from jail and produced them in court. He produced two SHIP SCUTTT.ING TRIAL. 51 I'iug these cl: It was gave him it in ; the after first ssel. He B steward ess was in rr said he the court, ion. Mr. with the tness, and 'he vessel, Jilt before ntil iiiorn- lination of :,o her was ) at twelve old. This n how the 11 over the e knew an nvereation 1 to him a ited Ijefore lers' Pride upiug her, before she the vessel nison that The vessel ded befoi-e ffrounded e was sub- •ee weeks, St that he wharf, St. ison. He is' Pride, re-exami- Mr, Cleve- intiniacy ions made 3d on the ettei-s pro- VH witness during his ese lettei-s »duced two received before his indictment and one after. The indictment was on the 14th March. Mr. Thomson resumed the examination. He (Mr. Thomson) would put them in iis evidence without knowing their contents. Mr. Kerr objected to the lettei-s 'oeing submitted as evidence. The objection was overruled, however, and the first letter was read : — Mr. H. C. Thomas: New York, February 18th, 1880. Dex party will do all they can to annoy you and depress you ami t^y to make you ntract what you have said and frigliten you. All you liave to do is to liave nothing to do with tlum, talk with no one in the jail for yoa will be sure to have it falsified. Tower knows that lie is in a very bad place and will do all he can to get out of it, and will not let such things as lying stand in his way. Meantime you do as Mr. Alward says, he is a jHsrsou on whom you can rely. I shall be at St. John before long. •;-■ • r,i . V, .y; ;h .•.:,. -iii'i Yours truly, The second letter wa? as below : — , - , Mr. Howard C. Thomas: — T. CLBVEL4ND. New York, March 5th, 1880. Dear Sir : — I received yoar letter of the 2nd March to-day. Do not despond for I think we shall entirely be able to bring Captain Tower to justice. It is the policy (if all such people to endeavor to brow beat or discourage the witnesses against them. You have only to remain firm in the truth and I have no doubt that the tmth will prevail. Yours truly, ' Treadwell Cleveland. Evident the policy and purpose of Captain Tower and his counsel is to make you despondent ; to talk of penitentiary, etc. for you, freedom for him. We have but begun and all this talk is bluster. I believe in the supremacy of truth, and I thoroughly believe that you have told the truth. Do not oe worried by what they say on purpose to annoy. The third letter was read as follows : — Bangor, M.^rch I6th, 1880. //. C. Thomas:— Dear "jlr : — The trial is fixed for the 29th March ; so you will not have much longer to wait. I want you to begin and draw a careful plan of the cabin. ... , ■ .-:^.^ -..-■•■■- '. -- T, C. Cleveland. Three other letters were then read as evidence, and Mr. Kerr argued that they should not be admitted as evidence. He strenuously objected, and asked what right Mr. Cleveland had to write to a Crown witness in jail. The letters are patent k) eveiy .nan in court and have a power and influence that is very visible. Mr. KeiT intimated that the jury had l)een discharge and that ii was the intention of the Attorney Genei*al not to try Thomas. Mr. Pugsie)^ answered Mr. Kerr, and said he had no orders to say that Thomas would not be tried. Mr. Kerr claimetl that the Attorney Genei*al was neglecting his duty. His Honor said that he had discharged the jury and was accountable for that act. At all events Thomas could not be tried at this sitting. After an exhaustive harangue about the atlmissability of the second lot of letters, the Jiulge decided they were admissable, though he would subject the evidence to Mr. Kerr's objection. These lettera were read as follows: — 52 SHIP SCUTTLING TRIAL. 'i , V, New York, March 19, 1880. Mr. Hoviard C. Titomaa: — Dear Sir: — I have wiitten again to those Digby people and asked them to write to you, which I hope they will do. I have sent to Mr. Alward a number of ques- tions which I wish him to ask you particularly. You will be careful not to let that man in the cell with you see any of your papers. Be doubly careful these few days before the trial. Yours truly, Treadwell Cleveland. Are you drawing an accurate and careful plan of the cabin? Mabch 28, 1880. H. G. Thomas:— Dear Sir : — I came to jail to-night but found that I could not see you. It is now impossible for me to see you till Monday. I will see you on Monday. You must know that it is the object of those persons to annoy you and to give me all the trouble they can, their only hope being through such plans. Be strong, be patient and the truth will conquer. ^. ,, Yours, T. Cleveland. Hotel Dufferin, St. John, N. B., March 29, 1880. Dear Sir: — I find that for some reasons or others not yet ascertained, it would make too much fuss for me to apply to see you yet. Our adversaries have only one hope, the pitiful one of trying to make the jury belive that this is a plan con- cocted by you, or by me, or by some one, and in that view of it, I am just as well satisfied that I do not see you. You have only to recollect what I have so often told you, speak the truth boldly. You have your rights on the witness stand, and you will have the sjnnpathy of all right-feeling men, if they see that you are now telling the truth without fear or favor. There are a number of new matters that I have named, that I would like to ask you about, in order that the questions could be put to you by Mr. Thomson more concisely. But it will be all right in the end. If you know about them you will, of course, speak fully. Your cousin is here, and he will corroborate you, that you told him all about the scuttling long before I ever saw you. I rather think that this evidence will destroy Ca^jtain Tower's proposed plan to shew that this was a matter of spite in you, or a matter of conspiracy between you and any one. I know you are in a trying position, but all you have to do is to be patient, and firm in the truth. . ' Yours truly, / ' •■ ^' Cleveland. Some fiirthe • conversation took place about the lettera, during wliich Mr, KeiT said that when Mr. Thomson arose a veiy wide door was opened to him. His Honor — I did not think you would make that charge against me Mr. Kerr. Mr. Kerr — I have made no chax'ge against you, Your Honor. You are one of the very best judges on the bench, and we are proud of you. I am a British subject, and as such, stand here for my client, and will plead for him if the blood was running from my veins, I am sincere in my case, Mr, Thomson then continued liis re-examination. AlVitness had never directly nor indii-ectly had any oflFer from Mr. Cleveland to give evidence in this case. "Witness and Captain Brown had conversa- tion about the vessel, at the Park Hotel. Witness proceeded to New York on the 18th December, at the request he supposed of Mr. Cleve- land. Mr. Vroom paid liis passage to New York. SHIP SCUTTLING TRIAL. 53 9, 1880. n to write r of quea- y of your VELAND. >8, 1880. fovL. It is and to give Be strong, Jleveland. 29, 1880. id, it would I have only a plan con- just as well ive so often lympathy of hout fear or [ would like [r. Thomson rou will, of that you think that this was a one. [jatient, and EVELAND. fing wliicli ivas opened against me nor. You ud of you. and will sincere in "W itness Bveland to i conversa- ,d to New Mr. Clove- t Mr. Thomson — Coolly, then you knew that you were going to New York to make a clean breast of this thing 1 Mr. Kerr — Indifferently, now, now, "clep.n breast" and the court ruled the question out. When he arrived at New York he with Roberts and the captain went to the Eastern Hotel. It was at Captain Tower's request that he went before Mr. Hughes, the notary, but did not remem- ber making a sworn statement to or in presence of that gentleman. The captain told him that he would h«,ve to be examined before the Naval Court before being paid off. The witnesses were examined before the Naval Court separately. There was a paper read over to him at the ex- amination before Mr. Hughes. Mr. Kerr had questioned him (witness) about what he stated at the Naval Court. Mr. Thomson — What induced you to state that the evidence you gave at the Naval Court was untrue 1 Mr. Kerr objected in a lengthy speech. Mr. Thomson asked the court to keep Mr. Kerr within bounds. Mr. Kerr — If Mr. Thomson thinks his witness is clean he makes a mistake. The judges of the court should uphold the sacre(lness of an oath. Mr. Thomson said the witness had a right to say why he had made this statement. It Avas a part of the case for the Cixjwn. That Captain Tower had ordered the scuttling of the vessel, and that he attempted to cover it up afterwards should b^ shown up from beginning to end. The prisoner has been, it appears, equally guilty of perjury and scuttling the vessel. The insurance companies had paid these witnesses for their time, and it was cleai'ly fair and right that they should. Mr. Kerr asked again to be heard about the dreadfulness of Mr. Thomson's statements. Mr. Thomson wants to take away what little character and liberty his client has through the insurance companies and through that dreadful thing thei-e, ^ minting to the witness in the box. His Honor rebuked Mr. Kerr for such observations. Mr. Kerr continued and said he trembled, felt shocked and distressed. Theie was little justice here. His client's mouth was closed. There is one thing that man is endowed with, it is a great safety valve, and that is shame. The witness has acknowledged that he lied, lied, lied, said Mr. Kerr, and shame should be his master. The witness confesses having committed an enoi-mous crime, and says he not only murdered the vessel but ran the risk of murder- ing the dtew. Mr. Thomson's question what hsd induced the witness to state at the Naval Court what was untrue was admliced subject to Mr. Kerr's obj**ctiori. Witness signed the protest to keep the captain out of trouble. The cap- tain told him he would have to go before the Naval Court, and before entering the court the captain said to say she was leaking, she went down quick, and that it was blowing. He then followed the captain's direc- tion's and went before the Naval Court. made the statements before the Consul merely to clear the captain. . was two ' ' three days after the inquiry that he left New York. The ves.sel touch i her nose in the soft sand at Cienfuegos and ran on the flats at Cardenas. These ground- ings did her no appai-ent harm. The cfjurt then adjourned and after dinner Mr. Thomson continu jd his •w '. 54 SHIP SCUTTLING TRIAL. m fti r-laced under the wdieel of the winch on top of another piece of deal. When lowering, the upper piece of deal was levered against the wheel as the velocity of the cask required. There was a man who attended to this lever. He was a Russian and his name was Trisinski. The stevedores were peoj^le from the Island. He thought he could recognize one of them if he saw him. [One of the stevedores (Melien) was brought forward and witness recognized him.] Witness had seen this stevedore about three weeks. This man was present on board the vessel during the ten days they were loading. Thfiy would sometimes bring out sixty casks and sometimes seventy at a time in the lighters. A part of the cargo was taken on board about seven or oight miles from where the first part was taken on board. The c:isks in the hold were stowed fore and alt, commonly known as bilge and guntling fashion, and about four tiers froni the bottom of the hold to the main deck. There were some between the main and hurricane decks — about one hundred and seventy odd casks. There we."e eight hundred and sixty-three casks on board the vessel when she sailed. The casks were medium mateiial casks and had vent and bung holes. The bung hole is the largest. The vent holes wei-e two to each cask and alongside the bung holes. The casks were neither new nor old, and of different shapes. The casks came up pretty light and when rolled on the deck had a swashy sound. One of them on going down the hold struck on the keelson and burst, the lever of the winch wheel in charge of the Russian having slipped. Both heads came out of the cask and he saw the contents run out. It was a material thinner than molasses and of a dark color, and had a bilge water smell. The material ran over the hold and the cask was returned to the deck and sent ashore. The melado in tins, the same as that shown to the accomplice, Thomas, was shown to witness. Mr. Kerr objected, and his objection was noted, and witness continuing said, the material out of the cask that bui-st was not like the crystalized material in the tin. It SHIP SCUTTLING TRIAL. 57 t and for it. iberecl )08ses- room He 1 miles ore at denas. and a about on and aft the 3 cargo t three means d with vessel, lie were ered to I on top eal was There is name thought ivedorea less had II board netimes ers. A 11 where stowed d about iYG were red and jaska on iiil casks 'he vent le casks came up One of le lever Both It was a jfe water ,d to the hown to ted, and ,1 out of tin. It did not sm-jll like it. (The seven specimens witness examined and placed them to his nostrils.) No. 'seven sijecimen, in a bottle, witness said }ij)proached in color nearest the contents of the cask, but wjus in substance thicker and did not smell like the cask material. Some of the ca-sks would leak more than others when taken on board. The leaks were about the heads. About twenty or thirty leaked in this way, as far as he saw. He has never seen a s'..bstaiice that he knew was melado. One cask exploded on deck and close to where he was standing at the time. It was up-euded before the contents ran out. The material that ran out of the cask was about the same as that which was spilled in tlie hold. The inside of the head of the cask was clean ; there was nothing attached to, nor deposited on it. He did not see Thomas wash his clothes in the article that ran on deck, "^e u])- ended cask I'emained on deck for several days. The stevedores would sometimes damage tlie cjusks in prying them aronnd. The captain was sometimes ashore and sometimes aboard when the casks were being ti-ans- ferred on board. Witness saw him in the hold of the vessel, giving directions about removing a cask, and having it stowed differently, to better advantage. The captain was in the hold generally once each day, and talked about getting as much cargo in as i)ossible. The vessel was stowed well up forward on the ground tier, in the usual way vessels are stowed. There was a spjice left on the top tier. There were four tiers. The fourth was about five feet i'voni the bow ports. The second and third tiers went as far forward as they could conveniently go. The T. 0. Jones was lying near the Brothei-s* Pride. She hailed from Liverpool, N. S., and was bound to New York, he understood. He saw Thomas start one night from the Brothers' Pride for the T. C Jones. Mr. Kerr objected to this evidence and the coui't consented to reserve the point foi- Mr. Kerr. Witness saw Thomas leave for the T. C. Jone a couple of nights before the Brothei's' Pride sailed. They left Cardenas on Monday. It was about 8 o'clock at night that Thomas went from the vessel to the T. C. Jones, having in his possession a trunk which he placed in a boat along side the Brothers' Pride. There was another man in the boat " .less had seen the trunk since then on board the Yar- mouth boat when on his way from Boston to St. John. He could not re- member the name of the man in the boat with Thomas. The trunk was in Thomas' possession on the Yarmouth boat. This was in the month of May. The vessel just after leaving Cardenas for outside the Cays touched on her bottom. The rise and fall of tide at Cardenas is between 3 and 4 ft,, and the vessel laid grounded three or four houi-s. When the tide rose the vessel floated off. There was no sea and the vessel laid «asy. The Cays are, witness said, small reefs of coral. The plimsoU mark on the Brothers' Pride was pretty well defaced. The vessel drew about the same amount of water she did with the coal cargo in, about 14 ft. They sailed on a Monday morning a 5 o'clock. The captain started to go ashore on Friday afternoon and returned to the vessel on Suntlay night with Thomas. They were away Friday night until Sunday night at 12 o'clock. He had the vessel pumped on Saturday afternoon and found the water that came out of her was of a dark material, similar to that which flowed from the broken casks. The wind on Monday, at the m SHIP SCUTTLING TRIAL. 0^ > !:■ time of sailing, whs S. E. and during the day they made nl)OUt six knots an hour. The wind at 10 o'clock that morning hauled E, N. E. and l)Iew tine and fresh, and continued all day a whole sail ))ree'ze. They were then on the starboard tack, the wind continuing in the same quar- ter, E. N. E. and continued on tliis tack until they abandoned tho vessel. She was under full sail all day Monday ; they lost sight of the land a1x>ut nine a. in. on Monday. There were two pumi)S on Ixwird ; they com- menced to pmnp on Monday, a. m. His watch [)umped between 8 and 12 that p. m. From 4 to 8 Tuesday, a. m., his watch and himself were pumping steadily, and at the lattta- hour the pum])s sucked, there })eing no more water in her. On Tuesday, a. m., the wind, he thought, was N. E., and tlie weather the same as on Monday, clear and tine, the breeze whole ^il and a little cho])ping sea. He made no soundings of the pumps during this time. Tuesday forenoon was his watch l)elow. He again came on deck Tuesday noon and found the wind E. N. E., and the weather unchanged, and all sails set ; could see the sun. He i*emained on deck until 4 p. m., ar>.i c^aud on until she was abandoned. When he came on deck Tuesday, noon, he saw the second mate, Thomas, who was at the pumps. There was only one pump, the other was broken, he having found it broken when he came on deck Tuesday, and othere with Thomas were at the pumps when he came on deck. He sounded her on Tuesday at 4 p. m,, with a piece of marling line attached to a bolt. Marling line is a piece of seasoned stuff of hemp material. After sound- ing her he found eighteen inches in her. The water that came out of her then was clear. At the close of his watch all hands came on deck and remained on deck until she was abandoned "Wednesday, a. m., about 6 o'clock. From 4 o'clock p. m., Tuesday, until 6 o'clock the following a. m., the weather was line, the sea the same, a slight swell, the vessel lying natural. He had been in the Gulf Stream before several times. In the month of May the weather is genex-ally tine in the Gulf Tuesday night aiid Wednesday morning the pumps were going continually ; Thomas frequently sounding them. Witness sounded them at midnight and found four feet of water in the hold. After this the men were frightened and seemed to think they were going down in her, and asked to have the boats j)ut out. On Tuesday p. m., he examined the bow poiis to see if he could find the leak. He went below the main deck and remained there three or four minutes finding no leak, but the smell musty and dis- agreeable. He examined no other part of the vessel for the purpose of finding the leak. At 3 a. m, Wednesday the boats were put out, the wind having somewhat subsided. He knocked the men off" the pumps and got the boatf, out, and, after doing this, the boats lying astern, all liands went agai.. to the pumps. He could not say how much water there was in the ^ .^a at the time of the abandonment — 6 a. m. Witness had four men in his boat and the captain had four. Thomas and Hall went ill the captain's boat. He had also in his boat a trunk which contained his things and the ship's log book ; also some pro vj '■ions. The captain's boat was quite full. After getting in the boats they rowed around her. She had then her top gallant and royal sails clewed up and topsails set. The water then outside was about a foot below the humcane deck, liiey remained in the vicinity of the vessel until about ten a. m., the vessel SHIP SCUTTLING TRIAL. # vessel sailing in any and eveiy direction. At this hour Thomas, Hall, and another, ho thought, boarded her, witness and his men keeping their boat. He did not hear Hall and Tliomas receive any ordei-s when they went on board. He saw them go forward and return aft. They remained on board about fifteen minutes and quit her, again going on board about eleven a. m. They went aft, down the lazarette and thence to the cabin ; thence to the forecastle. At this time fire was issuing from the cabin and larazette. The court adjourned for dinner. In the afternoon spectatora crowded the court room to hear the con- tinuation of the tral of Captain Towei. The mate of the Brothei-s' Pride again took the stand, and went on with his evidence. Mr. Alward con- ducted the examination cf the witne.ss, who, resuming his testimony, said he saw the fire on the vessel first coming from the larazette, aft, which was situated abaft the after house, and on the left of the humcane deck. It was a place inside, aboui four feet high and seven feet from the after partition of the cabin to the stern jx>st. He did not notice how the cargo was stowed in the stern. The w. c. was on the port side of the cabin, near bulk head and the larazette hatch on the opposite side. The fire burnt upwards pretty well aft, then it commenced forward, and ran up the rigging, sails and topsails. The crew remained aboiit in the boats an hour or so after she was fired. "Witness noticed holes on the starboard bow and water coming out of them. He noticed these holes after Hall and Thomas went on board, and about five minutes before she was .set on fire. He could not say how mixny holes there were. He put up no signals of distress. He did not lighten the cargo betoi'e abandoning her. There were some casks on the hurricane deck, about fifteen, which were stowed fast with planks. These were not rolled ofl'. It was about thii-ty minutes from the time the men said they were tired until the captain ordered the boats out. The boats were in a good state and were repaired at Cai'diff. They finally rowed away from the vessel about two p. m., and lost sight of her about an hour later. There was quite a swell on and she was considei-ably listed. They then put off for the coast of Florida. Wednesday night was rainy and squally, and sometimes the boats would tow along together. They reached the coast of Florida aboxit five o'clock Thursdsiy p. m., and landed at about thirty miles north of Cape Canaveral. His boat was upset when near the shore, and it was some minutes before they rescued themselves. The other boat came ashore afterwards all right, and both were hauled up and made tents of for the night. He saved his trunk and the log book, which got damaged a little. The book was aftei-wards taken to New York. Next morning they looked about for signs of habitation and soon jn'oceeded to Titusville, a distance of fifty miles, proceeding down the St. John River. They afterwards proceeded to Jacksonville, thence to New York and thence to St. John, amving here in June. He then proceeded to DigV)y and returned to St. John in September, when he sailed from St. John to Ireland in the R. W. Wood. He returned to St. John some time in the following December, a1x)tit the eighth or ninth. He then saw Captain Tower sevei-al times, on the street, in his own house and at the St. John Hotel. They spoke of different things. At the hotel he told the caj)tain he had i-eceived a letter from Mr. Cleveland while in Ireland, which requested him to pro- 60 SHIP SCUTTLING TRIAI* ceed to Now York. The ca[)tain futked witness if he wanted to get him into trouble 1 The captain said Mr. Palmer wanted to see witness at his otKce, Ijiter, he saw Mr. Chiw. Palmer who wanted him to sign some l)ai)er and lusked him how long he would remain in the city. Mr. Palmer wanted to know of witness how many casks of melado were in the vessel. Witness saw Captain Tower after this in Thomas' company. They, the three, went out of the St. John Hotel and had a drink, and next morn- ing witness proceeded to New York. He saw Mr. Cleveland there and liad several conversations with that gentleman. Ho went before a notary in New York in the month of May and signed a document. This docu- ment he had not seen previous to attaching his name to it. He did not remember the document being read over to him, nor of being sworn. Three or four of the crew could not speak English. They were in Mr. Hughes, the notary's oliice, about fifteen minutes, and i)revious to apjjcar- ing before Mr. Hughes, Cairtain Tower asked witness if the otliers of the crew would sign without any trouble. The Russian, Tnsinski, did not come to sign it and gave, as far an he knew, no reason for refusing. Witness was before the British Consul and was examined by him. The captain went before the Consul tirst, witness next and Thomas after- wards. Before a])pearing before the consul the captain told witness that he would have to make out that there was very heavy weather and that the vessel was not carrying too much sail. It was in the hall the captain said this and Thomas, he thought, waa present. All liands were talking about it. The log book at this time was in witness' trunk in New York. The captain was aware that the log book was in his trunk. The cjt[)tain said that witness would have to say that the log book was lost They were paid oiF a day or two after the naval inquiry. He received $5 previous to this on account of wages. Tliomas and witness, after the naval inquiiy, came to Nova Scotia. In New York the captain and Thomas boarded at the ji]a8tern Hotel, witness stayed on board a vessel. They had no ballast with the cargo of coal, and took three or lour boat loads of dunnage wood on board at Cienfuegos, The stone ballast was in large pieces. He left the log book and trunk at Lyon & Besnard's, 34 South Street, New York city. T. C. R. is marked on the trunk. On Tuesday, at noon, they could have returned to Key West, which was distant about one hundred and twenty miles, and on the .south coast of Florida. When the vessel was abandoned they were about three hundred miles from Cardenas. The captain made no j)roposition to return and did not consult with him about trying to save the vessel. The night she was abandoned the captain said to witness it would not do to proceed too far before leaving her. This closed the mate's direct examination and Mr. Ken- commenced the cross-examination. Previously, however, wit- ness telegraphed to New York for his trunk, it being the desire of the court to have the log book. Witness continued : He was friendly with Captain Tower. From the time he joined the vessel until he abandoned her, the captain and he were always on friendly terms. He was not jealous of the second mate, Thomas. Sometimes he was a little cool to the captain. He felt the same towaixl Captain Tower, when he saw Cai>- tain Brown, as he always had. He saw Captain Brown on the 17th December, and proceeded to New York the next day, and so did Thomas. or SHIP SCUTTLING TRIAL, Gl He received $26 a month and his hoard, but lias received no $500. He has recoivc'd from Mr. Clevehind .S^O a month since sometime in January, also his l>oard. He has been l)oardin^ at the St. John Hotel, where he [)aid $5 per week. His expenses were paid to New York. Tlie firat letter he received from Mr. Cleveland was in the fii-st part of December. He saw Mr. Cleveland in New York frequently, and on no other busi- ness than that connected with the Brothei-s* Pride. He has received the sum of $50 a month and his Ijoard from Mr. Cleveland since January. He has no promise, nor hiu, he received any other sums from Mr. Cleve- land. He and Thomiw aiid Cleveland canu^ to 8t. John from New York on the 28th January, and made an information at the City Police Court. [Information produced and identified by witness.] His 8usi)icion8 about tlie cargo were aroused by the swa.shing of the contents of the ctisks. He received the cargo and gave receipts for each lighter load at each time signing for melado. He did not say that the captain knew whether he was receiving melado or not. Some of the casks would I'oll heavier than othera. He could not say that the prisoner had any knowledge of melado. It was received at $5.25 per cask, and eight hundred and sixty- tliree casks at that i-ate would be a good freight. He did not know of other vessels at Cardenas getting $5.50 for sugar f .Torth of Hatteras. He was never at Cardenas before and has no j)orsonal knowledge of melado. When at Cardenas the weather was fine and summer-like. He possesses a master's certificate which is in New York, and in the posses- sion of E. M. Patchell, 43 Exchange Place. He received his certificate in 1 867 in London, where he was examined and i)as8ed as master. He did not recollect saying he had the log book when the Police Court investigation was going on. He did tell them at the Naval Court that the log book went down with the vessel. On Wednesday morning the captain could do nothing more than leave her ; he could not save her then. Had they attempted to return to Cardenas they would have encountered the Gulf Stream one way and the wind another way. They abandoned the vessel because she appeared to be in a sinking condition, and to all Intents and purposes lost. The way she was making water at the time> it would have been im^iossible to have made Brunswick, a port forty miles from the place of abandonment. Even had they worked the pumps vigorously it would hardly have been probable to get the vessel to Brunswick, Savan- nah or Jacksonville. At the time they abandoned her, Jacksonville ■would have been about one hundred and seventy miles distant, Bruns- wick, Georgia, one hundi'ed and forty miles. He g&ve evidence on oath at the Consul's inquiry. He thought he had been asked at the Naval Court whether he could have kei)t her afloat so as to reach Jacksonville or Savannah by working the pumps vigorously. He presumed he answered that he did not think he could. He probably said to the court that Jacksonville was one hundred and forty miles, Brunswick one hundred and eighty and Savannah two hundi^ed utiles from the place whei-e the vessel was abandoned. He thought it was right to abandon the vessel when they did, though before the abandonment, he projiosed no way of saving the vessel. He did not hear any peraon propose a way to save her. Havana was to the westward of their water-logged position and distant about three hundi'ed miles ; Cardenas to the eastward was ^omas. ■■ ^J Wf* MtM 62 SHIP SCUTTLINO TKIAL. also al)oiit tliree hiuulred luilos. He could not say tho vesHel received any iniuiy by tjucliing at CardemiH, A chai-t was tlien placed in witneKs' lumd an<' tho 'elative j^sitions of the alwivo mentioned towns calculatiid ii])on and jiointed out. Tlio Htrength of tho Gulf Stream off Elliott CJajJO, witness said, is aUout two knots m' hour. It is not four knots. Accord- ing to tho theory the stream nins faster with a N. K. than any other breeze, but to his pei-sonal observation it did not. He has Ixjen through the Gulf Stream about thiity times. Mr. Ken- — Give me your notes that you have been taking here in conii; since tho case opened. Mr. Thomson objected to Mr. Kerr's imperative style of cpiestioning the witness. Mr. Kerr — Give me the notes that you were reading before you came into court ; hand them out, hand them out now. A. I have no notes and took no notes. Mr. Thomson — I have yet to learn by any nile of law that a witness has not a I'ight to take notes if he wishes. To f y at the Avitness as Mr. Kerr haa just done and say ha! ha! ha! fork out those notes; to snatch them from his pocket, as it were, is a scene that should be prohibiteil in court; Mr. Kerr's advanc3S towai'd the witness are indecent to say the least. ]VIr. Kerr — I feel for Mr. Thomson and his degi-adation. His bravado will not do and if Mi-. Thomson takes such a high stand there will be trouble. The Chief Justice could not see any improiiriety in the witness taking notes. Nor your Honor, said Mr. Ken*, in my jisking him if he did? His Honor concurred with Mr. Kerr. The book of protests was then j)ut in witness' hands and he identified the several signatures of the crew attached to the protest made before the notary, Mr. Hughes, He could not recognize ^iiat gentleman who ■vraa in court. He went before Mr. Hughes fo: a particular purpose and to sign what was called a jn'otest. He signed his nauio to this docu- ment but could not say that he swore to it, nor could be .say that he saw the others of the crew swear to it. After a vessel is lost it is the duty of the captain and crew to make a jjrotest. At the inquiry before the notary, he did not say the vessel sailed well equijiped and proAisionecl from Cm-denas to New York. He was never before in a castaway ves- sel. A cargo of melado or sugar is not a hard cargo on a vessel. The vessel lay three hours aground with a full cargo. He could not say that the vessel then stai-ted a butt. He did aot examine to .iscei-tain if she did. He had heard of a vessel called the Silas Alwar**, and heard she had been abandoned on a voyage from Cardenas to Ne^v York. When the Brothers' Piide gi'ounded she had all sails set, and was mailing along two or three knots an hour. She maintained her position in the water after she grounded, as the tide was rising. She grounded veiy soft. It being six o'clock, the court adjourned until the morning at 10 o'clock. In the morning Mr. Kerr, senior counsel for the piasoner, resumed the cross-examination of the witnei«, Ti-acey C. Roberts. The book of i)ro- tests was again taken up and w^itness questioned closely concerning the .statements in this document that he signed. He may have said, at the SHIP SCUTTLINO TRIAL. G3 lived luted cord- other •«)iigh covirt oning came notes ritness as Mr. snixtch ited in iay the (lavado will be 1 taking did? proteHt infiiiiry, that at G a. in., on tlie inoniing of the ubandoninent, the veHsel hibored heavily ami that a heavy Hea was nmninj^. Tt' ho Kuid this, it wiw HubHUiutially tnie. If ho HubHcribed to the follow- ing;: Wind increawed until iu)on, when it wu« blowing' a heavy northerly gale, with very heavy cross st^i, in which the vessel lalwred heavily and strained — that statement was fjdse. If he said this heavy weather con- tinued luitil about 8 p. m., the vessel contuiually laboring and straining severely, such a statemet't was false. He could not say ho swore to the ft)rfcgoing sentence, though he sulwcribed to it. Ho thought he had said that the piimiw were regvdarly attended to, and also that the vessel was making considerable water; also that the crew were at the pumps during the night, and the wind wtis blowing fresh from the north-east. These .statements were partially true and partially false. It was tnie that the crew Yas constantly at the pimips. He said that May 7th came in fresh, and that the ship labored heavily ; this was untrue. If he said the leak was rapidly increasing on the pumps, that wa« time; if lie said there were 5 ft. of water in tlie hold Tuesday midnight that was nearer the truth than otherwise" He did say that notwithstanding all ettbits made by the crew the leak increased at the rate of one foot per hour. This was substantially true. It was false if he said the vessel had 1 2 ft. of water in her hold at 5 o'clock Tuesday a. m. There was then about 8 ft. in her. If he said the crank of the port pump broke during the night that was false. It broke in the forenoon. If he said that from Tuesday forenoon until the succeeding forenoon the jmmjjs were continually worked that was true. Witness then went into an exj)lanation from the chai't of the winds, ciments of the Gulf Stream, and relative position of the Florida coast from the sjjot where the vessel was abandoneil. Had the vessel been run ashore on the Florida coast the night she was abandoned she would have gone to pieces, cargo and all. She would have grounded 5 miles outside the high water mark. The l)ook of protests was again taken up. If he said at the protest inquiiy that when about two miles oti' they saw her settle over on her side that wjis true as she was acting in a sinking manner. If he said she went down head first that was false; if he said she disiijjpeared, she did — to view, and receding he sup- posed she did go down. Witness' deiwsition at the city police coui-t was then gone into and a seai"ching examination followed. Concerning the log book witness sjiid he told Mr. Alward, one of the counsel, fii-st about it and he never made it knowu to any of the counsel previous to yester- day that he had saved the log book. Of this he was positive. He had not concocted his evidence previously to going before the city police court. He did say at the protest investigation that the protest was ex- tended fi'om memory, the ship's log book being lost in the breakers on the coast of Florida. This statement was false. Mr. Kerr then pro- ceeded to re-examine and qxiestion the witness ujjon tho Consul's Naval Court investigation. Witness said he signed the deposition he made before this court of inquiry and swore to it. He presumed he signed his testimony before this court after he had testified. His Honor reminded Mr. Kerr that he had asked all these questions yesterday. "God bless my soul and body," replied Mr. Kerr, "I only made a preliminary examination ot the testimony." Mr. Kerr then 64 SHIP SCUTTLING THIAL. continued to question the witness ihore pai-ticularly upon the testi- mony. If he said loefore the Naval Court that the logbook was lost on the beach at Florida, that was false. The court then adjourned for dinner, after which spectators occupied all available space. Resuming Mr. Kerr questioned the witness upon the relative positions of the air streaks of the vessel, and announced that he had recently raade a practical examination of the interior of a sailing vessel, and wished it to be understood that he was now posted in ship lore. One casl witness said, exploded in the hold; "that is," said Mr. KeiT, extending his arms, "it got so big inside that it 'busted,' and the contents were pumped into the sea to sweeten the fishes' tea." (Audible laugh.) Witness con- tinued, the vessel was well stowed aft and reasonably well forward, and larboard and starboard all the cargo was put into her that could be. The vessel leaked some coming out from Cardiff, leaked more than a new ves- sel would and was not newly sheathed at Cardiff. Such a vessel as the Brothers' Pride would be generally classed as a leaky old vessel. She drew 14 ft. while in the dock at Cardifl* but would ))robably be more buoyant when she got out to sea. Mr. Kerr then sgain took up the Naval Court proceedings and re-questioned the witness closely concern- ing his testimony before that court. All hands, the witness said, includ- ing the captain, pumped the vessel on Tuesday. She was a pretty stiff vessel and did not pitch or roll any. He did not state before the Naval Court that the pump was one of Wilson's make and of iron material. If he stated that, at 2 a. m., there were 10 ft. of water in the hold, that was a lie, there was only half that quantity. If he said she had 12 ft. of water in the hold at 6 a. m., and just before they left her, that was false — a lie. There was not 11 ft., nor 10, nor 9, nor 8, there was about 6 ft. in her. When he quit her at 12 o'clock the lower deck was even with the water. Mr. Kerr reminded witness that he said, yesterday morning, there was 8 ft. in the hold at 6 a. m., and that now he had brought it down to 6 ft. Some dispute followed as to the fact of Mr. Kerr's assertion, but reference to the Chief Justice's notes confirmed the assertion. The vessel was set on fire at about 1 1 a. m. on Wednesday. When he rowed around her he saw holes in the bow port, and water pouring out of them ./hen she would lise on the waves. This concluded the eighth day's proceedings, it being 6 o'clock. In the morning Mr. Kerr resumed the cross-exaininatlu of the mate Roberts. If he stated before the Naval Court that vessels, leaving a port where the weather is very warm, make some water wh jetting outside, that statement is true. If h i stated that the bow ports were between decks, that was wrong. If he stated the men lived in the deck house, that was true. If he stated that the cargo was stowed right up to the stern between decks, that was true. It was tnie that the port lasiiings were all good and secure. He did say before the Consul they did not carry mxich sail so as to ease the leak. That was incorrect. The vessel carried all sail. Putting the naval proceedings aside witness said he ordered the boats out. He did not advise the captain to go further, nor did any person on board do so that he knew of. He possesses a certificate as master, but did not have it with him because he had not thought it would be re- quii'ed. Resuming the Naval Court proceedings witness said he did not SHIP SCUTTLING TRIAL. 65 Desti- 3t on I for ming • the ide a I it to itness arms, i into i con- c\, and The )W veil- as the . She J more up the oncern- includ- tty stiff } Naval mterial. lid, that ,d 12 ft. •hat was IS about ifaa even esterday le had of Mr. ■ined the liiesday. water )ncluded ing Mr. \e stated weather emeut is that was as true, between all good mich sail all sail. ;he boats (erson on iter, but [id be re- e did not d say before the Consul he was in the hold looking for the leak. He was in tlie hold on Tuesday aftei-nocn. He was not down ihe hizarette. There was no other way of reducing the leak save by the pumps. The logbook was kept by witness. Tlie captain may have looked at the book after ler.ving Cienfuegos. He signed a statement that the logbook was lost in the sui-f off' the coast of Florida. This was not true. He said nothing about ihe logbook at the police court inquiiy. He was not asked about the logbook. He did not say yesterday that he made no entry in the logbook from the time the vessel left Cardenas until .she was abandoned. Thev had the Russian Trisinski in irons 7 or 8 day '^n the voyage out from Cardiff. He was put in irons because he refused to work. Jerry Spline also refused to work and was \nit in irons, but knocked under and went to work the next day. The Russian was not fastened aft so that he could not come forward to the forecastle. He had not m\ich hesitancy in starting this ball of persecution. He had not been on imfriendly terms with the caiitain. Whether it was his duty to go before a notary with the captain and crew to enter a jnotest he did not know. He had not been educated up to that ])oint. It was his duty to know what he was signing Ijefore the notary. In this par- ticular he did not do his duty. If he swore to it he swore false. Mr. Kerr — It was perjury then? The (piestion was overruled. Witness continued and said it was his duty to swear truly. He could not say he saw Captain Geoi'ge Simjjson in thf. Eastern Hotel on 1st January, 1880. He knows a man named Captain Simpson and saw this gentleman about the above hotel about the time mentioned. He might have had a conversation with Simpson. Thomas was at the hotel at the time. Mr. Kerr — Did you say to Simpson on New Year's day, 1880, that vou were not waiting for any vessel now ; that you had a chance to make iiioney now and would pitch lionor to the winds? A. I did not say all this to Captain Simpson. I may have said some of it. Witness then corrected himself. He had no recollection of such conversation. Mr. Kerr — Did you say that the underwriters were paying you $5 per day, and $2.50 per day for hotel expenses, and that you could get board in Brooklyn for $1 per day ? A. I did not say these words to Captain Simpson, and did not tell him that I was not going to sea any more. Mr. Kerr — Did you have a conversation Avith Mr. Chai'les Palmer before you went to New York 1 A. Yes, I had. Tl;e court adjourned for dinner, after wliich witness said he did not tell Mr. Charles Palmer that he (witness) was to receive $500 for going to New York and swearing that the cargo was not melado. Mr. KeiT — Did you at any time in December, 1879, tell Mr. Palmer in his office that you wei-e getting any i-eward, and what reward, for sa)- ing the cargo was not melado, and that the loss ^vas not a fair loss, or words to that effect t Witness — I did not. Continuing, he said he did state before the Naval Court that he joined in making the pi-otest on Wednesday. He did say before the Naval Court that they kept the vessel in sight until two or three miles distant from her. This closed Mr. Kerr's examination of the witness, and Mr Pugsley opened the i-e- 66 SHIP SCUTTLING TRIAL. examination of tlie witness. IVIr. Pugsley aslced the witness to state the identical conversation ^lekl with Mr. Chai'les Palmer. Mr. Kerr objected, but His Honor concluded to receive the evidence, and ijroceeding, witness said he was in Mr, Charles Palmei-'s office and saw the gentleman who wanted him to sign a paper, and wanted to know how many casks were in the vessel. . •;: Mr. Pugsley — Why was the amount you received from Mr. Cleveland changed from $'2Q to $50 per month 1 Mr. Kerr objected to this question but the court overn;led the objection. Witness said that when the change in pay was made he was in New York, and was offered the position of master of a vessel at $50 a month. This fact he communiciited to Mr. Cleveland, who then increased his pay. This vessel was the barque Providence, belonging to Guy, Bevan & Co. She was bound to Cienfuegos and thence to Philadelphia. Witness then came to St. John and appeared at an investigation at the St. John Police Court. Mr. Pugsley asked witness what communication he had, and if he had any communication with Mr. Cleveland. , . , . „, Mr. Kerr objected. ' Mr. Pugsley argued that Mr. Kei'r's questions had been directed to endeavor to discover a conspiracy between witness and Mr. Cleveland, and it was desirous to make the j)oint clear. His Honor favored Mr. Kerr's objection, and witness continued : When he stated he had suspicions that the vessel was destroyed by the hand of man, he meant that she had been bored. Mr, Pugsley — Do you know if the prisoner saw the contents of any of the casks'? , ;. ; Mr. Kerr objected, and His Honor agreed to resei've the point for Mr. Kerr, though, at the same time, receiving the answer. Witness said the captain saw the cask that was open on deck. Most of the casks that he handled had a swashy sound. Stai-ting a butt, witness said, was spring- ing the planks of the vessel from the treenail fastenings. To His Honor — The vessel's depth from lower deck to keel was four- teen feet. If he said before the protest inquiry that the vessel vvas stowed lip to the stem that statement would have been senseless. Mr, Pugsley said his object in such a question was to show the inaccui-acy of the evidence given before the notary. The witness was then questioned about the log book. He had heard the prisoner say he had been at Cardenas previous to this voyage. Mr. Beste, a commission merchant from New York, was examined by Mr. Alward, and said he had been dealing in melado for the last 25 yeai-s. He knew what melado was. Mr. Kerr at this point objected to the evidence. Mi\ Beste, he said, j)resented a very respectable appearance before the court, but he (Mr. Kerr) could not see how this evidence about melado would effect the case against his client. He felt that it woxxld be iniquitous on his part if he did not resist such testimony. His client was employed to con\ey a certain article from place to place. He conveys the article, signs a bill of lading for it and delivers it up. What earthly business, asked Mr. SHIP SCUTTLING TRIAL. 67 the snce, and :now jlanxl 2tion. New louth. s pay. &Co. s then Police lie had cted to veland, ; When hand of if any of for Mr. said the that he |s spring- ras foiir- is stowed Pugsley ly of the ted ahout JardenaH Examined [e last 25 he said, [he (Mr. Effect the his part jO com ey Igns a V-ll sked Mr. Kerr, is it to my client what that cargo was? What the cargo was is a matter concerniiag the l^ uyer and seller. His Honor replied that he could not see that the evidence was so entirely irrelevant as to admit of its being shut out. He would, howev(^;r, reserve the point fur Mr. Kerr. Witness continued : Melado is undr lined and iinpurged sugar and lieavier than molasses, about one poimd heavier to the gallon. When poured into an air-tight cask it becouies almost solid. He did not come down here sis a witness in this case. He came down on other business. The different samples shown to the [jraceding wit- nesses were shown to Mr. Beste. An article in a small ))ottle, No. 7 .specimen, he said was melado, but of poor quality. The article in No, 2 specimen he termed " tank " bottom in quality. No. 1 specimen also looked like " tank " bottom and was biirnt. The fact of burning makes it gummy and prevents it crystalizing. No. 5 specimen l.e pi'onounced melado. This specini' was shown to the jury. No. (i si)eoimen he jn'onounced also of goi iiality. Mr. Thomson — If Mr. Kerr said it was loaf sugar — 1 Mr. Kerr — Stop, stop, now, I object to that. The question was unanswered. Witness continued, and said Nos. 3 and 4 were good speci- mens of melado. The large bottle. No. 8 specimen, offered by tho defence, he pi onounced as not being good melado, in fact not melado at all. One of the characteristics of melado is to have a grain. Melado is shipped in tight nnlado hogsheads, which are smaller than sugar hogsheads. After being put in a cask it becomes hard, and has on the i:oi) of it a liquid like molasses, six or eight inches in dejith. This liquid is similar to boiled molasses, and would be difficult to identify if taken away from the cask. Melado is made by the sugar cane being boiled to a gi-anulating point, or point of crystalization. It is then poured into these casks while hot and allowed to cool in them, and forms into solid pieces. Such parts as do not crystalize remain liquid on top. In other Avords it is sugar and molasses combined. It is difierent from Muscovado sugar in that the molasses in the sugar is allowed to drain out. Melalo is unj; ii'ged Mus- covado sugar. A cask of melado will weigh about one thousand eight Imndred pounds. A cask of good melado when rolled shoiUd not swash inside. It must be of .' ery poor quality to do that. MeUido is sold by weight. Mr. Ki ii- wanted it undei'stood that he objected to all this evidence. Witness co. iriued : Melado is worth noAv 5| centf. per lb., and last May, as far as he ould remember, it Avas worth 5 cents \)er lb. These are wholesale pri s. Th jre is an export duty upon melado in Cuba ; 3 J reals per lb. e-^ lals 1| cents American or 3| shillings per ^ cwt. Mr. Thomson — Would a cargo of eight hundred and sixty-three casks invoiced at $36,'i39 be a good or poor cargo 1 Witness could not state without calculating. A melado cask will hold about one hurwh'ed and fifty gallons U. S. measure, and each gallon will weigh twelve j»ounda, and was worth in May 5 cents per pound. Water weighs 10 pounds to the gallon and molasses 1 1 pounds. Melado casks will leak if badly coopered, at least the liquid portion of it will lun through very slowly. To get at the article a head had to be taken out of the cask. He never heard of melado exploding. Molasses will explode in a hot atmo»i)here. 68 SHIP SCUTTLING TRIAL. A mixture of molasses and water will not explode as readily as molasses, of which only the best quality will explode. Sun heat will not liquify melado ; it will diy it out. The cask, melado and all will weigh about one thousand nine hundred and fifty pounds, A vessel could not carry as many sugar hogsheads as melado hogsheads. Molasses hogsheads are foi-tytwo inches long and thirty-four to thirty-six inches bilge. Melado is always put in tight molasses hogsheads. Mr. John Kerr cross-examined the witness. He would swear that the contents in No. 8 specimen was not melado. Melado casks are regular molasses casks. He could not say a melado cask is one stave shorter than a molasses cask. He has }aad no experience in making melado. He only knows from commercial knowledge. The largest sugar hogs- heads come from the north side of Ciiba. The heads of the south side of Cuba hogsheads ai'e thirty-four inches ; on the north side they are thirty- six inches. To Mr. Thomson — He has seen the manufacture of Muscovado sugar. This completed Mr. Beste's testimony and documentary evidence was then offered in the Brothei's' Pride's bill of lading dated at Cardenas 2nd May, 1879. Mr. Kerr objected to the evidence. His Honor, however, accepted the evidence reserving a i)oint for Mr. Kerr. The bill of lading stated that the cargo consisted of eight hundred find sixty- three hogsheads of melado, shii)ped by Washington & Co. to Eicardo Acosta, New York, the freight on the same being f 5.25 per hogshead. It was signed by the prisoner. The court adjourned until morning at 10 o'clock. Whe:. the court opened in the morning Mr. Pugsley announced that he had received, by express, Roberts' trunk in which he supposed was the log book. He asked that it be produced by the officer who had it in charge. This was done and it was opened by Koberts. Mr. Kerr thought it was quite out of the question to produce the log book. Mr. Thomson said that the prosecution had to get at the facts link by link. On what principle can Mr. Ken* say the log book cannot be shown? If it was shut out it would be a virtual admission on Mr. Kerr's part of the guilt of his client. He did not know what new develojmients might yet arise in this trial for new facts were coming to light daily. " Surely your Honor will not imperil my client's life," said Mi". Kerr, " by allowing this witness (Roberts) to be put on the stand again — this man paid to give testimony — who related his horrible perjuries on the stand, who swore there were not any entries made in the book from the time the vessel left Cardenas. As the head of this court and the criminal law your Honor should give some protection to my client." Mr. Thomson replisd in regard to Mr. Kerr's insinuation that the witnesses were paid b); the i)i'os' cution, and repeated his previous remarks. He referred to the rumors regarding the case, and that the newspai)ei's had published one rumor about a sum of money being deposited to cany on the prosecution. He made an attack on the press and denied the rumor. He even threatened to ask the committal of the reportera, and asked the court to suppress the publication of comments dunng a trial. Mr. KeiT denied that he had cix-culated a single rumor regarding the case, "but" said he, "suspicion haunts the guilty mind." • -v . /,,.;. SHIP SCUTTLING TRIAL. 69 Kerr, — this lou the lom the dminal ling the His Honor said that the publication of minors in the papera regarding the case was highly improper. No connuents should be made on the case but the ( vidence only published. Jurors shoxild be imprejudiced, and persons should not make observations which would in any way iufluence the jury. In regard to the counsel, he wished they would not make any remai'ks iipon the witnesses. He (His Honor) had nothing to do with the fact whether the witnesses were j)aid to give testimony or not, or whether this case was a conspiracy or not. As Roberts stated on the stand that the log book was still extant he would allow him to go on the stand again and produce the log and pi'ove it. Tkacey C. Roberts took the stand again. He stated that, previous to this morning, he lixst saw the log book in Januaiy in New York. He identified the log book as that belonging to the Brothel's* Pride. He had charge of it from Cardiff to Cienfuegos, and tlience to Cardenas. Also from Cardenas to the time of abandonment. He saw it when he came in court this morning. [Mr. Pugsley here oftered the book in evidence.] Roberts was then cross-examined by Mr. Kerr and stated that he never told Mr. Cleveland anything regarding the log book, and did not remember whether Mr. Cleveland asked him if he had the log book. [The log book itself was taken out of one of the dunnage bags belonging to the mate that was inside the trunk. The tnmk in which the mate alleged the log book had been brought from the vessel was also produced.] Witness said lie may have put it in the bag in New York. Witness identified the writing all through the log book as his own. There were dates in the log book of Monday, May 5th, 1879, and Tuesday, May 6th, 1879. The entry on Tuesday was made before noon. The entry on Monday he could not state when he made it. The witness then pro- ceeded to state the difference between nautical time and civil time A nautical day begins at midday. Tuesday would begin at noon Monday. There are twenty-four hours in a nautical day. The book was never out of his trunk and never laid upon the top of the safe in Besnard's office, New York. Mr. Kerr — Did you not say yesterday that you made no entries in the log book between the time of leaving Cardenas until abandoning the vessel 1 A. I may have said so ; I do not remember ; I may have said that I made no entry in the log book since the abandonment of the vessel. Mr. Kerr — Is your memory so bad tliat you cannot remember your oath from day to day? A. You ask me so much that — "Stop, stop," said Mr. Kerr, " that is not an answer to my question." Witness, after some further hesitancy, said he did not remember saying he had not made any entries after the abandonment. A nautical Wednesday would begin on Tuesday. The entries in the log book of Monday, May 5th, 1879, and the following Tuesday were read, and the witness proceeded to state the practice of making the entries from day to day. Tuesday, nautical time, he said, began at noon on Monday. The entries show the transac- tions up to noon on Tuesday, civil time. At noon and 4 a. m. previously the crew were constantly at the pumps. The book, witness said, showed the vessel sailed 7 knots an hour, viz., wind 4 knots and Gulf Stream 3 knots. The whole log book was then offered by Mr. Pugsley as evidence. Mi\ Kerr objected. The other voyages, he said, were entirely irrelevant 70 SHIP SCUTTLING TRIAL. to the case. It will be May, he said, before we get through with the case if such extensive evidence is admitted. His Honor said at present he would not receive any portion of the log book other than that concena- ing the voyage from Cardenas. Mr. Thom.s ju argued against HLs Honor's judgment in the matter. It was a part of the case for the Crown to have the whole of the log book submitted. Mr. Kerr — Oh, do not say part of the case for the Crown ! Mr. Thomson continued to advocate his objection to the ruling of His Honor. Mr. KeiT claimed that the evidence and the combination that produced it were alike extraordinary. His Honor internipted Mr. Ken*, for whom he would reserve the jioint at present. Mr. KeiT then })roceeded to cross-examine the witness. The pumps broke on Tuesday morning. At noon Tuesday the i)eople were constantly at the pumps. Mr. Thomson commenced the re-examination of the witness, who said the teiin people means the watch. " People constantly at the pumps " is a nautical phrase, a technical term. At this point the entire contents of the log- book were admitted as evidence. His Honor coming to the conclusion that he would do so before the mate left the stand. He reserved a point, however, for Mr. Kerr, who then said he would not cross-examine the witness upon the contents of the book written j)revious to the departiu'e of the vessel from Cardenas. He was peifectly helpless about its con- tents. The clei'k then commenced the reading of the log-book, a record from the time tlie vessel sailed from Cardiff, arrived at Cienfuegos and thence to Cardenas. The reading occupied some time and Avas not fin- ished at the time of adjournment for dinner. In the afternoon the court- room was crowded with spectators, their ntimbers being more than any other day since the commencement of the trial. When the court opened the clerk concluded the reading of the vessel's log. Geo. Henry Hall, steward of the vessel, was called and examined by Mr. Alward. He said he was born in Annapolis, N. S., and is 25 years old. He knows the i)risoner and fii"st became acquainted with him when he joined the vessel at- Cardiff. Witness shipped as cook and steward. The vessel had 10 hands all told. He knows Howard C. Thomas, who was second mate, and joined the vessel on the 27th December ; she sailed on 1st or 2nd Jamiary, 1879. He saw the captain and Thomas together in a restaurant at Cardiff. They were all the time together when he saw them. They were very intimate on the voyage from Cardiff to Ci- enfuegos. The night the vessel sailed from Cardiff the captain called Thomas and a gentleman belonging to Cardiff down into the cabin to have a diink. Witness was in his own room at the time. The intimacy continued until he left them in New York. On board the vessel the captain and mate dined at the fii*st table and witness and Thomas at the second table in the cabin. From Cardiff to Cienfuegos they had some rough weather during the first part of the voyage ; the balance was tine. The vessel was laden with coal ; they discharged at Cienfuegos and then proceeded to Cardenas. On the voyage from Cienfuegos to Cardenas he heard while below the cry of "breakers ahead." This was after they had rounded Cape Antonio. He came immediately on deck and found the vessel in shoal water. It was a clear night and the coral reef was SHIP SCUTTLING TRIAL. 71 ears Avlien wai'cl. who ailed tlier n he ;o Ci- called lin to hiiacy il the at the some s tine. 1 then las he they found jf was plainly visible, and as they came round ho could see the breakers I'oll. He could not say what tack the vessel was on. He had a chest — bought it from Capt. Tower after leaving Cienfuegos ; he had also an ulster. The captain asked liim if he wanted to buy an ulster, in the presence of Thomas. He jmrchased the ulster for 816, and afterwards bought the chest for an additional dollar. They were lying in the Bay at Cardenas. Witness was the only one ashore there. The captain went ashore almost every day. Thomas was ashore almost every clay with the captain. They took on boai'd a cargo at Cardeni\a. The stevedores were Cubans. One of them, present in court, witness identified. His name was given as Don Jaun Melian. Melian was there almost every day the cargo was being loaded. Witness speaks a little Spanish. The captain gave orders about th(! stowing of the cargo, and ordered the witne.>is to tell the steve- dores not to stow tiie cargo too far u}) in the eyes of the vessel. Some of the cargo was taken aboard outside the inner grounds. He has been in the West Indies before and has seen melado previous to this time ; saw some in Cienfuegos in 1872. When on board a vessel he saw what was said to be melado. The cargo of the Brothel's' Pride was in casks ; one of them was on deck. He could not remem])er the smell of the article ; the contents of one cask was run over the deck. It had a foamy look and was like beer. There were no lum})s. The eight specimens of melado in the possession of the court were then shown witness, who coidd not compare the substance in the casks with the si)ecimens. The crew washed their hands in the substance in the casks. He washed a pair of pants in some of it, taking the material from a cask up-ended on deck. He took two buckets from the cask and probably more. This cask came on board the same day that he washed his pants. It stained his pants a nasty yellow color from a light gi'ey color. It made them a " gi-eenish yellow." He then himg his pants over the side of the vessel into the water but the greenish yellow held fast and he threw the pants away. He knows Geo. Kiley and saw him on board the Brothers' Pride at Cardenas. Eiley belonged to the T. C. Jones and was in company with Howard C. Thomas. The T. C. Jones was anchored not far from the Brothers' Pride at Cardenas. He saw Thomas take a trunk from the Brothers' Pride to the T. C. Jones. It was Thomas' owti trunk and he brought it out of his room. He knew some of the conteiits of the trunk, which were books and a cruet stand. He saw the trimk since in jail in Thomas' quarters. In hauling out from the ])ay at Cardenas to the cays, the Brothex-s' Pride grounded and remained aground about ton houi-s. At the time he saw thick muddy water all roinid the ship. The ca})tain was aboard, and went fishore the same night, Friday, from the cays. Thomas Avent with the captain, and ho did not see them again until Mon- day morning at 5 o'clock. They sailed that same day, early in the morn- ing. They had a fine day on Monday ; no heavy seas. The vessel had only side lights, but the glasses were all smaslied and they could not use them. At Cardenas he told the captain, on the day they sailed out to the cay's that these lights were smashed. The captain said they did not want any side lights, as they would only be five or six days going to New York. Witness made no reply. 'The weather was fine on Tuesday, the second day after sailing. He did not notice the men pumi)ing on Tues- ;<<':>«•: n SHIP SCUTTLING TRIAL. day. It was liis duty as steward to keep the lamps in order. He did not. know of tho accident to tlie ]nnni)s. In tlie afternoon of Tuesday he remembered going to his own room, but not to the caj>tain's cabin. [Phui of cabin, drawn by Thomas, shown to witness.] His room was on the jwrt side of the vessel, and close to the captain's room, and both rooms were connected with the deck by tho same companion way. The captain's room ran the whole length of thn cabin. His room was next to the w. c. The witness then drew a plan of the cabin and explained it to the jury. On Tuesday afternoon he went to his room and could see into the w. c. ; lie went down the foi'ward companion way. In the w. c. he saw Captain Tower and Thomas. The w. c. was only large enough for two men to stand u[) in. As soon as Captain Tower saw witness he slammed to the door of the w. c. ; he was within ten feet of them when he saw them in the w. c. Witness then went into his cwii room and returned to the deck. On Tuesday night the weather wa^ firie and thei'e was no })itching ; he went to bed about 9 o'clock. Thomas woke him uj) about 12 o'clock, proceeding to the deck he found the men pumping. It was then a fine, bright night. Witness pumi)ed and the men pumped ; he heard the men ask the captain to get tlie boats out. The captain said all right ; what's to be wil' l)e, and he gave ordei"s to the mate to get the boivts out. Two boats wei'e i)ut out. Witness got his things ready — the ulster, his shirts, a suit of clothes. The captain took every thing he had excepting his bed, witness helping him to put them in bags. The day before leav- ing Cardenas the captain had some clothes rolled iij) in a Union Jack ; this bimdle was put in a bag. The mate's trunk was taken into the boat. They had no trouble in boarding the boats. They took some provisions, biscuits, fish, ])reserves and a little rum. Rummaging the drawei-s in the cabin, Thomas found some photographs in a drawer ; they were photo- grai)hs of two ladies. The captain asked afterwards where they were. Witness said he hadn't them. Later the cai)tain took the pictures from Thomas, and afterwards threw them overboard. After this v«!rythiiig ; his meinory is l)a(l on homo jKiints ; sworo at the I'olico Ottict) that the book handed to him by the cajitain, and which the captain afterwards throw ovorboai'd, l(M)kod liko an account book. Tho Hpocinions of nutlado wore then shown witness and he identified No. 1 Kpociniou as nu^lado, at hmst ho had been told it \\ as ; from his own knowledgii ho coidd not say it was melado. The court adjourned for dinner after which "witness continued : His wages from Mr. Cleveland begun aftei- he arrived at San Francisco, or in the early part of Febniary ; receives $35 a nionth and 85 per week for his board, h(» suppo.sos as long as ]Mr. Cleveland ro(|uii'es him ; has no agreement with Mr, Cleveland. He was, ho said, examined before the Naval Court and made his statement )»y himself, and to which, he thought, he had made oath ; the inquiry consisted of questions and answers. If he swore at the ])rotest incjuiry that it was blowing hard on Tuesday, May Gth, thai was false ; if lie swore there that ho took his turn at the j)umps and afterwards made coffee for the men that was true. Ff(^ did swear, and it was tnie, that ho did not know the depth ov water in her hold ; also, and that after getting away half a mile she went right down ; he swore at the protest that she had iill sail set when she went right down ; that was false ; he never was in the lazaretto ; he did swear that rough weather pi-evailed all the time after leaving (Jardenas ; that was false. Proceeding witness said, he belonged to Granville, the other side of the ferry ; about half a mile from the bridge ; he had not been home for ten yeai-s ; he could not swear that his parents were living and did not care if they were living or dead ; he was on his own hook now. Here the witness refused lo answer a question, and His Honor threatened to commit him. '"he bridge is over the Digby Kiver froni Granville to Annapolis ; one end of the bridge is in Annapolis. He had not to leave home for some offence ; never ilid a wrong act in his life ; hesitated about answering a.s to where the bridge was, because he did not want his parents to know about this ti-ansaction. To Mr. Thomson — He left home in 1869 ; his j^ai-ents ne\er took any interest in liim since leaving liome ; left home of his own accord, and without their knowledge ; went away because he wanted to see the woi-ld ; was well treated while at home. To Juror Sancton — Witness .said the bridge just referred to was be- tween Annapolis Village and Granville Village. [At this point no little commotion was caused in the court at the witness' positive assertion about the bridge, many of the spectators hav- ing pereonal knowledge of the locality and affinning that there was not now and never has been a bridge between the two villages.] Juror Letteney said the nearest bridge to AnnajKdis was at Bridgetown 15 miles away. Mr. Thomson had the floor, and said that he woidd ask for the com- mitment of the i)erson who suggested Capt. Letteney as a juror, he hav- ing expressed an opinion about the trial before he became a juror. Mr. Thompson continued his re-examination of the witness, who said he told Mr. Cleveland that he had signed some paper in New York of which he did not know the contents. He also stated that he had told I'' 78 SHIP SCUTTLING TRIAL. Mr. Cleveland lie was before the Consul, and that the captain told liini {witness) what to say at these investigations. The false statements made at the Naval Court, witness said, were made to him by the captain. The i)rotest was read over to him ijretty i-apidly. To Juror Sancton — Witness said he was 15 years old vvdien he left home, he lived then in Granville, N. S. It was in 1869 lie left home. To His Honor. — Witness a,pi)lied to the Consul at New Yoi'k for his wages before the Naval Coui-t incpiiry was held.. The Consul refused to pay him until after the inquiry AViis held. To Mr. Thomson — Witness was before the Consul Ijefore making the protest to obtain his wages C. E. L. Jakvis was called and sworn : He is agent for the Anchor Marine Insurance Company and as agent has been in the habit of issu- ing policies. He had heard of the barque Brothers' Pride and effected an insurance on her on or about the 22nd March, 1879, for the Anchor Marine Insurance Co., for the sum of $1,500 for a voyage from Cieiifue- gos to the north of Hatteraa. Mr. Kerr objecte I to this evidence as irrelevant. He claimed that there was no cliarge of fraud in the allegation and his client knew nc- thing of the insurances. On the other hand Mr. Pugsley claimed that the evidence concernilig insurances was admissabie. Mr. ThonLson said he would show that the vessel was insur:> 1 for at least ,f21,000, and three times her value. He would show lluit the result of the scuttling act was to prejudice the insurance companies ; that money had been near the hands of the captain for committing the act. Mr. D, S. Kerr replied to Mr. Thomson, fie most steadily, specific- ally and negatively would resist such ai'guments. His client was charged with a crime tl.at demands liberty and even life, but it was unfair to double the chargf). His client had a load upon him ; was charged as a felon, his mouth was closed, the insurance companies against him, also an array of able counsel. His client Wiis innocent yet, however, it must be pioved. Mr tion to the God hates, and yet," said Mr. Kerr, " Thomas, who is indicted as an accomplice, and has perjured himself on two occasions, is allowed to give evidence against my client." Mr. Thomson said if there was any wheat in Mr. Kerr's argument it was .surrounded by so miich chafi' that it was completely hidden from view. Mr. Kerr said he knew the case was very objectionable to his learned friend, and he knew that gentleman would like to say, " old Kerr, your'e a fool." He met a man who said that if it could be proved chat old Mr. Palmer had written to the captain to scuttle the vessel, Mr. Palmer should be committed to the Lunatic Asylum. Continuing, Mr. Kerr said that Mr Cleveland knew exactly the material he wps dealing with when he tcoi. the depositions of the mate and second mate. It seems, .idded ho. li dreadful thing that any man should have connexion with such iudividuals, who lie whenever the occasion suits them. He con- remembered. He might be called a felon, but that must be . Kerr continued to argue, at considerable length, his objec- insurances being admitted iis evidence. " A lying tongue SHIP SCUTTLING TRIAL. 79 liini ents tain. left onie. IT his ed to gthe iichor issu- feeted nclior eufue- d that ew nc- d that I for at at the l)anies ; iiig the pecitic- lavged uiViiv to fed as a m, also ver, it lust be ohjec- tongue as an wed to ment it !U iVoni learned yonv'e lold Mr. 1 Palmer ir. Kerr iig with seems, lou with [e con- tended that Thomas' evidence was worthless, and not to be relied upon. He referred to the case of Rogina vs. Sparks, 1st Fos. and Fin. p.^ge .388, and added that Thomas should not have been allowed to give evi- dence before the Grand Jury, and if he could confirm this ])oint the case then breaks down. His Honor ruled the evidence admissable, when the couii; adjourned till morning, when ]Mr. 0. E. L. Jarvis resumed the stand. He knew the Hon. Mr. Justice A. L. Palmer, (The apjjlication of one of the ov.-ners of the vesiscj for insiirance on her was presented. It was referred to yesterday.) The aijplication he never saw .signed. He had seen Justice Palmer write, and believed the signatiue attached to the application to be Judge Palmer's. To Mr. Kerr — He had seen Jiidge Palmer attach his signature to an np})lication for fire insiirance. Mr. Jarvis then stood aside and made room for Herbert Pike who sa5;1 he is in the Maritime Bank a: ' was there in 1879. Mr. Pike then rett.i.red to his books to ascertain wnat exchange took place between the bank and (!)aptain Tower. Mr. Kerr objected to this evidence, and Mr. Thomson replied. jlr. Kerr claimed the bill of exchange, the document itself, should be produce;!. It could not be proved by the means the prosecution proposed. The document was in the hands of somebody, even if in a foreign land. Mr. Kerr read Boscoe, page 1 3, to prove his assertion, and added, if the document itself could not be })roduced, a certified copy could. The Chief Justice admitted the evidence, however, subject to the objec- tion of Mr. Kerr, Mr, Pike referred to the books of the bank, and turned up to the 25th of June, in the collection bill book of 1879. To ]Mr. Kerr — He was discount clerk in the bank at the time of the ti'ansaction. He could not say he ever had any transaction with Captain Tower or even seen Imn before to-day. After some further preliminary exauii ation of the witness by Mr. Kerr, the direct examination was continued. In I'eferenco to drafts for collection his duty is to enter in a book by whom drawn, on whom they are drawn, where payable, endoi-ser on whose account, the date, the term, when due and amount. This he takes from original bill. The bill wa.s drawn he recollected on some place in the West Indies. Looking at the book he found the drawers were in New York. It states the bill was sent to John J. Cisco & Co., New York, agents of the Maritime Bank, for collection. The book does not state that ilie money went to the credit of Captain Tower. The draft was never paid. The drawer was Lotus J. Rodriguez. It was drawn on Louis Morey, jr., & Co., but who in favor of the book did not reveal. Witne.ss took it on W. H. Tower's account. It was for.S3,738.31, dated June 17, 1879, and was to run 60 days. It never went to the credit of anybody. The draft came back to the bank and was handed to Captain Tower on the 22ud August, 1879. There was no deposite made of the money that he knew of. Witness said it was not his duty in Jane, 1879, to take deposit slips. It was either the duty of Wm. L. Busby or Daniel L. Watery to take dei^osite slips. At this point Mr. Kerr made another objection to thu evidence an'^ after some V, 1 ^mmmm SHIP SCUTTLIN(} TRIAL. argument brought Mr. Tliomson to liis feet. He spoke of satisfying a respectable jury of the prisoner's guilt. Mr. Kerr — Do yoxx infe'- «hat this jury is not respectable? Ml'. Thomson said he declared he never spoke of the resjjectability of the jury. He had nothing against the jurymen except one and he woidd deal with him hereafter. His Honor asked Mr. Thomson to mak( no c mments u])on the jury. Mr. Kerr then ai'ose and defended the jary whom, he said, would con- sider well the testimony of the prosecution's rotten, perjured witness. The clerk then read the I'ecelpt from the book : — No, 4(543. St. John, N. B., August 27, '79. llecei\«;il fiom the Maritime Bank L. J. Rodriguez's i-ioinissory note due June for §S,7oS.31 lodged by me for collection, ('barges $1.33. (Signed.) Wm. H. Toweu. The witness then stood aside, with tlie understanding that he would be called again. Allison Wishart was sworn and examined by Mr. Alward. He is m the collcctioi; department of tlie Bank of New Brunswick, and was there in 1879. It is his duty when Bills of Exchange are brouglit in to make a cojiy of the bill in his book, not an exact cojjy. It is his duty to enter the pronusor, or drawer, endorser's amount, date of receipt and date line, where payable, and owner or holder. A bill of exchange put into witness' hand he identified as one he had entered in his book and received at the bank from Captain Tower. Mr. Lewin, the President of the bank, was present. Tlie draft was offered after the oignatux-e had been proved, and rea(l as follows : — Exchange for ^3,000. Cardenas, Aug. 1, 1879. Three days after sight of this first of exchange, second and third uni)aid, pay to the order of Jose M. Keyes, Ep ; three thousand dollars, value received, wliich place to account as advised by i . 0. S. (Skned.) To Messrs. Jules Sazerac & Co., New York. Across the face of the bill was written : Accepted at New York, Aua[)er and said the jiolicy covered to Cuba. Mr. Kerr corrected the leHrn'?.l judge ; the policy was only to Cienfuegos. 6 I i I.: ■■^■ ,| 'I* X ■ 'ft ■ > ■ 4.' i. f: fe '" 82 SHIP SCUTTLING TKIAL. Ml The ]iolicy was withdrawn, and witness said ho was agent for the Orient Mutual Insurance Co. of New -York. On the 22nd of March, 1879, an application was made to him foi- insurance on the Brothers' Pride. The application was signed l»y Jitdge Palmer, and was first applitid for verb- ally by J\idge Palmer, and then Mr. Longhead looked after it. The application was offered as evidence. Mr. Kerr objected to the ])a})er, that it was insurance on advances, and that tlie voyage was from Cienfuegos to N. of Ilatteras, Mr. Thomson argued that this paper and the other j)aper were both admissible. It was obvious that the insurance Avas\ipon the vessel, "the owner's interest," "the hull, etc.," as the document set forth. Mr. Kerr rejtlied, and asserted that there was not a particle of differ- ence between this and the other })a])er that was shut out. It was, lu; said, for $1,500 advances on the Brothei's' Pride in the Orient Miitual Insurance Co. Advances, he said, are separate and distinct and not trib- utary either in general or particular average. It was, he thought, clearly rejectable. His Honor said the words " hull, etc.," did not alter the question, but he would not decide negatively at present, he would reserve the point. Witness continued : Judge Palmer notified him of the abandonment of the Brothers' Pride and had served him witli notices to that effect. Mr. Pugsley offered these notices in evidence. His Honor would not, howevei', admit the evidence at present, saying he would rather have the policies. Witness continued : After notices wore served preliminary proofs of the loss were submitted by Mr. Palmer. The proofs were identified by witness, and came separately, the fii-st one came in the latter part of August, 1879. The other Avas received some weeks afterwards. After writing to Judge Palmer wit- ness received the second proof. He (Mr. Jarvis) said he would like to amend his statement. The pa])er was not a preliminary pioof ; it was a subsequent proof Witness contini^ed : He then forwarded the i)apers to the Orient IMutual Co., New "iork. He did not know Capt. Tower's signatine. Mr. Pugsley then offered the proofs in evidence. Mr John Kerr objected to both papers on the grounds that thf y did not come under any of the counts of the indictment, and further that they related to insiu-ance on advances, and therefore were entirely irrelevant, illegal. Mr. D. S. Kerr said the evidence was entirely foreign to the case. The papeis he cloimed were offered to waste time. His Honor would not refuse them and would not accept them. Ho would reserve his decision for a little. Mr. Pugisley then offered another batch of papers to witness to examine. He said one paper Avas the first pai't of the preliminary })roof of the Orient's policy, another was a second, another a thi^d, fourth, fifth and sixth. Two others he could not identify. The fii'st paper was a lettei- dated August 7, 1879, written by Philip Palmer, re- lating to insurances in the Orient" Co. The second was a letter dated Aug. 16, 1879, from Philip Palmer, relating to furnishing further proofs: the thii'd wa« a letter dated the 28th Aug. 1879, from Philip Palme; to the Orient C Mupany concerning furthev proofs that accompan- ied the letter. The sixth, paper was the ni-st [ ' jj inv"^'- proof received i,y witness. The papers vviae then offer .-'.l J ^■ .>vi'(i>i cp Hiey all rela- 7A-i r^i ..- .?»« SHIP SCUTTLING TRIAL. 83 M. He luess to iminary ihe fii-st liuer, re- \' dated further I Philip Dompaii- ireceived lall rela- ted to tlie Orient Company and to the loss of the Brothers' Pride. Mr. John Kerr objected to the evidence. It was not written by ina.ster or owner, and did not come within tin- counts of the indictment, and was tlierefore irrelevant. The whole luilf day, Mi: Kerr claimed, had been exhausted in examining testimony entirely irrelevant to the case. Mr. Thomson replied, urging the admissibility of the evidence and claimed the defence was on the horns of a dilemma. Capt. Tower knew there were heavy insurances, upon the vessel, and insui-ances on advances he chiimed wore insurances ujjon the vessel. Mr. D. S. Kei-r responded, and claimed the insurances on advances were tor disbursements, and thouglr^ it was extraordinary that such a liai)er should be submitted, it having been issued three months after the vessel was abandoned made it not receivable. His Honor woidd recei v, the papers subject to objection. The court adjourned for dinner, aft<;r which Mr. C. E. L. Jarvis was recalled to the stand, but imparted no further testimony of apparent importance. Mil. IloDEUT Thomson, of the firm of Wm. Thomson ik Sous avi^ sworn. The firm, he said, were agents for the New England Mutual Insurance Co. Witness is one of the firm, and they have been agents of the company of which Mr. Geo. C. Loixl was the president. Mr. Pugsley then offered a policy and witness identified the signature of tlie president of the company attached to the j)H})er, which was a policy on the Brothers' Pride foi- $2,00( insurance in the New England Mutual Co., dated 18tli Ajjril, 1879, for a voyage from Cardenas to a ])ort N. of Hatteras. The insurer was Chas. A. Palmer. The t. essel was val- ued at $1G,000. Mr. Kerr objected that there was no proof of the exist- enc3 or incorporation of tlie company; and that no notice of insurance had been made. Mr. Thomson and Mr. Pugsley chumed that the wit- ness had just proved the existence of the company. His Honor said if he received the e\idence it would be with great hesitanc3^ Some proof of the company's incoj'poration should be shown. He would reserve the point foi- Mr. Keir, howe\"ei', and receive the evidence. TiiEADWELL C. Cleveland was sworn. He is a counsellor-at-law uihI has been before the bar of New York for 14 years. He is legal ad- viser of the U. S. Lloyds. Mr. Thomson — What is U. S. Lloyds 1 A. — It is an imincorporated — Mr. Kerr objected to the question. The association should be pioved by writings. The witness proceeded, however, and described what U. 8, Lloyds is. It is, he said, the nauie of a body of one hundred ir di- vidual underwriters who transact the business of marine insurance at their office. No. 50 Wall Sti-eet, New York ('ity. He then produced a })olicy issued by that Association on the Brothei-s' Pride. Ml'. Kerr took objection. It had not been, he said, proved that the company is incorj)orated. Witness continued : He kr.ows Messrs. Hig'jins & Cox, composed of A. Foster Higgins and James F, Cox ; he knew as a fact that they act as agjeuts for the IJoyds Association. The witness Avas then pi-eliminarii}- examined by Mr. D. S. Kerr. He had never met all the individual underv/riters together ; he lias never insured there himself j lie has had fretpient conversations with Iliggins & Cox ] f:. m '..^ -« 84 SHIP SCUTTLING TRIAL. been acc^itainted with the Association for 14 ai-s — 7 years since and 7 previous to its re-oi'ganizatiou Mr. Kerr — Were you present at the i-e-orgaa , t ion of the Lloyds? A. — I cannot say yes or no without an explanation. I was, in a qualified sense. " But in a true sense 1" asked Mr. Kerr. "Witness rei)lied, " yes, in a true sense." The association, he said, is changing and re-organizing all the time — members die, othei-s fill their places. The insurance })olicy in Lloyds on the cai-go was then submitted. It was a policy of .f'38,000 ujx)n the cargo of the Brothers' Pride, which amount had been paid. Messrs. Higgins & Cox are agents, witness said, for the Lloyds, and issued the policy. He knows John Crosby Brown, who with Mr. Higgins, Mr. Cox, and Mr. H. Guion, are subscribers at the Lloyds. Witness also mentioned a number of other names who are subscribers to the Lloyds to his personal knowledge ; he personally knows four-fifths of the iinderwritera. Higgins & Cox hold a power of attorney from every one of the underwriters. Mr. Kerr held these powers of attorney should be produced ; without them the policy should not be received. His Honor woidd receive it, however, and reserve the point for Mr. Kerr. The policy was then read. It was dated 28th Apnl, 1879, was for $38,000 in favor of R. Acosta, New York, and on a cargo of 863 casks of melado, shipped in the Brothers' Pride at Cardenas, in May, 1879, to be canied to New York. The premium was read as 1|^ p. c, or $475. Mr. Kerr pointed out that the only evidence on which this policy has been admitted is on the statement of the witness and accomplice, Thomas, who said the Captain told him he had received a letter from old Mr. Palmer to scuttle the vessel that she was well insured. Mr. Thomson said that the bill of exchange on Rabel and Mendoza had also to do with it. Witness then continued, and produced the check given as payment for the $38,000. It was signed Higgins & Cox. Mr. Kerr objected to the check being admitted as evidence. During the discus- sion Mr. Cleveland haiided Mr. Thomson a paper from the Avitness-box. Mr. Kerr told Mr. Cleveland that he inust remember that he was in a British Court, and must not hand papers from the stand of his own free will. Mr. Kerr said it was in January, 1879, when the alleged coiuer- sation about old Mr. Palmer occurred between Thomas, the accomplice, and the prisoner. This was some months previous, he said, to the issuing of $38,000 policy, and consequently, he claimed, had no vefbvn\\ce to the alleged conversation, which is intended, he said, to suJ>\»ort this evidence. The check should not, he argued, be admitted. Wilness con- tinued, after His Honoi- had overruled Mr. Ken's objection : The check was part preliminary proof of the payment of the $38,000. A question of comparison of signature then arose, Mr. Thomson having attempted a comparison of J. M. Reyes' signature to prove that the cargo waa shipped. Mr. Kerr objected, and claimed that no standard in this parti- cular had been estal)lished, and that the genuineness of the signature being doubtful, it could ii"t be admitted as testimony. The comparison could not, he held, possibly stand. dis( Fn ing Tlu, issiit the took fortli j»apei C'ji;/i and policy Hif Ml Clev tJnivi dencc and ' Ml', the of' pi-ove ^m I yarti ; being oovild SHIP SCUTTLING TRIAL. 85 Mr. Thomson replied, and said it had been proved that bills of excliange passed through Captain Tower's hands for nearly $7,000, and tliat in all he had received nearly $14,000 for the act he is charged with. On this ground he held that the cargo ]>olicy was admissible as evidence. His Honor would receive it subject to Mr, Kerr's objection, Mr. Ken wanted an exi)ert chosen to compare the signatui-es. After some further discussion Mr, Cleveland attested as an expei-t to the genuine- ness of the comparison of J, M, Reyes' signatures. Another document — an invoice and affidavit of J, M, Reyes', to the effect that the cargo was shipped — wiis offered as evidence, Mr, Thomson claiming that the in- voice was preliminary proof of the issuing of the policy. Mr, Kerr objected to the admission of the document. It had no rela- tion to the case and did not help it a bit. His Honor said he had a good deal of doubt about receiving the pre- liminary proof, pif!ce meal, in this way. He iisked if there was nothing more to follow ] Witness produced a certified copy of the protest. The bill of lading had already been submitted. The protest was then put in as evidence. His Honor said as there was no evidence of Captain Tower's knowing anything about the insurance on the cargo, he had considerable doubt about leceiving these documents as evidence. He would take it, however, subject to M)', Kerr's objection, and with much reluctance himself. The check for the $38,000 he would receive, not wishing to shut out anything that had any relation to the case, though in receiving it he would reserve the point for Mr. Kerr. The check was read : New York, June 14, 1879. No. 4,342. National Bank of tlie Republic, pay to the order of R. Acosta, $37,940.89. (Signed.) Higguis & Cox. The court adjouriied until Monday when Mr, Cleveland i-esumed the stjjind and pioduced a policy issiied by the Universal Marine Ins. Co. of Lontlun. The policy was handed to prisoner's counsel for examination, and was on the Brotluus' Pride i'or a voyage from Cardiff to a port of discharge in the United States. Witness received the policy from the Uni' ersal Marine Ins. Co. of London, forwarded at his request, he hav- ing made upplitation for it. On this identification of the j)olicy Mr. Thomson ottered it in evidence, the court, he said, not having |K)wer to issue subj)(i;nas outside of Canada and therefore it was impossible to force the officers of the Universal Marine to come to St. John. Mr. John Kerr took objection in that Captain Tower was a stranger to the transaction set forth in the ])olicy, the con^pany not being described in the indictment. A pa[)er of the kind could not be put in a Civil Court, much less in a Ci iminal Court, The policy was subnutted, he held, without any proof, and was therefore wholly inadmissible. Mr. Thomson claimed that the policy did come ^vithin a coimt of the indictment. His Honor said he could not receive it as it had not been pi-oved. Mr. Thomson then further attempte^l to prove the policy through Mr. Cleveland, who lecognized the signature of Mr. A. Toser, secretary of the Univeraal Marine, attached to the policy. He also knew by coiTes|K)n- deuce the existence of the company.' Correspondence between Mr. Toser and Mr. Cleveland was then ju-oduced. Mr. Kerr preliminarily examined the witness who did not know all the otticers subscribed in the policy personally and has no commission to prove the policy. m h - ■ -'l - •-;i 86 SHIP SCUTTLING TRIAL. Mr. KeiT again objected to tlie policy being admitted. His Honor said that there was no evidence of the existence of the com- pany. Tlie policy was tlien withdrawn. [It was one for .£500 atg. on the vessel and in favor of the ownei-s.] Mr. Cleveland then produced a policy issued Pjc. 18, 1878, on the Brothers' Piide, by English Lloyds, for the amount of .£1.50, and for a voyage from Cardiff to Cardenas, thence to a poi-t of discharge in the United States. He only recognized the policy by its general form. Mr. Thomson then offered this policy in evidence, and with it two others of the same nature. One of the latter was dated 24 Dec, 1878, for £300 ; voyage from Cardiff to Cienfuegos, thence to America ; upon the Brothei-s' Pride's hull and materials, she being valued at £4,000. The other was for £300 stg., dated Dec, 1878, on vessel and materials, valued at £4,500 stg. ; voyage from Cardiff to Cienfuegos, thence to a port of discharge in the United States. Still another was offered, as i8.sued on the 25th April, 1879, by English Lloyds for £300 stg., on chartered freight valued at £1,000 stg., for voyage from Cienfuegos to Cardenas, thence to port of discharge in the United States. The four Lloyds' j)olicies were then offered as evidence. Mr. Kerr ob- jected, there being no proof of the ])olicies whatever. His Honor would like to see Lloyds' Act in reference to the policies. Mr. Kerr — There is no Act to compel these papers be^ng received with- out evidence. Such an Act anyhow had no ai)plication to this country. His Honor said he would detemiine for himself after seeing the Act. The policies wei-e laid aside for the present. Witness then produced a proof of a policy of the Great Western Co. of New York. The policy itself, witness said, \.as in the hands of the owners. He produced an application for the said policy ; knows the company of which Ferdinand Mose was president and Alex. McKay was vice-president in January, 1879. The company is, he said, in active business in New York. The application was then offered as ])reliminary proof of the policy. Mr. Kerr objected to the paper, it having no connexion with the defendant or Mr. Palmer whatever. His Honor said he would I'eceive the evidence as it proved to be in- surance on the vessel. Mr. Kerr argued against His Honor's decision, but failed to alter the position. The clerk read the application which wfis made by P. I. Nevius & Co., in January, 1879, for ^3,000 on the vogsel valued at $16,000, in favor of C. A. Palmer, for a voyage from to Cienfuegos to n port in the United States. An application for issued by the same company to the same [)arties for the same voyage, dated January 18, 1879, for 82,00f), was also submitted as evidence by Mr. Thomson through witness. Mr. Kerr cross-examined the witness on points connected with the application. Witness said it was not necessary to iiave a policy ; the application, when accepted, was a sufKcient substitute. Mr. Kerr — Do you say that an application is as obligatoiy and complete as the policy itself? Answer me sir, no hedging if you jilease. Mr. Thomson appealed to the court to call Mr. Kerr to order. His Honor could not see that Mr. Kerr was out of order. The witness proceeded : The company cainiot legally refuse to issue a policy under the application ; they could physically but not morally or legally. Cardirt" i a policy Mr. of tlie wages time i] $50 an their ti SHIP SCUTTLING TRIAL. 87 >5 .ary, The My. ant the troni for same as 111 the the iplete itness antler Mr. Kerr claimed that the word " application " wa.s not inontioned in the allegation. His Honor accepted the evidence subject to Mr. Kerr'.s ohjection. Mr. Thomson then offered proof of another ])olicy i.ssued by the (ireat Western on the freight of the vessel, in March 24, 1879, for !i?r),000 for a voyage from Cuba to a port in the United States at 1| per cent, premium. Mr, Kerr objected on the grounds })reviously mentioned. His Honor would receive the evidence though not sure that it was evidence in the case. He reserved the point for Mr. Kerr. The clerk then read the document which was in substar ce as above. Witness then produced a policy issued by the Insurance Company of North America, and recognized the signature of Mr. Pratt, j»resident, attached to the policy. The company, he said, was incorporated. Mr. Kerr then made a preliminaiy cios.s-examniation of the witness in reference to the policy. The original seal of the company he never .saw. Mr. Kerr objected to the evidence. His Honor said he could not receive the policy until the counter signature of Mr. Ranney was identified. After some further argument, however, the policy, issued in favor of A. L. Pu uier for $2,000 on the fi-eight of the ves.sel, dated March 22, 1879, premium $40, was received, subject to Mr. Kerr's objection. The witness then [)roduced another jiolicy, received from /\^llen H. Broderick, Liverpool, [t purported to be for j£500 stg., issued by the London Provincial Univoi"sal Marine Ins. Co., on the hull and materials of the Brothers' Pride, and was dated Dec. 18, 1879. The policy was not received as evidence for want of proof. Mr. Thomson then offered two other policies in the Home and Colonial Marine Lisurance Co. of London. The fii"st was dated Jan. 9th, 1879, for £400 stg., on hull and materials of the vessel ; the second, dated 9th Jan. 1879, amoiint withheld. Another was by the Merchants' Marine Co. of London, dated 31st Dec, 1878, amount not stated. All these j)olicies wei-e offered as evidence, but rejected on the same grounds; as the other policies — for want of proof. Another i)olicy, issued by the Thames and Mei-sey Marine Li.surance Co., dated Jan. 2nd, 1879, on the ves.sel, was submitted. In connexion with this the application for tiie policy and receipt for the payment of the money were produced, Init the whole was rejected on the ground of insufllcient proof. The Thames & Mersey policy pur^wrted to be for <£500 stg. on the hull and niivterial^? of the vessel and in favor of the owners. The Merciiants' Marine policy pur- ported to be for £150 stg. on hull, &c., and in favor of the owners. The court then adjourned for dinner, after which Mr. Cleveland rejjumed the stand. A receipt from Ricardo Acosta for the $38,000 insurance (minus the ]iremium) in the U. 8. Lloyds was offered and accepted as evidence, subject to the objection of Mr. Kerr. Witness con- tinued : He has been in court since the commencement of the trial. The arrangement with Thomas and Roberts, who were the first ones he saw of the crew of the Brothers' Pride, Wius that they should receive the same wages as received on last vessel they were employed in. Roberts, some- time in January, having an opportniiity to go as captain of a vessel at $50 a month, witness agreed to give him equivalent pay ; also agreed to pay their travelling expenses. Hall, the steward, he saw on the 23rd Feb- I !! |; :i ■M - J! - J ' 88 SHIP SCT ITLINO TKIAL. ruaiy, 1880, The agreement witli liini was tliat ho wliould rocoive tho same wages tliat he received on Ixjard the Niphon ; alwo his hoiird and travelling oxiKinsos. Witli Trisinski, he agrees! to pay tlu! same rate of wages that he was receiving at the Ifohoken docks — the iimount of his boai'd not to exceed $4 jxir week. This is all the arrangement he had with Trisinski. The Spaniard, Melien, he agreed to pay the sum of" .f 30 a month and hoard. This agreement entered into effect on the 2Gth of March, 1880. Witness denied that he liad examined and coached these witnesses. Mr. Thomson — Mr. Kerr said you cocked and primed tlu'se witnesses. Mr. Kerr--I never heard and never said the words. "Cocked and primed, pooh 1 " Witness continued: He never told them what to say and never drilled them in any way ; visited Thomas a ninnber of times in jail when Clark, the turnkey, was present; endeavored to secuie Thomas a room to himself in jail and a fire ; also took him some pa})erH and tobacco and had a young lady admitted to Thomas' jn-esence who wished to see him ; saw Thomas on the 2Gth of Febi-uary last for 30 minutes ; also on the 29th (Sunday), when he questioned him on a branch of this case which has not yet been developed in evidence, and which witness imderstood would be evidence for the defendant ; saw him on the 11th of March in jail, and had conversation with him. On Saturday, the day after the indictment w:is found, he saw Thomas in jail and con- versed with him ; has not seen Thomjis in jail since and never askecP Thomas, directly or indirectly, to manufi\cture evidence for this case. (Witness wanted to state the first convei-sation he had with Thomas, but the court would not allow it.) He had no knowledge of the existence of the log book before Hoberts stated so in the witness box, and denied telegraphing across the table with Roberts or with Thomas during this trial ; he hail felt indignation at the imputation, Mr. Thomson called for the charter party of the Brothers' Piide. The counsel for the defence said they could not produce it because it was in the West Indies. Mr. D. S. Kerr then commenced the cross-examination of the witness who said, there is a paper called thg Maritime Register, published in New York ; did not see an account of the losi> of the Brothers' Pride in it ; recollected an application being made for the ])Ostponement of the present trial and made an affidavit against the postponement. In common par- lance he was uneasy about the trial being ix)stponed. He never was in Cardenas and did not know Jerry Spline ; fii"st heard of the protest in July ; got a copy of it from Walker & Hughes, average adjust *rs. Mr. Cox, of Higgins & Cox, is a brother-in-law of witness'. He was not present at the Naval Coui't inquiry and never heard of the inquiiy until after it had been lield. The Naval Court proceedings came before witness in July last ; he obtained co\)ies of the Naval Court and protest inquii-ies. Mr. Ken* — Witness you are interested in this case ; now who are you acting for ] Witness rei)lied that he was at present simply a witness in the ciise. Mr. Kerr — But who are you acting for, just tell vis nowl A. I repre- sent the U. S, Lloyds, the Great Western Insurance Co, and the Orient Insurance Co. There is not $50,000 (he said) deposited to run the case with. He is paying Tracey C. Roberts $50 a month and $5 a week for SHIP SCUTTLING TKIAL. 89 repre- Oricnt bhe case reek tor the purpoHo of having him remain on .shore to give evidence in the case. It cost about !?30 to take Roberts to New York and i t^timi here ; did not pay tlvis money to Roberts — ]>aid it aw expenses liimself j is paying TlioniiiH $25 ])ov month and his lx)ard, $5 jter week ; Uiok Thomas, wlion in jail, some oranges. Thomius boarded with Mr. Eiinkin in jail for a littU) over a week, for which witness paid $6.25, and if additional charge for coal Ijo wonld ])ay for it; has paiil Hall $35 a month since Jainiary last; telegraphed to Yokoljania for Hall. He is paying Tnsinski $1.50 per day and his board. Mr. Kerr -What retainer have you paid Mr. Thomson 1 A. Well, I don't know tliat I have a right to answer that. This brought Mr. Thomson to hi.s teet, and ho, protesting against such (piestioTis, retpiostiid His Honor to reject the evidence. His Honor could not see that it was requisite to ask sucli a (piestion. It was unusual Mr. KeiT — I ( is an unusual case ; I want to know who is the prosecu- tion in this ciise. Mr. Kerr said he understood that the insurance com- jianies havo laid out large sums • f money in the case. He also wanted to know Mr. Alward'.s fee. Mr. Pugsley he knew nothing about. His Honor said lie would reject the evidence if Mr. Thomson wished. Mr. Thomson loplied he diil. Mr. Kerr — Well, ah, witness, wha^ are i/ou getting? Mr. Thomson rose to jtrotect Mr. Cleveland. His Honor said lie was not prepared to reject that (juestion. Mr. KeiT — Will you receive $100,000 if you succeed . A. My ser- vices will be compensated, no matter ]i'>w the case goes. Mr. Kerr — Don't be angry. A. Oh, I am amused. Mr. Kerr — Who employed Mr. Thomson 1 Witness did not reply. His Honor deciding against the question at the request of Mr. Thomson. The Judge also refused to allow it being stated in evidence who employed Mr. A 1 ward. Mr. Thomson then re-examined Mr. Cleveland, who denied most emphatically that $50,000 is depo.s ted in one of t'e banks to iissist the case. Mr. Thomson — In consequence of the finding in the Naval Coiu't pro- ceedings against Captain Tower, did you not take measures to commence this easel Witness said, in consequence of the finding, a special agent was sent to Cuba, and witness himself came here. A thoiough investiga- .tion of the facts was then made by witness; wrote to England and re- ceived the policies produced yesterday morning; to Boston, and received the New England Mutual Policy; consulted the Secretary of State for the United Stjites concerning the testimony of Captain Tower ; visited the District Attorney for New York, Mr. Fearo ; consulted with the Anchor Marine Insurance Co., and wrote to Tracey C. Roberts in Ireland ; con- sulted twice with the Attoi-ney General and Solicitor General of this Province and then opened up these proceedings. On the return of the special agent from Cardemis he sent him back again to Cardenas to \)vo- cure Melien. Ho also, through Vroom & Arnold, secured Thomas, and employed persons in Boston to obtain, if possible. Spline, one of the crew ; ascertained that Hahan was in Hamburg ; has obtained all of the crew that he could fi'^ 1, to gis e evidence in the case. IMAGE EVALUATION TEST TARGET (MT-3) // A% M y ^ m. 43 WEST MAIN STREET WEBSTER, N . MS8L (716) 072-4503 ^V- w^ ^ ^r" %' '^o w O I '•^Pi 90 3HIP SCUTTLING TRIAL, Mr. Pugsley then called upon the defence to produce certain policies of insurances. He had served Mr. Charles A. Palmer with a subpauia to issiiing of such a sub- produce several j)olicies. Mr. Kerr thought the ptena was very exti'aordinary and unreasonable. His Honor said that if Mr. Palmer had only been notified to ])roduce at 2 p. m. he might be accorded more time. The matter was then laid aside until the moniing. Mr. Pugsley then called the Sjjaniard, Don Juan Melien, who stood to be sworn. Mr. Joseph Priest was offered by the Crown as interpreter for the witness, but was objected to by Mr. Kerr. His Honor said he could not choose an interpreter. Mr. Kerr named Joseph Ganallo as interpreter, in fact he would ask that both Mr. Priest and Mr. Ganallo be sworn — one to watch the other. Mr. Henry Jack, Spanish Consul for this port, was called and asked if he could name an indifferent and capable party, Mr. Jack could not name any other than Ganallo. Mr, Kerr objected to Mr. Priest as an extreme partizan. His Honor said that did not disfjualify Priest — whom he would have to accept. Mr. Priest was then sworn as interpreter, Mr. Ganallo taking a seat near prisoner's counsel and watching the interpretation. The oath was put to the witness through Mr. Priest and witness was examinet' by Mr. Alward. Here Mr. Ganallo said, through Mr. Kerr, that the Spanish spoken by Mr. Pi'ier.t was incorrect. After some discussion, however, about the n.atter, the witness was sworn and his testimony pro- ceeded. He said he was bor.i in the Canary Islands, and lives in Car- denas, Cuba — had lived there f>ince 1871 ; he can read and write a little and had his passport from Cviba with him, [Passport produced and ex- amined by Ganallo for prisoner's coimsel.] He knows Captain Tower as the captain of the barque that he stowed in Cardenas last yea'- ; knows a party in Cardenas named Thomas C. Yannes, and has known him since the year he arrived in Cardenas ; Yannes conducts a coffee sal<>on, billi- ard saloon, with two tables, and a ninepin alley, and gives balls on Satur- day ) lights in the second story of his establishment ; has also an ice-house and receives cai-goes of ice from the North, and has many chusses of busi- ness outside of these mentioned ; also a great deal of business with cap- tains of vessels. He knows of two ship chandlery stores near the wharf in Cardciias ; the stores are open on Sundays ; fruit is sold in the shi[) chandlers stores, and on Sundays ; the ship chandlery stores ai-e one square distant from the wharves and back of the molasses storehouses ; Yannes* billiard rooms and a ship chandlery store are on opposite corners ; the cthei* store is in the middle of the block. An unloaded vessel can come close to the wharf at Cardenas, and some docks will accommodate a vessel drawing 12 ft. The bed of the harbor at Cardenas is muddy and the bar in the harbor is, perhaps, nine miles from the wharf. Pilots are I'equired to take vessels out of the hai-bor ; knows what melado is ; he worked aboard Captain Tower's vessel which was loaded with dirty water ; did not recollect the name of the vessel ; she was known at Cardenas as the water barque ; this is "what the stevedores called her ; he distinguishes English vessels from others by the rigging and by the captain, crew or son\e peculiarity of the vessel. Mr. KeiT then arose to take objection to the evidence. He jKjinted what it Meludo casks ; TJie sumed and thei they can ures on lime on contents I'ooni in the publ stone ba SHIP SCUTTLING TRIAL, 91 billi- Satur- ■houso busi- th caj)- vvliarf le ship ■e one louses ; crners ; 5sel can odafce II dy and ots are is; he water ; enas as iguishes crew or j^)ointecl out that it was easy to drill a witness and that it was as easy to mann- iacture a stoiy and six o'clock having arrived the court adjoui-ned until luoniing when Don Juan Melien continued his evidence and corroboni- ted Mr. Beste's testimony regarding melado, in point of manufacture, material, sun heat effect, etc. The seven specimens were shown witness. Nos. 3 and 4 were melado of a good class, also ISos. 5 and G. No. 7 specimen is used to make rum of in Cuba, and is also shipped noi-th, for wiiat purpose he coidd not say. Molasses cargoes are shipped l)y the casks being embarked empty and then filled by a hose from the warehouse. Melado, never loaded in this way, is sold by weight and not by measure. Molasses is sold by measure, and i)erhaps weighs much less than melado. A cask of melado will sink in the water in a min- ute. Witness recognized the mate of the Brothers' Pride. The cap- tain, who he pointed out sitting in the pi-isoner's dock in court, had, when he saw him in Cardenas, long side whiskers. [The captain ap- pears now clean shaven.] Witness remembered the cook. Hall, having had conversations with him, and because he was the only one who spoke Spanish on board. He also recognized Tri.-iinski Jis one of the Brothers* Pride crew. Witness worked aboard the vessel seven consecutive days. The stevedores or shoremen were five all told. Many of the casks leaked, some more than others. He did not sample the drippings. The ma- terial had a pestiferous smell, a color little darker than beer, and like tliat produced by sugar and water. Some of the casks which buret con- tained dii*ty water, noi melado. It would run as freely as water. Th& lighter that brought out the cargo belonged to the house of Muro and was painted red. One could wash his hands in the substance in the casks but it would not clean tlieai any. The casks were not as heavy to handle as melado. Pilots will never take vessels out of Cardenas harbor drawing over 14 ft. ; the tide rises in th** harbor about 2 ft. ; the bar is soft mud into which the keel of a vessel would cut a foot ; the water in the harbor is cleai; in calm weather, when the bottom of the harbor can be seen; the harbor is 16, 17 and 18 ft. deep in places. Aft the casks were stowed in the hold in tiers rolled up on each other by skids ; the second tier was stoA\ed fore and aft, leaving considerable space near the bow ; generally the cargo was stowed accord- ing to the build of the ship ; cargo was stowed as closely as possible ; generally took no care how they stowed the cargo, for they compi'ehended what it contained. (The latter part of this sentence was ruled out.) Melado is lowered into the holds of vessels with roi)es, because the casks are very heavy ; had rop;,3 ready for use but did not use them. The court then adjourned for dinner, after which the Spaniard re- sumed his testimony. Melado casks, he said, arc generally numbered and their weight marked on them ; the name of the estate from which they came is also marked on the cAsk ; did not see any numbers or fig- ures on the casks that comprised the Brothers' Pride cargo. There was lime on the heads of some of the casks, one of which got broken, the contents running out, leaving no substance in the cask. There is a bar- room in Thomas C. Yannes' place in Cardenas ; the bar-room fronts on the public street, and the V)illiard room is in the rear. There was stone ballast in the barque when he helped load her, some in the ^■^l. ,1%'- - ■*' an 92 SHIP SCUTTLING TRIAL. (.■/■ ■ ' 1 ■M centre of the vessel and some aft ; lower tier of casks was stowed flush lip aft ; tlie second and tliird tiers were distant from 2 to 21} (Spanish yards from the sturn post. He has heard of a firm at Cardenas named Seinze & Co. There is, he believes, a man named Lorenzo Rod- riguez, in Cardenas, and lighters belonging to him, are still in existence. Rodiiguez dealt in melado. Cross-examined by Mr. Kerr : He did not see the ves.sel aground. Many of the Cays are of coral formation. There are many rocks inside the harbor, hut none in the course of vessels ; rocks are on the coast and on the north-west shore of the harbor ; could not say how dee\) the water was near the rocks. A vessel in sailing out the harbor could tack with- in two miles of the rocks. Witness is not a diver, and never examined the bottom of the harbor; could not swear what Is under the mud on the bar. The mud is about a Simnish yard deep. He has helped i)lace beacons on the bars ; is not and has never been a j)ilot, and could not say the Brothers' Pride had a i)ilot when leaving the harbor. The head stevedore's name was Trillai Jerome ; did not know Jerome's name to be Jerry or Yeiiy. Once in a while Jerome came on board. Claudio was the foreman, and the cargo was loaded according to Claudio's dii-ections. Mr. Kerr — Did you do your duty in stowing the vossel ] A. — I did what my eiuployer told me. Mr. Keir — to interpieter — Ask witness if his emjdoyer told him to commit murder would he do it. I want to have a drive at his morals, added Mr. Kerr. The Chief Justice said there was a vast difierence between scuttling a vessel and murdering a man, and over-ruled the question. Witness continued : If he broke any casks he was ordered to do it ; he damaged several of the casks and let the water run out, but no one on board knew this but themselves (the stevedores) ; could not say that the fore- man knew he broke the casks, and could not say how many he broke ; bi'oke one purposely, and recollects putting the crowbar through two othex'S and the contents run out. There were more broken by others among the stevedores. The hold was all filled save the spaces forward and aft. The em])ty space forwai'd was about 2^ Spanish yards or yan'as in length. A Spanish yard is 33 in. There were not four tiers in the lower hold bow ; lower tier was stowed as closely as possible to the stern ; the second tier \/as placed the same as the first tier ; third tier stowed athwart-ship's and fore and aft ; cargo was well stowed. Casks tvere placed athwart-shijj's just aft the i)ump. Witness Avas with Mr. Priest, the interpreter, at Hotel Dufferin, Tuesday night, but did not see Mi\' Cleveland there and had no convei-sation with Mr. Cleve- land there. Witness boards at same hotel with interpreter. He did not know Washington & Co., Cardenas; knows a young man named Washington ; could not say if his name is Frank ; the man he I-nows is slim and tall. Re-exa;nined by Mr. Thomson — Mr. Washington, of Wasliington & Co., was American Consul at Cardenas a short time ago. The consul- ate has been changed since. There is a space of a quarter of a yard always left in the stem. ■ " ' it :^ i » i'' .' " V ^'V them rui to stow f together c'lthwart I tJiere was than otli( liarbor, C I'ilot and went ashc and retur pilot, Oi 5., SHIP LCUTTLIXO TRIAL. 93 ■t.i stowed to 2| irdeiias Rod- istence. ground. s inside last and le water ik witli- camined 1 on tlie d place Duld not )r. The i's name Claudio IJlaudio's ..—I did I him to s morals, uttling a Witness damaged on board the fore- e broke ; iugh two >y er others forward ards or our tiers ssible to third stowed. Avas with but did r. Cleve- He did u named irnows is ington & le consul- if a yard Juror Hcgan — Is there room left generally for a man to get into ? A. — There generally is. Juror Dixon— Was there any space in the wing or skin of the vessel ? Witness said there was, explaining locality of wing on a miniature hai-que. There was always a space in the wing of the ship after stowing as close as possible — a space that would contain several men. John W. Trisinski, one of the crew of the alleged scuttled vessel was called. Ml'. Alward examined the witness who said, he is a Russian, and was bom on the Kiver Riga, is 42 yeai-s old, and lives in Hoboken, New Jersey ; has l)een a sailor since 1875 ; knows the j)nsoner ; saw him first in Cardiff, where he joined the Brothers' Piide in January, 187*J. He described the voyage _^rom Cardiff to Cienfuegos, and the intimacy be- tween the prisoner and Thomas, the alleged accomplice, the statements corroborating those of the mate and second mate. On the voyage from C'aidiff witness, Charley and Jerry Spline were put in irons for refusing to obey the mate's ordera ; witness remained in irons for seven days ; the othei-s were released in a few hours. He was not on shore while the vessel was lying at Cardenas ; the captain was ashore nearly every day, and Thomas and Charley Lutz usually went AA'ith him. The lazarette nas as wide as the ship was aft the bulk hea'.i of the captain's cabin ; a man could not stand up in the lazarette ; the hatch that lead to the lower hold from the lazarette was on the starboard side, a little nearer 'mid- ships ; bread, paint, oil and ship tools were kept in the lazarette. The hatch or hole in the forecastle was on the port side. He was never in the cabin ; could not locate, to a demonr.t ration, the positions or relative positions of the air-streaks ; saw the stevedore, Melieu, on board the vessel at Cardenas. Tlie casks, which comprised the cargo taken in at Cardenas, were transported from the shore to the vessel in lighters, which were painted red ; he assisted to transfer the casks from the lighters to the vessel, by heaving on the winch and attending the lever ; some of the casks leaked ; the head came out of one cask ; it was thin, l)rowu water like stuff that di'ipped from the casks ; the stuff had a peculiar smell ; he saw melado sevei'al years ago ; he has been ashore at Cienfuegos and saw melado \/hich was thick, lumpish stuff. Witness then examined the sj)eci- luens shown to other witnesses, and said 3, 4 and 5 si)ecimens were like that which he saw in Cienfuegos. The material that flowed from the broken cask was like wash water ; put some of the stuff in his tea and i ; spoiled his tea. The .second mate, he said, bored a hole in a cask and caught some in a bucket, afterwards throwing it on the skids to make them run easy. Witness handled one hundred of the cacks and helped to stow some between decks. Aft, the casks were not stowed as closely together and level as amidships, but there were two or three placed athwart ships. He could crawl between the casks and main deck aft ; there was not space on top for another cask ; some casks were htavier than othei's. It was Friday, the 2nd of May, 1879, that she left the harbor, Cardenas, to go outside to the cays ; vessel was in charge of a pilot and gi'oimcled, pulling up slovfly ; wind was not heavy; captain went ashore on Friday night with the pilot and Thomas, the secgnd mate, and returned on Sunday night ; they sailed the following Monday with a pilot. On the Friday previous the vessel was pumped and that " thin m Jr. It If 94 SHIP SCUTTLING TRIAL. brown water " came out of lier. Monday, Monday night and Tuesday werc tine, the weather continuing so until he loft the ship. On Tuesday the poi-t pump was broken. At 3.30 p. m. on Tuesday, witncs.s at the wheel, heard sounds of breaking boards below ; captain and Thomas were; below ; .shortly afterwards heard a sound lilie boring holes ; the captain came out of the after part of the cabin on deck and looked red in the fac(! and appeared to be i)erspiriug ; cajitain told the mate to sound the pumps ; mate obeyed. The second mate was down below. Witness wjis on the pumps at midnight on Tuesday, and saw the captain throwing some papers overboard. After getting the boats out, the crew took a spell on the pumps ; but the water came in so fast that they soon ceased ; creAV then got into the boats, witness and William throwing their trunks overboard, thinking some needy fellow would pick them up ; witness was in the mate's boats ; the second mate was in the cai)tain's boat. Witness then verified Thomas' and Roberts' statements relating to the firing of the vessel, and after she was nearly burned down they went in search of land. In rowing around the vessel he saw four or five auger holes in the star- board bow port ; the water fiowed from the holes when the vessel would rise. They got ashore on Thursday night. May 8th. The log book wa.s saved ; he saw it exposed to dry on the beach at Florida ; Jerry tore a leaf out of the log book and made a hole in the sand and biirii d it be- cause the leaf contained reference to witness' imprisonment in irons on boaid the vessel. The court then adjourned for dinner, after which Trisinski resumed the stand. He went over the ground from the time he landed on the Floiida coast until he arrived in New York, giving an account of the journey similar to that of Roberts, Thomas and Hall. He saw the captain at the Consul General's the next day after arriving in New York. Witness miderstood an inquiry wjis to be held, and Captain Tower told witness to say it was blowiiag hard and that the vessel sank. The captain wanted witness and William Hahan to sign a papei and receive his wages; Avitness wouldn't swear, he would rather lose his wages ; captain said he did not want an oath taken, merely wanted him to sign a paper ; witne.ss then went to sign the paper and found a book lying on a table and a gentleman pointed out the place to witness and William to sign. There was nothing read over to him when he signed the paper. William, who could not speak English, he thought, also signed. He did not sweai because the story of the firing and burning was kejrt back ; he told the captain this, and the captain said to him : " You fool, don't be foolish." This occurred outside the Consxd's office. Witness and William always went together, and after getting his money witness went over to Hobo- ken to his home, remaining there luitil he came to St. John with j\Ir. Cleveland. Witness has ] ad conversation with several in St. John about | this case. Cross-examined by Mr. John Kerr — Witness said ho had had conver- sation with Mr, Alward and Mr. Cleveland ; conversed with Mr. Alward on Wednesday night about his evidence and about the starboard lights,] but howi long he could not say. Mr. Alward did not tell him how tlief .stevedore stowed the cargo. He was in irons about seven days. Tliei vessel made considerable water on the Cardiff voyage. When he was in I SHIP SCUTTLING TRIAL. 95 lestlay lesilay at the s wevo aptain lie fiicc Riinps ; on tlio papers on tlic >AV tlieu srljoartl, 5 in the 3SS tlieu r of tlie of land, tlie star- el woukl )Ook was •',' tore ii [\A it bo- ; i-ons on uuied tlie lO Florida J journey ain at the Witness kvitne&s to Ltr wanted is wages; iu said he witness _)le and a . There iara, who not sweav te told the e foolish." m always ■ to Hoho- ! with Ui: ohn about | ad conver- r. Alwanll ird lights, tn liow the) lays. The I he was inl irons the captain came to him and said : " How you like it 1" "Witness rejdied that ' o did not like it at all, but would go to work if the caj)- tain did not enter the fact of his being put in irons iu the log. Tliere was a cask open on deck about three days. He did not think he tuhi the big stout man at the police ottice [H. T. Gilbert, Esq.] that he took tlio material for sweetening his ten out of the open cask on deck ; did not think he made that mistake ; could not remeniber how many feet of water were in the hold on Tuesday night ; vessel was down to the chan- nel plate bolts in the water. When they left the vessel a number of sails were set. The vessel's side lights were broken when at Cardenas ; the lights were gi'een and red, two of each. Tliere was no slush baiTel on board. He could not recognize Mr. Hughes, the notary. [Mr. Hughes came forward.] He never took an oath before Mr. Hughes, nor did that gentleman read a paper over to him ; positively never swore to any statement before Mr. Hughes ; no ])ei-son read a pajier over to witness. [Book of protests i)roduced, and a signature purporting to be witness' shown to witness.] Witness did not remember signing the protest. His name was attached to the protest. He signed his name in one ))lace, he remembered. Another signature was not Charley Lutz's (one of the crew). Lutz could not wriie so well as that. Witness did not swear to the paper before or after he signed it. Mr. John Kerr said he wanted it understood that Mr. Alward liad " drilled " the witness and " drille I " him thoroughly. Mr. Alward .said the expression was a most ungenerous one, and most unprofessional. Mr. Kerr retracted and apologized to Mr. Alward for using the word drilled. Witness continued : It rained, thundered and lightened the night aftei' he left the ship. He is stopping at the Park Hotel ; can read German, not English. Mr. Alward read the testimony of the wit- ness at the the Police Court over to him. Mr. Kerr then read the protest over to witness, sentence by sentence, and witness said some of the statements in the protest were true and othei-s false. About " blowing a heavy gale and a heavy cross sea," witness said there was no sucli thing. Re-examined by Mr. Thomson — Was told by Mr. Alward to tell the truth at all hazards. The name of Charley Lutz, attached to the })ro- test wa.s not Charley's own hand-writing. When he heard a sound like boring it leminded him of a convex'sation he heard at Cardenas about the vessel never reaching any port after sailing. Mr. Kerr objected to this statement, and His Honor concurring Avith Mr. Kerr, ruled th- statement out as being suspicions of witness. On Tuesday afternoon the vessel had all sails set—" and in this woiiderful gale," added Mr. Thomson. The witness continuing .said the vessel made but little head- way. Charley Lutz could not speak English, but William Hahan spoke a little. Henry Caspin, the Riissian Fin, also one of the crew, could not spejik a word of English. The court adjourned luitil morning wlien Mr. Thomson called on Mr. C. A. Palmer to produce certain policies of insurance on the Brothers' Pride. > Mr. Palmer replied that he had not the policies in his jwssession. Mr. Thomson said he would have to serve a subpana on Judge Palmer ; the policies must be produced. John Stewart was then swonr. He has been a shipbuilder since V ''""■H 96 SHIP SCUTTLING TRIAL. tj iKssa 1840, and resides in St. John ; could not state tlie value of a l)arque in 1879, 13 years old, of 442 tons in ordinary good repair, yellow- metaled in 1876. He sold l-16tli of the })ar((ue Edina, r)66 tons, for $700 when she was 9 years old ; one-eighth of the Brothers' Pride he would value at $500. On being cross-examined by Mr. D. S. Kerr ht* said : Butts in vessels are started oftener, he thought, by timber car- goes ; casks, he thought, would not be so hard on a vessel. The ii'on in the hull of a vessel would probably decay in 13 yeai-s, 1)ut this would not necessarily open her seams. A vessel retopi>ed, sealed with pitch June, and strengthening timbers added to her frame in 1879 if the work was done in 1876, would add to her value perhaps $2 2>er tojx. Re-examined by Mr. Thomson — He could not say that a vessel 13 years old, 442 tons, would noc be woi-th $8000 ; would not give that amoimt for her. Alfred C. Ray, cashier of the Maritime Bank, was sworn. He knows th« i^risoner who brought a bill of exchange to the bank, giving it to Mr. Shepherd. This clerk is not in the bank now, he has left the country altogether. Witness had a conversation with Capt. To' i^er about the pro- test of the non-acceptance of a certain bill of excharge. He told the captain he presumed he had received notice of the protest and requested him to pay the bank $738.31, which the accountant had on the 25tli June, 1879, allowed the captain pris'ilege of over-checking on and upon the strength of the bill of exchange. The ca})tain re-paid the money on the 2nd Jidy, 1879. It was a bill drawn by Louis J. Rodriguez of Car- denas, on Louis Monjo, Jr. & Co., of New York, for $3,738.31 and endorsed by and payable to the order of Capt. W. H. Tower, and dated June 29, 1879, payable at sight. This was i;he bill the accountant made the advance of $738.31 upon. The advance was paid back by a check, on the 2nd Jvdy, 1879, and the balance in cash. The check was signed by M. A. Tower. Witness wrote the check himself, .i.iu ^.Irs. Tower signed it. Witness was then requested to refer to Mrs. To vver's account, but he had not the necessary books, and a messenger was despatched for them. Meanwhile Alex. Locehaut was called and sworn. He has shij)ping for some years. Vessel property touched between December, 1878, and June, 1879. A vessel 442 tons, would hardly bring $8,000 in May, 1879. a large price for such a vessel. Capt. John Smith was next called and sworn and examined by Mr. Alward. Witness said he has followed the sea about 15 years, and made about 30 voyages to the West Indies; has carried about six cargoes of sugar and molasses from Cardenas. This })ort is an open bay sur- rounded to the northward by cays or small islands. Witness then described the harbor on the chart and atterwards stood aside and Mil. Ray resumed the stand and referred to Mi-s. Tower's account. Mr. Thomson said he wished to show that on the 3rd of May, 1879, $1,000 was placed to the credit of Mrs. Tower in the Maritime Bank and the proceeds of a Cuban draft; of this amount he claimed $500 had been paid toward the advances made by the bank to Capt. Tower. Mr. Kerr objected to the evidence. Witness continued — Mr. Tower's account been engaged in its lowest value built in 1866, of $10,000 would be :■ 3 yy Howard C.Thomas. ■:i ■•\: SIIIl' SMTTMNU TKIAL, 9i wuH o]»('necl on tlio 15th Miiy, 1879. A dnift wiui draw n nt Canleuos, 13th Miiy, 1H71), by Ilojius r dinner after whicli Capt. Smitji resumed the staml, and spoke of the spaces that are generally left in small virssels aft and forwar9 rt; nin cry iveil 517 \ucli Pro- mov«^ ride's )t, \w f i\w ro got I tola liked ; y else. 10 log- Q mate )mpavi- ' heavy L vessel lot kick )ve ; not is wiit- •ted on •e some- jen but il in hev like a xgo she melado >uld AOt |cx\um in for the iio made lApplica- of the going Ision, but Ing Mrs. [iful and b\\ earth '. fgsley ex- Ithe pns- lled on it. 1 to be re- ceived as evidence, but ho woiild not exdudo tlio value of the pro|)orty being proved by the Htat«nnont made by ('apt. Tower of tlio worth of \\m liotiHt. WituesH tiH'ii said priHoncr bad applied to hiiii in October, 1H7{», for insurance on liiH house in Carleton. The court then atljourned uut I Monday njoniii.,'^. Monday Mr. Ltiuj^fldiead resumed the stand, said captain came to liini and a«k<;d him to take; a risk, and afttn- making an examination of th«i prisoner's premises, a dwelling house, he acceded, and filled up an appli cittion for $1000. The premises were in good condition at this time and ma(h! a very superior dwelling house, which had betui thoroughly renov- at,ifU mmM was siibinittod as evidence, and accepted, subject to Mr. Kerr's objections on the ground that it was an action that ocoun-ed subsequent to the time of the offence the jnisoner is chai-ged witli. A similar notice to the Oriei.t Co. was treated likewise. A letter from Mr. Palmer requesting the payment of the Orient policy, and dated August 7, 1879, v>'as also submitted. Mr. Kerr objected in that there was no proof of Mr. Philip Palmer's authority. His Honor received it reserving the point for Mr. KeiT. The adjust- ment and protest of loss on advances dated 26th May, 1879, signed b}' A. L. PalmCi.', on both Orient and Anchor Marine companies, was sub- mitted and accepted. A. draft, referred to in the above protest, was then oft'ered It was signed by Captain Tower, dated at Cienfuegos, 12th March, 1879, for $3C00, drawn on P. I. Nevius & Bpn. The dvaft was playable 15 days aft^r her arrival at the next poiii of discharge. A letter from Pliilip Palmer to C. E. L. Jarvis, dated August 28, 1879, enclosing tln-ee protests from C. A. Palmer, D. J. McLaughlin, Jr., an(J A, L. Palmer; Mr. C. A. Palmer's related to the freight, Mr. McLaugblm's set forth that he was an owner of the vessel, Mr. A. 1j. Palmer's related to the insurance on the advances caused by disbursements. These and other preliminai-y proofs of the policies were admitted, subject to Mr. Kerr's oujection. Samuel Schofield was then called. He is a ship owner and agent of 22 years' standing. He stated the Brothers' Pride's value in 1879 would not exceed $5,000; purchM,sed f^t private sale the Belle Walters, brigantiiie rigged, 400 tons, and 2 yeai-s youn^jfer than the^ Brothel's' Pride, in 1879, for $4,000. A vessel of 442 tons is too small for a barque; too expensive to I'un. Cross-examined by Mr, Keir — The ^elle Walters would carry about 195 standard of deals. She was not as valuable in the West India trade as tl") Brothers' Pride; would have re-sold the Belle Walters foi $5,000. In answer to juror Courtenay, witness said it cost $1,000 outlay to make her sea-worthy after he purchased her. The court adjourned for dinner, after which Mr. Schofield resumed the stand.- He knew a vcssl! called the Lizzie Gillespie; lost in December, ? 879, near Cape Canso; had $8,000 in insurance on her; was 425 tons; he oould not stote her age. She haa no hurricane deck, and was adapted for the West India trade ; expended $2,000 on the Belle Wallers after he purchased her and before lie ."ent her to sea; but this amount, witness explained, was not requi:iite merely to make lier seawoi'thy. Underwriters like to have the valuation ?.s large as possible, Re-examined by Mr. Thomson — As regards partial losses, the under- writers are better off, if the vessel is largely insured, than otherwise; has seen as high as $7.50 freight paid for sugar from Matanzas to New York; last y.'^'u* $5.25 was a good fair freight on sugar between the last- mentioned ports; molasses' freight is paid per 110 gallons, gross gauge. This closed Mr. Schofields testimony, 111: Thomson arose and addressed Judge Palmer, who Lad come in court a few minutes previously. Mr, Thomson asked the Judge to pro- duce two policies of insurance en the Brothers' Pride for $3,000, half in the Orient Mutual Company, of New Yoi*k, and half in the Anchor f'ea, he w SHIP SCUTTLING TRIAL. 101 ons ime Uie ting also liilip Ijust- 1(1 i>y sul)- ;, was legos, dvaft e. A 1879, f., and gblin's xlmev's These »ject to [ agent u 1879 Valters, Irotliers' II for a •y about la trade $5,000. |to make dinner, '. called iSo; had iier age. ,a trade; id before •eqvvi^iite ■aluation le under- Iherwise; to New the last- gauge. come ii^ le to pro- half in Anchor Mnrine ks nielado and 12 ft. of water in hold would sink; with 7 ft. of water in the hold she v/ouid sink. He has seen melado in casks ; it would run. Mr. Alward — What part of it 1 Captain Boddie — About half of it. He has been in Cardenas harbor twice. The Florida coast line, witness said, is broken with reefs. If he wus in a vessel off the Florida coast in lat. 27, N., the wind N. E. to E. N". E., and blowing fresh, a heavy sea, pumps disabled and ship leaking^ he would put the vessel before the wind, and if leaking one ft. per hour, and a gale blowing and a high Keiv, he would get the boats out and prepare to quit the vessel. If ho 102 SHIP SCUTTLING TRIAL. . . Mjpr* '■ ' '. abandoned a vessel lie would not set fire to her. Law in England does not allow the master to set fire to his vessel or damage her in any way. Mr. Alward — How do you understand the law as coming upon a derelict 1 Mr. Kerr objected, and claimed that there was no law forbidding a mariner to fire his abandoned vessel. Such a law was against justice and common sense, and if another vessel had found an abandoned vessel, damages, if any, could be claimed. [Register of the Brothers' Pride produced.] If the Brothers' Pride di-ew 14 ft., with 517 tons of cargo, with 720 tons she woidd probably draw 20 in. more. Her beam, wit- ness said, from an examination of her registry paper, was very large ; thought her cargo could be stowed with considerable regularity. Cross-examined by Mr. D. S. Kerr — Witness has followed the sea 48 years. He has never taken refuge at Carrisford reef light. Under close canvas he could approach the light within a quarter of a mile. If he was 50 miles out to sea out of sight of land, he would have hoisted signals — done ^'j because it was his duty. Assistaiice might be some- where. Mr. Kerr — By the way, witness, where did you get your English law about burning a vessel?. He could not say it was impossible for a ves- sel of 215 tons to cai'ry 440 tons. Molasses does foment and make a bad smell. The court adjourned till morning, when Michael McCarthy took the witness stand and was examined by Mr. Pugsley. He has had 50 years' experience in shipbuilding. Start- ing a butt is the separation of the ends of the planking. He never saw a vessel start a butt ; thought it impossible for a vessel to start a butt. Vessel property was at low value in 1879 ; sold one-half a vessel similar to the Brothel' Pride, 7 J years old in 1871, for $4000, the half of the vessel having originally cost witness $9,600 ; would 7iot have given this vessel for two of the Brothei's' Pride. A vessel drawing 14 ft., with a depth of hold 12 ft. 9-10, and a cargo of 517 tons, would probably be loaded nearly down to the main deck. A vessel's draft de- pends upon her build. . i :*:;,--. Cross-examined by Mr. Kerr — Worms would injure a vessel, esi)eci- ally in Monte Video and the West India ports. They play around the seams. Copper does not .sti-engthen a vessel. If copper is put on evenly it will wear all over the vessel the same. Vessels are continually having the copi)er re})aii'ed. He could not, from personal knowledge, tell what starting a butt is ; never saw a vessel with butt or butts started, ton coming in contact with coj)per will not last well. ^ > Re-examined by Mr. Thomson — He had never seen coal put Vetween decks ; he dislikes hurricane decks ; iron and copper will not agree, the latter will eat the former; butt bolts are put in before the sheathing is put on ; copper sheathing will desti-oy the iron bolts if they are exposed to the copper. Stephen J. King was swoi-n and examined by Mr. Alward. He was Secretary of the Board of Underwriters in 1879, and in the latter part of September of that year Cai)tain Tower came to witness and said he thought the rate he was paying was too high, and asked him for a reduc- tion, saying he had just expended in improvements on his house the sum SHIP SCUTTLING TRIAL. loa lOes a a la a jtice ssel, 'ride irgo, wit- irge; ea 48 Fncler . If oisted some- 3I1 law a ves- aake a led by Start- 3 never 1 start a vessel half have 14 wovild aft de- ring especi- lud the put on tinually wledge, stai-ted. 3tween hee, the tthmg is 1 exposed He was \tev part said he la reduc- Ithe sum of $2,600. A vessel with hun-icane deck added after launching would not be as valuable as one originally built so. If a vessel of 500 tons had 200 tons added she would not have anything added to her dimensions or timbers ; she would still remain 500 tons. Cross-examined by Mr. Kerr — New Brunswick vessels are not, as a rule, classed in English Ijloyds. They are chissed in Bureau Veritas or French Lloyds, of which Mr. Sime is the St. John agent, or two Ameri- can associations, of which Captain Betts and Mr. Thomson are the St. John agents. In insuring vessels the insurer wants to put the valuation as low as possible, and the company as high as possible. To Mr. Pugsley — He, in course of his business must have seen some of IJoyds' i)olicies. [An alleged Lloyds' policy was put in witness' hands.] Witness, from an inspection of the policy, believed it to !'» a Lloyds' policy. To Mr. Kerr — He had never seen the original Lloyds' seal and could not swear to the handwriting or signatures. After Mr. Pugsley had sub- mitted several other policies for witness' inspection, all of which he failed to prove, he sjiid to jui'or Hegan that it was not usual to state in mai'ine l)olicies the additional insurance. Alfred Kay, cashier of the Maritime Bank, was re-called and identi- fied a draft dated Cardena.s, 3rd May, 1879, for $913.25 and- paid to Mrs. Tower, ]>risoner's wife. The draft, published elsewhere, was sub- mitted and received as evidence subject to Mr. Kerr's objection. Daniel W. Clark was then called and examined by Mr. Alwai-d. He knew the Brothei-s' Pride and owned 16 shares in her until 1873 ; he sold out to Judge Palmei'. He owned 16 shares in the Royal Sovereign, 330 tons and sold his interest in both vessels at one time to Judge Pal- mer for $2,000. Cross-examined by Mr. Kerr — The Royal Sovereign was at sea when he sold her and had been ashore at Canso the year before ; she was in a law suit at the time he sold her. He was not paid $2,600. Judge Palmer asked witness what he would take for his interest in the vessels. Witness asked what will you give 1 Judge Palmer said $2,000 and ^vitne.S3 accepted ; he knows Captain Tower who was master of the Bessie in -Vvhich witness had a fourth interest. Captain Tower ho had always known to be a x'espectable man. Mr. Thomson — From what you have heard Captain Letteney say, who sits there in the jury in your presence, have you not had your mind affected concering this case ] Did you not hear Juror Letteney declare he would not believe Howard C. Thomas under oath 1 Mr. KeiT arose to reply to Mr. Thomson and h.ad the witness restrained from answering. He said that Mr. Thomson's bearing towards the jury was most offensive and in emphatic tones declared his remarks a gross insult to the jury box and the country at large. The trial, he affirmed, wiis a private one and conducted by^ underwriters. Such procedure had never been known since Magna Charta was passed, 700 years ago. Mr, Thomson explained and said it was only after great deliberation that he had concluded upon this course. The eyes of th'i people of the United States, of the people of England and Canada were watching this trial and he wanted it to be known that if the prisoner was not brought to justice it would be because the jury had been tampered with. '■■♦■ • . *• •■ ■ • . 1 a 1*. 1.)'. •' 104 SHIP SCUTTLING TRIAL. ' ' ■ The coui"t atljoiuTied for dinner after which Mi". Thomson adtlressed Judge Pahiier, who appeared in coni-t, and asked him if he had the paj'^ers that he was on Monday requested to produce. Judge Palmer said he liad not tlie policies of insurance and had never heard of them. He had no correspondence with Belyea & Co., Roxborough & Co. or Stevens it Co., that had any bearing on the Brothers' Pi'ide insui-ance l)0iicies. The Judge was then asked to produce an account current with Belyea & Co., London, np to June, 1879, and agreed to produce it at a later period. Randall A. Morris was sworn and examined by Mr. Alward. He resides at Advocate Harbor, N. S, He has followed the sea since 1864. He knew the Brothers' Pride and had charge of her as captain in 1872 ; left her in St. Stephen, June 1873 ; was at Cardenas in the Pride and took in a melado and sugar cargo. The cai'go was taken from lighters. In leav- ing the harbor she grounded on the bar, so called, the vessel being fully laden and drawing 14 ft ; remained aground several hours. There is not much of a tide in the hnrbor. There was a pilot on board when she grounded ; the wind wns light, and she struck the bar without much force, and remained buoyant, The water is not clear in the liarbor and ]ie could not say he saw muddy water about hei\ There v.^as an air- streak in the hold ; he could not say how far below the main deck, but lie woxild think from 2 J to 3 ft. j the aii'-streak ran, he thought, fore and aft, both sides ; carried in her a cargo of lumber, a cargo of stone and hay, one of coals, (ine of melado and sugar ; the coal cargo was 606 tons ; she drew then between 14 and 15 ft. ; could not say that she would not cany 863 casks melado, though he would think it a large imder- deck cargo for her ; could not say that melado is heavier than molasses ; good deal depends on the quality of the molasses ; he woiild think melado the heaviest ; could not say whether the Bi'others' Pride would sink laden with 863 casks of melado and 7 ft. of water in her hold ; she would sink V. ith 1 2 ft. of water in the hold. Cross-examined by Mr. Kerr — Oulton Bros, engaged him to go in the vessel. Salt water is more buoyant than fresh water, and a vessel would draw more in New York harbor than on the Atlantic. The air streak corresponded with the shear of the vessel. Molasses hogsheads are 32 in. head, and sugar hogsheads are 36 in. and 38 in head on the south side Cuba, and 40 inches on the north side of Cuba. He has known vessels to have their bottoms eaten out by worms. Witness put a new main-mast in the Brothers' Pride when he had charge of her ; she also wanted new boats, sails, etc. In 1873 he did not consider her hurri- cane deck very substantial. Re-examined by Mr. Thomson — If the leak was from below she would make water as well in calm weather as in rough weather. Mr. Thomson then offered as evidence a power of attorney from C. A. Palmer to Wm. H. Nevius, Brooklyn, New York, dated 2."{rd April, as preliminary proof of the policy of instirance of $2,000 in the New Eng- land Insurance Comj)any on the Brothera' Pride and giving authority to collect said policy, Mr, Kerr objected, that the evidence had no relation to his client. No relation to what is set for h in the indictment. SHIP SCUTTLING TRIAL. 105 the vessel le ah' heads on the [e has ss put she hurri- ovild Wi C. A. ml, as Eng- [irity to client. His Honor said he would receive it subject to Mr. Kerr's objection. Mr. Pugsley then said tliey liad finished the case for the Crown, but asked permission to bring a matter of a serious nature before tlie court. It has been lumored, said Mr. Pugsley, that one of the jury in the present case was sworn while having expressed an opinion in reference to the charge against Captain Tower. He wanted to bring the matter before the court at the projier time and wished to do so before proceedings went further. He wished it to be distinctly understood that he had no pereonal reference to any of the jury ; the charge had been brought before him and as a Crown officer he wished merely to do his duty. By a motion he would make he did not intend to reflect on the jury, and it might be that the gentleman that he would name, lieing bound by his oath, would weigh the evidence offered as carefully tis the other members of the juiy. The fact of the charge should be adduced before a proper body of inquiry and he would ask the court tJiat pn order be granted or a commission appointed before the case proceeds further to examine and find out whether a con- tempt of the court in this particular had been committed or not. He proceeded to read the following affidavits to substantiate his belief : — The Queen vs. Wm. H. Tower : I, Daniel W. Clark, of Carleton, in the City of St. John, make oath and say that I reside in Carleton, aforesaid ; that I am ac- quainted with the above named Wm. H. Tower ; that I am well acquainted with Robert Letteney, one of the jurors swoni to do justice in this cause ; that some time after the arrest of tlie said Tower in the course of a conversation I had with Kobert Letteney, at his house in Carleton, aforesaid, about this case, and the said llobert Letteney then and there said to me that no man could make the saiil Robert Let- teney believe tliat tlie said Wm. H. Tower had scuttled the vessel, the Brothers' Pride. (Signed.) D. W. Clark. Sworn before I. A. Jack, April 14, 1S80. The Queen vs. Wm. H. Tower. I, Jacob C. Ross, of Carleton, in the City of St. John, in the City and County of St. John, in the Province of New Briinswick, police officer, make oath and say : — L That I reside in Carleton, in the said City and County of St. John. 2. That I am acquainted with the above named Wm. H. Tower. 3. That I was present at the present March Circuit of this court on Tuesday, the 13th day of March last^past, wlien the trial of this cause was moved and while the jury in this cause was being called. 4. That I am well acquainted with Robert Letteney, one of the jurors sworn in this cause. 5. That when the said Robert Letteney was called I heard him challenged by Mr. Thomson, one of the counsel for the Crown in this cause. 6. That I heard the said Robert Letteney sworn to true answers make to such questions as the court might demand of him. 7. That I heard him state in reply to questions from Mr. Thomson that he knew Tower only to })a8s the time of day with him, and that he had formed no opinion nor had he expressed any opinion about thia cause, nor touching the guilt or inno- cence of tlie said Wm. H. lower of the crime charged against him. 8. That the said Robert Letteney was afterwards sworn as a juror in this cause. 9. That on the third day of February last past the said Robert Letteney was in my house in Carleton, aforesaid, and that on tiiat occasion, after talking on common subjects, the matter of the said Wm. H. Tower scuttling the barque Borthers' Pride came up, and the said Robert Letteney then said a lot of u old sailors had put their heads together either through malice or through a promise of money to trump up this charge against Captain Tower, but that he would not believa the oath >f all the old sailors he ever saw that the said Tower had scuttled the barque Brothers' Pride, and he asked me if I supposed Captain Tower would be such a d fool as to let Thomas know or get Thomas to do this job when there were plenty reefs and ledges he, the said Tower, could run her on and no one would know the difference. 10. That two or three days after this I met the said Robert Letteney again, J; i i 106 SHIP 8CUTTLIN0 TRIAL. : \ ■i li n- when he said tliat Cleveland thought the people down here a lot of G d fools, who did not know anything, l)ut that if old Paln.er got hold of Thomas he would think the devil had him. (Signed.) Jacob C. Kosa. Sworn to before I. Allen Jack, Commissioner, &c., April 14, 1880. Tlie Queen vs. Tower : I, Richard F. Quigley, barrister-at-law, make oath and say that some . S. Kerr — I have only to say it is a vile conspiracy in piece with the w^ay the case has been carried on. The court then adjourned until the following afternoon in order to give jMr. Kerr time to an-ange his defence and his address to the juiy w. S' 108 SHIP SCUTTMNQ TRIAL. m Previous to nddresHing the jury he Hpoke upon the juror Letteney trouble. He read an afHduvit in whicli lie denied having any connexion with the alleged l^etteney affaii-, or having tampered with the witness in any way. Mr. D. S. Kerr said the matter must be investigated before he v;ould address the juiy. The charge was trumped up to cast a cloud over the whole trial. Mr. John Kerr proceeded to address the jury and referred to the l)resent trial as one of the most extraordinary ever tried in this coun- try. In the United States the prisoner is allowed to speak for himself, but here his mouth is closed. He then proceeded to discu.ss the differ- ent counts in the inn audible voice, and none of the crew made any objection. While the j)rotest was bein^ signed three of the crew left the office saying they were going to the consul's office. These were Williams, Hahan and Trisinski. He swore the crew and, before swearing, Jerry S})line asked that the statement be made out again, there wei-e some words he did not understand ; he asked them in detail and individually if there were any objections that they wished to make. They said no, that they had nothing further to state. The crew then signed the })rotest in the order of their rank, the captain fii-st, Roberts next and Thomas afterwards, and George H. Hall as steward, Joseph Anderson, Charley Lutchy [Liitz], Jeriy S])line swore then separately. The captain retiu'ned during the day with Hahan and Trisinski, and the statement was i-ead over to Trisinski and Hahan. They signed the protest then and swore to it. There was another man with Hahan and Trisinski. His name, Ca&sunine, a Russian, was attached to the protest, but as he did not luiderstand English, witness erased the name. Mr. Kerr offered the protest in evidence. Mr. Thomson cross-examined the witness upon the protest. Witness said he wrote part of the protest while the men were before him and part after they went out. Witness' did not particularly question the crew about the water in the hold ; he thought the steward should have known how much water there was in the hold ; knew in many instances that cooks and stewards knew more about vessels than others ; i-emember Trisinski because it was difficult to spell his name, which witness made Trisinski write out for him ; was particular with witness because there was no log-book. The men all proteased to knew that the log-book was lost. m *•»■ 110 SHIP SCUTTLINO TRIAL. ' t He mwle general enquiries aboit the loss of tlie vessel, tlie log-book, etc. Mr. Kerr then oft'ered the protect in evidence, oh testimony to contradict the witnesses Roberts, Thomas and others of the crew. Mr. Thomson objected that it showed the captain had perpetrated a gross deception on Mr. Hiighes. His Honor said he would admit it and jjointed out the fact that it had been partially admitted lUready. The clerk then read the ^jrotest. [For pi'otest see page 5.] (Continuing his direct examination, witness .said he would think all the crew understood what the protest meant. He has been engaged in the ship protest business for 14 or 15 yeara. The Naval Court i>roceedings were then j)ut in witness' hands. He compared them with the record of the proceedings in the Consul's office. The paper in his liand was a true coj)y of what he saw. Mr. KeiT offered the j>ro- ceedings in evidence and it was accepted and read by the clerk. [For Naval Court i)roceedings .see page 6.1 Continuing, witne-ss said that on hull risks underwriters requir(! a high ; owners a low valuation. Wit- ness made insurance on a hull valued at $20,000 ; had known the owner of the vessel similarly insured to obtain additional insurance on the same hidl by placing valuation say $5,000 higher. Mr. Kerr — If a vessel is insured for a voyage from Cardiff and Cien- fuegos, thence to north of Hatteras, but loads at Cardenas, would that policy attach 1 Tlie question was oveiTuled as a question of law. Witness said it fretpiently haj)pened that property is doubly insured. Expenses of in- surance, premiums, etc., do decrease the amount insured. A vessel owned by different parties, each insuiung their interests, may be OA'er-insiired. If a ship deviates the insurance is lost, if anything happens the vessel ; conld not say that premiixms of insurance are insurable interests ; thought they could not be called sej)arate interests. Cross-examined by Mr. Pugsley, witness said he has known the agent and pi'incipal to insure the same values. Mr. Pugsley — Do you think this right? The court disallowed the question. Mr. Pugsley — Is it a practice to collect these double insurances 1 A. No it is not. It is not nsual to insure a vessel up to her full value, but it is done. The oath administered when making a protest is " You do solemnly swear that the facts stated in this protest are true to the best of your knowledge and belief." Witness could not identify policies in the Home Colonial and London Provincial insurance companies. A policy in Lloyds', London, he might I'ecognize. He did not think Lloyds had a seal ; Lloyds' Act is a j)rivate Act. This policy, with one of the Thames and Mersey, Merchants' Marine, and Universal Marine, were offered, but rejected for want of sufficient proof. When the protest was made. Captain Tower said nothing about firing his vessel. Insurance beyond value is a moral hazard. Such a risk would not be taken indis- criminately. Mr. Pugsley — Would it be considered honest and right for the owner to collect such insurance 1 The question was disallowed and witness con- tinuing, said the valuation in marine policies is binding and conclusive except by fraud. 8HIP SCUTTLINO TIIIAL. Ill ook, y to Mr. ^VOHS ; had atest. tncHS Ho The pared paper e ])ro- [Fo)' I that Wit- owner e same I Cien- id that said it I of in- l owned nsured. vessel ; .hought [e agent /od the bs] A. iue, but IYou do Ihe best licies in ies. A Lloyds of the ^e, were 3st was surance in indis- owner 3SS con- iclusive Mr. Pugsloy — Suppose jui owner having a vessel pi'oi)erty valued at .$8,000, insurin;.j it against total loss only up to .'^SO.OOO, would not that }jo evidence of fi-aud 1 The question was disallowed. Mr. Kerr then oftered an accoiuit of the abandonment of the vessel, as jninted in the Maritimt' Register, to })rove, in tsstopple, he said, tliat Ci\\> tain Tower had, up to I 'le 23rd May, 1879, the date of the issue of this paper, known nothing oi the insurances on the vessel. Mr. Thomson dis])uted the evidence. It was received, however, and Mr. Kerr ])oiuted out that Captain Tower had said at the Naval Court incpiiry that it was in the Maritime Jieyister he first saw mention made of insurance. Wit- ness contiiuied : Where an owner may have made or have in view an engagement for his vessel some time ahead, he can by reason of that en- gagement consider the vessel worth more to him than her i-eal value oi- intrinsic woi-th, or what another ves.sel of the same kind or chuss would be worth, and would insure up to a higher valuation with the consent of the underwriters. Partial losses ai-e 10 to 1 to total los.se8. Mr. D. S. Kerr— Suppose $5,000 insured on a vessel valued at $12,000, and $8,000 insured on a ves.sel valued at $16,000, and $5,000 on a valu- ation of $22,500, would that insurance according to practice be collecta- ble and valid, no matter what the real value of the property at risk 1 Mr. Thomson objected that it was a question of law. Mr. Kerr then altered the latter clause of the question and it passed Mr. Thom.son's objection, reading: "Would it pay?" Witness said an underwriter would not ])ay in any case where the valuation is fraudulent. If the in- surances were made in the order set down by Mr. Kerr they would be collectable. It would also be a question who was the prior and who the subsequent insurer. He has known a freight to be insiu'ed for three times the amount at risk and held to be valid by the courts. Mr. Thomson — What? Do you mean to say it could be collected? A. Yes, for a vessel frequently goes to a port and it is not known what she will take in. He has insured vessels by the year. To a Juror^ — It is a common practice to insure freights by the year and the risk paid in case of total loss, even in cases where no freights were at risk. Geo. a. Simpson was called — He said he is a master mariner of 28 years experience ; has known Captain Tower for 6 years ; known vessels to be badly worm eaten. From one vessel he had seen by the pi'ocess of heat, worms drawn a half to one inch in length. A vessel of very broad beam would be likely to leak more than a nai-i'ow-beamed vessel. Car- denas is an open bay suri'ounded by small cays, and the nearer the town the more shoal the water. It is a wonny harbor, and has a dark muddy bottom, covered with eel grass. [Chart shown to witness, who explains harbor.] The seco'.id mate, witness said, is always in the captain's watch, and this fact would bring the captain and second mate frequently toge- ther. It would depend tq)on the wind how long it would take to go from Cardenas town to the vessel lying in the stream. If Captain Tower went ashore at Cardenas to settle his business on Friday night, he would be doing well to get back to his vessel on Sunday night. Usually boats do not, on account of the winds, leave shore there for down the harbor, un- til morning. A hole bored in the air-streak, three feet below the deck W[ \yw^ 112 SHir SCUTTLINU TUIAL. if could not coino out at a Hevou-feet draft or at the li^ht water line. Tlic airstroiik, from whoro witnoss undor.stood it to bo locatod, wuidd l)0 nix or seven foot above tlio copper or light wator lino. A \ohso1 wuulii fill rapidly with wator with four or five augor holew bored in her below the water-line. AVith out; holo two pumps would not keep her clear. A load(Ml ves,iel with two jnimps going and two 1| in. h()l{\s admitting water would till in 3G hours. It would not bei)o.ssiblo for tho pumps to "suck" with on(3 holo running. If a vessel was on her starboard tack and the; copper was 4 feet below tlie load lino, the copi)or could be seem ; never saw a vessel's timbers 1 ^ feet apart in tho stern, they gentn-ally run close together. With 12 feet water in her hold no man could take her into any port. Tho vessel could not be taken into Jacksonvillo ; she could not pass over tho bar there. Whore tho vessel was abandouf^l tho Gulf stream runs about three knots an hour. If the wind was blowing 4 knots and tho stream numing G knots, both in oj)posite directions, it would have been impossible for the vessel to sail against the stream in any con- dition, ilero Mr, Kerr asked his honor to refer, by his notes, to liol)erts', the first mate's, conversation that he said he had with witness, Cai)tain Simpson. His Honor — Did you see Roberts in New York^ A. I did ou New Year's day last. Ilis H:t■■-.y:- ,e casks !■■■:. t sugar. ics, and s keeps '.;.-,i,-i By the Iragged carry. |r 1,700 ■J-ti-t--^ lolaHses. * K of his lut 620 Bild A ■hold 13 lit with ■ There Hrt so as Hl- a man ■ If the H)f water V!' ;(-.■ ,. ■ ,;;^:;r t.i; ,- • •;! Captain William H.Tuwer. I'r," 1/ «1 /•■ > >>,* SHIP SCUTTLING TRIAL. 113 through the hole wou] ? A. I did not like Thomas, he told stories and raised a distuibance. Witness left the vessel in Octo- ber, and said Captain Tower was learning Thomas navigation during the voyage, and that the uncle, Corning, gave Thomas in chai'ge of Towei'. Thomas acted like a boy. The captain's manner to '- rds Thomas was not as it would be towards an adult ; heard Thomas describe how he went vould suck, Crossrcxamined by Mr. Pugjley — Vessels coming out of Cardenas generally stick in the mud ; the Wilson pumps aie very gootl and will throw about 1^ in. continuous stream. If the holes in the vessel were near the stu-face the pi'essure of water woidd not be as much as if the holes were further down ; did not think the vessel sailing four knots would alter the jw-essui-e ; was of the opinioxi that the pressure would be more when sailing than at anchoi-. If the vessel was sailing 4 knots, and befoi'e a heavy I^. E. breeze, auger holes 2 ft. below the load line might be seen by a per .on standing on the bumpkin, providing the holes were not too much under her tuck ; the water might si>out out of th'j holes 2 ft; If the vessel was strained by going ashore in Cardenas harbor she would soon commence to leak when outside ; if sailing 7 knots an houi- on Tuesday afternoon at 4 o'clock, she would be in north lat. 26.34 and 60 miles from the Great Isaacs ; if in this position, in a heavy gale, with a disabled vessel, he would endeavor to work her down to the Isaacs and run her ashore ; if she had 3 ft. of water in her hold he would shoi-ten under two lowei- topsails and head her to the eastward ; it would not be impossible to tak3 down the current that sets in between the Gidf Stream and the Florida coast ; have anchored frequently close to the Gun Cays oflf the Florida coast. Mr. Pugsley then endeavored to jjrove that the barque could have been conducted from the Martinella reef across the Gull Stream before a N. E. breeze into the eddy off the Florida coast and taken shelter near the Florida reef. From the posi- tion of the vessel on Tuesday- p. m., 4 o'clock, she would be 65 miles from the S. E. point of the Bahama Islands. That coast is a deep water coast, and would be good slielter from a N, E. breeze ; was present at the Naval Court inquiry in New York. If the vessel was making one foot per hour and one pump broke he would hardly know^ what to do with her; would beach her, if possible, and let her go into the hands of the wreckers and obtain tin; price of his passage home. Witness was then re-examined by Mr. D. S. Ken* — If wlien and where she was abandoned, she had six feet of water in the hold, and was making one foot of water an hour, she would sink before she got to any })ort, or even beached; believe it is not lawful for a master to burn hia derelict. In answer to a, juror witness said a vessel half full of water would roll deeper on the lee side than if she was full of water. In answer to another juror he could not say what would be the additional weight of 12 ft. of water in the Prides' hold. Frederick J. Doherty sworn — said the Brothers' Pride was built by him in 1866, at the Mai*sh Bridge, St. John, the foreman of the yard bemg Mr. LeBaron Jenkins, who is not in Canada now. The vessel p. g. 116 SHIP SCUTTLING TRIAL. r^. ■ 1 I' ' '■; i was built for Oulton Bros. At tlie time she was built she had only one deck ; Enj-^lish Lloyds' agents, Tucker and Lapthorn, examined her, a'.id she classed A 1 5 years, the highest class given for spruce vessels at that time ; the aii'-streak in the vessel wo'dd be about a stringer and two clamps below the deck ; the streak would be about three feet below the deck 'midships, and would taper off from the deck astern about two inch- es ; the vessel had a pretty good t hear fore and aft ; the air-sti'eak was about 3 ft. 10 in. below the deck amidishii^s, and 2 ft 10 in. below fore and aft ; the deck was about four inches thick ; this is the iipper aii-- streak; there was an a^'-streak running forward 15 ft. from the steni- j)Ost, located down by the keelson and Ok\ not run all round the vesse'.. Q. At 19 ft. forward from the sterii how far below the deck would the air streak hel A. I cannot answer to an inch, but think it would be about 2 ft. 10 in. This would be from the lower part of the deck. Taking the load line 14 ft. and the light water line 17 ft., the air-streak would be above the load lijie 2 ft. ; did not know any place between her tim- ber 1| ft. apart; widest space between timbers 'midships would not oe over w inches. The Brothera' Pride was a lean vessel aft, and her tim- bers in the stern were not an inch apart ; remembered this because he had a difference of opinion about it with the inspectors ; the second air- streak was put in because the timbers were so close together ; her timbers were 9 in, in thickness; an auger of 1^ in. size would strike the timbei-s if a hole was boi'ed through either air-streak ; from the location of the upper air-streak witness could not see, from the way she flaired up aft, how the hole was bored ; the Brothers' Pride was lean under her quarter and light aft ; forwaid she had a big shear, but not so much aft ; she had a blufi" bow, her floor timbers were about 12 inches ; was never to sea in her. In answer to several jurors, witness said the air streak was about 3| to 4 inches wide. The vessel having a 14 ft. draft, a boring through the air-streak would come out two feet above the load water line. [Th*j witness drew a plan of the air-streaks and explained it to His Honor, the counsel and jury.] The deck did not follow the shear of the vessel ; the deck had no I'ise aft. In the air-streak there were chalks about 18 inches apart, could not say the chalks were under each knee ; chalks might have been under the beams of the deck. They were about four inches wide and six inches long and had nothing to do with the frame. Croiis-examined by Mr. Thomson. He built the Royal Sovereign in '65 and has not built a vessel since the Brothers' Pride. He is a member of the Portland Town Council ; had a model of the vessel, but it was de- stroyed in the great fire of 1877 ; x*ecollects and has an accurate recollec- tion of 1 4 yeai-s ago, that the air-streak was 3^ feet below the deck. She drew about 5 ft. when she was launched ; knew nothing of the load-line; aft the air-streak would be 2 ft. 10 in. below the stern; he was at Mr. Ken-'s office ; he answered Mr. Kerr some questions about evidence. Mr. Kei-r re-examined witness, but made no new points of impoi-tance. Cha8. Nevins was called. He made the spai-s of the J^rothers' Pride ; could not state exactly, but the '/essel's air-streak was about 3 to S^ ft. below the deck amidships ; at about 20 ft from the stern post the air- streak would be about 2 J ft. from the deck ; is not positive. The shoe- uag of a vessel, the Brothere' Pride size, would be about 2^ to 3 in. and SHIP SCUTTI NG TRIAL. nt 3Ugh the keelson 12 to 13 in. in depth. He owns ^ in the barquentine Jane "Wright, 418 tons register; she is 13 ft. hokl. He remembei-s the posi- tion of the timbers aft in the Brothera' Pride ; they were /ery close, probably about 1 in. apai-t, but could not have been \^ ft. apaii;, she being a wooden ship. Between some of the timbers a 1 J inch auger could be run ; chalks are put in between the air-streak to sui)port the deck ia ca.se of a heavy deck cargo. The dead weight capacity of tha Jane Wright is 654 tons ; knew a vessel to sink at the wharf, Cape Breton, she having been eaten through by worms ; has seen woi-ms 2 inches long and an inch in diameter taken from the huUs^f vessels. [The wormr eaten piece of deal was again shown to the court. The holes by which the worms made their entrance into the deal were very small and hardly noticeable, but the heart of the deal was literally scooped out.] Haa seen some of these worms, he described, u,!! /e ; thought that when the worms got in the planking above water they died. In a heavy chopping sea a vessel will strain moat amidships ; a plug could be i)ut in a 1 J inch hole bored in a vessel's stern below the water line ; it would be difficult to get a phig in, but with a tapered edge it could be done. The rush of water into the hold would make a noise that could be heard, he thought, ' all over the vessel ; in launching one of his vessels, 625 tons, a |th inch hole was left open in the hold of the vessel aft near the keelson ; was on ; the deck at the time, and shortly after the launch heai'd the rush of water from below. The vessel was launched at 10 o'clock, a. m., on Saturday and on Monday morning she had 3h feet of water in her, the water com- ing through this hole. Mr. Ken- — What did the Jane Wright cost, built and equipped for sea in 1873? Mr. ThomsoK objected. The value of a vessel at this time had no relation to the case. His Honor said that the value of a vessel in 1879 would be applicable; the value of a vessel built six years previously would not be evidence. Cross-examined by Mr. Thomson : — He h\d not intended to mislead the jury by any of his statements. At sea he thought the rush of ; watev through the holes in the Brothers' Pride, could have been heard on deck if the lazarette hatch and the lazarette hold hatche were oj)en ; • the noise of creaking ropes and whistling winds might have hindered those on deck from hearing the rushing of the waters below ; could not say that the clamps and stringers of the Brothers' Pride have a 2, 4 or 6 inch taper amidships ; would swear that the timbera between the forward and stern posts of the Brothers' Pride were from 1 to 4 inches apart ; had a personal inspection of the vessel when she ^^as building, and felt pretty sure of what he was saying ; down near the keelson the timbers were sometimes further apart ; if a vessel lay at Cardenas thi^ee or four weeks and made no water during that time, witness would be surprised to know that she became water-logged when two days out to sea ; if the Brothers' Pride drew 14 ft. with 517 tons, she would pro- bably draw 2 ft. more with 200 tons additional cargo. Mr. Kerr then re-examined the witness. No additional particulars were ascei'tained, however. John Calhoun was sworn, and examined by Mr. D. S. KeiT, He resides in Carleton, and has been a mariner since 40 years ago, first start- 4i "T *■'■)» 118 SHIP SCUTTLING TRIAL. ing out as cook; has never been in Cuba, and lias no acquaintace with Captain Tower, the accused. The ship John Parker Avas built in 18.57. Witness i-elated his experience in this vessel, how she would suddenly become tight, and as suddenly become leaky ; lipping oft* the copper near the keel, the leak was discovered by the carpenters, who said she had never been caulked in this one spot, and over this defect she had been coppered ; had seen another vessel that had been coppered over an open butt; it is a probable plac^ for a vessel to leak at tl:out 3 ft, 6 in. to 3 ft, 9 in. Boring through an air-streak 2 ft. below the deck beams could not come out at the cojiper or light water line, nor if it was 3 ft. below. If the vessel's hold was 13 ft., a boring 2 ft. below the deck could not come out at the load line ; never saw nor built a ves- sel with the timbers below the deck, abaft the mizzeiimast, 2 ft, apart. About 19 ft, from the stern the timbei-s are generally placed as close together as i)0ssible ; they are not always so ; the space between is left for air and salting. He never saw a vessel with timbers li ft, apart. From the inside to the outside of the Pride's hull would be about 18 or 19 inches; it would be impossible to bore four holes 1^ in, size between her timbei-s, ; hurricane deck vessels cost more than single deck vessels of the same length and beam, probably one-third more ; the noise of water coming tln-ough four holes into the hold of a vessel, the lazarette and lazarette hold hatches open, would be heard on deck at least by the man at the wheel. To a juror — If a vessel was cop[>ered up nine feet, a hole three feet be- low the main deck beam would come out about five feet above the light water line. If a man Avas .sent into the hold to look after the leak it would be impossible for him to be there and not hear the rushing of wf»ter into the hold through a hole 1^ inch size. The vessel's rolling would not i)revent a man from finding out such a leak if he was in the hold looking for it ; if there were five feet of water in the hold the water would swash against the main deck. To Juror Ruddock — Witness .?aid there was often a wane of 1 2 inches in a vessel's timbei's. Continuing he said, wanes do not generally come in the air-streak ; it is an error in master workman to allow butts to come in the air-streak ; frequentl}" a piece of wood is inserted in the wane ; has seen wanes or defeets in the timbers of a ship in which three or four 1^ inch auger holes could be bored abreast *" one another, but he never did SHIP SCUTTLING TRIAL. 11» be- liglit the ,'ater Relies 3ome 3ome has did in the air-streak or upper part of the ship ; the air-streak is generally ke})t clean and nice for ins])ection. Cross-examined by Mr. Alwiu d — Wanes are frequently in the timber* of a vessel ; has never seen crooJ ^"1 timbeis in a ship ; .i wane in the aix*- streak never increases the space, between the timbers ; could not say that he had ever seen a wane all the way through the timbei-s ; could not swear that he ever saw a wane of six inches in the timbers of the air- streak ; has seen wanes in the tinibers of an air-streak that had not been pieced out ; has seen side wanes pieced out ; saw one in the Hany Bailey, now being overhauled on the blocks in Carleton ; has seen wanes within a foot of the air-streak biit never in the air-streak. It is not generally considered that wanes in the timbers injure a vessel. Mr. Pugsley— Could four \\ in. auger holes three in line with each other and one a little above, be bored in a space between timbers of 6 in., each hole one inch apart ] A. Two of the holes wcidd have to be bored very close to the timbers. The chocks in the air-streak are generally from 12 to IG in. size and 5h ft. n\)avt in a vessel, no matt.jr what her size ; if the auger hole was bored and oakum put in the ski.i, suiEciently secured so that the water coxdd not carry it away, the rush of water could not be heard on deck if the hatchei; wei'e open ; if the pumjjs were working they would make a noise, but not in the hold. The water coming in the hole would make considev.ible splash, but could hardly l)o heard on deck if the hatches were down ; if a i)arty went down into the forward part of the hold, and this hole was running, he would hear it, even if there was coiisiderable water in the hold ; independent of the swash the noise of two iimning holes could be heard in the forward part of the hold. Re-examined by Mr. Kerr witness said he had seen spaces in vessels* timbers further apart than two inches. To the Ijest of his judgment and recollection he has seen timbers in «he stei-n \nivt of a vessel five inches apai-t. The Hany Bailey was an unusually open ship ; her tim- bei-s were small ; the space between timbers abaft the mizzenmast sUould not exceed four inches. Mr. Kerr — Supposing the mate went down into the hold on Tuesday afternoon when it is stated the four holes were running, and when there was no accumulation of water in the hold to swash, could there be any difficulty of the mate's hearing water inin from the holes. Witness said there could have been no difficulty. With the permission of the court Mr. Pugsley put a few additional questions. It would make no difler- ence in the roll of the vessel if she was on her starboard or port tack, the water inside would swiish all the same ; oakura could be put in the skin of the vessel so as to be firm enough to resist the force of water ; proper tools would be required ; it would be difficult to make the oakinn fast ; the oakum if put in the skin would be l)elow the holes altogethei-. To Mr. Kerr witness said he did not see what effijct the oakuui would have ; if the hole was bo';ed in the air-streak no oakum could be kei)t against or in the hole without a prt^p oi fastening of some kind. To Jixror Dixon — If an auger hole w as being bored below decks in the stern, and lie' (Avitness) was at the helm he would recognize the sound of bor'ing from below ; it would require considerable force to insei't m jflo SHIP SCUTTIING TRIAL. a \)h\(r in one of these lioles, nnd tlio noise would be lieard all over the vessel. KoHKHT Jenkins was sworn: He is 56 yeai-s old, and for 46 years has been sliipbuildinjjf ; has built or been concerned in l)uilding about 60 ships; liCsBaron Jenkins, a brother of witness, superintondxid the build- ing of tln^ Brother s' Pride ; she was built at the Marsh bridge in the old McDonald yard, under the inspection of Mr. Tucker, Mr. Lapthora, and Mr. Bayzant, agents for English Llo3'ds ; never knew a vessel to carry in dead weight doulde the amount of her registered tonnage ; has known vessels to carry nearly double their tonnage in dead weight. According to his recollection the Brothers' Pride's tiin})ers were from 2 to 4 inches apart ; remember that the Brothei-s' Pride had two streaks under her beam — one stringer and clamp coming between ; the top of the air-streak was 19 or 20 inches from the beams, amidships; aft, abaft the mizzenmast, it would be about 16 inches ; the beams were 8i in, and her deck 3 inches ; then the streak would be about 2 ft. below the under flooriiig of the deck ; her ceiling was about 8 inches ; from the main hatch to the bumpkin she had a shear of 20 inches ; the m.'iin deck beams had a six inch crown ; the distance between the shoe and the in- side of the ceiling is about 42 inches ; from the covering Ijoard to the bottom of the shoe, witness said, after calcidating on paper, was about 17 ft. 4 in. amidships, and taking in the shear aft, she woidd be 19 ft ; at 15 ft. from the stern she would be 18 ft. 6 in. deep. If a l)oring was made 19 ft. forward of the stern in the air-streak, and the vessel loaded drawing 14 ft. the hole would come out 18 or 20 in. above the load line. Wit- ness jiroduced a i)lan of the vessel he had made at his own instance ; took the facts upon which he drew the plan from his head ; took the aize of the timbers from Lloyds' books. The plan was shown and ex- plained to the jury by the witness. The witness proceeding, endeavored to give the vessel's dimensions from memory, but the court and Crown counsel objected to witness refreshing his memory in this paii;icular from the contents of the register of the vessel. Witness said from niemoiy and from calculations, a boring out through the air-streak would come out above the load line ; fi'om calcidation the air-streak was about 18 in. above the load water line. According to her shear he gleaned this measurement ; never measured her shear ; never made any actual measurement of the Brothers' Pride ; made the measurement from his memory and judgment. If the Pride was on her starboard tack she would be listed about 5 inches ; has never seen timbers H feet a})ai't in a vessel ; l)oring out through her light water line would be about 7 ft. above the light water line ; if the holer, were bored through the side, 4 ft. below the load line, they could not have been bored in the air-streak. Cross-examined by Mr. Alward — He was in the Brothei-s' Pride when she was Ijuilding ; from his memory he would swear the air-sfcreak was 18 in. above the load line ; this was from guess work ; a man's judgment is guess work ; could not say he never measured a timber in the Brothera* Pride ; never measured a timber in the Bi'othei-s' Pride. Mr. Alward — Then your statements are guess workl A. You may call it guess work if yoxi j>lease. He went into the hold of the Brothers' Pride for curiosity ; did not go hunting for an air-streak ; did not obtain SHIP SCUTTLINCJ TRIAL. 121 ftks lot: aaft and ider aain leek a in- )the It 17 • L5 a iel9 wing Wit- nce ; the ex- ored rown cular from ouUl iibout aned ctual his she in a 7 ft. de, 4 reak. ■when was raent 'thei-s' may Ithers' Ibtain any facts from Mr, Charles Palmer about the lirothei-H* Pride ; Mr. Kerr and CharleH Palmer were at hi.s house ; he took the timbem from Lloyds' book. Three holes, \\ in. size, with 1 inch between the holes abreast of eacii othei", would take u]> a line sjiace of 5| in. ; if another hole was added above ^ in. distant from the othei"s, the sj)ace in line would be 6^ in. ; his measurement of the beams is ail guess work. Re-examined by Mr. Keii' — Has no interest of any kind in the case ; was interested in the building of the Brothers' Pride, because his yoimger V)rother was fort man in the yard at the time and witness frequently visited the yard to give his brother advice ; was on board the Brothers' Pride once a week wlien she was buihling, and saw her from a distance every day. If there was a s))ace of li ft. in the timbera of the air streak the vessel woidd not j)a88 Lloyds. A vessel is built according to Loyds' rules ; conld timber a vessel to within an inch of all Lloyds' measurements ; never actually measured any of the Pride's timbers ; from his experience and knowledge an a sliipbuilder, he could tell the size of lier keel plates. Alphonso Rouse was sworn and examined by Mr. D. S. Kerr. He is a ship nuister of 8 years' experience, having sailed to Cuba 8 times. Witness was second mate of the Brothers' Pride in 1869 ; sailed in her to Scotland, thence to Portland Me., thence to Bathurst, N . B., where he left her ; she was a good working and carrying vessel, and a stiff .ship that would not list mere than 12 in. If she was in the Gulf Stream on Tues- day, 6th May, 1879, at 8 p. m., N. lat. 30.30, and leaking 1 ft. per hour, .she could not have been got into any i)ort ; it is about 73 miles from Car- denas to Havana, ; to Matanzas 47 miles ; the ve.ssel in this .state and one funjp tlisabled could not be takeii to any of these ports ; if drawing 14 ft. she could not enter Jacksonvillo harbor, but could Brunswick harbor ; the coast of Florida is a nasty place ; if the vessel was in the condition described he would have abandoned her : was in the Kate Lpham when, lOadeu with iuml)er, she had 9 ft. of water in the hold ; then experienced difficulty in keeping the men at the pumps. From calculation ujjon the chart witness said the Brothers' Pride would have been in about 28.30 N. lat. on Tuesday night. When second mate of the Brothere' Pride in 1869, he tore off the battens off her air-streaks while washing out the hold ; the air-streak ran aft the pointer ; she was a half-round stern ; the pointer was about 1 2 ft. from the stern-post ; the upper air-streak, at a location abaft the mizzenmast, would be about 15 in. below the deck ; the sweep of the air-streak below the beams was about 15 in. ; the air-streaks were about 4 in. wide ; each air-streak was about 2 or 3 ft. long, and then a chock between them ; some of the chocks were iinder the iron knees; her beam was 9 in. deep; the air-streak was from 15 to 20 in. under the beams ; she was three feet from the outside of the planking to the shoe ; from the inside of the skin of the Brothers' Pride to the out- side of her planking was about 22 in. ; the inside ceiling is the skin of the vessel ; the skin is about 6 in. thick, the timbers, very small, would be 10 in. and the outside jilanking 6 in. ; the air-streak was 10 in. deep ; if no help was in sljjht it would be useless to put up a signal of distress ; the Florida coast is a bad one to land upon ; the Brothers' Pride's jiosition was in the centre of the Gulf Stream and as a derelict .she would have been very dangei'ous to passing vessels ; taking her draft at 122 SHIP SCLTTLINO TRIAL. 14 ft., holes l)ore(l in her upper air-streak ought to come o>it ahove the load line, i)erhaj)s a loot ; the lioles hcing on the starboard Hidci, and tin! vessel b(?ing on the starboard tack, lier list would bring the holes three inches higher above the water considering how slu^ was lurtd(vl, that slu^ was a stiff ship, and before an oi-dinary breeze ; if she was under fidl sail she would list, probably, two inches. A N. E, wind generally kicks up a nasty rsea in the Gulf — the wind and stream Ixnng in opposition to each other ; it would be wise to take in the topgallant-sails if the wind was blowing hard and the vessel leaking; shortening sail would help to les-seu the leak ; he remembered the lazaretto and lazarette-hold hatches ; the water must have been coming very slowly through the holes to admit of oakiun remaining in them ; if there was any force at all the oakum would bo washed out ; if there Avas a hole being boied below in the stern, the lazaretto and lazai'ette-hold hatches being open, the sound of the boring ought to be heard by the man at the wheel ; if the hatches were oj)on, the water rushing through the holes ought to have been heard on deck. The pumps would suck with one hole running of the size mentioned. Ci'oss-examined by Mr. Pugsley — Witness said he has chiefly been in the employ of Mr. A. L. Palmer, but is in command of no vessel just now. Cape Florida would be about 25.40 N. lat. Hillsboro Inlet would be between 15 and 20 N. lat. ; bbtween Juj)iter Inlet and Cape Cana- veral there appears a reef on the chart ; the coast from Jupiter Inlet to Cape Canaveral is more dangerous than the coast from CajJO Florida south ; knew nothing more about it than the chart indicates, and could not say there was a sandy beach between Cape Florida and Jupiter Inlet ; the chart show an inlet named Indian River. There are no lights to guide the mariner between Cape Florida and Jupiter Inlet. There is nothing to be gained by going where there are no harbors ; would sooner run ashore on the rocks than in among the cays. In lat 26.. 30 the dis- tance between the cold v/all of the Gulf Stream and the Florida coast is about 16 or 18 miles. There is one lighthouse indicated by the chart l)e- tweeu Capes Canaveral and Florida ; between Cape Canaveral and Jupi- ter Inlet the water, 10 miles offshore, is five fothoms deep; New River Inlet would be 13 miles from 26.6 N. lat., 79.56 W. Ion. and 12 miles from Hillsboro Inlet ; from this [msition I^'^av River Inlet would be S. W. and Hillsboro Inlet N. W. From the Bi'others' Pride's position on Tuesday afternoon, Jupiter Inlet would be about 25 miles distant ; the Great Isaacs would be E. S. E. of her position ; did not consider the anchorage there good ; would not like to be inside the Bahama Banks in a N. E. storm. Mr. Pugsley — What would you do if in a vessel having 3 ft. of water in her hold, a cargo valued at $38,000, oiie pump disabled, a gale of wind blowing and a heavy sea 1 A. The first think I would do would be to see if I could mjister the leak or keep the pumps under con^ 1 ; would not leave the pumps under any consideration ; even if he had only one pump and a heavy N. E. wind blowing he would stick to that pump ; would keeji the vessel on her course until he could get the pumps under control and could do nothing else ; if he put her on a lee shore the chances of the crew's safety would be lessened. After getting the pimips was wrii the ontr '•egtilates hook, an thejuiy, no entrie discovere Mr. Ken nautical c not make commence nient of a To His every ]iou np to nooi tJie Jog pa( liOBEHT wiio said h i the Bj-othe ribbon lier for Jier size tJie stern w put a clam] '•an aii rour J of clamp cai I fhe clamp av lahsstreak ; , Ithe lower ed hessel fromi I A Jiole borec I't would not jl'i'obably com SHIP RCL'TTl.INa TIIIAL. 12a the tilt! she Kiiil each WftS ; the it of ikiuu 1 the lUd of itches been :)f the een in 3I just woukl ! Cana- uleb to Flovi(hi d coiiUl Inlet ; ,2hts to 'here is SOOUf'V Ithe dis- jcoast is Imi-t he- ld Jupi- River 2 miles d be S. ^tion on :it; the der the [anks in water )f wind Id be to would July one pump ; Is under ^re the pump^ \indor control ho would consult his cliavt as to a placo of Hholtcn- ; uftor he knew her dcstniction was inevitable he would consult his chart ; would not give her up ovtjn if she had 9 ft. of water in the hold ; would stick to her until tho hist. The log book was shown to witness and ho pointed out that iv had not been kei>t properly between April 27th and May 4th, 1871) ; between these dates there were no entries. The wind bcnng c wt, no vessel could head N. by N. E. ; th(! Ixjst she coidd tlo on t\\o. starboard ,tack would be N. by E. If he could not free the leak he would not, on any consideration, go on a lee shore mdess positive he could find a harbor thei"e ; would not attempt to make Jupiter Inlet with the wiml N. E., in a vessel in that condition ; was positive the air-streak in the Ih-othora' Pride was about 18 in. Ijelow the beam ; could not tell anything about the s))aces between the timbein at the air-streak ; in the tintber-streak he could get his hand between the timbei's. The force of water thi'otigh an auger hole ii. the bow and one in the stern would be about equal, even if the vessel was sailing. Ee-examined by Mr. Ken* — Would not have a mate that would keep a log like the one exhibited. Taking up the log book witness said the log was written up from April 27th to May 4tli in one space of 12 hours ; the entries should be made ashore as well as at sea ; the Board of Trade regulates the mate's log. Witness pointed out other defects in the log book, and said each i)age represented 24 lioui's. Ho explained the log to the jury, and said between the dates of April 29 and May 4 there were no entries. While showing it to the juiy, however, witness said he had discovered the missing entries, but that they were somewhat mixed up. Mr. Kerr, jjointing to a place in the log book, a.sked witness if it was nautical or civil time. Witness .said froni the shai)e of the log he could not make head nor tail of it and handed it back to Mr. Kerr. If the lop; commenced on Tuesday afternoon it should be 2 a. m., the commence- ment of a nautical day. To His Honor — Witness said the log should show what took place- every hour, not every two hours, as the book indicated ; the last entry is u}> to noon civil time on Tuesday ; there is a si)ace for every 12 hours in the log pages, though in this log 24 ho\u"s is entered in each 12 hour space. RoBEUT McBbide was sworn. Mr. John Kerr examined the witness who said he is a ship carpenter of 27 years' expeiience ; he worked on the Bj'others' Pride, and helped to frame one side, regulate the frame and ribbon her ; coidd not speak of her shear ; she was a large framed vessel for her size; her timbers were 2 to 4 in. apart; the timbers 19 ft. from the stei'n were not more than 4 in. ajjart ; none were 1^ ft. apart ; hel})ed put a clamp and stringer in the starboard side of the vessel ; the stringei' jran ail round the ves.sel and amidships was about 10 in. thick; a streak of clamp came after that ; from the top of the stringer to the bottom of the clamp was about 20 in. ; the bottom of -the clamp was the top of the air-streak; abaft the niizzenmast the air-streak was about 18 in. below I tlie lower edge of the deck beams ; abaft the mizzeiunast the side of the vessel from inside of ceiling to outside of planking was 17 to 17^ in. thick. [A. hole bored in the air-streak could not come out at the light water line ^ lit would not come out imder water, the vessel drawing 14 ft. ; it would 1 probably come out 18 in. or 2 ft. above the 14 ft. draft or load water line. 124 SHIP SCUTTLIKO TRIAL. 1 J. i J he spjuiks from reiiioiulwsi'H tlui CroHS-nxamined by Mr. Alwnnl — WitnesH measured tiinberH in tlio Brothei-H* Pride, the top tiiiilHTH to the gunwale from the Hecond footing. After tlie lapse of 13 3, ears he renuunberH thewze of the timbers which ho liad to decide and measure. Her foothooks were 10 in. n distinct rt«ollection ; has built 25 to 30 vessels ; Brothers' Pride because Doherty, the builder, Coun. Dohorty, was a funny man, took a little beer occasionally and acted ridiculous in the yard. The stringer was 11 in. dee[), ho remembera as well as if yesterday ; never ]tut an axe in the clamp and could not give its width ; thought the air- streak was 20 in. below the l>eam. From the top of the deck to the top of the air-streak was 30i in. or thereabouts. (.Jkoikjk Dk'K was sworn. He is a ship master and has had a captain's •ceititicate for about 20 years ; carried a load of sugar from Canlenas and a cargo of melado from Matanzas to New York. To go from the vessel to th(! shore, the captain always takes the second mate with him. It would bo reasonable for the captain to go a.shore on Friday night to settle his business and not return until Sunday night. In coming out of Car- denas before a free wind witne.ss would sight Salt ('ay bank ; if the wind was N. E. or E. N. E., he would haul Jis clo.se as he could to the wind; rats will gnaw the seams so as to cause a vessel to leak ; vessels frequently leak at the hood and ends. A vessel lying a couple of months in Cuban j)orts under a hot svui would have the oakum in her seams dried u[) con- siderably and would be aj)t to leak. If the vessel was leaking it would be wise to shorten sail; if the vessel wjw in 27.30 N. lat., and 79.56 W. Ion., with 8 ft. of water in the hold, she could not have been got into any port the leak still gaining. Witness said the crew would l)e justified in leaving a ship with 8 ft. of water in her hold ; the vessel in this condition, with a cargo of melado on board, ^\■ould be apt to sink suddenly. If the pumps were broken 50 miles from any port, and the vessel gradually making water and overjwweriUg the pumps, Avitneas would not have at- temi)ted to beach her ; with 10 ft. of water and 32 tons of ballast in her she would be likely to go down at any moment; with 10 ft. of water in her hold he would have considered her to be entii-ely lost, and abandoned her as soon as he could ; the master of such a vessel could not, no matter how interested, have done anything to save her. Mr. Kerr — Can you form any idea of the sound that would be pro- •duced by water ruu nig through four auger holes in the bottom of a ship? Mr, Pugsley obj'v':''. to this evidence, the witness having no scientitic knowledg-^ A the f.;.ce of water. Mr. E'eir contended that the witness being a mariner, was a pi'actical man, and could give an idea on the point. His Honor admitted the evidence, witness being a master of a vessel, and as the jury would probably form an opinion upon the point, they might gain some assistance from the opinions of mariners. Witness re- suming said, the noise could be heard on deck, at the wheel, in the cabin and on the main deck. If the mate's room was on the same side of tliej iship, and almost above the holes, the mate should hear the water runninj without any difficulty. A derelict would be dangerous to navigation, He is acquainted with Captain Tower, and has known him about 1 years, and has always looked upon him as a respectable, prudent am faithful shipmastei*. it is, I liea\v who H( Hic about . Ihothe loadr>d the air- lOin. tj line wa 23 in. „ Hhe was carrier! about 1, Rtandarc carried ' tons of I Ht Shedi id)le sJiej different aft and 4 l>e on the Cross-t mast Was in. below there was 'lid not ]i( these poir attending le^fard; is ii^e-exar John M witness, t] Pugsley ol Mr. Kerr 1 valuing th( valued. Mr. Ker , 600 tons ci tion being j question. 'a vessel for SHIP SCUTTLING TUIAU 125 in the iK)tin^. lidi ho tM from il'H th«! [I funny e yard. ; never the air- the U)\) captnin'rt nniiH antl ho vesHol him. It , to Hettlo t of C'ar- thc wiml ;he wind ; i-eqnently in Cnbau hI n^) con- r it would '79.56 W. )t into any \i8tified in condition, y. If the gradniiUy t have at- hist in hev ,f water in abandoned no matter [\c\ be pro- of a ship 1 1 scientitic la pv actical If a vessel, Toint, theyi iVitness re- the cahinl [side of thej 61- runnlni Iravigation. I about !• Indent an< C'rosH-exaniined by Mr. Pngsley — Witness said: "All hands ut tlio pumps " in(!ant l»otli watches : *' People at the pumps " was a single watch. A vessel of 442 tons, with 10 ft. of water and 714 tons of melado in her hold, wouM sink d, it would havn Ix-ou best to go on with the current of the stream ; she might havi^ leached Doboy, 200 miles distant, and would have had niore chances of reaching Doboy than any other ])ort ; she could not have .sailiMl against tiie Stream ; it is, not safe navigating in the cold wall of the (Julf Stream with a heavy draft vessel. Witness w»is then re-examined by Mr. D. S. Jverr, who adduced no new jMnnts. RuiiARD PowKRH was swoHi. He has been a resident of St. John for about 35 yeai-s, and is a stevedore of 22 years' exi)eiuence ; stowed the lb-others' Friths in St. John, Richibucto, Bathurst and Shcdiac ; >ilway» Ictadf'd her with lumber. Abaft the mizzenmnst or 11) ft. from the stern the air-streak was about 15 to 17 in. under flie deck beams, which were 10 in. thick. The air-streak was about 3^ in. wide ; if the ves-sel's lojul water line was 14 ft. a hole bored through tlui air-streak would come out 20 to 23 in. above the line; abaft the mizzen she was 14 ft. deep; amidships HJie was 12 ft. 9 in. to 13 ft. ; he cleaned her air-streak out twice; she carried between 11,000 and 12,000 shooks ; with the shooks she drew about 13 ft. 10 in. aft and 13 ft. 8 in. forward ; she would, carry 155,000 standard, and in the lower hold and between decks and on deck she carried 47,000 standard. When he loaded her in Hathui-st she had 20 tons of ballast in the hold aft, near the stern, to trim her ; when loaded at Hhediac and Bathni-st she drew about 13 ft. 10 in. ; she had consider- Me shear ; witness lived, slept and ate in the Brothei-s* Pride's cabin at ditlerent times for 10 weeks ; there was no trouble in stowing her 4 tiers aft and 4 tiers forward bilge and gnntling stowage. The w. c. pi})e would be on the wash, the vessel drawing 14 ft. Cross-examined by Mr. Alward — From actual measurement the mizzen- iiiast was 50 ft. from the main hatch ; anudshii)s the air-streak was 24 in. below the deck, and abaft the mizzenmast 15 in. below the beam; there was a taper in the air-streak from midships to mizzenmtist of 9 in. ; did not hear Mr. McBride say there was a taper of only 1 to 1 i in. at these points ; have attended this trial nearly every day since it began, attending at the reqxiest of Captain Tower for whom he has no particular regard ; is not paid to attend the trial. Re-examined by Mr. KeiT — Witness said he ■ is subpfcnaed to appear. John Mahonv was sworn. Mr. Ken- ei ,',. Dred to com])are, through witness, the value of the Brothers' Pride \»ith other vessels. Mr. Pugsley objected, and His Honor was disinclined to receive the evidence, Mr. Ken* arguing that Judge Palmer had been accused of largely over- valuing the Pride, and he wanted to show that the vessel was only fairly valued. Mr. Kerr — What would it cost to build a vessel, hull and spars, of 600 tons carpentei-s' measurement 1 Mr. Pugsley objected to the ques- tion being put as carj)entei*s' measurement, and His Honor rejected the question. Mr. Kerr asked witness what it would cost to complete such a vessel for sea. This question was also rejected, the court reserving the te'-- ''•r'" lir tJ'Sf^y'mi h."- ■»R : 126 SHIP SCUTTLING TRIAL. %^ I ])oiiit for ISlv. Kerr, who said he askefl carpenters' measurement, because it is the standard by wliicli ves^sels are built in St, John, Mi\ Kerr what woukl it cost to put a hurricane deck on a vessel ? Mr, Pugsley objected. His Honor .said he would receive it. Witness said he spent $6,000 on a vess'^ of 339 tons register on which he ]>ut a huri'icane deck, new spars, ^o^•o her wales off, au'J cut down tnnlx'rn ; after repairs she registered 464 tons, ■ , s : . Cross-exair'ned by Mr. Pugsley — He had a convei-sation with Judge Palmer in the summer ot 1879 about building a ship ; the judge, ia the following fall, though lit said he had the timbers concluded not to build. Mr, Ken- could not .see tiiat this was evidence concerning his client. It v/as esi)ecially inadmissible coming through a third person. And if to con-oboi'ate Howard C. Thomas' evidence, he did not wish to hear that young man's name mentioned. It filled him with horror. The evidence was declared rele-. ant, however. Re-exam ined by Mr, J). SI Kerr — Witness said he had applied to Mr. Chas, Palmer last summer for a vessel to build, Humphrey T, Gilbert, Police Magistrate of the city of St, John, was then called and sworn. Mr. John Kerr proceeded to show by witncvs that the fact of firing the vessel was not mentioned in the information made at the Police Court against Ca})tain Tower. He wished to convey to the minds of the jury that it was jjossible the story of firing tho vessel, not adduced until the })reliminary examination, had been " cooi:ed u]) " after the informations were made. Mr. Alward said it was im})ertinent of Mr. Kei-r to throw out insinua- tions against Mr. Clevelaiid, just as though that gentleman would induce the witnesses to perjure themselves. Mr. D. S. Kerr said there would be facts, not insinuations, adduced before the case was through, anything but complimentary to the prosecu- tion. After a brief cross-examination by Mr. Alwai'd, (rEORdE HENDERSON, Police Clerk, was called and examined by John Kerr — Witness said he was a resident of Annapolis, N. S., for a number of years and left there when 1 7 years old. He heaid Hall, the steward of the Brothers' Pride, say he lived in Granville, and that he lived near the bridge bebwet n Annapolis and Granville, There is no bridge there, and was not ten yeai's ago. Thei-e is a bridge at Bridgetown 15 miles above Annapolis. Mr. Kerr tlien proceeded to question witness upon the evidence taken at the police examination. Mr. Pugsley objected, stating that the evidence should be produced and submitted as evidence in this trial. After some parley between tlie couiLsel the evidence was read. Cross-examined by Mr. Pugsley — He left Annapolis N. S., on the 1st day of July, 1869, There is a ferry Ijetween An?iapoli.s and Granville. Mr. Pugsley — Did you hear Hall, the steward, speak of this ferry ! A. I heard him speak of Granville Ferry, the name of the village. Con- tinuing, witness said there is a bridge at Allen's creek a few miles fron. Annapolis, There are two families of the name of Hall in Granville — Samuel Hall and Reid Hall, Samuel Hall had no sons, Reid Hall had one. The steward of the Brothers' Pride was not Roid Hall's .son. On 4ihe Annapolis side there was Samuel Hall who had sons, Edward, Hariis, SHIP SCUTTLING TRIAL. 127 jcause 'itness ! put a nbern ; J\i(lge , iu the ) build. 1 client. AikI if to haw [ to Mr. )hn, was r witness )vmatiou o convey lio vessel, j,:ecl up " t insinua- Id induce adduced pvosecu- by John number steward lived near Ige there, 15 miles ^ess upon produced tween the pn the 1st ivanville. Viis ferry! fce. Con- Tiiles from L-anville— Hall had I son. On (d, Harris, Lawrence and Sun uel. Tlie 'steward was neither of those. Witne.s.s remo'-ked that Hall, tlie steward, had referred Mr. Kerr to Captain Law- rence Hall of Anna[)olis, while giving evidence at this trial. The Judge remarked that Hall, in hi.s testimony, had said there was a bridge aci'oss the Digby River between Annapolis and Granville Ferry. Mr. Pugsley — Witness do you not recollect that a number of yearri ?^o Oa]>taiu Lawrence Hall brought home with him to Ai.iapolis a small Chinese boy 1 Witi.ess — I do not. To a Juror —Witness said the bridge across the creek coimectcd tiio Digl)y road. Thern were no mills thereabout. On being re-examined by Mr. ^.err, witness said the creek bridge was in Annapolis village. Geo. H. Oulton was then sworn. M\-. Kerr conducted the examina- tion of witne.ss, who said he and Charles H. Oulton biult the Biotliers' Pride. JenkiuKS & Doherty we-o the contractors and the contract price for hull and spars was $24 a ton, carpenter's measui'ement. She was about 500 tons carpentr>/s measurement. She was built under the most ligid inspection of Lloyds' survey. He remembered within three or four inches the location of tlie air-streaks. The timbers in the vessel were large for a vessel of the Brothei-s' Pride's size. They were larger than Lloyds' rules called for, and large enough for a 600 ton ship. It was his im})ression there was not a timber in her six inches apai't. The timbers aft woidd be closer thari amidships. Pci'sonally he could not say what a vessel like the Brothers' Piide would cost now. After being built sluj was in the Southern, West India and English trades. "Witness put a hurricane deck on her a year after she was launched. This improvement cost between j£300 and £400 sterling. Witness and his brother were owners of her until the fall of 1872. He put no other improvements on her. Her wear and tear i'or the year he could not state. She was re- classed in 1871, he thought for 4 years. Captain Tower entered witness' employ in 18G6, and witness always considered that Tower performed his duty well. Witness built the barque M. A. Oidton for Captain Tower, ;vnd if he had not been satisfied v/ith Captain Tower he would not have built this vessel for him. Cross-examined by Mr. Alward — While building the Biothers' Pride he saw her every day, particularly Sundays. As owner, witness would not attempt to state the exact size of the timbei-s in the Brothei-s' Pride. Re-examined by Mr. Kerr — Witness said the Brothers' Pride was a profitable vessel and had large carrying capa^^ity for her size. H. R. Ranney, Insurance Agent, took the stand. He said in owners ownei'.j asking vuiuation some decrease it iis the vessel grows old, while others continue the valuation ; if a ^"essel underwent extensive rejjairs in St. John the underwriters would know it. It is usual for a vessel to be valued diflfei'ently in different offices. If a vessel of 442 tons, 13 years old, was repaii'ed to the extent of $12,0^0 when she was 10 years old, a valuation of $16,000 would not be exorbitant; if the witness had any doubt of the value of such a vessel and she was in the jxjrt of St. John he would have her inspected. It is usual to insure advances. Valuations are entirely a matter of agreement. Mr. Kerr — Did you knqw the Jennie Armstrong a*id how she wa*^ .Hy-i: 4: •• 1^. ' it 128 SHIP SCUTTLING TRIAL. insured 1 Mr. Pugsley objected to tlie question as irrelevant. Mr. Kerr said lie wanted to show that the Jennie Armstrong had been insured for three times her value or $16,000, and that no suspicions of wrong were ever hinted. Mr. Thomson, who was alluded to as having insured the Jennie Armstrong, said that the owners held the policies for insurance for $16,000, and he (Mr. T.) held the mortgage. The ves.sel, so far from being lost and the insurance being paid, put back to a port in Mexico, and the insurance was not paid. He said he had produced all the j>oli- cies Mr. Kerr had subj)oenaed him for yesterday, and did not know how any private transaction of his could affect this case. He wished now to set himself light before this court and community. He had, in an hour of weakness gone security for Mr. John Armstrong, and by that act of kindness between $30,000 and $40,000, half of the earnings of his life-time, were swept away. Mr. Armstrong, »s security, gave him mortgages on two vessels — one the Jennie Armstrong. He held the applications for insurance and consulted Mr. Ranney concerning them, then took Ranney's advice and acted upon it. The vessel put back to a port in the Gulf of Mexico in a storm and was eaten up by wreckers, his 1 )ss being $8,000. He felt that Mr. Ranney must have given this information to Mr. Palmer, and he only hoped that Mr. Raii.iev . ^d clear his mind of this impression. These were the circumstiaoOL, aud when the constable entered his sick room yesterday with. a nubprena he at once procured all the papers in connection with the matter, and only hoped he would have the opportunity to go iipon the stand and give a statement oi the facts, for this was the first time that an insinuation had been thrown out against his character. Mi\ r>. S. KeiT replied, and assured Mr. Thomson that no insin lation had been intended. He wa.'3 authoi'ized by Mr. Palmer to state that neither Mr, Ranney nor any person connected with him gav? the infor- mation. Mr. Kerr — What is the highest insurance you ever made on a hull in this city according to valuation, supposing the ^ ^11 to be 600 tons car- jjenter's measurement, 13 years oldl Mr. Thomson objected. His Honor could not see how it could be proved by any pai'ticular circiun- stance ami rejected the question. Mr. Kerr — Have you ever known vessel ])roperty to be doubly in- sured without fraud 1 A. — I cannot say it frequently happens. Does it ever happen and how often? I cannot say how often. In your own practice how often has it ha})pened in the last two years 1 Some \ abl- ations I would accept where other agents would not. Witness ijontin- ued : Advances on hull are not generally insured as disburserjents ; it is a very common thing to insure ordinary disbursements as advances on freight ; moneys advanced on extraordinary repairs are sometimes in- sured as advances on hull ; a vessel exteixsively repaired in 1876, and owing a large bill in England, and the ship's husband paid her disburse- ments here, and all freight allowed to go towards paying this bill for repaii"s, it would be cuatomary for the owner making such advances to insure them. Mr. Kerr — If $5000 insured on a vessel valued at $12,000, and SHIP SCUTTLINC. TRIAL. 120 [Cerr uretl rong ennie le for from exico, i }>oU- V how ow to in an ly that ings of ve him jld the r tliem, ck to a L-pckers, /er this 5V. ''^ pcena he mil only 111 give a iinnatiou liniatiou ,ate tlnit he infor- ix hull in [tons car- ;d. His circum- loubly in- Is. Does Lrour own tme \alii- W contin- Inents ; it %nces on .times in- l876, and Idiahuvso- iis bill for Ivances ta loOO, awl $8,000 insured on a vessel at $16,000, and $5,000 on a valuation upon tlje same vessel of $22,500, would that insurance be paid ? Witness said it woidd dej)end upon the language of the policy. From )us knowledge of marine insurance in St. Jolni, an underwritar has such means at his command as to know the api)ro\imato value of a A'essel ; that he would know at the time of taking a risk if the valua- tion was allowable or not. Mr. Kerr— In cases where a vessel has lost money to her owners would they not be likely to insure her up to her cost, as shown by her books, and would not the underwriters consider themsel\'t\s boiuid by a free valuation, even if much beyond the actual worth of tlie vessel 1 The question was ruled out as objectionable. Would you consider an over- valuation fraudulent unless without proof that it was so intended'? This question was consider 1 a question for the jury to consider. Agents and owners sometimes over-insure without the kr.owledge of each other or luider misapprehension. Cross-examined by ISlr. Thomson — Witness may have told Mr. C. E. L. Jarvis that he had $2,000 in.surance upon the freight of the vessel, as agent for the North American ins. Co. He had no knowledge at that time of any other insurances upon the freight. Charles Sinclair, raa.ster mariner, was sworn ond examined by Mr. D. S. Kerr — He said he has followed the sea since 1852, and has been in Havana, Matanzas and Cardenas. He knew Thomas C. Yannes at Car- denas; Yannes was a shipbroker, and witness chartered a sugar or melado cargo with him ; could not say that Yannes is doing a large business at present; chartered with Yannes in 1874. Leaving Cardenas with the wind E. N. E. witness woxdd keej) close to the wind until reaching Salt Cay Bank, then he would put the ve.ssel on the starboard tack, if pro- ceeding to New York ; vessels coming out of a port in a warm climate are more apt to leak than if coming out of a jiort in a cool climate ; if in tiifc Brothers' Pride at night, she leaking badly and in lat. 27.30 N., he would keep the vessel un her course. If the vessel had 8 ft. of water in the hold she could not be got into any port from the position given, and slie would not steer ; if she had a deeper draught forward tlian aft she would not steer, and would not run as well as if free at the head. With the wind E. N. E. and tAvelve feet of Avater in her hold and in lat. 28.30 , she could not, he thought, be run ashore anywhere, at least in any f*l e he knew of, especially, if the water was gaining on Jier one foot [)er . ur; if 8 ft. water in her liold and "by the head" several inchec, she could, not be put before the wind ; she would no^inind herhelra. Small bilge casks are almost straight staved. He was master of a vessel that grounded in Cardenas ; it had the effect to make the vessel leak more than usual and caused her butts to strain. Witness tlien explainea the l>eciiliarities of Cardenas harbor to the juiy by the chart ; his ve-ssel was tln-ee years old when she grounded and conmienced to leak before she got cif; she gi'ounded on a sandy bottom ; a vessel grounding on the sand would, perhajis, have her metal sti-ained, Mr. Kerr — What would hapi)en lier Uietal if she gi-ounded on rocks ? Mr. Thomson — You might as well ask if on a torpedo. Wiiness proceeding, explained " hood and ends" and said it was a tenn C •' 130 SHIP SCUTTLING TRIAL. t, i» ai)i)liecl to the joining of the timbers at the stem of the vessel ; it four holes 7 ft. under water, Avere admitting water into tlie hold the sound could be heard on deck in moderate weather ; if the holes were four feet below the water mark and near the laznrette hatch, the noise of the run- ning water, to be heard on deck would depend on the state of the weather; if a person went down into the ship to look after the leak his attention would be attracted by the )-unning water from the holes. Mr. Kerr — Do you know if vessels ever discharge their ballast on the bar in Cardenas ■? A. I have seen ballast - posed she sunk. Witness was not cross-examined. Gilbert Murdo(;h was sworn. He is the superintendent of tlie Water Works and has been such for 31 years ; has a scientific knowledge of hydroidics ; has made some experiments with a view to ascertain how much water under a 2 ft. head would flow from a 1 1 inch auger hole ; could make similar expeiiments so that the jury could see them. He then produced a inemorandiim of his experiments, and read as follows : — Under a head of one foot and by actual experiment is discharged ICO cubic ft per hour ; imder a head of 2 ft,, 225 cubic ft. per hour; under 3 ft., 277, and under 4 ft., 321 ; 5 ft., 357 ; G ft., 393, and 7 ft., 423 cubic ft. per hour. This is througli one auger hole. A cubic foot of salt water weighs (54 lbs. ; the same of fresh water, 62 4-lOths lbs. A gallon of salt Wuter will weigh 10 2G~100 lbs. ; made no calculations how many gallons or cubic ft. of water would a vessel 134 ft. long, 13 9 -10th feet depth of hole, breath 30 ft. contain. Tlirough an auger hold li ni. size in five hours 2,115 cubic ft. would flow with a 7 ft. head. This amount of water would weigh 67i tons. If the hole was left running 24 hours — until 11 o'clock on Wednesday — 10,152 cubic ft. would have flowed through it, or 324 tons. At the same head, 7 ft., up to 4 o'clock Tuesday afternoon 391 tons would have been auriitted, provided another hole was added for 5 hours, The discharge under a one h. head through one 1^ in. hole for 36 hours would bo 5,774 cubic It. or 184 tons ; under a 3 ft. head, 9,997 ft. or 316 tons ; 4 ft. head, 11,577 ft. or 378 tons ; 5 ft. head, i2,861 ft. or 410 tons; 6 ft. 14,148 ft. or 450 tons; 7 ft. 15,242 or 486 tons. This is for one hole for 86 hours. For 14 hours, with four holes open and a 7 ft. head, 23,688 cubic ft. or 756 tons would be admitted. The pressure of fresh water at 1 ft. depth is .0443 to the pound, or within 66-1, 000th of half a pound. At 3 ft. the pressure would be 1.302 ; at 4 ft. 1.736 ; at 5 ft. 2.17 ; at 6 ft. 2.607; at 7 ft. 3.738. Mr. Kerr — What is the pressure of water through one of these holes, and what noise would it make i Mr. Thomson objected, because Mr. Murdoch could not tell what noise there was aboard this vessel. His Honor said he woiUd admit the evidence though he could not see what light it would thi'ow on the case. Witness continued : Water projected from a 7 ft. head would, falling among wattr, make consider- able of a sound. If it struck a cask it would not make as much noise. One hole nuinlng head of 1 ft. for 8 hours would admit 1,283 cubic ft. or 41 tons; under 2 feet, 1,800 cubic ft. or 57 tons; 3 ft. 2,212 cubic ft. or "0 tons ; 4 ft. 2,572 cubic ft. or 84 tons; 5 ft. 2.858 cubic ft. or 91 tons; 6 ^c. 3,144 cubic ft. or 100 tons; 7 ft. 3,387 cubic ft. or 108 tons. The 108 tons would fill 211 hhds. of 100 gallons each. For one hole, one ft. head, 12 hours, 1,924- cubic ft. or 61 tons; 2 ft. head, 2,700 cubic feet, or 86 tons; 3 ft. 3,326 cubic ft. or 105 tons; 4 ft. 3,859 cubic ft. or 126 tons; 5 ft. 4,287 cubic ft. or 136 tons ; 6 ft. 4,716 cubic ft, or 150 tons ; 7 ft. 5,080 cubic ft. or 162 tons. In 162 tons there would be 316 hogshci^ds of 100 gallons each, and 86 tons would re- quire 168 lihds. ; 105 tons, 207 hhds. ; 126 tons, 240 hhds. ; 136 tons, 267 hhds. ; 150 tons, 293 hhds. The joint discharge of 1 hole, 36 hours, 1 hole, 12 hours, 2 holes, each 8 hours, would be as follows : Under 1 ft. head, 10,625 ft. or 328 tons ; under 2 ft. 14,400 cubic ft. or 460 tons; under 3 ft. 17,740 cubic ft. or 663 tons ; ;K t 1,. m m '.'i '^^' 132 SHIP SCUTTLING TRIAL. 4 ft. 20,582 cubic ft. or 672 tons ; 5 ft. 22,864 ft. or 779 tons; 6 ft. 25,1 52 ft. or 80() tons ; 7 ft. 27,097 ft. or 864 tons. 328 tons would require 639 hlula. 100 gals, each; 463 tons, 897 hlitls. ; 563 tons, 1,105; 779 tons, 1,424 hluls. , 800 tons, 1,569 hluls. ; 8()4 tons, 1,688 hhds. The head would diminish when the holes were covered inside and out with water. The joint discharge of 4 holes for (i hours at one ft. head would be 123 tons ; at 2 ft. head, 172 tons ; at 3 ft. head 6,(548 cubic ft. or 21 1 tons ; at 4 ft. head, 7,704 cubic ft. or 252 tons ; at 5 ft. 8,568 cubic ft. or 273 tons ; 6 ft. 9,532 cubic ft. or 300 tons ; at 7 ft. 10,152 ft. or 324 tons. This is allowing 2000 pounds to the ton. Cross-examined by Mr. Pugsley, witness said he expei-ienced with a hogshead wliich liad a hole in its side and was continuously receiving water with sufficient force for a given head. The only actual experi- ment he made was under a two feet head. The friction of resistance through a rough hole is different than through a smooth hole ; had a division in the hogshead to prevent commotion of water ; the reservoir at Little River is about 50 ft. higher than where the experiment was made, but this elevation would have no effect upon the experiment he made. The flow is caused by gi-avitation, and depends upon the dis- tance from the earth. In some cases head is equivalent to force. The resei-voir is 163 ft. above low water mark. Oscillation woidd have an effect upon the flow of water through holes in a vessel, and if sailing the pressure on the holes would be different than if she was stationary. What Avould be the difference he could not say. It Avould be impossible to tell how much water would flow into a vessel at sea, the oscillation incretising and decreasing the flow througli the holes. Re-examined by Mr. Kerr. Salt water is heavier than fresh water. Daniel J. McLauohlan, Jr., was sworn. He was a part owner of the Brothers' Pride at the time of her loss, when A. L. Palmer was the managing owner. "Witness never wrote Oapt. Tower about the insur- ance on the Brothers' Pride. When witness becamci interested in the Oulton fleet he thought Capt. Tower was in the Emma Oulton. He never saw Capt. Tower while in the Brothers' Pride. Cross-examined by Mr. Thomson — He had no part in the manage- ment of the Brothers' Pi-ide. James Mitchell sworn. He has been a resident of St. John 37 yeai'S, and has followed the sea for 34 years ; is a master mariner ; in wearing a ship he would port the helm if he had not room to wear around in stays because the vessel might go ashore ; has been in Car- denas. The bottom of the bays in Cuba are genemlly coral and hard mud ; wherever he has sounded it was so ; has heard melado swash in casks — the casks having a light and heavy side ; the heavy side of the cask would be the down side before it was rolled ; examining the Bro- thei-s' Pride's log book witness said there were omiboions in it ; no vari- ation of the compass work ; no leeway given, and it was generally incorrectly kept ; other defects, he said, were no entries in it from the 29th April to the 4th May. The wind in the Gulf Stream rises at about 9 a. m. and decreases after 2 or 3 p. m. ; an easterly wind blows heavily in the month of May in the Gulf Stream ; kicks up a nasty sea. The mate and second mate generally sound the pumps. From the con- dition and position in which the Brothers' Pride was described to be, he would have kept her on her course ; could not have got her into any ing SHIP SCUTTLING TRIAL. 133 the He port,'an(l would not have taken her into Bninswick without a pilot. If the Brothers' Priilc was in lat. 27.30 N, at 8 p. m., slie could not have been steered for any shore on Wednesday night, providing she wfis in the condition alleged ; has always found Cupt. Tower to be a strjtlght- forward man ; have known him foi '^ yeare. Capt. Tower is not a talking, blabbing man ; he is a man of very few words. Cross-examined by Mr. Thomson — " e has generally found that ves- sels leak a little more than usual ai^ci going out of a hot climate;. she would close u}) in four or five days ; if the captain said she did leak on the first day out witness would think nhe was tight when leaving \K>vt. Henry Vaucjiian, master mariner, was called. He is a resident of St. John and fii-st went to sea in 1825 ; has sailed among the We.st Indies but has never been in C»xba ; did not know the Brothers' Pride. The Gulf Stream is net a ]ileasant jJace to bo in, in a N. E. wind. \» h a N. E. wind the stream runs faster. Copper on a a essel is guar- anteed to la.st three yeara. If she ran on the mud her copper might be strained. One butt with the oakum out wiL leak sufficient to keep two pumps going. New Brunswick spnice will shrink considerably in hot weather, and if a vessel lay a month in a hot port, when proceeding to sea she would leak. The Gulf is a squally j)lace. If the vessel at 8 p. m. was disabled by one piimp being broken and one foot of water gaining on that pumj), witness would look to th('. boats for safety ; if she had 6 or 8 ft. of water in the hold it would be time to abandon her. Ho had an experience of a treenail hole leak in a new vessel just launched. The hole was near the keel in the stern and a stream shot through it up to the deck, a distance of 22 ft. A carpenter aboard tried to cover it with his coat but failed. Witness, with the assistance of a mallet and another man managed to get a treenail with a tapered edge into the hole. If the Brothers' Pride was bored 7 ft below th water line — the hole 1;^ in. in size — an inividual could not, he thought, put a plug in the hole with his hand. He could not do it without a mallet and a tapered edge plug. At 3 ft. and at 2 ft. the assistance of a mallet would be re- quired to make the plug fast in the hole. If the hole was bored through the air-streak between the timbers, a plug 8 in. in length could not be put into that hole. It could not be done, he thought. Witness proceed- ing said he had built ships under Lloyds' inspection. He had never known timbei"s in the after j)ai't of a shij) to be 1| ft. apart. From 3 to 4 in. is the widest space he has ever seen between timbers at the air- streak, 19 ft. forward from the stern. Cross-examined by Mr. Thomson — Witness said the :;pace between the chocks in the air-streak is about \^ ft. There is a space sometimes of 5 cv 6 inches between the timbers. This extra space is caused often by wanes in the timber. If he heard a person say that a ship jumped he would not think it meant pitching. If the vessel rolled the hole out of water he could then have a chance to get the plug in. Mr. Thomson — Well, all this evidence you have given is merely guess work ] A. — Yes ; it is merely my opinion. Re-examined by Mr. Kerr. — Witness was asked what he meant by guess svork, and answered : What I see I believe. His opinion was mere guess work. His opinion was not an idle opinion ; it was formed rVv' 134 SHIP SCUTTLING TRIAL. 11*1 i\:^. from his best jxulgment. If ThoinaH says in his evidence that the water came in aftcM- he bored the hole and struck liim in the stomach there wonUl be difficidty in putting a i)lug in tliat hole. Chaules a. Palmer was sworn. He is a son of Judge Palmer ; he has seen the Brothers' Pride three times and owns one-eighth of her ; was firat nboard of her in May. 1874. At this time her top and upper deck were bad ; examined her hold with John Doody, who is tlead ; Doody, in the presence of witness, opened her timbers and tried the tim- bei"8 along the bottom with a sn^all auger ; tried timbers in the lower hold found them all good ; in the huiTicane deck did not find the timbei-s so good ; reported his examination and there was some rpiestion about over- hauling her, but as she was imder charter there was nothing done to her. This Wixs in 1874, early in the summer. Her chai-ter ])aities were burnt up in the fire of 1877. In reference to her'dead weight capacity witness said she carried a load of rails to North Sydney. He could tell the dead weight by the freight. The particulars of this transaction were held objectionable by Mr. Thomson, as witness had not the charter paii;y. His Honor thought Judge Palmer could give better evidence on the point and declined to receive the evidence. Witness, continuing, was asked if the vessel was fortunate or unfortunate. Mr. Thonison olj- jected, and His Honor could not think that the fact of her being fortu- nate or tlie reverse was evidence. She could be an unfortunate vessel though good and sound. Witness went on and said that in 1874 she had a good deal of shear, was 1 3 ft. under the main hatch, long on the flooi"S, and more than ordinarily bi-oad on the bilges. Her spars were in good condition, but her rigging and sails were not. Her hurricane deck at that time, from a little abaft the main house to the forward part of the forward house, was not timbered up. From her passages she was a fairly good sailer, and from the amount of weai* and tear on her sails and rigging she was an easy working vessel, She was not overapan-ed and did not labor heavily. At this time J of | belonged to D. J. McLaughlin, jr., g of | belonged to A. L. Palmer — ^ of this he held as mortgage in possession of Geo. Hutchinson, and the balance, \, he thought was owned by D. W. Clark. Palmer and McLaughlin were the managing owners. In Sept. and Oct., 1872, the titles of 2 or 3 wrecks and 10 or 12 vessels were transferred from Oulton Bros, to Palmer & McLaughlin. Th^. Brothei-s' Pride was one of these. Mr. J. S. Boies DeVeber was the assignee of tho Oulton estate. Palmer & McLaughlin got 40 shares of the Brotheis' Pride from the Oulton estate. When Judge Palmer got the Brothers' Pride she was on the ocean with a cargo of coals. She next went to Cuba in 1872, and thence to New York, arriving there in the spring of 1873. She then went to St. Stephen, loaded for Buenos Ayres, thence to llie West Indies, thence to New York, thence to St. John, in ballast, in May, 1874. He saw her in 1875. He never sailed in the Brothers' Pride. He ^aw her again in 1876 — in July — when she was loaded. All he knew about her repaii-s was through correspondence and accounts. The accounts were destroyed in the fire of 1877. From information through accounts, witness said the Brothers' Pride was in 1876, in the months SHIP SCUTTLING TRIAL. 135 on not iged this ince, jlilin 2 or to Mr. jugli Intlis of March and Febrnaiy, overhauled in tlic liurncane dc :!k, and from abaft the main hatch forward, was pi'operly timbei'ed np, the through fa.stenings in tlu> knees were all driven out and renewtnl. In the hurricane deck liangmg knees were put aiid several iron knees. She was also renewed with i>itcli pine, and keel fore and aft repaired and refastened, A new stei-n post was also put in. Mr. Palmer stood aside. Sheriff Botsford of Westmoreland was sworn — He knew Captain Tower when a boy but since then witness only knew the accused by repu- tation. Witneas has never heard anything against the accused. Cross-examined by Mr. Thomson — Witness said it was 15 years since he saw accused. A man in that time might become an exceedingly bad man. Re-examined by Mr. Ken* — Witness said, from general reputation, the accused bore a good character. Charles A, "^almer resumed and said the Brothers' Pride, in addition to repairs already mentioned, was retreenailed, received new deck beams, heavy bilge logs on both bilges, new mizzenmast, three new topmasts, new lower topsails, some new rigging and other sails. The whole amount of this labor and new mateiial he could not tell the cost, but for work done on her in 1875 and 1876 bills were paid to the amount of <£."i,000, of this amount in 1876 j£l,12() were expended on her. She was reclassed at this time for four years. Cai)tain Tower joined the vessel in 1877. Cai)tain J. J. Brownwell was in her previously. Tower was in the Jolin G. Gladstone before going in the Brothers' Pride. The Gladstone be- longed to A. L. Palmer but wns registered in the name of J. A. Belyea. About New Years, 1879, witness received instructions to insure the Brothers' Pride for $3,000, valued at 816,000, on D. J. McLaughlin, Jr., interest, if he could get it done at 5 j). c. net. No company was men- tioned. He sent to agents in New York and accordingly received a policy from the Great Western of 'New York for that amount. He received the instructions from A. L. Palmer in presence of D. J. McLaughlin, Jr. After telegi'aphing to New York he received a policy from the Great Western In. Co. for $2,000, the vessel valued at 816,000. It was a voyage i)olicy from Cardiff to Cienfuegos, thence to north of Hattei-as. About the 20th March, 1879, witness wrote to his agents in New York, P. I. Nevius & Son, and received a reply that they had insured the freight of the Brothers' Pride, from Cardenas, for $5,000 at 1| j). c. premium. Before receiving this letter witness saw a letter from Captain Tower, dated Cardenas, he remembered in March, 1879 ; he saw the letter in A. L. Palmer's hand, one day prior to the 30th March. Where the letter went aftei"wards witness could not say ; remembei's when he heard of the loss of the vx,. sel ; it was on the 14th of May, 1879 ; A. L. Palmer re- ceived a telegram that day signed Tower. In consequence of having heard that the vessel had deviated witness wrote to Thomas B. Harris, Boston, about the 15th April, 1879. After writing to Harris, witness received fi'om him a policy of insurance ()urpox'ted to be issued by the New Eng- land Mutual In. Co. of Boston. After the letter, which is now missing, was received from Tower, the insurance on advances was changed to cover the altered voyage from Cienfuegos to a port N. of Hatteras. There I .V* • m ''is. 13G SHIP SCUTTLING TRIAL. were two insurancoH, one in the Anchor and liie other in the Orient. Tlie Anclior liiul a second sti})uhiti()u for an additional j>ort on jiaying an Additional pretninm of i p. o. The stipulation in the Orient was the same. Witness paid the whole preniiiinis in ca«h to Mr. fjoughhead, on or about the 24th April, 1871). The preniiuni was 2^ p. c. and $2 policy fees ; it amounted in all to $77. Witness has no knowledge of any j)olicy in the Insurance Co. of North America on the Brothel's' Pride. He saw a policy in this company in the vault in A. L. Palmer's office. Sixty days after making the preliminary proofs on the advances, and after the vessel was lost, witness applied to Mr. C. E. L. Jarvis and a.sked for the amount of a pol icy for i|3,000. Mr. Jarvis asked what al)out the insur- ance on freight. Witness replied that it was insured in New York for $5,000, and that he believed it was valued at that amount ; told Mr. Jarvis there was no other insurance on the freight, and that there was a policy in the Insin-ance Co. of North America which did not cover the voyage ; had no personal knowledge of Judge Palmer's insurances, though he knew there were insurances and the voyages covered ; coidd not say where the insuiances were effected ; noticed in an account from Belyea & Co. to Judge Palmer that some of the insurances ran out on the vessel's arrival at Cienfuegos ; knew no double insurances on the vessel. In con- ijequence of deviation witness put on a $2,000 insurance in the New England Mutvial In. Co. ; wrote a power of attorney to P. I. Nevius on the 23rd of May, 1879, and with it a certificate of ownership of the vessel, and the $3,000 policy in the Great Western and the .$2,000 policy in the Great Western and the $2,000 in the New England Mutual. The New England Mutual policy was paid about the 3rd August, 1879, the net amount being $1,900 — premiums and costs of collecting deducted The three i)olicies in the Great Western are not yet paid, the company refusing to jtay. Witness instructed his agents in Now York to bring an action against the company for the .$.'5,000 on freight ; the .$3,000 on hull and $2,000 on hull. For the .$5,000 freight he has never seen any policy ; it was issued as an endorsement on an application or a memorandum policy ; the suit has been brought in the name of all the owners ; the $2,000 is for himself, the $3,000 for D. J. McLaughlin, Jr., and the $5,- 000 for all the owneis. Mr. McLaughlin's and witness' insurances were 5 per cent, premium. In an account from Belyea & Co., which witness saw, dated 31st December, 1878, there is a statement that insurance was effected for .£2,100 on the barque, for a voyage from the LTnited King- dom to Cienfuegos, thence to N. of Hatteras. There was another statement in the account for, apparently, insurance of .£400 on freight from Cardiff to Cienfuegos. The gross amount of insurance of A. L. Palmer's on the vessel was about .#13,000, the net amount $10,000. Mr. Thomson — Do you mean to say that the other $3,000 was swal- lowed in premiums ? A. I do, or in costs. Witness said he knew of no other insurance on the Cardenas freight than those he has just mention- ed ; valued the Brothers' Pride at between $17,000 and $18,000 ; baaed this valuation upon how she was paying, and How she worked from 1873 ; never communicated with Captain Tower about insurances on the vessel j wrote to Captain Tower a letter in care of Belyea & Co., Liver- pool, in 1878; the letter was not about the ship's business. Judge SHIP SCUTTLING TRIAL. 137 iKing- jment ■Jardifl" bn the swal- ot'no liition- l based from Dii the jiver- Fudge Palmer luul no correspondence as far as witness knows witli Tower ; some- times Judge '^ahner's letters were retui'ned to the office for translation ; Judge Palmer keeps no letter book ; have always known Cai)tain Tower to bear a good rei)utation, to be honest, sober, and attentive to his busi- ness ; had personal converaations with Caj)tain Tower, and fdways found him a taciturn kind of man, and i-eserved aV)Out mattem outside of his business ; would not believe him caj)able of feloniously scuttling a v«;sHel. Had a conversation with Tracey Roberts in his (witness') office, 8t. John, in December, 1879 ; Roberts on this occasion said that he was going to New York to say the cargo of the Brothers' Pride was not molado ; also said that in going there he expected to get .f 500 for saying the cargo was not melado, Robeiis asked witness what he would give him for not going to New York to say the cargo was not melado. Witness thtm and there told Roberts to get to h — 1 out of that. Cross-examined by Mr. Thomson — Witness said he told Roberts to get to h — 1 out of that. Mr. Thomson — You coiisidei'ed your office the threshold to that place, then ? Witness — Am I supposed to answer that your Honor 1 Mr. Kerr then said he had a question or two he forgot, and with the permission of the Coui-t Mi-. Kerr was allowed to re-open his direct examination. Witness said in February, 1879, Captain John Mahony wanted to get the frame of a vessel on end, and asked witness if he wanted a ship built. Witness said if he could get up a comi>any he would build, and negotiated to this end ; finally the idea was banished in the following July ; he purchased two shares of the barque Karnak in 1878, newly launched, for $20 per ton for hull and spars ; it cost $17 more per ton to fit her out; never jiromLsed Capt. Tower a vessel, but he could tell who did. This evidence was overruled ; Mi-. Thomson resumed the cross-examination. Witness blocked out on paper many of the questions put to him by Mr. Kerr; never told Mr, Jarvis that he furnished a notarial statement to the Great Western Ins. Co. ; saw D. J. McLaitgh- lin, jr's and his own protest that he forwarded to the Great Western Ins. Co., but he did not see Judge Palmer's ; never said he saw all the letters that were written by Judge Palmer to the captains of the Judge's vessels ; .sees nearly all the letters ; practically, the three ])rotests were sent with witness' knowledge ; did not remonstrate with Judge Palmer about his protest. George Hutchinson's ^ share in the Brother's Pride was sold under mortgage at auction to A. L. Palmer for $350. Witness bid it in and was made a present of the share by his father. No person bid against him when he bought the share : when the vessel was lost both insurances were paid. There was no deviation clause that he knew of in the English policies, and though the vessel had deviated from her coui-se the English j)olicies were paid, and protest proofs of the vessel's los^ sent to the English companies ; could not see how the insurance was paid unless the policy contained the deviation clause, and unless the policy contained such a clause, he felt sure in saying the insurance com- pany would not have paid. He never saw credited in Belyea & Co's account c\irrent a sum of insiivances amounting to ^50*" on the hull of the Brothers' Pride, the insu; ance having been effected . n the Home & ft" Pi 138 SHIP SCUTTLINO TRIAL, Colonial Ins. Co. ; novor heard of this company nor of Uoxhorongh it Co. previoiiH to this trial. Witness wius aKktul to look at an English company's policy and seo if it did not cover a voyage from Cardifl' to Cieni'uogos, thence to Cardenas ; (j)olicy pnt in witness' hand). Witness Raid it did to Cionfuegos, and there also api>eared the word Cardenas in in the policy, put ho coidd not say it was and Cardenas ; never efl'ected any insurance in Kngland. In a similar policy in the Ivondon & Pro- vincial Ins. Co. on hull and materials for £500, Cardiff to ('ardenas, Carde- was mentioned ; Cardenas was unthn-lined. A receipt pin'}K)rting to be for tlie i,'r)00 was then placed in witness' hantl, and he was asked if any refer- ence was made to this amount in IJelyea 20S to ircd at I could ■ £150, rdenas. »vUned. )ss said ccounts, \t. lie sunia & Co. Euglisli iccounts )Ucy of Luded to said it lifted as jeeing a |nce waH .ceeding [ected in iind did less said Ingland, uy youl Ited my A. L. I be doiio De done ksurance [fjent in effecting Insurunco liimHolf ] A. — I do. Proceeding witnesH Huid D. J. M'^'Twiugh- lin owned 13 Hharos of th« vt'SHtO wlum kIio wuh lost. WitiU'Ms Ima taken coMHidcrablo intriest in tliis case but has not acted an couuhoI or Holicitor. He has obtained sevoml witiioRses for the case. Tlie copy of the chartcu' party is in his poHHOH.sion. He had what ho heliovcd wa« a copy of tho charter party in court, and showed it to Mr. Piigrdey. He said to Mr. PiigHley it was his own copy. Mr. TlioniHOu — Did you not tell Mr. Ken* it was a copy. A. — T did not. WitneKs said that ho told Mr, C. E. L. JarvJH that the ])oHcy in North American Iuh. Co. did not cover the voyage, but he did tu)t tell Mr. Jarvis that S-'JjOOO on the freight was covered by a $2,000 policy in tho North Anunican Ins. Co., and that the balance wa.s covered by the $3,000 ettectcd in the Orient and Ancior by Mr. A. L. Pahner. Ml". Thomson — Did you say to Mr. Jarvis that tho application made by Mr. Palmer in the Orient and Anchor was first made on freight^ only, and afterwards altered to ad^'ance^ on vessel so as to protect the $3,000 advanced by A. L. Palmer, otherwise the other owners might have claimed a share in the insuaance, as he had not seen the ai)plica- tion 1 A. — I did not ; neither did I know what was in it. Mr. Thomson — Did you say to Mr Jarvis that the !B3,000 on advan- ces, and the $2,000 with the North American Co., made up the amount on freight, which amounted to over ? 1,1)00, the object of putting it on advances was so that your father ight be jn'otecred so far as other owners were concerned 1 A. — I did not. Continuing, he said, as com- mander of the Brothei-s' Pride, Capt. Tower received $65 i)er month. Moses Lawrence and Mr. Lewis are Capt. Tower's bail. Witness in- demnities the bail. Mr. Thomson — Who indnmnities you 1 A. — Capt, Tower ; that's all 1 want. Re-examined by Mr. Kerr. — Witness never saw the oi-iginals of the Brothers' Pride's charter pai'ty. He saw sums of money in Jielyea «fe Co.'s accounts, but no particular mention was made of any insurance amount ; told Mr. Jarvis that there was an insiu-ance of $.5,000 on the freight, and that there was an insurance in the North American Co., Mr. Kan- ney, agent, of $2,000, which did not cover the voyage ; may have said that $3,000 was on to protect Mr. A. L. Palmer's account. Insurances on advances would be against total loss only, anil insurances on freight would be a contributing interest in general average. Mr. KeiT — Did you in the swearing of the jury use any influence with the sheriff, deputy sheriff or any constable about getting any j). j- ticular person on the jury 1 A. — I did not. Had nothing to do with the handing of Capt. I^etteney's name to the sheriff, and did not inter- fere in any kind of way with the officei-s of the court as regards the selection of the jxiry. To Mr. Thomson — Witness said that he was not told that Letteney would be at court the day the juiy were empanelled. He has knowa Letteney since 1874 ; did not know that Letteney was a particular friend of Capt. Tower ; never saw Capt. Letteney show Messrs. John and D. S. Kerr over a vessel, and this is the firat witness heaixl of it ; took the Messi's. Kerr over a vessel and pointed out particulars of ship constiuctionj. 'U. 140 SHIP SCUTTLING TRIAL. went on boai'cl a vessel with Mr. D. S. KeiT, and Capt. Lettenejf was there ; Letteney did not sliow them over the vessel ; this occurred about 8 or 10 days before this trial coi'inienced, and aboard the Harry Bailey; Letteney, who was in the hold with witness and Mr. Kerr, did not ac- company witness ; he may have accompanied Mr. Kerr ; was in the ves- sel's hold twice, and could not remember if Capt. Letteney held the light ; Ixe had not attempted to evade, and did not intend to throw Mr. Thorn- son off the track ; Letteney may have held the light all the time *n the liold ; did not convei*se about this case ; did not tell Letteney why he took Mr. Kerr on board the vessel ; they were 30 minutes in the hold of the vessel ; could not tell whether Letteney under.scood that Mr. Kerr was being instructed as counsel in the case ; there is not a seafaring man in the port of St. John that vrould not assist witness in examining a vessel. Though this occurred, witness said, he stood by anil saw Let- teney sworn on the juiy. On the Sunday night before the tiial did not know that Letteney took tea with Capt. Tower ; spoke to Letteney in coui*t the day the jury was empannellcd ;it)out amannamed Col well; never knew that Letteney was closeted in John Kerr's office the day the trial commenced. To Mr. D. S. Kerr — Proposed to you, Mr. ilerr, to go on board the Harry Bailey. I knew that you went into the vessel to inform joui-self what an air-streak was. I think you sj)oke to Letteney while in the vessel. Mf'. Kerr then called other witiiesses to disprove this. He could not addrc^js the jury with anything but miseiy unless the cloud was cleax-ed up. Mr. Thomson objected to the matter being gone into now. Mr. Kerr said it was a vile charge and the like had not been known since the days of the bloody Judge Jeffreys, the murder Judge. His Honor said the inquiry was 'of a collateral nature and had no connection with the merits of the case, he could not hold the inquiry until after the case was over. Deputy Sheriff Rankin was then called. He could not say how many times Mr. Cleveland visited the jail to see Thomas ; tlie Sunday before or after the Grand Jury found their biU against Towei" Mr. Cleve- land iisked for admission but witness refused. Philip Palmer was then called and sworn — He is a ne])hew of Judge Palmer ; generally makes a cojjy of Judge Palmer's letters ; sometimes the judge's lettei's are feturned for translation ; co})ied a letter sent to Captain Tower by Judge Palmer to Cienfuegos in 1879 ; nobody could x'ead the letter ; copied it and the judge signed it. It contained a draft ; I'ecollected copying another letter and addressing it to Captain Tower at Cienfuegos when ho was there in March, 1879. When the judge is away Charley or witness generally opens the lettei*s. A draft was then pro- duced and identified ; witness said he wrote Tower the time it was dated March 1 2th, 1878. This di-aft he put in a letter of Judge Palmer's and mailed both to Ca])tain Tower, Cienfuegos. The draft was intended for the captain to sign there and return. Witness thought he had copied a letter of Judge Palmer's to Captain Tower, in Cardiff, but he had no distinct recollection of it ; remembered the contents of the letter that contained the draft to Captain Tower at Cienfuegos. Mr. Thomson questioned witness as to his memory. He had not ft SHIP SCUTTLING TRIAL. 141 sy was about iailey ; not ac- he ves- ; liglit ; Thom- 'n the why lie hold of X. Kerr iiig man iiining a saw Let- did not ;eney in II ; never the trial joard the i) inform ley while •ove this, the cloud gone into ten known A had no le inquiry say how le Sunday kir. Cleve- had ;iota good memory, but could recollect some of the contents of the letter ; no letter book is kept in Judge Palmer's office. Ho believed that he could recollect about everything that was in the letter mailed to Tower in (^'ar- dift'. Three letters were then put into witness' hands and identified as letters received from Captain Tower. The letter taken out of the office by Judge Palmer, when he intended to call at Mr. Jarvis' office, was not one of those })roduced ; that letter is missing ; thinks he saw all the letters received from Captain Tower from the time the ^-essel left Cardiff' up to the time she was lost ; these lettci-s wei'e the ones just i)roduced, and the missing one ; has knowri Captain Tower since he whs a boy ; Tower is a self-r ade man, who has succeeded by his own exertions, and used to live at Wood Point, Westmoreland Co. Witness has considered Cai)tain Tower a careful, thrifty, sober going man ; did not know what money Tower receiv- ed in marrying. He never wrote a letter to Captain Tower saying any- thing about insurances on the i^essel. Mr. Kerr I'emarked that he wanted to make it known, as strong as iron, that Captain Tower knew nothing^ about the insurances upon the vessel. Con-espondence between Captain Tower and Judge Palmer was then submitted as evidence. Witness said he found the original of a letter dated April 5th, 1879, from Judge Palmer to Captain Tower. Mr. Thomson objected to it as being the answer to another letter not produced in evidence. At any rate the cor- respondence between Mr. Palmer and Tower was not evidence. Mr. Kerr aigued that it was evidence of vital importance, and lie would \nit in, if possible, all the letters written. Witness said the drafts were sent to Captain Tower to sign ; one in his writing. The Judge said it was evidence as relating to the draft of $3,000, and also to go for what it was worth as showing that Judge Palmer did not give any instructions to Tower as to insurance. The letter dated St. John, April 5, 1879, was then read by witness, as follows : — My Doar Captain : 1 received your's from Cienf uegos, informing me of the charter of the Brothers' Pride, to carry melado to N. of Hattera<< at .$5.25 per cask. Tliia is good business. Slie ought to gross $5,000 if yon are careful about CApenses and get awaj quick. Come to U. S,, throw out your cargo and run right here in bal- last. I think I can get a deal freight to tlie West Coast of Ireland,, and the voyage can be made (juick in the spring ofthe year, and money ought to l)e got out of the ship this season to pay for rebuilding her in Liveqjool. It cost enough, but I be- lieve it will turn out all for the best. She is fit for any work. I sent you a bill to Cienfuegos to sign. I have not yet received it. I enclose duplicate, sign that and send it here, and if I get the other I will destroy one. I cannot tell what day I may be compellcvl to use it. iSend me what money you can get out of the outward freight. There can be no dcubt but that I can V)e paid out of the freight. I paid your daughter for your yr."c fifty dollars, and I think your wife is well. Hoping that you may get away quick ami have a prosperous voyage. Messrs. P. I. Nevius & >Son will collect the freight on arrival and will pay your bills. I am, &c., A. L. Palmer. Captain W. H. Tower, barque Brothers' Pride, care British Consul, Cardenas, Cuba. The rcjily was put in evidence, dated Cardenas, April 17, 1879. A. L. Palmer, Esq. Dear Sir — Yours of the 5th came to hand yesterday ; contents noted. The first mail that goes north since the arrival of your letter is to-morrow, no I write to-day and sign the duplicate and enclose it with this. I have got the be^t freight, viz., 37 i cents, that has been paid in the Island tliia year ; it '$ ^ ::-:':i:-^ :--f:r, H^i'^ 142 SHIP SCUTTLING TRIAL. ,:i"v *i ■;V5 but it took some tinje to get .ironnd liere. I had a head wind all the way, which Is very unusual. I tlon't suppose I shall have very mucli money to send yon for one- third of the freight yen know was drawn in Cardiff, and 10 shillings per ton don t amount to a very large sum. However, what tliere is you will get. We are loatliug melado for Baltimore, Philadelphia or New York. I think the freiglit home from here will amount to about $4,400. I hope we shall be reatly to leave in a week more. Hoping everything will be satisfactory, yours very truly, Wm. H. Tower. Witness, ooutinuiiig, said tlie substance of the letter that accompanied the draft, which was for $3000, was that tlie Judge wanted $3000 to settle a suit brought against hini by T. \V. Petei«, This letter was dated the 12tli of Marcli, 1879. Tlie letter missing is this one; never wrote or coi)ied a letter telling Capt. Tower or any other captain to cast the vessel away ; always wrote quite the reverse. Cross-examined by Mr. Thomson — He copied most of the Judge's letters ; did not recollect copying letters to Belyea & Co. in Dec, 1878, or first of 1879, ordering insurance; may have done so ; had reason for believing his recollection about the letter, because it had reference to t^ « suit brought by Petei-s ; coi)ie^ many letters without thinking what is in them ; copies Judge Palmer's letters and mails the copy. Jiulge Palmei"'s drafts of letters aie always kept ; recollects that Judge Palmer received accounts from Belyea & Co., but could not say they Wfie half- yearly r.c^cunts ; the mi.ssing letter was written between Jani: e inclose your account with tld.s, showing a debit balance of v2, 176 ()s. 3d., which we trust you will find correct. W^e have not yet transferred the Magdala account to your credit, as the estates of some of the underwriters have not yet been wound up, hut we fear we have received almost all we shall ever get. There is £1,500 to the credit of this account exclusive of interest. Roughly speaking, taking your own and all the vessels accounts to the 31st December, exclusive of interest, there is a debit balance of £1,250. Brothers' Pride and M. A. Palmer — W^e have not got the loss of their deckloads and average settled u\) yet, tmt we hope to not week, when we shall send you account. We are, dear sir, yours truly, Bei.vea & Co. Mabel — We received a further £200 from this vessel yesterday. We believe she leaves Rochefort this week. W^e find it very difficult to effect insurance. An account current from Belyea it Co. was then i)roduced dated 31st Jan'y, 1879. Witness continuing said : insurance companies are generally unwilling to take the valuation offered and alwavs increased it. Witness finds, as a mile, that lower valuation can be obtained here than in Eng- land, where they consider vessel tonnage more valuable than they do here. Mr. Ken* — Whatever valuation they put on the premium has to be paidl A. Yes, whatever jwrtion of the valr.ation insured; whatever is not insured falls ti])on the owner. The insurance in the account dated 31st Januaiy is the only insurance I ever heard or knew of in Great Britain on the vessel or freight. The letter forbidding any more insur ance was never countermanded. The moment I heard the vessel was. going round to Cardenas and to the United States, I believed that the English insurance did not cover her, and I believe so still. The freigiit was insured when the vessel left Cieufuegos, but if she had been lost on this voyage the freight would not have been in t)>e vessel and the insur- ance would not have attached. It was about the 22nd January that I took Tower's letter to i-enew the policy with Jarvis. Another accoinit current was offered dated Liverpool, Dec. 10, 1879. The document had a pai"t torn off and Mr. Thomson Jisked witness why it was so mutilated. Witness asked Mx\ Thomson if the whole of the account was not there. Mr. Thomson said it appeared to be, but he would like to know who mutilated the account. Witness said he had never- noticed that it was torn before; did not do it, and knows of nobody who did. The whole of the account was there, however, he said, and at his request it was shown to the jury for inspection. The accounts. Judge Palmer said, show in the credit all the insui-ance I have received in England on the Brothers' Pride. It is only the money a man gets in the end that in- demnifies him. Witness said he woidd not, unless compelled, pi-oduce -i-r 10 9*" I' '^ 11^ 1^- i m SHIP SCUTTLING TRIAL. his accounts with Belyea & Co. in 1878, There was nothing in these accounts connected with this case. I am not going into all my private affaii'S unless compelled by the court, Mr, Thomson — I don't want to compel you, Judge Palmer, and won't. You can withdraw all the accounts you have produced if you like. The clerk then read an account from Belyea & Co., dated 8th May, 1879, Witness said the English underwritei-s after the Bnthei-s' Pride was repaired in 1875 and 1876 valued her at .£4,500 sterling. Her valua- tion here was $16,000, Mr, Kerr — Did the English and American undei-writers both require a liberal valuation] A, I don't know. The valuation, $16,000, is rather low I think. The underwritex's require a good deal more of a valuation than a man would get if he sold his vessel. Freights in Cuba when the vessel was lost were veiy good and the Bi-others' Pride was then in good condition; if she had carried that freight and gone back to Cardenas for another freight she would have earaed fully $7,000; never wrote to Belyea & Co. for the accounts ; wrote to Belyea & Co, to send out certain letters, the drafts of which I lost ; sent only for lettei's that I had not the drafts of; sent three months ago for these letters, and am sure I sent before Tower was arrested on this charge ; sent for the letters to xme in evidence in a suit against the Great Western In. Co. ; never expected that I would be a witness until Thomas had given evidence about the letter from old Palmer, The following letter was then read and admitted as evidence : — St, John, N. B„ April 5, 1879. Messrs. Belyea ,« • ' ^ "ad no though the :?ip3 ^c^-^ij^rr™™ "- - eTairorth''^ t---^ «an,e ^Ll' TnZT./°' "4 to hCSe^^^M and forg^ij Wis Honor thought fji . ^^^'- Thomson obieof^rl '^*'- question. ^'"^ *^^* *^e witness was not comnetenr*'^''^ ^"^^'^^ * Mr. Kerr-Was it « , ^o^^Petent to answer this Mr. Thomson-^^Jt^^ °' """^^ ^*«> J«dge Palmer? question of valuaticl'^^^ ^^ "^ ^^^ - ^our que^L^^^^Tt^as onl, « » "i 148 SHIP SCUTTLING TRIAL. Ml-. Kerr — Then am parties accustomed to value a vessel of tli::: kind, higher, lower or liow, Jud^^e Palmer. Mr. Thomson — Surely, Mr. KeiT, this is getting worse and woi-se. The (juestion was disallowed, Mr. Ken' — Sui»j)o.sing a part owner makes advances on a vessel, is it usual for the owner to insure these (nh ances separate from other in.sur- ance 1 Mr. Thomson — I object to that. Mr. Kerr — In a strong voice— is it (l«)ne ? His Honor said he would admit the evidence. Witness said yes, it was always done. Some comj)anie8 are restiicted as to ago of vessels insured. Witness then ])roceeded to state an individual instance. Mr. Thomson — If it is admitted the vessel was over insured, then the evidence is relevant, otherwise it is not. The evidence \ .is decided irrelevant. (A paper handed to witnes.*-.) This is a statement of August 28. All I remember, some })ei'Sons told me that Mr. Jarvis wanted me to make a statement of what insurai.'^e was on the freight at the time she was lost. I did so. I was shown », letter from Jarvis asking for it. The real truth is, I know very well two letters from Jarvis, ancl other papei-a in Philii) Palmer's possession have been mislaid, and I am anxious to get them. Every word in this statement is true, and I desire to repeat them now. The proofs of the loss of the ve.ssel that he made to the Anchor and Orient Marine Insurance Companies, were true. I am on my oath, and the statements I made in those preliminary i)roofs are tnie, to tlie best of my knowledge and belief. Witness never claimed the money under the North American policy ; returned to the agent, Mr. Kanney, the jwlicy, and Mr. Ranney, in turn, returned the receipt lie had received for the policy. A New England and Mutual policy was then shown to witness, who expressed a desire to see all the pajjei-s relating to insurances admitted in evidence. He said he had never seen the policy before this time. Cross-exaniined by Mr. Thomson — He asked witness if lie would produce all the corres[)ondence between himself and Belyea & Co., for 1878 and 1879. Witness declined but would ])roduce all relating to the Brothei-s' Pride. This con-espondence, from Jxine, 1878, to 1879 he was willing to produce, providing it relates to the Brothers' Pride. Witness, gouig on, said : I have produced accounts of Dec. 10, '79, and January 1st, '79, and I have an account closing with December 31st, *78, and could produce it if I chose, but it has nothing to do with this case. While willing to give you all bearing on this matter, I will not expose my private business. Mr. Thomson — Yaa may think so, Judge Palmei', but I liave reason to think it has refpirince. Witnes.s — Well, I have now the account in my pocket. Yo./ nave imputed to me that I state what is false. I think that the insurance companies of New York are doing what is wrong with me. I cannot tell what a paper ii'relevant has to do with the case. Mr. Thomson — Underatand me. I will not take it as a bargain not to ask for more. The first one you produce is January 31st and the next April 10th, 1879. Have yon no account sent out by Belyea & SHIP SCUTTLINO TRIAL. 140 Co. after May 10 and before this one of Doc. 1 A. — I am satisfied that 1 have not liad accounts between tliose dates ; there vnay b(i a par- tial statement, but if tliere is it is fully repeated in the accounts put in. If tluire is such a one I will j)roduce it. All items of the Prid(» are included in the two accounts in. If the English insurances were paid in May, 79 I ought not to have received word before Dec. I get half-yearly accounts ; that is, twice yearly. Mr. Thomson — I want the account down to the 30th June, then 1 A. I have not received an accoimt exactly u) . to the 30th June. The account covering the 30th Ju.ie is an account of another date ] you misrepresent me, Mr. Thomson. Mr. Thonuson — I don't ni?srepresent you ; I want the half-yearly account. Witness — There is uo such account. All you need to con- vince you of that is to look at il.>e two accounts. When I used the words half yearly I mean two a year. These are not the oidy accounts I have received ; one thing is the Jiccount with us ; the other is accoinxt ■with every vessel. I say you have got my whole account current for that year, and all accounts of the Brothore' Pride. If insurance was paid to Belyea in July, 1879, I ought not to have an account of that payment before December, but I ought to get in that account the date it was paid and interest up to December 31st. The intimation in the account dated January, 1879, was the first I had of the insurances being collected in England ; the insurances amounted in England to £2,400 ; £iS wivi paid for collecting this amount ; the balance is the only money I received for the loss of the vessel. All I received credit for was £2,350. This is all I received in any way or shape ; I would forfeit life itself if I received any more. I don't believe policies to the amount of £2,900 were executed. There is the £100 not collected. Belyea & Go's ac- counts establish an insurance of £2,750, but all I received was £2,350 the balance defraying premiums, etc. The |X)licie8 were then produced and handed to witne.ss, who said, I am under the impression that I in- sti"ucted Belyea & Co. tc insure 2-3rds of the vessel's valuation — £4,500. I am not sure that I named a definite sum. Mr. Thomson — Was not a policy taken out in the Thames & Mersey for £500 in January, (policy put in witness' hand) covering a voyage to Cienfuegos and afterwards a clause in it made to cover a voyage to Cardenas ? A. — 1 an doubtful that this i)olicy wan etfected by Belyea & Co. If they wei'e genuine policies upon the Brothera' Pride for £2,900, certainly I would have leceived the money. Mr. Thomson. — But I am going to put policies to this effect in your hands. Suppose I show you })olicies to amount of £2,900 1 A. — You say they are genuine policies, but I do not. They may be. No one else but Mr. M'Laughlin, myself and my son diaries had an interest in the vessel. I do not know that it is a valid j)olicy. Mr. Thomson — Well, it looks so. The next one is in the Merchants* Marine for £150 and interlined with change to Cardenas, and full amount i)aid July 2nd. I ask you to look at it. A. I know nothing about it. I am not satisfied it is one of the Policies issued under my instructions. Mr. Thomson then handed witness a policy in the U niversal Marine of London, for £500 stg., interlined as those before. Witness m^ 150 SHIP SCUTTLING TRIAT. If.. f jinswered as before, and Mr. Thomson asked the Judge if in his experi- ence, »w a lawyer, he could not tell that it is a genuine i)olicy. Witness — I have no opinion. The Policy in my oi)inion is wrong. Mr. Thomson — Have you a shadow of a doubt it is a genuine policy 1 -Do yon say it is forged 1 A. — I don't think it was e\ er executed and I don't think and I assume it is valid. A policy in the London Provincial was pliiced in witness' hands. It was for j£500, covering a voyage from Cardiff to Cienfuegos, then to Cardenas — "Cardenas" being interlined. A receipt for the money was also shown. Witness said he did not recog- nize the jKilicy, and did not know anything about the receipt. Two policies of Univei-sal Murine and Home and Colonial, £100 and j£500 on hull and materials, dated Jan., '79, as the others, were produced, with i-eceipts attached. Witness. — I can't say it was or was not taken out in consequence of my instructions to Belyea. You have the same infonna- tion I have. A policy issued on the 18th Dec, in Lloyds, England, was put in witness' hands. He could not recognize it and has never seen a Lloyds' policy. Mr. Thomson — Then Belyea & Co. must have collected the money and put it their own pockets 1 You may say that but I do not. Proceeding he said receipts might be produced, too, and yet no money have been paid. If anybody wanted to trump up a case and bring a lot of evidence, etc., they could make all the receipts, etc., necessary. Witness— Have you never made out a receipt for money that you never received ] Mi-, Tliomson — I have not. Witness — Well I have. If Belyea put on this insurance and did not inform me, it would be a fraud ; but I know him too well to think this. I don't account for the I)olicies ; that is i"cr you to do. I don't deny or affirm it is a Lloyds' jKilicy. Mr. Thomson intennipted and said, '• then if a forged policy, Belyea & Co. would have to be ) ai-ties to it 1" Judge Palmer replied : no, my idea is that there could '^e no forg^ciy without intent to fraud. Mr. Thomson — I want you to state on your oath that there has been a forgery or a fraud ; you have thrown out an insinuation to that effect. A. — I have not thrown out any insinuation to that effect, and hope you will not consider it so. I know nothing about these policies. I believe that Belyea & Co. tcok out j)olicies for me to the extent of £2,- 400 and I believe no more ; I believe some of the policies are genuine, bub I could not say whicii of them covered the insurance on the vessel. I have doubts that all these policies were executed on the Brothers' Pride. I don't believe that every policy obtained by Belyea & Co. has been shown to me just now. Without proof I decline to have a belief. Mr. Thomson — Well, your mind never affirms a belief unless under legal evidence] A. — I do not say that ; I must have some proof. Wit- ness continuing, said he had the strongest evidence in his mind that all the policies offered by Mr. Thomson were not executed by Belyea «fe Co. It is proof that all the policies were not effected in his (witness') inter- ests. The policies do not agree with one single sum in the accounts from Belyea & Co. There was never any insurance on the freight of the ves- sel ft'om Cuba in any English company. A policy of £300 in Lloyds' on freight from Cuba, valued at £4,000 was then handed to witness, Mr. Thomson — Look tit April 24, about the time you are charged snip SCUtTLINO TRIAL. / 151 imder IWit- it all Co. Inter- Ifrom ves- loyds' lirged with additional proniiura. Is that leave to go to Cardenas not endorsed on this ix)licy1 Is it not a marvellous coincidence that this amount corresj; mds with the amount mentioned in your letter { A. — I don't think you havo a right to impute that. I know nothing about the matter whatever. It is quite likely most of the policies are genuine, but I have no material to found u belief ni)on. I have my doubts that those are the jKilicies that ccver my insurance, but I form no opinion. Mr. Thomson — Do you swear there are other iK)licies outstanding 1 I iiave no belief. — Wheredoosyonr belief end and doubts begin? — That is a metaphysical (piestion I can't answer, — Do you believe there are any policies issued by Belyea & Co. not here 1 — I express no belief. — Has not all the insurances collected by Belyea & Co. l^een on these {)olicies, and yet you have no belief 1 — I must have some evidence to fomi a belief on. — You have evidence you wrote for insurance ; they wrote back that it was due ; you got the money, and I put in your hands policies, and yet you say you have no evidence 1 — You leave out that they exceed what he wrote he would insure for, exceeding what I instructed him to do, and I have the strongest evidence in my mind it conl'l not be done. I will not say they are all wrong. They do not agree wi the aggregate, nor do they agree in any single sum. In letter of April 5th I stated the freight would be worth $5,000. — I infer from this that there was a charter party from Cienfuegos] — That was written immediately after Tower's letter informing me that he had effected these freights. I only knew the bargain from Tower's letter, with option of sugar or melado. I had no insurance in England on fi*eight at that time. — Did you write out for insurance 1 — Never, sir j never. — I want you to look at this Lloyds' policy, dated April 25, for $1,500 on freight valued at £1,000 sterling 1 — I don't know anything about this policy at all. — Do you see when this purports to be ])aid 1— Settled total loss, it says. If a genuine policy this shows a settlement. — Considering no instructions were given Belyea & Co., is it not marvellous that it just agrees with the value of the freight 1 ♦ Objected to by Mr. Kerr and withdrawn. Witness proceeding : I gave np the management chiefly to Mr. C. A. Palmer. I went to Jarvis to protect my own advances. Disbursements are usually paid out of the freight. This was actually advances to the vessel iiTespective of the freight. It was simply intended to insure as advances. — What did you actually insure ] — My advances. — What earthly use is this except on a vessel] — What I intended bona fide to insure was the advances. The freight was a separate matter. — Then why did you want the captain's order on freight to sliow Jarvis 1 — I wanted that to pay Peters. The ordinary evidence of an advance on a vessel is the captain's certificate or draft for the amount. The captain is the agent of all the ownei-s. The account began at Shediac in Dec. '77, paid at Bathurst and other plj?ce.s. The captain had the list of advances in the vessel's book, or shoi'id have had it. My letter about it is the missing one. The draft cou d o'^'ly be paid out of the freight, I could have got it without the capt'i'is order; but it was to anticipate the freight, supposing Peters would wait for me, and I had no other way to pay him $3,000, We disputed about the interest and the vessel was ^^w II-';' ■ U% I SHIP BCUTTLINO TRIAL. i;^'-^ lost before wo could settle it. — In May 5th, 1 month and 2 days before the vesKel was lost yen wrote tluH (ln[)licate tlraft and say to tlie captain, *' P. I. N 8CUTTLINU TRIAL. 153 If it were poHsible to find these papers I would produce tlufin. My hou Charles in.sured .f 2,000 mtoii his own interest in the vesHcl, and another ^2000 in ]»laco of a .£400 Knglish j)olicy tliat my son said he tliou^ht had run out. I knew the freight was insured l)efore the vessel was lost. All tliis busine.ss was transacted with a great deal of otln'r busi- ness ; never saw any of the jjolicies in the (ireat Western. If my son Charles hiul thost! policies, I n«ver know it, and never saw them. Capt. Tower did not makt^ any preliminary j)roofs. Capt. Tower made a pro- test in New York in consecpience of a rimior that the vessel was imsea- wortliy. I could not say on who.se account the protest was made ; per- haps it was the Gr(;at Western's. Mr. Coddench is my attorney in Now York. I may have written the draft of this preliminary proof of the vest I's seawoi-thiness. I recollect that the subject of the pro- test was the ve-ssel's condition when she left Cardift". In fact, I did not know what repaiins six; had undergone at Cai'diff. Capt. Tower told mo that she had been recaidked, and because she had to make a severe winter passage. Tower said he had the vi>.ssel thorougldy atten«led to. These repairs cost witness £40. The voyag? she made from Carditf to Cien- fuegos in mid-winter was, witness thought, as severe a test as a vessel could be subjected to. If the protest .said that the ve.ssel carried her cargo of coal from Cienfuegos that statt^ment would be in accordance with my views. She leaked on the passage but generally behaved well. I could not say the leak was only through her top sidf^s. I could not locate the leak. Mr. Thomson — It a vessel is found to leak during rough and stonny weather upon a voyage, and such leaking ceases the moment the weather becomes mild and the water smooth, would you not attribute such leaking to her top sides and not to a leak in the bottom ] A. — According to my notion there is a long distance from a vessel's bottom to her toj) sides. Where a leak is occasioned by a .strain the strain is neces.sarily nearer the deck for it is there the leverage occi'rs. In consequence of tliis what is technically called the top sides or wales is made stronger than what witness considered the sides of the vessel. No moi-tal man can tell where a leak will locate itself. If the vessel strains she frequently " chaws " the oakum as the sailors call it. A strain would be more toward the top. It would be a bold man who would say where the leak would be. Mr. Thomson— I did not 9 ak whei e 1 Witness — I have endeavored to give as full an answer as possible. Mr. Thomson — It is a long answer, but not a full answer. Witness : These words might have been in the protest I made as to seaworthiness. I know she was a strong vessel, and she was in good condition when she left Cardenas. I never said that Petei-s pressed me, because Mr. Peters treated me very kindly about the matter. I was sued in common pro- cess. In order to get Mr. Nevi\is or anybody else to accept a draft, it would be nece.ssary to give the party some inducement. Mr. Thomson — What prevented 3'ou from dmwing on Nevius instead of on the captain or against the freight? — The only difticulty was in getting the cai)tain to accept, and he would not accept any draft with- out some inducement, say by consigning the vessel to him, by putting in his hands the captain's draft which could be forced against the vessel '1,..*. ■i;. i* i'fili-! 154 SHIP SCUTTLING TRIAL. when she arrived, and by putting in his Jiand the policy of insurance so he v'ould be safe if she did not arrive — then he would accept any draft in a business way. — Did the captain have to give his consent before you could do that ] — Supposing I had ihe captain's draft aj^'ainst diRburse- ments, I ap])rehend it could be enforced in New York against the "es- sel without any trouble. It would be a very unusual thing for it to come from the owners. — Do I understand you that you required the ci.asent of the captain before you could consign the vessel to Nevius & Son 1 — No, I could consign the vessel, — Could not the policy on freights in Nevius' hands to protect him against any acceptance of your draft have been made payable after the arrival of the vessel 1 — I could do it for that pur- pose, but 1 think it would not be such protection as he would accept. It would not be the regular way. In my opinion it would not at all be as satisfactory as to get the captain's draft in the usual way. I do not know wliat Nevius would have done if I had asked him. Mr. Thomson — Would not, in a case I have just sup],o.sed, Nevius & Son have been better secured against loss by accepting youi draft than by accepting Captain Tower's draft for ^3,000 in this form : — Fifteen days after arrival of the Brothers' Pride, at next port of discharge, pay to the order of Nedus & Son $3,000, being advances made upon vessel. Would it not have been better, the case I supposed, than a bald draft like this of Captain Tower's 1 — It is impossible tor me to tell. He would be better secured, leaving out the question of insurance. I could not say the draft would be better security than the consignment of jwlicies, etc., to Nevius & Son. There would be no absolute security in either way. — Then I supppose there is no absolute secui'ity except in bank notes ? — I did not convey that meaning. $3,U00 on a vessel valued a^j .f 2,000 would be i)ietty near absolute security I — Where does the draft on Tower give the slightest secui-ity to Nevius & Son 1 — That draft professes to be drawn for money spent on advances to that vessel. A claim in the New York courts of this kind I believe can be inforced as a lien in rem and the vessel sold for the claim. This is the way I imderstand the law of New York. — If Nevius took your word it was on advances 1 — Yes ; and then he would have the captain's word too. — Why would he not take a draft drawn on yourself or Peters, if he bel*?ved the advances were made'? — I had a right to give him the captain's dv:S^ I ought to furnish him under the circumstances, I think, with the best ' ^ible proof of my claim. — Is it a common thing fcir ship-cwneis to c> t the freights on drafts on their captains instead of collecting it themselves or through agents direct? — It is a common thing for the captain to make a draft on the freight to the order of the owners or ship's husband. The captain's draft is always taken for these disbursements because the draft will sell for more. It is the best bill you can have. I was going to give you an instance but you would not let me.— -Did you not hear by cable that the insurance was effected 1 — Am sure there was no telegram or cablegi'am abovit the insurances. Am sure the cablegi'aui of Jan. 2nd was not on this sub- ject ; it would not be natu'-al for Belyea to cable the insurance. — When was the insurance effected? — The insurance could not be effected till the vessel was chartered and till he knew what the voyage was. That would be about the middle of December. If the vessel was going to leave en- SHIP SCUTTLING TRIAL. 155 .^i;(.;^ >??^;l Ive en- tirely without insurance I think he would cable me. By Jantiary 1st woxild think she was insured by Belyea. — Do you recollect ap[)lying to Jarvis for insurance on freight in January 79 ] — Yes, I recollect it. The body of it was in my hand writing. An ajiplication to the Anchor Marine Ins. ,Co, was then i-eferred to. The bjdy of it was filled up in Judge Palmer's hand writing. It was signed by Chas. A. Palmer. The application read in brief, as follows : — Insurance I3 wanted by C. A. Pahner on account of whom it may concerii lose, if any, payable to Chas. A. Palmer. Vessel — Brothers' Pride. At and from Car- diff to Cienf uegos in Cuba. Cargo — coals ; freight under deck. Repaired value $2,000. Amount to be ins ired $2,000. Ptate $3,000. Premium $60. On this witness recollected making application for insurance on the 9th January, 1879. He discussed this application with Mr. Jarvis or Mr. Loughead. He did not tell either of these gentlemen then and there that there was no insurance on the vessel. He did not pduse a moment and then say, "I know of none, and don't thiik thei-e is, because the vessel is generally run without insurance." The last clause witness said 'le did not say because that would be untrue. He told Mr. Jarvis or Mr. Loughead that thero was none in America, but he told Messi'S. Jarvis or Loughead that there was insurance in England on the vessel. Continuing he said : I remember saying there was no insurance in this country, but that whatever there was, was what Mr. Belyea had in Eng- land. 1 said this whether it was to Mr. Jarvis or Mr. Loughead. I recollect distinctly telling him there had been application by Belyea in England, and gave him honestly all the information I could. Mr. Thomson — When did the $3,000 advances begin and end? A. — Am ;inder the impression it began in 1877. Paid dLsbui-sements in Sh( Tower. — And this is the way this New York company pay their r].s.. J — I don't know, but that is wliat occuri'ed. Tower was anested and I was unable to carry on the suit. About the insurance and protests in the North American. That was the insurance that lapsed. When witness got the telegram apprising him of tlup loss he did not know he liad any insurance on the vessel excejit on freight and $3,000 ou advance?. He was flustered and, as a matter of precaution, gave a notice of abandonment to eveiy one that could possibly be inter- ested. He rever made the claim, because he had a.scei-tained his insurance was all right. The thing remained so till Ranney came to witness, wrote a receipt on the back of the policy and handed back the note. It was all done at his request. If the thing occurred again he would serve notices of abandonment in the same way. He said there was nothing in the ac- counts from Belyea & Co., of 1878, in reference to the insurance. There could be nothing in them in reference to this. The vessel did not arrive home until 1878. One of the accounts ])roduced covers transactions one month before the vessel arrived in England. The accounts pi- luced covered, witness said, a ])eiiod over one and a half years and detail all the transactions he had or ever knew of with Belyea tk Co. concerning the Bi'othei"8' Pride. Witness continuing said: fy accounts run from 31st Dec, 1878 to 31st Dec, 1879 continuously. The fii-st account of the Brothers' Pride is closed with +he voyage and earned into my private account. The vessel left Enghi 1 Jan. 5th, 1879. The first account begiiis October, 1878 and ends Ju 30th, 1879, or after she left. Tlie next transaction was the letter on A lil 5th and the item in the accounts is the extra pre- mium. Mr. Kerr. — Please explain how the first msu ranee was done v/itli Mr. Jarvis, in Jan. or Dec. '? A. — I went in Mai-ch again, but the firet time yoa refer to waa for insurance on the voyage ft-om Cienfuegoa to Carde- nas. This conversation was between Dec. 9th and Jan. 9th. I did not know that the freight was insured and had no information at the time, and told him I expected the freight would be partly covered by BeJyea & Co., but I didn't know what amount. I also told him the ves.sel was usually run without being wholly covered by insumnce. Heard of the loss of the vessel in May, 1879. I had informatica of the freight being ;''^r '\y$ "A~ ■|^'*!»' it '€ '!•■« '' ■* I • t -iiri' ^1 158 SHIP SCUTTLING TRIAL. insured, $3,000 by Mr. McLaughlin, of the $3,000 I had with Jarvis, and that was all I was sure was on the vessel, freight or advances. I knew by the account with Belyea then that insurance had been effected from Cardiff to Cienfuegos and to a port north of Hatteras. I knew tliere was .£2,100 on Cienfuegos to New York. She was ;^-oing to Car- denas instead, and that this insurance woidd not cover. T had written to Belyea to change it, but having got no answer, I was In doubt as to its being effected when the vessel was lost, and I Wif>i afraid I liad suffered a very sevei-e loss. I was anxious about it. Mr. Kerr — About a copy of a protest 1 Do you mean the statement Mr. Thomson asked me about? I can't remember the identical words of that statement, but presume I used words which mean I liad effected no other insurance myself but this with Jarvis. I thought I used words which could not jfossibly be misunderstood. What 1 stated then I believed to be true then, and I now believe it to be true. Proceeding, witness said Capt. Tower, except with signing, had no more to do with the draft than Mr. Keir. Tower had no notice as to the insurances. The pro- tests were entirely distinct from Tower, who knew nothing about them one way or the other. My ])rincipal conversation was with Mr. Loug- liead, or the person Jarvis said was in charge of the marme department of his office. Noah Dowdell was sworn. He has resided in Carleton off and on for 40 years. Know Cajrtain Tower for 6 yeara. Knew him to be a quite, j)eaceable man, and in borrowing and lending found him very con- sistent. He is not a talkative man ; does not talk about his business. Would not ■"akejliim to be a man who would commit the crime with which he stands charged. Cross-examined by Mr. Thomson — Tower has considei-ably improved his house lately ; has not been to sea since he came back in July, 1879. Ke-examined — He has property for years ; always found him a careful, prudent man, disposed to lay iip and improve his house lawfully. Mr. Kerr said he would rest his case here. Mr. Thomson said he had rebuttal evidence to call and enumerated the points of evidence he wanted to contradict. He would first call Howard C. Thomtus to deny statements made against his (Thomas') character by Smith, Towers' brother-in-law. He also wished to produce witnesses to prove tliat the air-streak in the vessel was not in the location that the defence say it was. He would also produce witnesses to contradict Judge Palmer's testimony, especially Mr. Jarvis. Mr. D. S. Kerr re^Jied and contended that Jis far as Silas Smith's CNadence was concerned there was no time or place, when or where, or convereation in liis testimony for Thomas to base a contradiction of state- ment. In regard to the aii -streak it had been thoroughly discussed when the case for the prosecution was op'^n. In regard to Mr. Jarvis' contra- diction of Mr. Chas. Palmer and Judge Palmer he would say it did not concern his client. Mr. Thomson said the defence had not located the air-streak in the vessel, but they had produced evidence to prove where an air-streak would likely be in a vessel like the Brothere' Pride. Mr. Jarvis' testimony will go directly, he said, to Judge Palmer's credibility. ^i^ ■ SHIP SCUTTLING TRIAL. ever, were bound htf^ '""^^ ^°* I^"^ the quesMon T^, Juror Roxborouah sairl ih J"«8ment as to Mr Ti7^\^^^*^en recalled ■wir. IJiomson — Mr Plmo t> , "" - * . office; bnt he did Zt , ~^ remember Mr Palm., „ ■ advances, i" tie Orient, $1 500 TI "'" '" "'" «,000 he ttej f?;'^ """ -^ me that the frei,'ht ^ • '"'" on the 28th jX nlh' '""ount tiat amount. "''" ™ »™-^<' for «5,000, „>d tL a^l*'' T' ^" Mr. Thomson-Did ),„ , n ™'"""' "' "yasy. to pay the amount. \ It '■■'ft ■ " I .•■■Ja, ll .'III 1 § ,il ^P*! • [ll 160 SHIP SCUTTLING TRIAL, -it; ■ I also told Mr. Palmer that the Solicitor of the Anchor Marine Ins. Co. harl forwarded a list of queries which I would like hini to answer. I then took the list of queries and read them to Mr. Palmer and took Mr, Palmer's answers.. To Mr. Kerr — Did you put down all the answei-s Mr. Palmer made I A. — I did not ; I just made a short memoranda. To some of the quer- ies there were no answera made. I read the questions over to Mr, Chas. Palmer and made pencil memoranda which enabled me to extend them afterwards, I asked Mr. Palmer the names of the ownera of the vessel. A. L. Palmei-, D, J, McLaughlin, jr,, and himself, Chas. A. Palmer. I asked him what encumbrances, if any, were on the vessel. He said none, I asked him the cii'cumstances and natxire of the appli- cation, by whom made, and when and where. He said upon disburse- ments, that the vessel owed his father money, that they were made from time to time and extended over several years, I asked him what otht'r insurance there was, and if any, on vessel, cargo or freight, by whom effected and in what companies. He said tliere were $2,000 with Ranney on freight, that the freight on this voyage amounted to oyer $4,900, and I made a memoranda like this : Freight, -f 2,000 ; advances, $3,000 ; total, $5,000 ; freight, $4,900. Mr, Palmer did not say she was insured in the Great Western in New York, or anywhei'e else for $5,000. The only mention of any insuraiice on the freight was the $2,000 with the North American Co. Mr. Palmer did not tell me this policy did not attach. Mr, Thomson — He led you to believe this was a valid policy 1 Mr. Kerr — Now stoj), stop, never mind Avhat he led you to believe. I know that Mr. Thomson would like to have Judge Palmer convicted if he could. Witness proceeding, said, I had a conversation with Judge Palmer on the 8th or 9th of Januaiy, which was, that Judge Palmer came into my office and asked me to insure $2000 on the freight of the Brothers' Pride from Cardiff to Cienfuegos. Then he went on to tell me th«' favorable points of the risk, and told me that he had put considerable repairs on the vessel, that she was a good strong vessel, and that there was no insurance on her. Then he qualified that statement that there was no insurance on her by stating that he knew o^ none, that he did not think there was any on her at this date, and that he generally ran her without insurances. ,; . v? . ' ■ ' ,i. ^.''?*yf''. His Honor put a few questions to witness referi-ing to his notes. Did Judge Palmer say there was no insurance on the vessel 1 He did. — Did Judge Palmer then pause in his speech, and say the vessel generally ran without insurance ? — He did. To Mr. Thomson — He did not say to me there was no insui-ance in this country. He did not say to me whatever insurance was effected in England was effected by Belyea &, Co, Cross-examined by Mr. D, S, Kerr — I have not stated all that Mr. Palmer told me on that 27th July, I had quite a convei-sation with Mr. Palmer, Mr, Philip Palmer informed me by letter on the 16th August, that $5,000 had been insured on the freight. Mr. Charles Pal- mer did not give me the same information on the 27th July, nor Judge Palmer. I had not paid any of the insurances to Mr. Palmer at thi* time. , - / SHIP SCUTTLING TRIAL. 161 m Ditl .—Did Illy ran. At this iMDint Mr. Kerr made a remark which witness considered a slur on his veracity. He wanted to prove that his statements were true by producing a letter he wrote to the Orient Ins. Company. Mr. Kerr — You had better take care, sir, or I will ai)ply to the court to commit you. The court stopped Mr. KeiT, who said he was horrified at the miserable slandera going on and thrown at him. He never wanted to be in such a case again, and would rather give up his position at the bar than j)ass through such a foul shower of slander again. Witness left the stand. lua Honor said he had examined his notes and found there were only two or three witnesses asked as to the location of the air-streak. There was rothing shown by the prosecution whei-e the holes were bored, but this he thought did not preclude the i)ix>secution from producing evidence upon this jKjint. Mr. KeiT — Will your Honor reserve the point for me 1 The court replied that it would. Mr. Thomson wanted Thomsis' statement about the 1^ ft. space between the timbers cleared up at the wime time. Mr. Kerr claimed that this could not be done. Mr. Thomson said there were vessels lying in port now having 6 and 7 in, between the tim- bei-s in the air-streak. He said he could prove that there is frequently a space between the timbers of 6 and 7 inches. Mr. Ken* said he could call 100 witnesses to prove how far apart the timbers were in other vessels; it would be great injustice to overtui'n the evidence in this way. His Honor said Captain Vaughan and other witnesses gave geneml evidence on this point. He would, howe\'er, receive evidence as to the probable space between vessels' timbera, but he would not receive any evidence to corroborate Thomas' statement about the 1^ feet space. James G. Purdy of Grand Bay, Lancaster, was called. He is a ship cai'penter of 2 1 years experience. His examination was conducted by Mr. Alward. He knows the barque C. E. Robinson, about 500 tons register. She has a humcane deck and he examined the streak in the lower hold at the mizzen-mast ; found 6 inches between the timbers — clear space ; Mr. Alward was with witness when the measurement was made ; made also the measurement before he saw Mr. Alward. As a general thing in other vessels the distance is less than 6 inches ; has seen the space larger, but it was doubtful if they would pass LiDyds'. There is a wane sometimes in the timbers in the sti-eak, and if the vessel is round a root has to be used. This causes a larger bay. Mr. Alward — What are Lloyds' rules in reference to building sh^ps 1 Mr. Kerr objected and after some argument the court ovemiled ^he question. Witness, proceeding, said if the timbers were 14 in. it would necessarily take a space of 30 in. to contain the frame. This 30 in. is a space for two timbers and two spaces. Mr. Alward wished to produce a plan of an ideal of the Brothers' Pride. Mr. KeiT objected. His Honor thought the plan admissible. He alwa)n8 thought it proper for a witness to illustrate his evidence by plans. Witness, proceeding, said he drew the plan on depth of shoe 6 in. ; of keel 1 3 Jin. ; of floor timbers 13 in. ; thickness of ceiling 5 in. If she drew 14 ft. — load water line — the air streak would be 2 ft. 1 in. below load water line 11 ■i. VI 162 SHIP SCUTTLING TRIAL. ainitlships. The usual sJiear of a vessel of this size varies very much, from 20 to .30 in. Tiic sliear from amidships to tlie stern wouhl be from 20 to .30 in. Between the mainmast and mizzenmast at 20 in. she would be U in. higher from amidshi[)S to the mizzenmast; if 30 in., there wouUi be about 12 in. between these points. Between mizzenmast and midships there is no taper in a single clamp. If two the lower clamp would tap(!r about 1 in. It would be 13 ft. 3 in. from the shoe to the top of the air-streak at the mizzenmast. If an auger hole was bored through the air-streak at right angles of the ceiling it would come lower mitside than inside. By calculation, he said a straight boring would l^ 9 in. Lelow load water line. Cross-examined by Mr. Kerr, witness said he built a vessel at Milledge- ville of about 600 tons. He knew nothing about the Brothei-s' Pride. He gave the preceding measurements from Lis own instnictions and those he received from Lloyds. If the Brothers' Pride was built of timber adapted for a vessel 100 tons larger such tirrb^-r would require cutting down instead of })iecing out. Made no calculation on the plan for the load water line but the 14 ft. draft, and that line would be about the same. If she drew 7 ft. unloaded that would be 7 ft. from the shoe. Re-examined by Mr. Alward — He allowed 12 in. for one clamp and 1 1 in. each for two. The calculation he made was in the very upper part of the air-sti'eak. At this point Mr. Thomson inquired whether he had not a right to prove the rules laid down by English Lloyds for building a ship and submit them in evidence 1 s? - !i;'><« <' /.'« -^ His Honor said only the rules at the time the vessel was built would be evidence. RoBT. LouGHEAD was recalled. He said he had no converaation with Judge Pivlmer in reference to an application for insurance. He had with C. A. Palmer. Q. — Did Judge Palmer ever tell you he effected insurance on the vessel in England thi'ough Belyea & Co. 1 A. — No ; he never told me that. I knew of no other insurance than that made with me. If I had known that I would not have taken the risk. John Stewart, shipwright, was recalled. He said he had seen spaces in timbers in air-streaks, abreast the mizzenmast, 5 and 6 in. in width. Wanes very often occur in the timbera but do not always extend all the way through. Cross-examined by Mr. Kerr — He never knew the Brothers' Pride. There is no rule about clamps. The air-streak comes in place in the con- struction of the vessel. If there were two clamps it would be lower than if one clamp. There is no rule set down for the location of the air-streak. With a stringer and one clamp the air-streak would be below the lower side of the deck 30 in. — taking the deck 8 in., the stringer 10 in. and the clamp 12 in. The depth of hold is 12 ft. 11 in. ; ceiling 5 in. ; floor and bridge 12 in. ; keel 1 ft. 1 in. ; and shoe 5 in., which makes 15 ft. 10 in. The crown of the beams is .5 in. ; the ends of beams 8 in. ; breadth of stringer 12 in. ; clamp 10 in., makes 2 ft. 11 in. This taken from 15 ft. 10 in. tells where the air-sti*eak ought to be — ) ft. 1 in. below the load line. This calculation is amidships. Allowing for the sheer at a point 19 ft. from the stem in the hold the air-streak would be 7 in. below the water. - -».•..■ 1' SHIP SCUTTLING TRIAL. Mr. CLKv^Zm ""■ — "ui couJd go uup. sergeant. Ono b^t t^' ' *^' Pohce Court iul left thl 'T'^ ' *"°^ dence; never t/.ni n ^^i^'—There were two K \*i produced.] VxW«/r"' ,""' ''^' ^^^^ Ci'Iodv of ^^ ' "'^^^ ^^ «^''- looked liki mSo V r^"'' ^^'^^^"'^^^i «ay S^ "f,f f ^°"'^- [Bottle «ame bottle rJtn J- "^* *^"^k Trisii tool/r*' ''f °"« bottle that threTwtit "^^^V'-^yitwasmel^b He J^' T^ «»* of the bottle, .ere brought to the Policc^oT™:f^^^^^^^^ M-. Pugslev then n ^''* ^""^ ^^ -"..t.Unftt^e'cteS:'""'"*'" *-« --iuUed the eviUene. i„ --V 'i> also, and 1 Arnold, p 6 onlh/?"''.-^ ^^-^^ & Col-^768 oY'',?^''"«'- On the Mr. John Kerr cfted'Sex v« V'^^'''' ''^ «"«<' ««ith ' " "^ ^^^^ ^*« «ted an,accomplice. ' * ^^ss & Fjn. ^as cited on fi, ^**'^" ^o- 8 1^. R Op' Up' I /ii»i ■ !» m W m 164 SHIP SCUTTLINO TRIAL. It waa ostensibly a Crown prosecution, but the real ])n>8ecutors were the insurance companies. Yot by the use of the Queen's name the mouth of the prisoner is shut. He showed the difference between a honajide. Crown prosecution and such a case as this. In this case the ])n)8ecutoni are two vile perjurers, Thomas and Koltertr, men who acknowledge tliemselves up to the very throat i^rjurers, and they com- bine to make information with Mr. Cleveland. This accusation is made by paid witnesses, by men whose credit is not worth a straw. Who ever heard of such a pf jceeding us this before ? Mr. Cleveland had been regularly paying th.^se witness- es up to th s day, for the purpose of procuring a conviction agairst this man. Tnis was a fact proved by himself and by these witnesses themselves, and here was Mr. Cleveland drilling these witnesses in New York, and interviewing them in jail, and bringing in new testimony from the same perjured source. He said that the prosecution seeing that their case had failed, hait commenced to bully the jury. It is a monstrous state of corruption, such as never known before. He referred to the injustice of the accused being tried thousands of miles away from the witness- es who might have prced his innocence. He asked how it came that the private transactions of captain and Mrs. Tower with the Banks were brought to lignt con- trary tt) all the rules of these institutions ? He referred to the charges triat had been made against one of the jurors, Captain Letteney, against whom the great charge was that he had said he would not believe Thomas. Great heavens ! is there a man or woman in the whole country that would believe him ? He animad- verted on the manner in which Judge Palmer's insurances had been mixed up in the case to the great lengthening out of the trial. The men who imported this into the case were the underwriters in New York, who were at their old tricks, and who were endeavoring, to get rid of their liabilities. Just at the time that Judge Palmer was bringing the suit for insurance against the Great Western Insurance Company, Captain Tower, his witness, is arrested and the suit stopped. An enormous expense has beer 'mt on the coun*-ry, jurors and judge put to great inconvenience, and the whok iness of the Chief Justice's division of the Court stopped in order to enable the i . reat Western Insurance Company to escape a just debt. He would contend that if the evidence produced at the inquiry in New York had failed, that the prosecution must fail here, and in support of this cited Arch. Crim. T^aw 299, as to the credibility of witnesses. Thomas, Roberts, Hall, and Trisinski, were four scamps who had lied, and whose word was of no value. He did not envy the Chief Justice on the bench, and apologized to him for all rough things he had said. If he used the Creator's name hastily during the trial, he had not used it irreverently. He would walk through the evidence of these four perjurers, and that done he would throw the rest of tne evidence to the winds. He then referred to the indictment and called attention to its extraordinary cha- racter, remling it, and commenting on its principal features. Tower was accused of scuttling the vessel "feloniously with intent." Therefore, it must be shown that he knew of the insurance or the prosecution failed. Ah, but say the prosecu- tion, Thomas will prove that, he is the man who supplies all our wants. 'Ihe pro- secution is, in fact, an attempt on the part of the insuranco companies to keep Judge Palmer out of his just rights, and they are really asking a jury to try out a case of insurance between them and Judge Palmer. But what has the prisoner to do with Judge Palmer's insurances ? He spoke of the horror he felt at the awful perjuries of Thomas which had been brought forward on behalf of the prosecution. We may well pray of the great Author to deliver us from evil. The land is infest- ed with such demons ; I am no ordinary coward, but when Thomas came in, a horror crept over me. I begged that the poor miserable wretch might not be Suestioned. After we had replied to the cjwe, he was recalled, and he would, if llowed, have sworn down all the defence set up. They were able to hold his own confession over his head, and held him in terror, so that they could make him swear to anything. Taking up the 2nd count, "against the form of the statute," he asked how much the Great Western Company cared for the form of a British Statute ? Palmer, father and son, do not believe in Tower's guilt, and they give him the character of a good and faithful servant ; than which they could do nothing else. "Did set fire to the said vessel with intent to defraud the companies," &c. Set fire to the vessel ? Ah, gentlemen, they knew that charge to be false ! False, by the testimony of all their witnesses. After schooling 40 days that scamp got $5 a day "to pitch honor" to the winds. If he does not please his masters the BUIP 8CUTTLIN0 TRIAL. 165 ;neaB- •ivate b con- ^thad great na! is liniacl- up in ported jir old le time Western. »pped. o inreat 9 Court B a just in New lis cited Hall, value, for all le trial, i these winds. xy cha- Etccused shown ►rosecu- he pro- keep out a ionerto e awful icution. infest- e in, a not be mid. if lis own :e him jktute," British jey give [nothing «," &c. False, kmp go* :er8 the Lord kosws what will become of him ! A man on lioard ship is charged with felony ! Horing holes ! who heard the noiao ? w)io saw the holes ? The mate swears in his punficd conscience, tliat he haw nothing, but applying his memory to the situation says hu lieard the contents of the casks swu ih ; swears the contents was thinner than melado and he ha'.l never seen melado before. " Knowing the lack of energy of the captain, " says the mate ! Ah, I put on goortant, liad not hoou given at tnu i'olice Court ? lloferring to thu iuHuranue he itaid tliat thu undurwri- ters in Kngland and olaewhvre uticouraguiad no right as captain of the vessel to invade one of the casks of his cargo. The bill of lading read, "weight and contents unknown." If the material was known to the captam as extraordinary a difTeront feature would be presented. But there is, Mr. Kerr claimed, no evidence that the captain had the slightest suspicion as to the contents of these casks. Captain Rouse on the stand at this trial had said that the statement in the log book, "people constantly at the pumps," indicated heavy weather. Mr. Kerr then referred to the protest made before Mr. Hughes, The captain is bound by law to take his men to make a protest in case of wreck. Did the mate object to making his statement before the attorney ? No. But since ho liad said iie would take money, and pitch honor to the winds, sacrifice his oath, and duny liis statements mary. He stated that he was utterly ignor . ' of the insurance on the vessel, 'ideed he coold not have known of the insurance. Mr. Kerr here read the captain's letter of 5th January, 1879, written from Cardiff, which was, he claimed, quite in- consistent with such a crime as he was charged with. The next letter was dated April 17th, the intermediate letter being lost. In this letter he said he had obtained the best freight by about 37i cents that had gone to the Island that year. That was scarcely the kind of expression that would be used by a man who contemplated such a crime as he was charged with. It was the natural expression that a faithful servant would use who had done well for his master, and bears the imprint of a man doing his duty ! Why would he want to take such an infernal turn against righteousness? Why blast his life for ever? No, he can say, "while I have lived I have done my duty to my masters, never wasted their substance." In this letter he said he was loading with melado for New York or Philadelphia. The next letter was written after he had loaded and the day before he expected to sail. It contained nothing to suggest an intention to cast away the vessel. It was a simple, short business letter, and none of the letters had one word about insurance. When the protest was made and the Naval Court of Inquiry held, the control of the master over them had ceased, he had no authority to coerce them, and where w. i the inducement to cause these men to commit perjury ? No one had been training them for forty days t<> tell a false story. He did not know who was the guilty one, but it is clear that some one had been guilty of subornation of perjury. He read from Russel on Crimes to show the nature of subornat'on of perjury, and the punishment to which those guilty of it were liable. He also cited the tecent case of Regina vs. Hughes in the Law Reports on the question of perjury, which showed that a conviction obtained on evidence subsequently shown to be perjured was not set aside, but application had to be made to the Secretary of State to relieve the party from the consequence of the conviction. That Iwing so, the finding of the Naval Court in New York, even if the evidence before was shown to be prejudiced and false, was conoluijive against the present proceeding. The court adjourned until morning, when Mr. Thomson on the question of insurable interests on advances cited McLauchlin on shipping, ed. of 1876, i». 486. Hicks vs. Shee 7 £. & B. p. 633. 1 Kay on shipmasters, 127, on the duties of shipmasters and the documents he should keep on board, the bill of lading and invoice being among'the documents mentioned, also an official log. Mr. Kerr continued. He said the learned counsel was in trouble ; he saw his c&ae was gone, and he was now going on the case of the Western Insurance Co. against Mr. Palmer. But what nad his client to do with that? Suppose Mr. Palmer was insured for too much, or was insured for something he was not entitled to insure for, that did not aflFect the present case. He chaUenge4 the opi>osing counsel to produce an authority to controvert his position as to the witnesses not being worthy of belief, which was supported by Rex vs. Teal, 11 E&at., ti jse wit- nesses having before sworn to statements different from what they now mode. He cited also 1 Arnold on In. .304, ed. of 1866, in regard to the amount that r. ma>x jnight insure, 'siting 15 Mass. Rep. 304. In this case the freight had beeu '\lue, 1 :.y\ 170 SHtP SCUTTLING TRIAL. at a sum three times as large as it subsequently turned out to l>e, yet the loss waa j)aid. And yet they were told as ^rt of the case of the prosecution that Mr. Pal- mer was over insured, which he ucnied. He read that part of Thomas' evidence in which he states that Tower told him that old Mr. Palmer had written to him to sink the vessel, and asked was it possible they could believe that Mr. Palmer would be such a fool as to write such a letter to Tower, exposing himself to a criminal prosecution, and to be turned ofiF the bench? '"'ower, in his evidence, states that he had no kno^/ledge of the insurance except what he derived from the Maritime Register. He read tlie entry from this ])aper that the vessel and cargo w6re insured. This paper was published on May 21st, fifteen days after this ves-sel was lost, and this was the first intin;ation the prisoner had of the insurances. The testimony of the prosecution stank with corruption and misrepresentation, and he felt satisfied the jury would not credit it. Mr. McLaughlin, Mr. Chas. Palmer, and Judge Palmer, all testified in the most positive manner that they never made any communication to Captain Tower with regard to insurance. Why waa their evidence on this point not to be taken and believed ? What then has Tower to do with Judge Palmer's insurance, even if he had put on ten times as much insurance as it was worth ? Why should liis client's case bt; affected by it ? Against the statement on oath of these three respectable men, and the statement, also on oath, of Captain Tower, that he bail no knowledge of tlie insurance, they had nothing to produce except the evidence of this hoi rid wretch, Thomas, who, as he had shown by authorities already cited, waa not to be believed. Mr. Kerr then proceeded to rea I the following statement, prepared by Judge Palmer : Prom the evidence of the amoniit of l..-; insurance on the vessel : Insurance from Cardiff to Cien- fuejfo?— £2,600 or With Belyea & Co «12,000 " D. J. JIuLauifhlin, Jr., ; 3,000 " C. A. Palmer, 2,000 «,j 7,000 Vessel valued at £4,500— *iJ2,000 ■ At risk of owners, $ 5,000 Deduct 1*2,000 Insured on freight with Jarvis to cover advances, 2,000 Uninsured. $ 3,000 Insurance on voyage from Cienfuegos to C; i ^nas : — D. J. McLaughlin, Jr $ .S.OOO A- L. Palmer 3,000 C. A. Palmer 2,000 At ririi $ 8,000 yessel valued at .' ' 22,000 At risk of owners $14,000 Insurance from Cardenas to New York on veiLSf 1, with amount known at '.he time of the loss :— p. J. McLaughlin, Jr. 8 3,000 Advised in England by letter, April 5th, 1879, but not aware if effected at time of loss £2,500— 12,000 $15,000 C. A. Palmer in New York, unknown to Judge Palmer, 4,000 ^19,000 . English valuation of vessel 22,000 At risk of owiers f 3,000 Advances insured wiU» Jarvis, if included ;J3,000 which wuuld m.ako her just covered and no over- insurance. If wholly collected after deducting premiums \.a.\A, owiers would receive *19,000 or $20,000. Besides which the frei^lit waa insured for $5,000, but there would be a small loss to the owners if wholly collected. Amount of premiums paid by Belyeii & Co., |)er their account £104 _^ Other expenses in the account and interest .' 10 £204 Equal to |l,000 Paid Jarvis in all about 160 In New York about 250 I I Amount of premiums . $1,400 SHIP SCUTTLING TRIAL. 171 I loss was i\Ir. Pal- evidence to him to •. Palmer iself to a evidence, L from the and cargo this vessel icea. The >n, and he 8. Palmer, lever made r was their ower to do 1 insurance Lgainst the so on oath, nothing to had shown roceeded to lardiff to Cien- .^n,ooo . 3,000 . 2,000 «i7,000 -$22,000 .g 6,000 2,000 .8 3,000 .8 3,000 3,000 2,000 .» 8,000 22,000 $15,000 4,000 I ^19,000 22,000 |.$ 3,000 _1 and no over- Ive «19,000 or Till loss to tha €204 81,400 Whole amount of insurance received by Judg^o Palmer per Belyea & Co.'s account, after deducting preniiumii and costs of collecting 810,300 But of which he had raid exyienses connected with the wreck, paying' off men and other billg in New York ;} 850 ; Due him for advances ...♦.,.., .v, 3,000 ' $3,850 I • ; • ' |6,450 , Advanceu to D. J. McLaughlin, Jr. 1,200 , . 15,250 which is the whole amount received by Judge Palmer for the loss after paying money paid but. Mr. Kerr continued that he hoped for a verdict of acquittal, and no split of the jury, as the prosecution hoped for. He desired to impress the jury well with the character of the prosecution, and the manner in which they had treated Judge Palmer, for the purpose of avoiding the payment of the insurances which they should have paid to him. Look at the improbabiliiy of the theory that Captain Tower caat away this vessel purposely. Why should he nsk his life at that inclement season of the^year to accomplish such a base purpose ? He road Tower's evidence before the Naval Court giving his reasons why, when he found the vessel was leaking, he found that he was unable to get into Matanzas or Havana The reasons he gave were sound ones, and it was equally true that it was impossible to keep the vessel before the wind, and that if they hatl done so it would have driven her on the Morida shore. He also read and commented on the evidence of Tracey C. Eoberta, given before the Naval Court. This was the man who had disgracefully and dis- honorably kept back the log-book which belonged to the vessel, and was the piroperty of the owners. This man swore that the log-book was in his trunk, and was lost by the upsetting of the boat as they were attempting to land on the Flor- ida shore. This statement was false, but his account of the circumstance of tlie vessel sinking and the abandonmenb of the vessel, corroborated that of the captain, and. seeped to be a natural and true one. It showed very clearly that the aban- donment of the vessel was necessary, and that she could not have been carried into Jacksouville or Brunswick. This man, Ilobei-ts, testified that he was down below hunting for the leak, but could hear nothing, a clear proof that the story told by 1?h9ma8 about holes being bored in tha vessel was wholly false. Roberts also tes- tifies that the vessel went down shortly after they left her. No amount of energy would have saved the vessel ; they were then 300 miles from Cardenas, and 50 miles more from Havana, and 57 miles from the Florida shore, and if she had gone ashore there she would have gone to pieces. This man (Hall) admits he has per- jured himself, and it is a serious reflection on Mr. Cleveland that he should bring forward such evidence against Captain Tower. Hall is paid $35 a month riiid hia board, and brought here lu order to convict Tower. He felt that some steps ought to lie taken for the public safety, and such witnesses as Hall prosecuted for perjury. He looked upon them as objects of extreme danger. No man's rejjutation is safe from their false charges. Hall is the man who swore he did not care whether hia parents were alive or dead — the sort of man they bring forward to testify against Captain Tower. Roberts alleges that in New York tne captain said to him that they mu.st make out as heavy weather as possilde. Was he on such terms with the captain that the latter would likely make such a statement to him ? It is incredible that he wQuld do so. He asked the jury to look at the perjured testi- mony of Thomas ; of Roberts, a notorious perjurer, who acknowledged himself to be a perjurer ; of Hall, which was manifestly false ; and that of Trisinski. He asked how it is that the counsel for the prosecution come forward with such evidence as this, on which to attempt to found a co'.victien ; the evidence of men whf are hired and paid to give this perjured testimony, a proceeding wholly unknown to ciuninal law, and to cases in which the Crown is a party. They were not to try the case of Judge Palmer in this proceeding, but the case of the accused, Captairi Tower, and must not permit their minds to be swayed by extriiisic matter. They must see that the indictment was supported ])y credible testimony. Mr. Ken', continuing his argument, proceeded to read from Russell on Crimes, the punishment of perjury ana the sulwrnation of perju:y. He dwelt on the enoi- mity of the crime, and said that these, in this case, there was not only perjury but subornation of perjury. Was it possible that, after the proceedings oi the Naval Court — after the testimony whicli was taken and the judgment given — the case %^ 172 SHIP SCUTTLING TRIAL. could be opened up again on testimony entirely different from what had been previ- ously given ? He read the finding of the Naval Court, which he conceived placed too severe a censure on the captain, and commented on it. He dwelt particularly on the phrase that, after there was 6 feet of water in the hold and thepumps broken, no further effort was made to keep her afloat. What further etfort, he asked, could be made to save her '! Could they unload the vessel and bail her out ? They found the master wanting in energy and determination in not using more strenuous means to reduce the leak than by a single pump. But what other means could he use ? They say he abandoned her too soon, but he had produced the testimony of men of experience to show that the captain acted prud!ently and rightly and was not bound to go down with his vessel. At 8 p. m. Tuesday, the finding savs, she should have been headed for the shore ; but that was the Florida shore, which she could not have reached within six miles by reason of the shoals and reefs. Yet this finding suggests that the vessel could liave been saved by putting her on a shore which, if she had touched, she would have gone to pieces. The finding also suggest!^ that she might have got into Brunswick, Imt that was impossible, or Jack- sonville, but that harbor had only 8 ft. of water ; or at the worst, said the Naval Court, that she might have been beached and property saved. But where was she to be beached ; on what part of the Florida coast could she have been beached so that property could be saved? And on such reasons as these the captain was adjudged to have been guilty of censure and he was publicly reprimanded. This sentence was grossly unjust and was not in any way supported by the evidence. Ho regretted that Mr. Archibald had passed such a judgment. There was a noble rule in such cases that should have prevented him from delivering an unjust judg- ment. The proceedings before this court were, however, a clear answer to the present case, and even if this was not fio these men, having given their testimony before the Naval Court, when they come forward now and give different evidence and admit that they have perjured themselves before, are not to be believed and their evidence is worthlesss. He referre)\ should be ms^de by a credible, honest man, this inform^^tion of Roberts and Thomas is made by num who have before testified to the direct contrary of their present statements ^\\{\ fe ry of their present statements a\vl Roberts in the information uiul^i who have acknowledged they were under pay. takes to describe what melado is, although he afterwanla had to iidmit that he never saw it. Thomas in his information admits that he oommitted felony, \Vhat ground had Mr. Cleveland for making' such information as to Ida belief ^hat tlie vessel was scuttled. He had no evidence except that before the Na; ai IVmrti, and there was no testimony to support such a charge except Uiat which he himself had corrupted. Thomas, the very man who put himself in jail, is now in jail »inder pay. Is he to remain in jail forever ? He has not yet men arraigned, and is not the whip being held over his head? Is he not being told, "you give good evidence to convict Tower and we'll get you clear." He asked how the prosecu- tion dared use the Queen's name in such a cerrupt j^roceediug. He asked tpe SHIP SCUTTLING TRIAL. 176 leading counsel where tie could find any precedent to warrant him in bringing for- ward sucli a corrupt process ? He contended that thia indictment was not proved at all. With the exception of this wretch's testimony, which is unworthy of be- lief and not to be recei ^ed, there is no proof to sustain the charge that the vessel was cast away felonioualy, but direct evidence to the contrary. They have got to make out tlie intent cliarged, and having failed to do this, their whole case goes entirely overboard. To sustain the indictment Tower would have to be identified with the boring of thosf holes which it is charged sank the ship. But this has not been done. This case, ihcrefore, has failed entirely. The only evidence against Tower is Thomas' unsupported testimony, contradicted by himself and by every rational mind, and wlumy disproved. He asked for an acquittal on the ground that these people liad oeen bribed, and also on the ground that the proceedings be- ior^. the Naval Court were conclusive and a bar to the present proceedings. The proceedings liefore the Naval Court were not preliminary, but final. The Naval Court had the power to censure and therefore the power to protect and save. He fclosed by heartily thanking tho jury for the attention they had given to the case. He thanked Heaven that his btrength had carried him through this most laborious and important case. Lord Mansfield had said that human justice must be drawn from pure fountains. You mudt have aii uncorrupted judge, an uncorrupted jury and uncorrupted witnesses. Without these justice was a sham and a farce. The law prefers tliat 99 guilty men should escape rather than one innocent man should suffer. If there be a doubt in the evidence it shall go in the prisoner's favqr. ; The law provider that the evidence of an accomplice shall not be taken unless cor- roborated, and that the testimony of corrupted witnesses shall go for nothing. Applying these principles to this case, and also the principle that a man should not be tried twice for the same ofifence, the prisoner wai entitled to a verdict of acquittal. Where was the credible, pure and unadulterated testimony against this man ? No, the evidence against him was incredible, impure, and batl. It was the evidence of men who had falsified themsfilves fcr pay and for bribes, and it would be a disgrace to any British tribunal to hazard any man's life and liberty on such testimony. He left the case with [them with the utmost confidence, not on^v of a verdict, but a ijuick one — a full verdict of acquittal. Mr. Thomson then commenced his address to the jury, and said that a more extraordinary speech than that of Mr. Kerr's he had never heard. It was made up of a liifcvss of ignorance and blasphemy, and charges of perjury launched at the heads of irjiocent witnesses. They had the highest .mthonty for saying that they could not hc.ve blessings and curses from the same mouth. Why did he not use charity and say that he could not enter into the secrets of these men's minds and discover the reasons for their testimony. He has in tliis case thought proper to })our but a heap of abuse against Mr. Cleveland. Vl'^ould they believe that a man ike Mr, Cleveland would i)erjure himself or induce others to perjure themselves ? As to the charge of bribery by Mr. Cleveland, he found these men out of the juris- diction of this court, ami found that he was not able to get them here unless they were paid for their time. They had seen Cleveland's letters to the witnesses ; was there one word in them that was not proper to be written to a witness ? He only asked the vtitnesses to tell the truth. Mr. Kerr has said it was an improper mode of urooeediug to bring witnesses into court ami pay them If he meant that they \\ eVe bribed, it was false, as false as i«ell ! He said that in England in every case the practice was that the party privately injured was the real prosecutor. Take the T hbome case; m that case the (lovemment took hold oi the matter and lu-ought witnesses from all parts of the world and paid them, and it cost the Government nearly a million. What has been done here by these insurance com- panies is done in England when the Government takes hold of the matter, only in that case the Government pays for the prosecution. The expenses of this case came out of the insurance companies, and even if they succeeded it would cost them $10,000 or more, which was all that they had at lisk with Mr. Palmer. Therefore it was absurd to say that they had brought this prosecution to defend tlie action against them by Judge Palmer. The companies were determLued to carry this matter to the very end, so that if Tower was not convicted, owing to a disagree- ment of the jury, he would be tried again and again until a verdict was obtained, and the city of St, John vindicated or disgraced. Mr. Kerr charges the prosecu- tion with drilling the wituesaes ; such a charge as that is as false and as bad as the 176 SHIP SCUTTLING TRIAL. heart that marie it. The statement that Tliomaa hnd been drilled to make this statement about the insurance and Tower's knowledge of them after the Judge had excluded evidence of the insurance policies, could not have been correct, for in the meantime Mr. Cleveland was not allowed to see the witness, Thomas. As to the remark that tvidonce iiad oeen given in this court which had not been given in the Police Court, there was nothing remarkable in that, for the witnesses had not been cross-examined at all. It was said that Mr. Palmer was on trial in this suit, and that we were anxious to Ket a blow at him. No man could l>e treated more fairly than Judge Palmer had been treated by the prosecution. He thought he could ■how that the evidence of Judee Palmer was, to say the least, unsatisfactory. How does .Judge Palmer contradict Thomas ? whether Tower told a lie — that is behind the question. In fact it is bo that the vessel was insured for three times its value. Jiidgc Palmer has not trusted Mr. Kerr to put the case before the jury ; he has found it necessary to make a statement of insurances on paper. It is alleged the vessel was scuttled and burned ; l>oth these facts have been proved. There was little in the evidence he could conscientiously point out as given in favor of the de- fence. It is as much the duty of the Crown to prove the accused innocent as guilty. The evidence of Mr. Schofield and Mr. Stewart have valued such a vessel as the Brothers' Pride at $t5,000, and Mr. I^ockhart has, in placing the value at the high- est price, not advanced on that amount. He referred to Mr. Vaughan's evidence which he did not dispute. Judge Palmer says he did not know the insurance was on the vessel when she left CardiiT. But he has hardly placed the matter of insur- auces in as candid a manner as required. There is the positive evidence of C. A. Palmer that there was no insurance on the vessel when she went ashore at Liver- pool. Judge Palmer said there was an agreement between him and the Oultons' creditors at the time of the purchase of the fleet of ships to keep them insured. Mr. Thomson did not think this, however, at least as legal counsel he had consid- erable to do with the Oulton estate and never knew anything of such an agree- meent. He would not have Tower convicted if he was not guilty, but if guilty he should not be allowed to sail out of this port unfettered. Men never commit high crimes of this kind without a motive. Judge Palmer says he could not have known about the insurances. He is not apparently candid, and Mr. Thomson pro- ceeded to show that Judge Palmer did know about the insurances. Judge Palmer is a man of extraordinary ability, which would have gained for him a higher jMsi- tion in this country had his ability been well directed. Had Judge Palmer wanted the correspondence between Belyea & (^., he had ample time to get it, and when his reputation was attacked, why did he not immediately write out to Belyea & Co. and produce all correspondence ? Mr. Thomson then referred to the missing letter of Nov. 15, 1879, and claimed it had not been looked for ; at least no special effort been made to find it. He then referred to the accounts of Belyea & Co. In one account mention had been made of a cablegram that Judge Palmer, when asked, hail failed to produce. On the 6th of January, 1879, the vessel at Cardiff was ready for sea. Could not Capt. Tower have been informed of the insurance then? He would like to have seen the letter of Nov., 1879, ordering insurance. it was a signific&nt fact that the insurances were effected in such small amounts. If sho had oeen lost the owners knew that it woiiM i>ost nlore than the risk to diamite the amount if any fraud were exploded. That letter is not here. The slightest hint from Belyea k Co. to the captain about insurances would be suffi- cient. H\\B was insured for £2,000, and her valuation he liaefore reaching Cardenas, it is probable tiie captain was weighing the destruction of her in his mind, he, perhaps having pre\ iously made arrangements with Washington & Co. or Reyes & Co. about the cargo, and Judge Palmer puts it strongly that if she was lost then, he would have had no insurance. This, he held, was not very ingenuous ; and wo have Mr. Palmer's letter of the 5th to Belyeato have the cleviation to Cardenas put in the insuiance policy ; so, in fact, there was insurance. Who doubted that Palmer did not tele- graph to Belyea to get pennission in the policy to touch at Cardenas ; but even if he had mailed a letter it would have been in time. He felt bound in fairness to Captain Tower to say that in his mind there was not much importance to be attached to his nearly running the vessel on a ree^ then. Roused out of his sleep the cap- tain in his excitement and bewilderment might well have said, "I wish she had gone on the reef ;" and he might have said it out of remorse after his corrupt bar^in with Reyes or Washington & Co., about the cargo. Judge Palmer need not Know that ; for that may be a private little venture of the captain's. Lying in Cardenas harbor, it was shown that the captain took Thomas ashore with him repeatedly. He bought an auger while there, and takes it al)oard. But then comes a most remarkaole circumstance to which great weight ought to be attached. He, Thomas, took his trunk and put it aboard the " T. C. Jones" to send lio New SI' ',;/ tl I." 12 178 SHIP BOUTTLINC TRIAL. •I ■i "^'ork. It was safely carried to New York, ami from thtro Thonuw brouulit it down to Tower's liouse, oi»ened it, and gave Mrs. Tower a cruet stand. Ilall corrobor ated tlio story that the caotain sold an overcoat and a trunk to the steward ami pocketed the money, another fact worth looking at, Tower evidently wanting to raise as mucli cash as iKiHsihle, knowing if the vessel went down he would lose the ■■vearing apparel, This was a good dodge for the captain, but unfavorable to the purchaaerij. Captain Simpson said that no prudent shipmaster would go to sea without knowing the weight of his cargo, and it was not probable that Tower would Iiave gone to sea without knowing what he was carrying. He dwelt on the reason there was to believe tliat Ca})tain Tower had iixiuired wiiat liis cargo was, and that he must have known that those 863 casks were a heavy weight as they were about 1,900 or l,9r)0 lbs. each, and for this the captain had signed a bill of lading and a charter party. Mr. Kerr had a peculiar way of treating this case, and it would bo impossible for him (Thomson) to show by authorit' s that Mr. Kerr's points were all absurd because the writera did not deal wi+!i iictitious or impro1)able and imjiossible cases. Mr. Kerr had lirst called the Naval Court judgment a bar to all future proceedings, and in the next breath said it was not wortii the paper it was written on. Mr. Kerr said the captain did r.ot sign the charter party, but it was unfortunate that Avheu on the stand, Mr. Charles Palmer refused to give a true copy or origiiial of the charter party, and had denied that the weights and number of casks were in it. It Avas on apuce with thi^ whole trans-.ction ; when it suited the Palmei-8 to brin^ in papers they did so ; when :♦• suit*"', ^nem to withhold papers they dill so ; when it was expedient to connnit papers to the flames they did so. He believed Mr. Charles Palmer had that charter party in his possession, and has it now. The captain had the charter party, anekH between every lA feet or more. To the (picntion, why did ymi not bore thoni right along, Thomas had saiil there was not room between tho tiii'.bera ; yet he is assailed as a \%i />% 1.0 I.I 1.25 « 'U 112.2 li l«l 2.0 M, IIM 0-- V] <% ■ ^^ e. ^ .^ "T J^ WJ^' / O 7 Photographic Sciences Corporation 2? WIFST MAIN STREET WEBST'" N.Y /4S80 (716) 872-4503 &• ^ !«.':••» •■ 180 SHIP SCUTTLING TRIAL. have taken one course or the other, and when they state it is right to fire a vessel, they admit that the captain did set Sre to her. Yet the captain says not a word of the firing to Mr. Hughes or Consul Archibald ! Is this the conduct of an honest man ? Then Tower swears he does not keep an official log. Tower's own story is put in evidence and it shows that they played around the vessel for five or six hours that morning, and then sent men to sink here. No concealment there ; they Iwre holes, try to sink her and can't, so they set fire to her. And then they get away safely, more than Tower deserved, or for that matter Thomas either. It had been charged there was no corroborative evidence that Tower was guilty, and he would deal with that. First, there was the unusual intimacy of the captain with Thomas ; and then when he got to Titusville to make his protest he took, not the first mate, bwt the second mate, Thomas, When the enquiry is over in New York, he takes Thomas down to St. John to his own house and writes letters he could not send tha money to him to Nova Scotia, saying he could not get the money from Palmer. These letters Thomas destroyed but McNeill had corroborated this, swear- ing he read the letters. Why would Tower write letters to the man to whom he did not owe anything. A letter of Jan. 1880, from Tower to Thomas said, (after he knew he would be arrested) "please come over to St. John at once as I want Jrou — expenses will be notliing as you need not stay on shore." Why were these etters written unless Thomas had gome secret hold on him ? Before they left the vessel ^at all, Thomas says Towei went doMii and broke the bulkhead through the lazarette and got at the hold in that way, to escape the eyes of the man at the wheel. Two men saw them together in this water closet. This was corroborative testimony. They had no business there together except for some improper purpose and that was breaking through the bulkhead. Trisinski corroborated the sound of boring and he says the whole thing came back to him as a flash, also the words he had heard from stevedores as to where the vessel was going. This vdtness had been put in irons and it is corroborative of his story thai he tore a leaf out of the log book at Cape Camaveral, to conceal the record of his punishment, but it was to be noted that he had left the page containing a memorandum of his release, which he would doubtless have torn out had he seen it. Passing on, Mr, Thomson described the manner of making protests generally, and remarked that in the case before Notary Hughes the captain would pay no wages till the men had signed the protest. The counsel then read the protest, comparing its several items with the entries in the log book of corresponding dates. It was noticeable that when the storm went down the vessel began to leak more, also that the protest contained no word about the pump breaking then, and that she had 12 feet of water in her hold at 5 "v, m., with 740 tons of cargo in a 400 ton vessel. He argued that Tower left out the br3aking of the pump then, so as to deceive the Naval Court, changing it till 6 p. m. Tower was the man who not only swore to i*' but concocted it. As words fell from his lips they were taken down by Mr, Hughes, yet Tower was tho man who had instructed his counsel to accuse these poor sailors of perjury ; Tower, who had twice committed perjury ; before Mr, Hughes and before the Naval Court,. Continuing the protest, Mr, Thomson read "she went down," and contrasted that statement with the story that she had been burned, and which, he said, an honest man would have included in his protest. From this Mr, Thomson turned to the proceedii.gs before the Naval Court, reading Tower's evidence and commenting on it. In it Tower swore ae did not recollect the weight of the cargo, an admission that he hod once known it. He put the several statements therein contained against those made before Mr, Hughes, and then argued that if there was any tib oniation of perjcry before the Notary it was Captain Tower who was guilty of it by holding back the men's pay until they had made oath to it. He pointed out that for an hour the captain stood in the outer hall and asked each man as he went in to make the weather as stormy as possible and not to allude to the iire. Who cor- rupted this young man Thomas and led him from the paths of i-ectitude ? Williara H. Tower. And yet it is Mr. Tower's counsel who is casting wholesale charges of perjury against the Crown witnesses. Thomas has had the grace to come forward and confess these perjuries. He contended that Thomas had been corroborated in every point as much as such testimony could be corroborated. Thomas said that Tower told him that Judge Ptdmer was going to build another vessel for him and Judge Palmer never denied that. He (Tliomson) thought if aU the insurances had been promptly paid the vessel would have been built. Mr. Thomson then went on I;' SHIP SCUTTLING TRIAL. 181 f to refer to Tower not having gone to sea since, to his having spent a large sum, aome $2,000, on his house. Tower was getting $60 or $70 a month and it was not usual for a man to lay up a large sum of money on that. He not only i)aid off a mortgage, but repaired hit houss. Then a draft of May 2nd had been drawn at Cardenas in favor of Mrs. Tower for $913.25 by Rojas & Cc, the very last day Tower was on shore. What in the name of heaven liad these gentlemen to do with Mrs. Mary A. Tower ? It was intended that Tower would ship a 'jog\is cargo, to go down, and these gentlemen had to pay for corrupting Tower, ho could understand this transaction ! At that time Tower wrote to Palmer $300 was due him and that was all ! Tower might have private means, but Cuba would be the last place for a St. John man to invest it in. He had listened for the counsel for the defence to put forward some theory to cover this ; but not a suggestion had they to throw out, not even a letter from Cuba ! Clearly Tower looked on this mowey as his own, as he took it afterwards. Was not this most damning testimony ? Next in order of time comes Captain Tower himself, who attempted to negotiate a draft of $3,700 in the Maritime Bank, on the 17th June, just three days after the $3S,000 had been Said for insurance on the cargo. The draft was signed by Louis, Roderigo & Co., rawn ou Mooney & Co., of New York. On this $500 was paid by Captain Tower when it was brought in, and the draft was returned unaccepted and he paid back the money. The fact that this draft is not produced now by Captain Tower shows that he has got the money for it. Where is that draft or where is the excuse for it being gone ? What has he done to obtain this large sum ? In August he goes into the Bank of New Bniuswick with a $3,000 draft drawn by Mendoza & Co., on a banker in New York and endorsed by J. M. Reyes and by Tower. This man Reyes was a member of the firm of Washington & Co., of Cardenas, the shippers of this melado. How did Reyes get his name on a draft for $3,0CO in favor of Tower. Here we have drafts to the amount of nearly $8,000 in all paid to Captain Tower, and for what was this money paid ? This draft was presented at the Bank of New Bnuiswick early in August and they sent it to their agents in New York and col- lected it, ajid this money was placed to the credit of Captain Tower. The l)alance of that money was drawn out by Mrs. Tower, finally, on the 13th March. There- fore, as the wages of his iniquity the sum of nearly $8,000 was paid to Captain Tov/er. And this money comes from Cuba at the time this cargo has been shipped. What exi^lanation had been given of this transaction ? AVe had shown this cargo consisted of casks filled with dirty water. They have taken no step to disprove that this was the nature of the cargo. But Mr. Kerr stands on the contention that the captain was not bound to know what sort of a cargo he was carrying, as the bill of lading said ' ' weight and contents unknown. " The stevedores at Cardenas called the Brothers' Pride not by her name, but ' ' the water barque, " so notorious was the fact that this vessel was loaded with dirty wat'^r. This was the testimony of Melian who saw the cargo stowed. He charged Mr. Kerr wita gross unfairness to the witness Melian, and said since the trial opened Mr. Kerr had attacked every witness and even insulted the Judge on the boixch. Mr. Cleveland fortunately knew Mr. Kerr's disposition, and paid no attention to his repeated insults. Returnirg to his argumont, Mr. Thomson said the defence had gone to great pains to call witnesses to show that melado settled on one side of the cask and rol.'jd unevenly, but he argued that the same effect would be produced by half filling a cask with water. In dwelling on the drafts proved to have been sent by Tower, he said that eight da^s after the drafts were dated at Car- denas tiiey were in Tower's hand, and this was good evidence that had Tower wished to do bo he could have got witnesses here in his behalf since the trial began. This draft was drawn by Reyes and endorsed by Yannea, "pay toCapt. Tower on account." On what account in heaven's sake was that ! Why were not Reyes and Yannes put CD the stand ? How could the Crown give stronger evidence on this point, unless they had a witness who heard the conversation ? Yannes was not a banker, but a ship broker ; although it had been shown that fiva years ago Yannes was a dance hail keeper. How could Tower's money be in those people's hands ezcept upon the pre- sumption that Tower was a party in the agreement to scuttle the vessel. Trisinski had been attacked by Mr. Kerr as a perjurer ; but this witness says he was not sworn to the protest, though Hughes contradicts him. Recollect, Hughes is a broker for shipowners and does Nevius & Sou's business. There was a laxity of rules in taking 182 SUrP SCUTTLING TRIAL. protests, and -each man is not sworn separately. Hughes should have examined each man separately, and prepared the protest from what he gathered from all. There was no more dangerous class of testimony used in courts than affidavits, and this protest c&me under that head. Trisinski was just learning English and did not know the force of the English language. It was evident he did not consider he was taking an oath before Hughes, because, when asked to go before the Consul, he refused ; he would not face tho formality of an oath and swear to a lie, and he so told the captain. What did Trisinski mean when he said he would not swear unless the firing of the ship was included ? Did he not mean he would not swear to a lie ? Tell me that man had not a conscience ? He says he never swore to the statement before Huehes, and though the captain laughed at him, he refused to go before the British Consul and swear to a lie. Roberts did not stand particularly well, as he swore the log book was lost, and it fs obvious Roberts was saying what was untrue when lie swore to the loss of the log book. Roberts had no object to this, but who induced him to sup- pose it ? It was W. H. Tower, who himself must have seen the log lying upon the trunk on the beach at Florida. But it is for the jury to consider who corrupted him, if it was not Tower, who also corrupted Thomas. It was Tower beyond doubt, yet he pays his counsel to abuse these men. Mr. Thomson argued that Ccpt. Tower knew the log book was not lost, and that it was in his benefit the men swore it was lost. It was part of the fraud for Roberts and Thomas to swear as they did and con- ceal the felony, an offence which the captain told Thomas would lead to transporta- tion for 1 4 years. The man who made the bargain to bore the ve.ssel would make an additional bargain to swear false — lie about it- Thomas told lies before the Naval Court, and who suborned him to do it ? William H. Tower, by whom the subom- Btion was done in '•Tew York. He, to make a dupe of that young roan and rob him of his character. And it came with an ill grace for his counsel to shower abuse on the young lad who he found innocent and a pliant tool in his hands and left almost a convicted felon ! Reading the Naval Court evidence, Mr. Thomson asked if the jury could believe that only the light sails were furled when a heavy gale was blow- ing and the vessel straining greatly ? He believed they would look on this as in keeping with the rest of the testimony, and like what Thonias describes the vessel 88 going down, or as he says, " chucked herself right down," when they were only an hour and a half off in the beats. He said this because he was instructed to do so by the man in the dock. [Mr. Kerr — we deny it.] Of course you deny it, said Mr, Thomson. It is your policy to deny it. Proceeding, the counsel said all these state- ments were dictated by Capt. Tower, who gave the boatswain money at New York, an act for which Capt. Tower has, by the finding of the Naval Court been reprimand- ed. He read Hall's testimony before the Naval Court, commenting on it and show- ing that he had gone further than the rest and made even Monday stormy in hig effort to please the captain, and that he also swore the vessel went right down with all sails standing. Yet Hall was the very man who fired her. Mr. Thomson then took up Jerry Spline's evidence and went over it item by item, dwelling on the points wherein it was at variance with what his companions had sworn before the same court. He swore they broke the pump on Tuesday morning, and not as Tower put it, late Tuesday night after midnight. Jerry, though he wanted to do all he could for the captain, would not swear he saw her go down, but got out of it by swearing she went out of sight. It should not be torgotten that this was not Crown testimony, but evidence put in by the defence, who were therefore bound by it. Mr. Kerr had first sought to show that it was all false, and then to show that the judgment of that court should act as an estoppal to the present trial. He (Thom- son) had never heard such a defence before, nor any such nonsensical contentions as those put forth by Mr. Kerr during the progress of the trial. The only man who would not lie for Tower was honest John Trisinski. The counsel then passed com- ment upon the finding, which was, he said, a well deserved censure upon the man in the dock. Can any other conclusion bo come to than that Tower ordered the scut- tling to be done ? The counsel then called attention to the extraordinary lines of defence set up from time to time and successively abandoned. First Mr. Kerr had sought to show that she was a weak vessel, but he forgot if that was so it would prove she was over-insured. Mr. Palmer had sworn to the amount he had expended on the Brothers' Pride, and thus knocked to the winds Mr. Kerr's contention. ^7-M '■' ' S SHIP SCUTTLING TRIAL. 183 Though the evidence was clear and conclusive that she had been copiiered in 1878 and examir.8d by the captain at Cardiff and her topsails repaired a'ju caulked, yet Mr. Kerr tned to make the jury believe the leak was occasioned by worms. Tlien he abandoned that and tried to make out that coal dust had worked into the seams. Next he tried to argue that the water closet pipe was stove in, because he heard it was the case with another vessel, and that it must be the inevitable tendency of water closet pipes to break on shipboard. About these worms he said nothing in his long, random spsech. (Mr. Kerr. — I left that for His Honor.) Mr. Thomson — I suppose he has concluded that the worms have dropped off by this time. Lastly he tried rats, but gave that up quick because one of his own witnesses said if it wae genuine melado it would kill even the rats. Charles Palmer wra as excited €s pos- sible when pui on the stand, and said he had indemnified the bail. If he had no- thing to do wth the affair why does he protect the accused ? This shows more than an ordinarv interest, and for innocent jjccple places them in a very extraordinary position. The men who brought forward the statement that the air-streak was above the load line knew better. It is a mathematical certainty the air-streak was not where the defence claim it was. Mr. Kerr knew nothing about it, that was plain ; at least no more than I did. [Mr. Kerr — a little more than you did.] Mr. Thom- son proceeding said it was an extraordinary circumstance tbai: Ches. Palmer had en- deavored to show that the air-streak was above the water when loaded, when he knew better. He knew it better than Mr. Kerr did, and his father knew it well too; Could anything be worse than that 1 He looked at it as one of the worst features in the case, and men who would try to deceive the jury in this respect must have very bad or very good reasons for doing it. Tne counsel then took up Mr. Murdoch's evidence on hydrostatics and pointed out that he had not attempted to show how the rolling of th? ship or the placing of oakum in the holes would affect his calculations. No other \ itnesc had attempted to do this, and thus fell to pieces this wonderful part of the defence. Turning to the cargo, Mr. Thorn Pigued that it had been shown that she had 727 tons on board, figuring melado at j.ciOO tons per cask, as put by Melien, or 762 tons as based on Be^te's estimate on the weight of a cask at 1,950 lbs. With this weight she could not have got over the bar, but would have gone down like a stone. Ricardo Acosta had made a statement before the Naval Court, not under oath, putting the melado at 1,600 lbs. per cask each, net, but the invoice gave a much larger weight, and jScosta knew the weigh;, set down in the invoice. He thought Mr. Kerr a bold man to call attention to this portion of the Naval Court proceedings, and he reminded Mr. Kerr that Acosta's statement was not sworn to. He could not pass over the mode in which questions were put to some witnesses for the defence, but he would not waste time over the insults offered the Crown wit- nesses. He would not make any comment upon the way Mr. Kerr insulted the witnesses in the dock. The case should have been finished in 10 days if conducted by proper counsel. After pointing out that no man knew the law and practice of insurance better than Judge Palmer, he took up the statement submitted by Judge Palmer. Mr. Palmer had valued the vessel at $22,000, the English valuation, when in fact there was only a $16,000 valuation in the policies on this side, and he would show that this was done to deceive the Great Western. On the vessel from Cardenas to^ew York, there was $19,000, or only $3,000 at the risk of the owners. There was also $5,000 on freight, but he would call their attention to it b)' and by. In the early part of January, 1879, Judge Palmer knew the vessel was amply insured ; that a large portion was made in December, and that .is to its insurance in January, there was a cablegram and telegi~5im relating to it between Belyea and some one in England, presumably the captain, lilr. Palmer knew as early as March 26 that the voyage would be altered, and were uot cablegrams and telegrams sent to England to get this insurance altered ? It was a sufficient fact that this insurance was put on in small . sums, and that Belyea employed two brokers to put on the insurance instead of one person. [Mr. Kerr — those policies were not proved. — The Court — that is correct.] Well, I put the policies in Judge Palmer's hand, and he had no opinion to pass on them. Mr. Kerr says these were blank papers, but they bore the revenue stamp and had the receipts endorsed thereon, yet Judge Palm»-r had the hardihood to say he had no opinion thereon. That is one of the bad features in the case. Mr. Pal- mer came here to make his own statement public, and he was allowed to do so i 1 184 SHIP SCUTTLING TRIAL. in Lis own way. Mr. Thotrson thought Judge Palmer would be the last man to cast doubt upon these policies and to deny them. There was something wrong when he denied them. English companies do not pay money for nothing. If Judge Palmer's statement as to ;£400 on hi}ll and jfSCO on freight is true, then have Belyea k Co. been ^iiilty of gambling on the vessel ? He did not know the standing of the firm, but io two months the evidence would get home, and Belyea and Pal- mer would be brought face to face with each other. He did not know how it would come out, but if Belyea & Co. were guilty they were worthy agents of such persons and competent to instruct the captain to scuttle the vessel. Judge Palmer tiaid the insurance of ^5400 would end at Cienfuegos.. He regretted to have to iihow the jury^hat that statement did not bear on its face the evidence of veracity. Mr. Thomson ihen took Belyea's account current ard pointed out to the jury the several items touching the insurance and t!^at the rate of G guineas was charged on the round voyage. The freight would end at Cienfuegos, but the vessel's insurance did not. He affirmed that the ditto marks on which Judge Palmer based this statement were not part of the original account, were made in different ink and were not like the 96 other ditto marks scattered through all the accounts. (Here Mr. Thomson laid all the accounts from Belyea before the jury and asked them to compare the ditto marks in them with the one on which Judge Palmer based his statement that the vessel's insurance terminated at Cienfuegos instead of being for the round voy- age.) Not only is it a single mark, but it is made in different ink, and he asked the jury, each one of them, to look at the marks with a magnifying glass, f After the jury had done so the papers were inspected by His Honor.) Mr. Kerr asked His Honor to point out what the dots were, and held that it was new matter which had not been touched on before. He was not disposed to let untruth pass at any stiige, and he wished to have the evidence read og. this point if any had been given, which he denied. His Hanor found on his notes that Mr. Palmer swore that he thought this insur- ance stopped at Cienfuegos, Mr. Thomson said Mr. Palmer also said he was further confirmed by those "ditto " marks, and those ditto marks, if placed there since, would confirm his statements, provided the jury believed them to be true. Mr. Thomson pointed out that the largest amount charged for the round voyage was 8 guineas, and that knowing this Palmer could not have thought the insurance stopped at Cardenas. He had shown these marks were not genuine, and the evidence was as strong as holy writ that fraud had been perpetrated by some one. He called the jury's attention to the shape of these two ditto marks as compared with all others in the account. Resuming, Mr. Thomson asked the jury to bear with him while he pointed out the insurance on her from Cardiff to Cienfuegos. He would not put the vessel at $22,000, as Mr. Palmer had, for that was an excessive value. Belyea & Co. had gone to vao^ous insurance companies in England and effected insurance. Mr, Kerr objected that there was no evidence in this. His Honor said that Mr. Palmer's knowledge of the insurance appeared to be gathered from the accounts. Mr. Thomson argued that he had put the policies in Mr. Palmer's hands and asked him relative to the insurance. After Mr. Kerr had replied the Court said ho would read Judge Palmer's evidence to the jury and instruct them what he thought was and was not proved. Resuming his speech, Mr. Thomson, after stating that he would put the value of the vessel at $10,000 as given by Mr. Lockhart and "^he highest sum named by any Crown witness, read the following statement of insurances : From Cardiff to Cienfuegos on ship :— Enailisli, £2,900, all paid, or, 814,^ Great Western 5,000 dI9 500 Value of ship lo'.OOO Over insurance on ship 9 0,600 SHIP SCUTTLING TRIAL. 185 to be and ^ceto Uing bel at Iness, On freight, English, £9^, 8tg., or $1,250.00 Anchor and Orient 2,000. 00 ^ :■ >v(,', ,'-;..,,v ;' t ;-i ';,),■'•., .:*;•-!;» $3,2fi0.00 Possible Freight— 517 tons coal @ lOs. per ton 1,292.60 «1,967.50 Of this freight of 81202.50, one third was drawn at Cardiff, leaving risk 861.67 u Insurance on freight $3,260.00 Actual over-insurance on freight $2,388.33 p over-insured $9,500.00 reight over-insured 2,388.33 Total over-insurance on vessel and freight from Cardiff to Clenfuegos $ll,a«,33 From Clenfuegos to Cardenas, on ship, English £2,900 stg., all paid, or 14,.5OO.0O Great Western 5,000.00 Anchor and Orient 3,000.00 $22,500.00 Value of vesM. 10,000.00 Over-insured v* $12,500.00 On freight, English, £.S0O, stg., or 1,500.00 Great Western 5,0iJ(/.00 Insurance Co. of North America 2,000. 0<) -.^■f.".; Total on freight $ 8,600.00 From Cardenas to New York, on ship, English, £2900, stg., all paid $14,500.00 Great Western 5000.00 Anchor and Orient 3,000.00 New England Mutual Insurance Co 2,000.00 ' ''';• '•■'' '• ' ■• : - '^-^^ ' -',■■/■■ "^ '■'^:''- :■'■'-' >p-^:i. $24,600.00 .ni r ,,:* Value of vessel : 10,000.00 Over-hisured $14,500.00 On freight : Great Western, $ 5,000.00 Engliph £300, or 1,500.00 Insurance Co. North America 2,000.00 •;■'''■' - ■ ' ^•"^>:^'- §8,500.00 1 Could have earned by safe arrival at Now York $4,630.75 I Over-insurance on freight, f $3,969.25 Total over-insurance on voyage whftn lost : — vessel $14,500.00 Freight 3,960. 25 Total $18,469.25 Let US see if Judge Palmer believed there was anything wrong ? He gets leuters from Belyea, but leaves out an important letter, neither by draft or original, nor is the draft shown to be lost. He had called for accounts of the Brothers' Pride " piior to Oct., 1878, to show she was a paying ship ; but Palmer refused to produce them. If he came as a witness at all he should not have hesitated to produce any papera touching this serious charge, or else he should have stood on his high character in the community and scorned the slanders. But if he admits his charac- ter is such as can be affected by the breath of suspicion from the captain and the boy Thomas, he should have gone freely and fully into the entire transaction. There is no middle course to pursue. Mr. Thomson then showed that the telegrams and the letter of Jan. 9 ordering insurance from Belyea were not produced ; that Belyea said there was another .€100 added in January, and asked where was the letter ordering that to be done ? The accounts of December 31st ha,d not been pro- duced, the cablegram of January 4th and telegrams of January 9th, etc., not pro- duced, in fact of all Belyea's letters of 1878 only two were produced. The letter from Tower, of January 5th, 1879, referring to accounts, is not produced ; and the cablegram from Cuba, to Palmer, was not produced ; was it not extraordinary in this enquiry the most important letters were missing? He read Palmer's letter to Tower of January, answering his from Clenfuegos, and ^ked why that letter of fe- 186 SHIP SCUTTLING TRIAL. Tower's showing the original contract about freight, was not put in eviuba for another paying freight." Palmer writes "the voyage can be made quick to Ireland in the spnng of the year. " Mr. Thomson argued it would be well in the summer before she could get to .St. .John, and if he M'as disposed to be severe on Judge Palmer he might surmise the letter was an afterthought, made since the loss. He further criticised the construction of the letter as highly suspicious, and asked where was the letter that sent Palmer the freight ? Did it come to Mrs. Tower? Two-thirds of it not accounted for! Not a hint that it ever reached Judge Palmer's hands ! This was a circumstance the jury should weigh carefully. He read Tower's answer of the I7th to Palmer's letter of the 5th, in which he st'.ted he was to go to Philadelphia, Baltimore or New York. How happens this to bo written on April 17th, and how did the Palmers know to insure in New York ! It was ctrange, if these were genuine letters, that Tower did not even thank Palmer for ])aying the money to his wife. He had shown that Tower had the charter party and shipping papers, yet they had been kei)t away. The n:o8t important letters happened to be missing, lost or burnt — a (jueer fact. Why were the letters lost aboard the vessel ? Do you believe they were lost ? There were lots of time, play- ing about her in boats for the bt'^t part of a day, to secure the letters. This is a curious fact. Anotlier extraordinary fact was the account Mr. Palmer gave of the transaction between him and Ranney. Mr. Palmer admitted that he put a devia- tion clause in the application, yet he got his policy without this de\'iation clause. All he had to do was to say to Ranney, if the vessel was lost, you gave me insurance on the basis of my application ; make good the loss. But Mr. Palmer tells Mr. Ja^^•is that that policy was void ; yet after the vessel was lost, Le giveu Eanney a notice of abandonment and follow it up with a proof of the loss. Here it rested till this trial was begun, when Mr. Ranney asks him to declare the policy at an end. Mr. Palmer says this was done at Mr. Ranney's request. What interest had Mr. Ranney in it ? This was a most extraordinary course for Judge Palmer to pursue. It was curious that Chas Palmer, who was only a puppit in the ownership, should make insurance without his father's knowledge ; an insurance of $5,000, yet Mr. Palmer afterwards said that he thought if the New York insurance failed, Mr. Ranney would pay ! What right had he to think that Nevius & Son had not made a good and valid policj ? And would he not have held Nevius responsible ? This was a lame, a very lame statement for a man like Judge Palmer to make ! Could such conduct as that bear the light of day on it ? On the stand, Mr. Palmer told that he explained all his English insurance fairly and honorably to Mr. Ranney and Mr. Jarvis, but ou the stand, Mr. Jarvis flatly contradicted it, saying Mr. Palmer told him the vessel generally ran ^vithout insurance. It was for the jury to deter- mine as to the credibility of these two witnesses. Mr. Thomson said there was $2,000 to come off and it left $16,469.25 over insurance. Take off $1,500 on freight and it left $14,969 over insurance. There could not be the shadow of a doubt about this, calculating on the basis of the liighest valuation of the value of the Brothers' Pride, that of Mr. Alex. Lockhart, made on the witness stand. It was idle to say this was not a circumstance that should weigh heavily on the jury's mind. This comnmnity depended largly upon its shipping for its prosperity and if scuttling was to be winked at, then our ship owners would find it utterly impossi- ble to get their vessels insured at all, or at a ruinously high rate at the most. He then returned to the contradiction between Mr. Jarvi^ and Mr. Palmer's testimony as to their conversation, and asked which the jury would believe ? Mr. Javis had nothing to gain or lose by the trial ; while Mr. Palmer's reputation was at stake. He had Mr. Loughead's express denial that any conversation took place between him and Mr. Palmer. Mr. Chas. Palmer while ou the stand volunteered the state- ment that he had kept nothing back from Mr. Jauvis. Mr. Thomson then went on to point out the contradictions between Mr. Jarvis and Mr. C. Palmer's statements as to what took place between them. Mr. Jarvis stated that he put a number of interrogivtories to Chas. Palmer, by instruction of the solicitor of the company, the answers of which he put down as Palmer made them. Jarvis stated that C. A.^ SHIP SCUTTLING TRIAL. 187 !? He in fact papers ballast wd Mr. lie back e made be well 3 severe nee the )us, and to Mrs. reached irefuUy. le sti'.ted lis to bo jrk ! It ; Palmer :er party it letters ters lost ne, play- This is a ,ve of the ; a devia- )n clause, insurance At. Jarvis ^ a notice \ till this md. Mr. had Mr. pursue, p, should yet Mr. iled, Mr. inot made le ? This ! Could ,mer told mney and Palmer to deter- jhere was m freight a doubt le of the It was [he jury's ity and if impossi- lost. He Ustimony avis had it stake, between ;he state - went on [atements lumber of imy, the lat C. A. Palmer expressly told him there was no insurance. This paiwr was of importance, as Mr. Jarvis took down the answerd then and not one word did Palmer say about insurance on the freight over $r),0(K). It was a (question which the jury would believe, .Tar\'i8 or Palmer? Jan'is had no object m deceiving, but 0. A. Palmer had every object. Ho was then attempting a fraud on Mr. Jarvis by endeavoring to get tlie freight out of his oflSce by a gross concealment of the truth. Yet Mr, Kerr assailed Mr. Jarvis on the stand and wanted him committed because he asked leave to produce his letter book and show Charles Palmer's answers in full. He thought Mr. Charles Palmer was fully discredited by as respectable a man as there was m the City and County of St. John. He believed there was not a man in the Court House who did not believe every word Mr. Jarvis said ; anook, gentlunieu. yourselves, and you can see whotlier it is ojion to the objections whicli liouse has pointed nut or not. AVhile I am on the log-book I might as well refer to this fact : — Trisiiiski s.ays in his evi> dence that on the morning tliey got on the Florida beach the log-lnwk was lying on tlic top of the trunk, and >Sphno and he tore a leaf out of it and buried it in the sand. I liave examined the log-l)ook myself. You will find that there are 8 days out of it, ropresentiug 8 days on the voyage from Cardill' to Cienfuegos, which would probably be the time that .Spline and Trisinski were not in irons. Y^ou will consider whether this cc.rroborates Trisinski or not. \\*liether the cntiies are madu neatly or not in the log-book, you will consider, and whether it a])par- ently represents the course of the shij) and the state of the wind and weatlicr. Having now tijiishod the evidence of IJolierts I might as well say this — it is cer- tainly singular that he sliould keep l>.iek the log-book so long. But it is not iistonishing to lawyers how witnesses will keep back the evidence, and how hard it is to get witnesses to state what they know about anything. If you believe his evidence, that the book produced is really the log-l)ook, and that the trunk he saved was really the trunk, it might appear singular, but so far as wo can judge there is nothing wnmg in keeping it back, and there is nothing to show it was not the log-book. It is an imnortant peicc of evidence I think. There is no wonder that Roberts gave his evitlcucc in an embarrassed maimer. Ho was in a very peculiar position. It was a very humiliating position for a man to place himself ni. He was, no doubt, ashamed, as his duty as officer of the sliip was to tell the truth about everything that happened, and that he should go before the Naval Court and state things that were uot true, stating some things to be entirely dif- ferent from what he gave here, it is no wonder that he should be embarrased and confused. But there is a locus penitentia for a man to repent of the wrong he has done. Our religion tells us to repent, and the sooner a man repents the better if he does a wrong. He appeared to give his evidence in a confused way, and I say there is no wonder he did, for a man being jilaced in such a peculiar and humilia- ting position as he was placed. His Honor next read the statements of Hall and Trisinski ; and in connexion with the latter he alluded to the discussion between the counsel as to whether there were one or two bottles of melado produced in the Police Court. The prose- cution claimed there were two bottles ; the defence alleged there was but one. He thought Trisinski cleared up this matter, for, looking at the samples, he said of one "this looks like melado and of the other "this w melado." It was a pity, His Honor said, that some mark had not been put on these bottles, when in the Police Court, by which they could have been identified at the present trial. His Honor read the evidence of the Police Magistrate and Police Clerk bearing on this question ; also Mr. Cleveland's and Mr. Alward's. He then read the evidence of Joseph C. Hughes, the New Yo'k notary, and said — "Gentlemen you have heard the statement made before Hughes by these men. Trisinski says the protest was not read over to him. Now you have also heard Mr. Hughes who says it was. You have heard Hall, who says it was read over to him quick like a newspaper, and that he did not understand a word of it. But it is for you gentlemen of the jury, to decide which is true. It is true they have sworn to things there in New York that were not sworn to here, but are on the other hand contradictory. I must say that it is a most unsatisfactory way of taking protests ; it is impossible for these men (the wholo crew) tliat they should be able to state the same tning &» it is stated here. It is a joint statement of the whole of them. It is not a separate statement of one man who states what he himself knows, but it is a joint state- ment by all. The steward says himself that bo could not know anythmg about the water in the ship. But, gentleman, that is for you to consider. Trisinski says again with reference to this protest that the German, Carl, always signed his name "Carl," and never signed it "Charlie," but that is for you to consider. The hand I writing was in the Protest Book, but Trisinski says he never saw him write his name Charlie, but always wrote his name CarL If those men signed that satement, and it was read over to them, and thay consented to it, it would be considered their statement, and I don't know whether they have a right to say it was not their statement ; but if they signed it and did not know what it was, it is of very little 1 value. If people will state things in such documents and then come forward and [make conti^ictory statements, you can see how little value can be x^laced in such 4fc 190 SHIP SCUTTLING TdlAL. (locumentH. People's property mfty bo at stake by such ft principle, lliighes sava he HHked tiiuiii if they uimerHtood it, ftir.l they Hiimed it. I ('on't conle or not, and this will involve the question whether the holes were bored through above or below the water line of the vessel. If this is true, as stated by Thomas, there is no doubt the holes would be below the water line ; but this is for you to consider and not for me. If he comes here to make up this story that it was below the water line, and it was not below, he would be caught in his own|trap ; but it is for you to examine his evidence and see whether it is corroljorated by the others. If vessels of the same tonnage are always built under the same inspection — that of Lloyds — on3 would suppose that there would be no difficulty in ascertaining whether or not the air-streak in the vessel was above or below the load line. I will call your attention to witnesses who say it was below and those who say it was above the load line. I do not think you will have any trouble in determining this. The evidence of Stewart, Purdy and Nevins appears to give a very fair statement of it. If you come to the conclusion that it was above the load line, a good deal Thomas' testimony falls to the ground. [His Honor then read from the testimony of Stewart, Purdy, Nevins, Doherty, Power, Jenkins, McBride, Smith and Rouse. Their statements of the dimensions of a ship with reference to the air-streak. I think I have given you the statements of all the witnesses^ who have testified as to the air-streak, giving measurements or any data by which to determine its position and you will have te decide for yourselves whether the air-streak came out above or below the load line. If you come to the conclusion that it came out above the load line, it will, as I have already said almost destroy the testimony of Thonias. There is another point that will enable you to determine whether he gave a good account of the boring or not ; that is the evidence of witnesses whose testimony is intended to show that the noise of the water coming into the vessel through the auger holes would have been heard. The evidence on this point has been read to you, and you will be as competent aa anylwdy to draw conclusions thereirom. The evidence of some tends to show that the master of ships would be more competent to judge as to this, but they all admit that there is a difference between water coming into a stationary vessel or oxie that is in motion. These are all matters for your on- sideration. If you come to the conclusion the water coming in could be he. . .^ all over the ship, it wUl, no doubt appear singular to you that it was not heard by SHIP SCUTTLING TRIAL. 191 OH savs III' Mr. Kit Mr. I think IgH th'vt mid Bay k to get iiui HivyH lie thiiiK one anint : One of the^-o holes wan ni inin^ on Monday and the utliors on Tuesday. Tho »|uention In, how long it would take tor such a quantity of water coming in a vcssol to (ill her ? You have the jvidonee of Mr. Murdoch of how much water will be disharged into a stationary vessel, but ho admitted that ho be tlie rule of shipmasters that the captain abandoning a vessel has no riglit to burn her, but the next captain who happens to meet with the abandoned vessel may bum her, I cannot sa3' this is tho law but there is, 1 must say, good reason for such a cust ni. For if a captain could get rid of his vessel by burning her, it would shield him in his bad conduct, and there would be no way of ascer- taining his f^-aud. But if thrj captain of the abandoned ship was prevented from firing her himself, and there was any fraud in connexion with her loss, and she was picked up 1,,» wreckers, his act would be found out. Therefore I can understand w!iy that prevailing ride is among merchant ship owners and captains. If you believe she was burnt for the purpose of keeping otlier vessels from colliding with her, nhy was this not told ? Why keep it back ? You have the evidence of Trisinski, who certifies that he told the captain he woulc? not go before the Naval Court on recount of the burning being suppressed. It appears that this witness himself was not satisfied with it. It appears to me to be a very important fact, the fact of these two things, the existence of the log book and the ourning of the vessel being kept back. U you believe the evidence. Tower must have known of the existence of the log book and the burning, and you must consider this in com- ing to your conclusion. [After reading Captain Tower's statemerits before the Naval Court that the log book was lost. His Honor proceeded.] In this roipect the prisoner at tho bar stands in a diuerent position from what persons usually do. He has in part at least told his own story, and in the Naval Court he swore that the log book was lost. He also says in the protest, that it was extended from memory, the ship's log book having been lost. This is the statement of Capt?in Tower together with the other nieu. If Captain Cower knew that the log book was in existence instead of being lost, he knew it was saved and saw it ca the beach, and knew that it was in New York, how can you reconcile these statements with the log book now, as it is in existence here ? Its not being pioduced before the Naval Court and the Notary, does that satif .y you that this vessel was lost by the ordinary perils of the sea, or was she lost and scuttled in the way Thomas has described ? Gentlemen, that is a ^^eiy serious matter, and I leave it to your con- sideration. I will now p:vss to another portion of this case. Many of these things may ba small matters, but they form very important chains in the facts which may or may not lead to the conviction of the prisoner. It is for you to consider whether the stories told by these men nre the truth or not. Do you beiieve it to be a fa'^'t that Thomas, the second mate, sent his trunk to New York by the T. C. Jones. You have the evidence orf three on that point. If he did po, why should he send his trunk to New York when his own vessel wi-s going to the same port in few di,y' . Do you believe that he took his trunk out of the Brothers' Pride that was going to sail in a day or two from Cardenas and send it to New York by another vessel ? The same trunk came to New York and from there it came to Towfir's house and is in jaii now. How do yc u aocoun+ for that ? Do yoxi believe it ? Does that account for the statement that Tower told him the vessel would never reach the United States. That was when Thomas tokl him he was going to Philadelphia. There is another singular statement in this case — the bulk and weight of thi» cargo, but it is for yoii to saj'^ whether you believe tnis statement or not. Then, with reference to the letters which Thomas received from the captain. After he came to St. Joh" he went to Captain Tower's house, and Tower gave him sums of money at diiferent times. Once $5 and another $20. Why did he do this ? His wages were all paid in New York, and nothing owing him at that time. Again, we have the evidence of Thomas and his cousin (McNeill) from Nova Scotia, that he WiOle these two letters to which Thomas referred. One of these letters was with reference to Thomas getting money from the prisoner. Tower, stating that Judge Palmer had not got his insurance yet, but when he did he (Tower) would send him some monay. He iid not owe him anything then ; and why, then, did he send that communication ? In its lan^age there is nothing very peculiar about it, but you may draw inferences from it il you think it important. (Hia Kunor read the letter) Thia l<* & m&tter that don't depend upon wiiether Thomas. SHIP SCUTTLING TRIAL. 193 of this Then, Lf ter he Bums of Hi3 [Again, jia, that Bra was I stating iTower) >, then, peculiar (Hia Chomas told the truth or not ; the paper speaks for itself. Now, does this lead you to believe there was anything between them ? Upon this you must draw your own conclusion ; it is not for me. Then again his ovulencc is confirmed, (or which you may think confirmatory to the evidence of Thomas) that is the evidence of Trisinski. I have reference to one occasion when he says, while at the wheel the captain was with Thomas down in the water closet, he lieard a noise like the breaking of Iwards and Tower came on deck persrJring. Afterwards he heard a noise like the boring of an auger, iiut it ii:; for you to say whether you believe Trisinski on this point or not. Hall's evidence goci to show, in 'confirir'ation of Trisinski's, that he saw Tower and Thomas in the water closet together. Now, why should the captain and the second mate be in the water closet together? It was shown that there was accommodation only for one person ; but it is for you to consider whether that corroborates Thomas' evidence or not. That is, whether as lie said, he went down in the hold of the vessel to bore these holes without being seen by the rest of the crew ; but these are all matteis for your consideration. I now direct your atten- tion to the evidence of Powers, as to how this bulkhead was conatnicted about the water closet- (His Honor here referred to Powers' evidence}. He (Powers) says the post on which the '>oard3 were nailed was on the laj^arette side, and they could not very well be kicked off, and that there would be considerable difficulty in get- ting them off from that side. Whether the boards at the rear of the lazaretto were fixed like those, I don't know ; bui you have that evidence before you, and mujt draw your own conclusions. You have the statements of Thomas, Hall, and Trisinski of what they saw, and of what one heard. In questions of this kind, when a portion is charged -with a criminal offence you must look and see if he had a, .uotivc to commit the crime. Persons don't generally commit crimes without motiv^es. In considering this you must see whether the prisoner had any motives for commititng the crime of which he is chargen. If he had no motive you might come to the conclusion the charge is not true ; if on the other hand he had a motive, you ha\ a right to believe it. One of the motives, if it is true, is that Tower stated he knew the vcfisel was well insured and that Judge Palmer wrote to him to sink her, and that he was going to got a large sum of money paid to him, part ivi the West Indies and part here. Now, whether he had knowledge of that insurance can be judged by the truth or falsity of what he said to Thomas. On the other hand, we have the evidence of Judge Palmer that he made no such statement to 'Me prisoner. Now, do you believe Tower knew the vessel was insured or not ? If not, it don't appepr that Tower would destroy the vessel and the property of his employers. The vessel was insured, as it appears, in England and the prisoner was in EnglTJid and lelfc there just after the vessel was insured. It may be he had the rpportunity of knowing she was insured, and it may not. Do you believe he had that information, or not? Do you believe lie was going for destroying the vessel? It appears to me that there is in that he got a large sum of money after leaving Cardenas, you to consid'^r ! But the^e is no evidence to show how these largo sums of money came to be received by him and his wife just a few days before the vessel left. Do you think that eviilence could have been obtained from Cuba about it? If so, why was it not obtained? Another thing which you should consider in this case is, after this vessel was lost. Tower put large repairs on his house in Carletcn. He told the insurance agent that he had put $3 000 expense on his house. Now, would he have so much money from hi" wages ? He was a man getting $65 ^ month, from which he would not have very much money after supporting a family. This is very important evidence ; that this money coining into Tower's hands, and that he had laige sums of money just before this vessel was lost ; but it is for you to believe whether he got this money for destroj'ing this vessel, and that these large sums he got were the sums he told Thomas he was to get, according to Thomjw' evidence. (Mr. Ray's cidenco on sums deposited by Tower, was reitd ; also Allison Wishart's evidence as to Tower's money transactions with the Bank of N. B. ) I ought to state to you now whether some account ought to have been given by Captain Tower of this money from Cuba. Of course, the wife of the accused, Mrs. Tower, could not be a witness, biit ample time has elapsed to obtain evidence from Cuba. But it is for you to say whether a transaction of this kind throws suspicion on Tower, and if it don t confiiTii Thomas' statement th,T.t Tower told him he was to get a large sum of money, part m that he stated to get money strong evidence but that is for 194 SHIP SCUTTLING TRIAL. EV-; ■ pr kBL ^Ki.^^- _;- IK? -'' BKk<*>- ' ^&?^ * ' ' hero and part in Cuba, for scuttling the vessel. Yon will remember $2,000 was drawn before ho left Cuba. (Mr. Kerr asked His Honor to read the affidavits made to postpone the case till proper evidence could be got from Cuba. ) I don't know as I will refer to the affidavits as they are not in evidence in this case. There is another point in this case I think important ; ths>,t is, in regard to the cargo of the vessel. Do you think this cargo was really melado, or as some of the witnesses said, only dirty water ? If the evidence of the Cuban, Melian. is to be relied on, and all the melado like in the broken casks, it is very clear it was not melado ; but that is for you to say ; and also as to the evidence of Beste who said he traded iu the melado, and the evidence of others who have carried melado, whether it was dirty water or not. Of the other casks we don't know , we only knew of the casks that were opened. I think this is a matter for you to consider whether it was melado or not. If it was melado, what was its weight ? Beste's evidence goes to show melado weighs from 1850 to 1900 lbs. per cask ; and that of the Cuban to the same effect. Now do you think that the vessel was capable of carrying a cargo of 863 casks ? With a cargo of 517 tons of coal she drew 14 feet of water. Now, how much deeper would she be with 863 casks of melado ; one witness says, looking at her register, that 863 casks of melado would make an additional weight over the 517 tons, of *^00 tons, and that this would bear her down 20 inches more in the water. Now. if that vessel wac no deeper with the cargo of melado than she was when she came out with the coals from Cardiff, do you think it was melado or not ? If not melado will that lead you to any suspicions of the captain's complicity in comiexion with her loss ? If melado you can see why the captain would not be guilty of destroying tne vessel and her valuable cargo ; but if nf/t melado it supplies a motive for casting away the vessel with that stuff in. Do you think tliat he knew whether it was melado or not ? Thomas says when the cargo was coming on board he told him it was queer looking stuff, and the captain made no response. They all say that one cask was on deck all the time, and that they had an opportunity of looking at it. The captain said co Thomas that the cargo was iiever going to New York. Does that lead your mind to any suspicion of the conduct of Tower, or does it satisfy you that the evidence of Thomas ^ving the way the vessel was destroyed was true or not ? The Cuban says (and he was not allowed to go as far as he was disposed to in speaking of this) she was called by the name of the " water barque. He was going to give his reason and was stopped in that. He said they took no care in stowing the cargo ; that some of the casks burst and ran about the deck, and that the steward washed his clothes in it. One of the witnesses, Trisinski, I think, took some of it and put it in his tea, and it destroyed the tea. Now, did the cap- tair know if it was melado or not If a cask of melado weighs as Mr. Beste and other witnesses say, do you think a vessel would draw no more water than she would with 517 tons of coal ? If not, does that satisfy you that this was net really melado ? If it was melado do you think that this vessel, with the quantity of waier stated to have been in her, would not have gone right down ? A number of witnesses on both sides say she could not have floated any considerable time. Now, as to the quantity of water in the hold of this vessel : The evidence goes to faiiow that there was about 12 feet of v/ater. Now, if 12 feet of water had been in her, and she only little over a 12 feet hold vessel, could they have knocked in the bow ports and not reached water ? The bow ports were down below water ^.'hen they went back in the boats after abandoning her. The water was not up to the main deck, nor up to the cabin floor. The statement made before the Naval Court and notary that she was tired, if this is true, is not reliable and goes to show that the condition of the vessel was misrepresented before the notary and before the Naval Court. That her position was not such as would justify the abandonment of the vessel, some of the witnesses say if some seven or eight feet of water was in the hold and they could control the water they would not have abandoned her. Others say they would. That is for you to consider and draw your own conclusions. We are not trying Tower, as to whether he was guilty of misjudgment, but trying him for a criminal act. You are not trying him as to how she ought to have been lost ; but whether she was lost in the way Thomas' evidence goes to show. If the evidence of Thomas is satisfactory to you that Captain Tower told him to do what he says he did and she was lost, there is an end to the matter. If you should be satished by the evidence of these various captains that have been called, that the SH!P SCUTTLING TRIAL. itjf 195 00 was idavits 1 dou't Thoro argo of tuesaes ied on, .0 ; but aded iii : it was le casks it was goes to a to the cargo of )W, how )king at 3ver the •e in the she was or not ? ilicity in I not be supplies he knew an board They all bunity of 5 to New •, or does eetroyed sed to in He was vessel was abandoned before she ought to have been, that might go to show there was something wrong and that she was not abandoned of necessity. There is another point. There does not appear to have been the slightest efibrt made by anyone but Roberts to see what caused this leak, and with reference to him it was singular that the second officer of the ship should have been satisfied by merely going down in the hold and looking round to see if there was water. That is for you to consider. But on the other hand, one would suppose that the captain, find- ing that his vessel was leaking very rapidly and that the leak could not be overcome by the pumps, and no one being able, apparantly, to account for it ; that he himself would have made some effort to discover where it was. But there appears not to have been the slightest effort made to discover where the leak was, except by lloberts, the first mate, as I have already stated. Again, they made no effort to lighten the vescel by throwing off the cargo. There were no signals of distress. Some witnesses say that it does not make much matter about aignals of distress ; others say they would put them up. You have heard the statements made by the crew before the Naval Court, and the evidence of Thomas and the others here. Now, it is for yon to say at which place they were telling the truth. Roberts said that some of the casks ^washed like casks of water, and other evidence goes to show that genuine casks of melado will swash. [His Honor rend Roberts' evidence about the loading of the cargo and where he said he did not know if the captain knew anything more about the cargo than he (Roberts) did.] A great deal has been said about the construction of the bill of lading and the effect of the clause "weight and contents unknown." The meaning I take to bo of this is, when the captain receives on board his vessel a certain number of casks or cases and signs a bill of lading, if he delivers those casks to the consignee, he is not responsible fur what they con- tain, nor whether they contain what they have been represented to contain or not. If Captain Tower had gone to New York and delivered these casks, it would make no difference to him whether they were melado or dirty water. He would have discharged his duty and performed his part of the contract. But if he knew that they contained dirty water, the fact of his signing the bill of lading, ' ' weight and contents unknown " would not affect the matter in any way. But if he did not know anything about it, he would not be responsible. If he knew when ho got them on board, then a responsibility might attach, if anything was done during that voyage to destroy the vessel. If he knew what tlie cargo vyas and it was dirty water, would that be evidence of a motive for scuttling the vessel ? Now, with reference to this insurance . we have Tower's statement that ho made to Thomas that the vessel was insured for three times her value ; but we have the evidence of Judge Palmer, who says he told Tower nothing about the vessel. If you think Tower told Thomas what Thomas said he di !, how did Tower get his information! Do you believe the vessel was over-insured cnot? On this point you have a great deal of evidence. It has been given in evidence that the vessel was not worth over $10,000 Judge Palmer said he would not have sold her for $16,000 or $18,000 ; but it is for you to believe whether she was over-insured or not. By the accounts and letters between Judge Palmer and his agents the vessel appears to have been insured for £2,700 or .£2,900. ]His Houor read letters from Bolyea & Co., and the account current up to Jan. 30, 1879.] A good deal has been said about these accounts, and whether certain marks which appear on th-s account are genuine marks, or whether they were put on afterwards or not. Judge Palmer has said, in consequence of certain marks on the accounts he considers that the £400 was only on the voyage out to Cienfuegoe. Mr. Thomson, on the other hand, has contended that it could not li.ave been the case ; that the insurance was on the ship's account and on a round voyage to Cuba and the United States. Judge Palmer said he could not give any information about that £400, whether it was insurance on the vessel or not. Now, the question is, was the vessel over- insured? And if so over-insured, did the prisoner know that? If he did not the over-insurance on the vessel would not affect this case. Tf he did know it there might be some motive to lead him to destroy the vessel. If he did not it would appear that he had no mo.'/e to destroy the owner's property without being com- pensated, and therefore he would have nothing to do with Judge Palmer here, only as I have said. If he ^new this article on ship board was not melado, he might have a motive for destroying the vessel. Otherwiae, I don't know what motive he would jhave, but from the evidence of these parties you can draw your own con- HI n 196 SHIP SCUTTLING TRIAL. clusioiiH. With rofcrcnce to these four witnesses Mr. Kerr 8.ays no credibility ougVit tc be attached t<> them. He says Thomas kept l)ack the question of the vessel being insured at tlie ijolice cied in i.ttempts at implicating the chief owner. So slight was the apparent relevancy of the evidence ;ulduci^d in these attempts to the case presented against Tower that its admission was a matter of snrj)rise ; and the conclusion of many on-lookers was that one of the main aims of the prosecution was the implication of the principal owner. The jury were compelled bj' the evidence submitted to them to consider the charges specific and imiilied against the owner. They found them untrue. Accepting the main evidence against Tower as credible, they felt forced to conclude him guilty of the chief charges against him. I?ut they saw and could not help seeing that if their verdict aga-inst him should bo coui)lcd with no indication of their finding on the charges which the iirosecution tried so liard to establish against Jmige Palmer, the public would probably regard the verdict a^jainst Tower as a