rae Meo ec ota Capea eer SNA ik ae RAL eT aon cea ee ngaher Notte ratga crea Sten Aaa ic et Ber Par a td CORNELL UNIVERSITY LIBRARY wii In compliance with current copyright law, Cornell University Library produced this replacement volume on paper that meets the ANSI Standard Z39.48-1984 to replace the irreparably deteriorated original. 1994 Aluited States of America, MASSACHUSETTS DISTRICT. IN ADMIRALTY. THE UNITED STATES, BY INFORMATION, Vs, THE BARK ISLA DE CUBA AND CARGO. GEORGE M. REA, 2 Claimants. J. 5. CORREA, Appellants, CHAS. LEVI WOODBURY, for the United States. SOHIER & WELCH, Proctors for Claimants, Appellants. BOSTON: PRINTED BY ALFRED MUDGE & SON, 34 SCHOOL STREET. 1863. QD INDEX. he Informa tions saveceuss sarin eae eae Ses aus ise acne RRG Oem Sena S Warrant and Monition and Marshal’s Return.............0.e00 ceeeeeeeees Stipulation for costs by Claimant of barque.... 2... seeee cece ec cecseeeetes Claim of George M. Rea of barque......seee cece e scene nsencececeeeeeees Stipulation for Costs by J. S. Correa, Claimant of Lading................+555 Claim of J. S. Correa...... aguante vhiavel alc asad aye aonb’ tera stole aunts Gielé fauecavangesineyaccledanans Motion of U.S. District Attorney for sale of barque and ladin “cc ‘* Claimant’s Proctors for appraisal of barque and lading Warrant to appraise em me mmm re ee er meee ee meter e eee aeneacree reser eens Marshal's return 0nid0isa,.:5os acters cegun ciecmsev desion e: SeGlnanceeeter Ske sw@eu Warrant to sell barque and cargo....... cee cece ee eect e eee cece ee eeees Motion of Claimants that order of sale be rescinded Marshal’s return on said order i i a a i a Se me eee mec ee ee emer meen scenes eee raeneee Warrant to scil lading, and Marshal’s return Receipt for proceeds from Marshal............ 0 ccc sce e eee eee cuc eee tence Bond for appraised value of Darquesss og: achive peissseetadece gp ereauy ses eee Warrant to deliver same to George M. Rea Marshal 's return 010 0's i9is.0 0:3 eiew siacacord a0 ig ecein ein eid aleicie ie acaiaisiaie eieleua ead aren aeialeee Motion of George M. Rea that said vessel be re-arrested............002cee005 Consent of U.S. Attorney and of Charles Smith and others to same Warrant to take said barque, &c., and Marshal’sreturn...............--000-- Order for discharge of Bond already given............. 2.0.00 cece ecceeuee . Motion of U.S. District Attorney for sale of barque Warrant to sell barque and appurtenances Marshal's return on warrant to sell oo i ey Seem ee cee e er erence eens he i ee rs DEPOSITIONS FOR THE UNITED STATES OF Jacob M. Smalley Charles Smith eo i See cee wee ewe meer nsene rR RES RG NR RRR E RT BB Gg OY OO WW O 8 Ri RG. SIE ION a) OS: iN! (ese e a eis iwnlacalaial Aviaries ew iehare BS SSNS AS G Bie SOS Siw ss rei Vee: Oana ee Sie LEO! ~ at ig ie aera SiS ele Wek RE ea: wi ame cace aR OBER) Le WW Oi) SR RSE Re SISO! Ss twe news wei de> QA ie i810 a alae SW ere B BURLR USES Iv INDEX. Tage. Revi Wes Barn éree se eb e ak bnals sc hues an tee es outed pe aunetalnors cans. 40 Solita Vb Om pan scisiecs. sienuissers ects nagganw dys bolded bameae ba sad coeeseey 49 JONACHAD BROW es .s.o0 aulde ec atmauausaiecee summands: Ache saa ae eee SS t POND Onn yaswasa darts s-eagunns ove diead gen here ad dip aeey bad ated aa SES 51 Adolf Zefierscccecdadessciaa ch sngsaw esd ccna 8 ba eS Se eS Ee Had WE Se eee LS 52 Henty Romain\. + .cvs sawed vaxsts veces eve seaweeds amas elus'pe aed Geadees 53 Israel C. Trow............- aie nad doe igceiy wlemiaiee ace-a bee eae A Meese morgan 54 Thomas Pi Walson: ass, ssaave crccu cries Gama sak canna eMedia s a wee we mua 55 OWN HH, RiUCia tc csnkeltader eee daidees cuentas be onadas eamid ae reeadess 56 Copy Iuward Foreign Manifest...... 2.0.00... c eee cece eee eee eee n eee eeee ov List of Crew of Isla. de: Cuba x ss sexenc e2s owes ved s sawee sda gedeas were eenes s 61 Copy of Registry of barque ‘‘ Isle de Cuba.’’......... 0. cece cece eee eee eens 63 DEPOSITIONS FOR CLAIMANT OF Benjaniin Ay Mumlord ics: cngseaew ciaeeweapeayeavereeenig slaw peace aac b5 Henry DL. Togillgec savas ac eee seitisee ssa: eaaaee ele ela deed ogee woes gee, 360 Mn Ochi Ris Wiakes dicosi eaasraek s aaicalde.ted Matighs Lacdadee saedane cowed Wades 76 Melancthon M. Freeman. ........2.02cccececeeeececesceecceseaeeceevenes 81 Teaaé B:Gaeeren: cose vcsaiwe css seaming ve aeeene sos deidas ee end ea as Gaceeee 86 Cesar H.S. dela Figanteres:. so sseee iss esuees si eeeas to swae si eew eauadas 91 Guilherme J. de la Figaniere...... 2.0.0... ccc e eee eee ee eens ceeeuee 97 Henry CSO hase. cineca tee vatioan van wena wguand ode Gees eeu Cewens 103 Thomas: LO SmMithvscdsas pas cacsale s saeraiere a aeameBVeaawawrdden Gav amieisdansts 107 Patrick: Burhseaw.s4 cee yes wads essa de ne seated na esadaa new waaecd & a 113 Jase de Sodza Corrétisicecs + aeacvaxpweg? eases i es cine siae ba anes wae ma dvaes 117 PES UD Its Ais: oii satens oe caree ates a's Stamens xin na eptonene aerosols See ata aiomses 130 Exhibit Beaissckicacaaaadtesanea wa boa. -ac ubWar S449 850 deka cae ake 132 EShibit Gs xcascesnnetelg a tentiaeeatin ee Saba! ale gawmins wake Pees «x A33 Exhibit. Disiges ds srdaels S.bigieie e505 sega dee tnck vwisdvace andere SS warn wats: 136 Daniel Seilzag woniss sien ss eee ee ch eee idk tet baa alee aa Dhieaweweacingnes 137 Gilbert Russel s s-.sacr es vaaignw ge asisieew ca SHOES OA Sd ale os we Mawes 4 HEAL Sabo oo 137 Guilherme J. de la Figaniere, (2d Dep. of)......... 0.0.0.2 0 cece cece eee aee 138 Exhibit A, annexed to depositions of Seixas, Russell a de la Figaniere.. 139 Eshibit B, annexed to same Eshibit C, annexed to same UNITED STATES OF AMERICA. MASSACHUSETTS DISTRICT, SS. At the District Court of the United States, begun and holden at Boston, within and for the District of Massachusetts, on the third Tuesday (being the twentieth day) of March, in the year of our Lord one thousand eight hundred and sixty. Before the Honorable Peleg Sprague, Judge. THE UNITED STATES OF AMERICA, By Inrormation, vs. THE BARK “ISLAND OF CUBA,” Ev. Auta. This Information was filed in the Clerk’s Office on the twentieth day of October, A. D. 1858, and is as follows, viz: UNITED STATES OF AMERICA. MASSACHUSETTS DISTRICT, SS. THe Unirep States, by Information, vs. THe Barque “IsLanp oF CuBaA,” ET. AL. To the Honorable Peleg Sprague, Judge of the District Court of the United States for the District of Massachusetts : Be it Remembered, That on this twentieth day of October, in the year of our Lord one thousand eight hundred and fifty-cight, before the Honor- able Peleg Sprague, Judge as aforesaid, comes in his own proper person, Charles Levi Woodbury, Esquire, Attorney of the said United States, in and for said District of Massachusetts, who prosecutes for the said 2 6 United States in this behalf, and in the name and behalf of the United States of America, propounds and gives the said Judge to understand and be informed, that at a time past, to wit, on the first day of Septem- ber, in the year aforesaid, certain persons, whose names are to the said Attorney as yet unknown, did, at a port of the United States, to wit, at the port of New York, fit_out, equip and otherwise prepare _a certain barque or vessel, called the Island of Cuba, for the purpose of procur- ing certain negroes and persons of color from a foreign country, to the said Attorney as yet unknown, to be,transported in and upon the said jbarque or vessel to_a_certain_place to the said Attorney as yet un- known, then and there to be held and otherwise disposed of as slaves; and afterwards, to wit, on or about the first day of September, in the year one thousand eight hundred and fifty-eight, the said persons unknown did cause the said barque or vessel, then and there so fitted, equipped and otherwise prepared as aforesaid, to-sail from the said port of New York, with intent to employ said vessel for the purpose aforesaid and in the trade aforesaid. And the said Attorney of the United States, on behalf of the said United States, saith that all and singular the premises aforesaid are true. And the said Attorney further gives your Honor to be informed that the said barque Island of Cuba is now lying within the limits of the District of Massachusetts and within the jurisdiction of this Court. Wherefore the said Attorney prays the advisement of said Judge in this behalf, and that process in due form may issue against the barque Island of Cuba, her tackle, apparel and furniture, and against the lading of the said barque, and that any and all person or persons be cited in general and special to answer the premises, to the end that the said barque Island of Cuba and her lading be condemned by the definitive sentence and decree of said Judge, as forfeited to the use of the said United States, and that the proceeds thereof, after condemnation, be distributed in manner and form as provided in and by the Statutes of the said United States. CHAS. LEVI WOODBURY, United States Attorney for the District of Massachusetts. WARRANT AND MONITION. Thereupon, by order of the Judge, a Warrant and Monition issued commanding the Marshal to give notice to all persons concerned that the said Information had been filed, and that trial would be had thereon at a District Court to be holden at the United States Court House, in Boston, in said District of Massachusetts, on Tuesday, the ninth day of Nov., A. D. 1858: And to give said notice by advertising the same in the “ Boston Daily Courier,’ one of the public newspapers, printed at Boston, and by posting acopy of the same notice at the said Court House, in Boston, fourteen days at least before said day of trial. And to take the said barque and appurtenances and lading into his custody. And to make due return of his doings. And the Marshal made return thereon, as follows, viz: UnITED STATES OF AMERICA, Massachusetts District, ss. Boston, November 5, 1858. Pursuant hereunto I have given notice to all persons concerned that the Information within named has been filed, and that trial will be had: thereon, by publishing the substance of the within Monition in the Boston Courier, a newspaper printed in Boston, in said District, and by posting up a copy of the same notice in the United States Court House, in said Boston, fourteen days at least before the day within named for trial, and on the 20th day of said October I took the barque Island of Cuba, her tackle, apparel and furniture, and the lading on board thereof, into my custody on this warrant. WATSON FREEMAN, U. S. Marshal. nr STIPULATION FOR COSTS AND EXPENSES BY CLAIMANT OF BARQUE. Then, on the tenth day of November, A. D. 1858, personally appear- ed George M. Rea, of the City of New York, (aclaimant of said barque, ) by Charles N. Black, his Attorney, and produced for surety said Charles N. Black. And the said Rea, by his said Attorney, and the said Black, his said surety, submitting themselves to the jurisdiction of this Court, bound themselves, their heirs, executors and administrators, jointly and severally, in the sum of two hundred dollars, unto the said United States of America, that the said Rea should pay all costs and expenses which should be awarded against him in this suit upon the final adjudi- cation thereof, or by any interlocutory order, whether it be in this or any appellate Court. CLAIM OF GEORGE M. REA. On the 10th day of November, 1858, the claim of George M. Rea was filed in the Clerk’s office, viz: To the Honorable Peleg Sprague, Judge of the District Court of the United States for the District of Massachusetts : The claim of George M. Rea, of the city of New York, Counsellor at Law, intervening for his interest in the barque “Isla de Cuba,” her tackle, apparel and furniture, and the answer of the said George M. Rea to the Libel or Information of the United States against said vessel, her tackle, etc., alleges as follows: First, That the Claimant and Respondent appears before this Honor- able Court and claims said vessel, her tackle, apparel and furniture, and states that he is the mortgagee of the same, under and by virtue of a certain mortgage made and executed by G. I. de la Figaniere, the then owner of the said barque, to secure the payment of the sum of eight 9 thousand dollars on or before the first day of January, 1858, dated November 10th, 1857, and recorded in the New York Custom House, November 25th, 1857, to which said mortgage the said Claimant begs leave to refer, if necessary for greater particularity, and makes part of this claim aud answer. That the sum of eighteen hundred and cighteen dollars has been paid to the said Claimant on said mortgage, leaving the sum of six thousand five hundred and seventy-one dollars and forty- six cents, with the interest theron, yet due and unpaid, and the said Claimant holds said mortgage for the payment of the same. That the said Claimant is the true and bona fide owner of the same, and that no other person is the owner thereof. Second, That the Respondent denies each of the allegations and statements in said Libel or Information, except that said vessel is lying within the jurisdiction of this Court, and says that the said vessel, her tackle, apparel and furniture, did not become forfeited in manner and form as in the Information in this behalf alleged. Third, That all and singular the premises are true. And therefore the said Claimant and Respoudent prays that this Honorable Court will be pleased to decree a restitution of the same to him, with the reasonable costs in this behalf sustained, and otherwise right and justice to administer in the premises. GEO. M. REA. Sworn before me this 8th day of November, 1858. CHAS. W. NEWTON, U. S. Commissioner. Epwarp W. SouIER, Cas. A. WELCH, & Proctors for Claimants. 10 STIPULATION FOR COSTS AND EXPENSES BY CLAIMANT OF LADING OF SAID BARQUE. Then on said tenth day of November, A. D. 1858, personally appeared J. 8. Correa, of ,aclaimant of the lading of said barque “Isla de Cuba,” by Charles N. Black, his Attorney, and pro- duced for surety said Charles N. Black. And the said Correa, by his said Attorney and the said Black, his said surety, submitting themselves to the jurisdiction of this Court, bound themselves, their heirs, executors and administrators, jointly and severally, in the sum of two hundred dollars, unto the said United States of America, that the said Correa should pay all costs and ex- penses which should be awarded against him in this suit, upon the final adjudication thereof, or by any interlocutary order, whether it be in this or any appellate Court. CLAIM OF J. 8. CORREA. And on said 10th day of November, 1858, the claim of J. S. Correa was thereupon filed in the Clerk’s office, and is as follows, viz: To the Honorable Peleg Sprague, Judge of the District Court of the United States for the District of Massachusetts : The Claim of J.S. Correa, intervening for his interest in the cargo or lading of the barque “ [sla de Cuba,” and the answer of the said Cor- rea to the Libel or Information of the United States against said vessel, her tackle, apparel, furniture and lading, alleges as follows: First, That the Claimant aud Respondent appears before this hon- orable Court and claims said cargo or lading, and states that he is the true and bona fide owner of the same, and that no other person is the owner thereof. Second, That the Respondent denics cach of the allegations and statements in said Libel or Information, except that said vessel is within 11 the jurisdiction of this Court, which he admits, but alleges that said lading did not, nor did any part thereof, become forfeited in manner and form as in the Information in this behalf alleged. Third, That all and singular the premises are true. And therefore the said Claimant and Respondent prays that this honorable Court will be pleased to decree a restitution of the said vessel, her tackle, apparel and furniture to him, with the reasonable costs in this behalf sustained, aud otherwise right and justice to administer in the premises. Charles N. Black, being sworn, says that he is authorized to make this affidavit. That the Claimant herein is without the United States. That the above claim and answer is true, upon deponent’s information and beliel. CHARLES N. BLACK. Sworn to before me. S. E. SPRAGUE, Clerk. i. W. Souter, CG. A. Wexcu, & Proctors for Claimants. MOTION FOR SALE OF VESSEL. This Information was thence continued to the December Term, A. D. 1858, of this Court; when, to wit, on the 3lst day of December, A. D. 1858, the following motion of the United States District Attorney, that vessel and cargo be sold, was filed in the Clerk’s office, viz: Unitep States OF AMERICA, Massachusetts District, ss. Unirep Srares, by Information, vs. THe Bargue “Isua DE Cuba,” ET. ALS. To the Honorable Peleg Sprague, Judge of the United States District Court for the District of Massachusetts : Respectfully represents Chas. Levi Woodbury, Esq., United States Attorney for the District of Massachusetts: hat the barque “Isla de Cuba” and her cargo are now in custody, in virtue of process duly issued 12 on the twenticth of October, A. D. 1858, from the District Court for the said District; and your petitioner further represents that no bonds have been offered by any claimant for the delivery, either of the said barque or her cargo. That the expenses of retaining the same in custody are accumulating, to the great loss and injury of the proceeds of said seizures, to whomsoever they may belong. Your petitioner further represents that the said cargo in a great measure consists of beans, in bags, crates, whose contents as yet are un- known, but believed to be crockery, numerous water casks, lumber, other articles of provisions, iron slave coppers, wooden mess buckets, bales of cloth and cottons, boxes of codfish, barrels of rice and of bread, and other articles. That the said articles are perishable and in a deterior- ating condition, as well also the hull, furniture and apparel of the said barque; so as in the opinion of your petitioner to require an immediate sale thereof. Wherefore your petitioner prays your Honor to order the same to be sold and the proceeds thereof to be paid into the said Court, to abide the definitive decree and order of the said Court. CHAS. LEVI WOODBURY, U.S. Attorney. MOTION FOR APPRAISAL OF VESSEL AND CARGO. Before any action was had upon the foregoing motion, to wit, on the Ist day of January, A. D. 1859, the following motion, that said vessel and cargo be appraised, was filed in Court, viz: Unitep STATES OF AMERICA, District of Massachusetts. UnitED States, by Information, vs. Bark IsLE DE Cuba. To the Honorable Peleg Sprague, Judge of the District Court for the District of Massachusetts : And now George M. Rea, Claimant of the said vesscl, and I S. Correa, claimant of the cargo or lading of said vessel, petition your Honor to order a delivery of said vessel and cargo to their respective 13 claimants, upon a due appraisement to be had under the direction of the Court, and upon their giving stipulations with sureties in such sum as the Court shall direct, to abide and pay the money awarded by the final decree of this Court or the appellate Court, if any appeal is made. By their Attorneys, SOHIER & WELCH. ORDER FOR APPRAISAL. Then on the sixth day of January, A. D., 1859, by order of the Judge, a warrant to appraise issued, directing the Marshal to cause said bark and appurtenances and lading to be appraised on oath, by Rich- ard Soule, Charles J. B. Moulton and Isaac Schofield, said appraise- ment to be made as soon as may be, and the appraisers to be duly sworn. And on the seventh day of January, A. D. 1859, personally appeared before said District Court the within named Soule, Schofield and Moul- ton, and they severally made oath that they would appraise the within named bark and appurtenances and lading, according to their best skill and judgment. On which warrant to appraise the Marshal made return as follows, viz: Unirep STaTes OF ar Massachusetts District, ss. Pursuant to the annexed warrant I have notified the appraisers therein named of their appointment, and have requested of them to attend to the duties assigned them, and they have attended and make report as under. Bosron, January 6th, 1859. WATSON FREEMAN, Marshal. 14 Ws, the subscribers, having been notified by the Marshal of the Dis- trict of Massachusetts that we were appointed by the Honorable Judge of the District Court for the District of Massachusetts to estimate and appraise the mentioned in the annexed warrant, have attended to the duties assigned us, and after a strict examination and careful inquiry, we do estimate and appraise the said bark “ Isla de Cuba,” or Island of Cuba, her tackle, apparel and furniture, at the sum of $3,600 00 And we further estimate and appraise the cabin stores and provisions belonging to and on board of said bark, at the sum of 358 00 And we further estimate and appraise the lading or cargo of said bark, at the sum of 4,431 03 $8,389 03 In witness whereof we hereunto set our hands at Boston, this twenty-fourth day of January, A. D. 1859. RICHARD SOULE, C. J. B. MOULTON, ISAAC SCHOFIELD. WARRANT TO SELL VESSEL AND APPURTENANCES. Then on the fifteenth day of January, A. D. 1859, upon motion of the United States District Attorney, and upon his representation that said barque and lading were perishable and in a deteriorating condi- tion, a warrant to sell issued, commanding the Marshal to sell to the the highest bidder, at public auction, at Boston, within said District, on the twenty-second day of January, A. D. 1859, at twelve o'clock noon, the said barque and appurtenances and cargo or lading, first giving six days notice, at least, of the time and place of sale, by advertising the same in the Boston Courier, one of the newspapers printed at Boston, and by proclamation of the town cricr, in the usual form, on the day of sale; the money arising from the sale to be paid into the Registry of the said Court, to be disposed of as the law in this case directs. And to make due return of his doings therein. 15 MOTION FOR RESCINDING ORDER FOR SALE. On the twenty-first day of January, A. D. 1859, the following motion of Claimants that the foregoing Order for sale be rescinded, was filed, viz: District Court oF THE UNITED STATES. District of Massachusetts, Unitep Srates, by Information, vs. Bark IsLE DE CuBA AND LapIne. And now the several Claimants in the above entitled matter come and move that the order for the sale of said property, which was passed on the fifteenth of this month, may be rescinded, in order that the sev- eral Claimants may have an opportunity to stipulate for the said vessel and her cargo, in the event that the same is appraised at such an amount that it will be in the power of said Claimants, or either of them, so to do. And the said claimants state that after order for the warrant for the appraisal of said vessel was passed, the appraisers found that it was necessary to discharge the said vessel, in order to appraise the cargo; and thereupon the Proctors of the claimants, as soon as they were informed of this, wrote to the Counsel of the said claimants in New York, where the claimants reside, informing them of the fact, and requesting instructions, whether they would authorize them to incur said expense. This letter, tho’ mailed on the tenth of this month, was de- layed in its carriage to New York by the state of the weather, and did not reach the Counsel in New York ’till the fourteenth, and their reply, tho’ mailed on said fourteenth, did not reach the said Proctor’s ’till the seventeenth; that this reply authorized the said Proctors to incur said expense, and they at once informed the District Attorney of said reply, and also the Marshal, and the appraisers thereupon commenced making said appraisement and are still engaged thereon. That it is impossible for said claimants or either of them, as they live in New York, to stipu- late for said vessel or cargo without some little delay after they ascer- tain the amount of the appraisement; but they have informed their 16 Counsel that if it is appraised at such a sum as they can afford, that it is their intention to stipulate for the same. Wherefore the claimants pray that the said order may be rescinded, that they may have a reasonable time, after the appraisment is complete, to stipulate for said property. District oF MASSACHUSETTS, January 21, 1859. And now Charles A. Welch, on oath declares, that the matters herein stated are true to the best of his information and belief. Before me. Thereupon, viz, on January 21st, 1859, the Court ordered that the foregoing order for the sale of said barque and lading be rescinded. And the Marshal, having been duly notified thereof, he made the follow- ing return of said order of sale, viz: Unirep States oF AMERICA, District of Massachusetts. Boston, January 21, 1859. Pursuant to this precept I have caused the barque Island of Cuba, and her tackle &c., and lading within named, to be advertised to be sold by public auction, and to the highest bidders, at Boston, on the day, hour, and place therein directed, having given six days previous notice of the time, place and manner of the sale in the Boston Courier, and on the said 21st day of January, the within warrant for sale having been revoked by an order from the U. S. District Court, Ireturn this warrant without service completed. WATSON FREEMAN, United States Marshal. Then, on the twenty-ninth day of January, A. D. 1859, upon the mo- tion of the U.S. District Attorney, and upon his representation that same was perishable, by order of the Judge, a warrant to sell the lading of said bark issued, commanding the Marshal to sell the same to the 17 highest bidder at public auction, at Boston, within said district, on the fourth day of February next coming, at twelve o'clock noon, first giving four days notice at least, of the time and place of sale, by adver. tising the same in the Boston Couricr, one of the newspapers printed at Boston, and by proclamation of the town crier, in the usual form, on the day of sale; the money arising from the sale to be paid into the Registry of the said Court, to be disposed of as the law in this case directs, and to make due return of his doings herein. On which the Marshal made return as follows, viz: UnIveD Srates oF AMERICA, District of Massachusetts. Boston, February Ath, 1850. Pursuant to this precept I have caused the goods, wares, and mer- chandise within named to be sold by public auction, and to the highest bidder, at Boston, on the day, hour, and place therein directed, having given four days previous notice of the time, place and manner of the sale in the Boston Couricr, one of the newspapers printed in said Bos- ton, and by the town crier on the day of sale, and at such sale the pur- chasers were as under. LOT. G.S. Winslow, 1 3 cases blue drills, 3977 yds. Tt 288 33 H. Smith & Co., 2 1 bale sheeting, 790 * 6 47 40 J. W. Hannum, 3 10 bales stripes, 6000 a 54 315 00 a 4 5 cases hdkfs, 500 doz. 524 262 50 G. 5. Winslow, 5 8 bales tickings, 6387 yds. 54 351 29 J. W. Hannum, 6 13 “ blue dennims, 10,400 i 6 624 00 a 7 4 cases boilers, 22.50 90 0 a 8 66 bbls. rice, 15,180 lbs. 23 417 45 a 9 44 bbls. bread, 3500 & 24 82 50 a V 10 109 water casks, 13,500 gals. 3.00 327 00 ae 11 49 boxes herrings, 123 6 13 ‘ 12 AT boxes cod fish, 1.50 70 50 i: 13 115 painted pails, 9 10 35 Daniel Newell, 14 17 crates crockery ware, 20.00 340 00 C.F. Wells, 15 5 bags salt, 15 3°75 5 LOT. Faxon, 16 J. W. Hannum, 17 Enos, 18 J. W. Hannum, 19 Holmes, 20 J. W. Hannum, 21 Enos, 22 Enos, 23 Enos, 24 J. W. Hannum, 25 C.F. Wells, = 26 Faxon, 27 R. Kisner, 28 J. W. Hannum, 29 Jas. Powers, 31 H. Loring, 32 Faxon, 33 Faxon, 34 G. 8. Winslow, 35 J. W. Hannum, 36 tf 37 Faxon, 38 Jas. Powers, 39 Enos, 40 Dilloway, 41 C. Andre, 42 Enos, 43 a“ 44 “ 45 o 46 “ Al Faxon, 48 “ 49 “ 5U Dilloway, 51 18 be 10 bags black beans, d bbls. flour, 1 bbl. dried apples, 1 bbl. pickled herrings, + bbls. pork, 12 bbls. beef, 1 keg lard, ow Ne 1 2 He 130 Ibs. 63 14.50 8.00 1.75 4.12% 10.124 2 qr. bbls. mackerel, 2 bbls. vinegar, boards and joist, 10,000 ft. 1 ullage cask wine, l “ “ 1 lot sweet oil, molasses, 2 boxes macaroni, 8s 1.25 6.00 4 piano covers, 2 rolls rubber cloth, “ 1 roll enamel’d “ a 15 rubber aprons, 3 2 ps. cotton duck, 6.75 1 box de oxide d sodium, 3 boxes medicines, 5.25 hatch iron and rods, guns and sabers, 1 ullage bbl. bread, 1 “ 1 “c = &“ 1 lot of mackerel, “ dried apples ? “ rice, “ sugar, “beans and onions, “ (sundries) tea, &c., part bag coffee, 1 box cheese, camphene, rum and wine, 2 bbls. peas, 1.123 1 coil rope, 101 —_ HKoOonbarnar a oe oe ww BP tO me eH eT DS oe Re oO 50 50 75 50 13 20 25 00 37 00 00 25 63 2 50 bo 25 75 19 Enos, 53 1 box salt, 1 75 # 54 1 keg lard, Powers, 55 4 kegs white lead, 2 kegs black, fe 2 kegs black paint, wee 6 00 Dilloway, 56 2 bbls. tar, ullage, 50 1 00 Powers, oT 1 “ boiled oil, ullage, 4 13 J. W. Hannum, 58 2 cords of wood, (more or less,) 14 00 Dilloway, 59 1 basket empty bottles, 15 J. W. Hannum, 60 1 medicine chest, 10 50 Faxon, 61 1 lot dry goods, 6 00 Faxon, 62 1 box and contents, 50 Lading of barque Island of Cuba, $3,713 06 Charges aud Dishursements. Ser. and trav. $2.06; advg. $5; pro. 60; erier, 75, $8 41 5 Discharging cargo, $30; storing cargo, $25, 5 00 Wharfage, $25; storage 3 months, $60, 85 00 Custody from Oct. 20 to Feb. 5, $109, 109 00 Labor scheduling and arranging for sale, $35, 395 00 Auctioncer, $185.65; 2 copies for Treas. Dpt. $2, 187 65 Commissions, $52.66, 52 66 532 72 $3,180 34 Whereby the net sales amounted to thirty-one hundred eighty dol- lars, thirty-four cents, which I pay over to S. E. Sprague, the Clerk of the Court aforesaid, to be disposed of as the Court directs. Attest: WATSON FREEMAN, Marshal. Received from Watson Freeman, Marshal, thirty-one hundred eighty dollars, thirty-four cents, being (as he saith) the proceeds of the fore- going sale; the monies to be disposed of as the Court directs, and for which | have signed three receipts. Clerk. Boston, Feb. 1859. 20 On the second day of February, A. D. 1859, the bond for the ap- praised value of said bark was filed in the clerks’ office, and is as ful- lows, viz: KNoW ALL MEN BY THESE PreseNTS, That we, George M. Rea, of New York, in the Southern District of New York, as principal, and Edward D. Sohier and Charles A. Welch, of Boston, in the District of Massa- chusetts, Attornies at Law, are held and firmly bound unto the United States of America, in the just and full sum of three thousand six hun- dred dollars, to which payment, well and truly to be made, we bind our- selves, our heirs, executors and administrators, jointly and severally, by these presents. Sealed with our seals and dated this day of in the year of our Lord one thousand eight hundred and fifty-nine. Wuereas, The barque Island of Cuba, her tackle, apparel and furni- ture, has been arrested by the U.S. Marshal for said District of Mas- sachusetts, upon the Libel or Information filed in said U.S. District Court for the District of Massachusetts, by the United States Attorney for the said District, for certain violations of the laws of the United States, as is alleged in a Libel or Information now pending in the District Court of the United States for Massachusetts District; which said libel or information was filed in the Clerk’s office of said Court on the twen- tieth day of October, A. D. 1858; and on the petition of said George M. Rea, claimant as owner of the said barque Island of Cuba, the same has been apprised at the sum or value of three thousand six hun- dred dollars. Now the condition of this obligation is such, that if the said George M. Rea shall abide the decision of the proper court of the United States, touching such seizure, and in case said barque Island of Cuba shall be decreed forfeited on said Libel or Information, and said forfeiture shall not be remitted, shall pay or cause to be paid unto the said United States, the aforesaid sum of $3,600.00, after deducting therefrom such sum or sums, if any shall be decreed hy the Court, in fa- vor of the libellants in the case of Charles Smith and nine others against the said barque Island of Cuba, now pending in said Court, 21 without fraud, coven, or delay, then the foregoing obligation to be void otherwise to remain in full force and effect. GEORGE M. REA, [Seal.] Sealed and delivered in presence of CHARLES N. BLACK. EDWARD D. SOHIER, [Seal.] CHARLES A. WELCH, [Seal.] C. W. Lorrxe, to E. D. Sowier and C. A. WELCH. And on the third day of February, A. D. 1859, by order of the Judge, a warrant issued, directing the Marshal to cause said barque Island of Cuba to be delivered to George M. Rea, the claimant thereof, as afore- said, or to Charles A. Welch, Esq., his Proctor. On which the Marshal made return as follows, viz: Unitep States oF AMERICA, Massachusetts District, ss. Boston, February 3d, 1859. Pursuant to the within precept I have caused the within barque Island of Cuba and appurtenances to be delivered to the claimant within named, and have taken his receipt for the same, as under. WATSON FREEMAN, Marshal. Boston, February 3d, 1859. Received from W. Freeman, Marshal in and for the District of Massachusetts, the within named bark Island of Cuba, in the same state as when seized and detained by his deputy. CHARLES A. WELCH, Ait’y of Geo. M. Rea. 22 On the ninth day of February, A. D. 1859, the following motion of George M. Rea, the claimant of said barque, that said vessel be re- arrested and the bond and stipulation cancelled, was filed in the District Court, viz: District Court or THE Unitep STATES, : Rte In Admiralty. Massachusetts District, ss. i J In Cause Unitep States, by Information, vs. Banque isLanp DE Cuna, AND CHARLES SMITH AND OTHERS vs. THE SAME. To the Honorable Peleg Sprague, Judge of the District Court for the District of Massachusetts : And now George M. Rea, claimant of the said barque, and to whom the same has been delivered by the Marshal of this District, under an order of this Court, upon his, the said Rea’s, filing a bond for her appraised value and entering into a stipulation to pay the sums, if any, recovered in the libel suit of Charles Smith and others, comes and prays this Honorable Court that said order, bond and stipulation may be vacated and cancelled and a new warrant issued to take said vessel, the same lying now at Fiske’s Wharf, in the harbor of Boston. By his Proctors. SOHIER & WELCH. And at the same time the consent of the United States Attorney, and Charles Smith and others, to the above motion was filed in Court, viz: And now comes the United States by their Attorney, and waives any objection to the aforesaid prayer and motion of the claimants in said cause. CHAS. LEVI WOODBURY. United States District Attorney. 23 Unitep States Court, Masssachusetts District, ss. : Aan Admiralty. In Causes Unitep Srares, by Information, vs. Banque Istanp DE CUBA, AND CHARLES SMITH, AND AL, vs. SAME. I make no objection, in behalf of Smith and als, to the application of claimant, George M. Rea, to have the order to deliver the bond and stip- ulation annulled and cancelled, and new warrant issue to the Marshal to take the vessel. J. HARDY PRINCE, Proctor for Smita et al, vs. Banque Ista DE Cusa. Thereupon, to wit, on said ninth day of February, A. D. 1859, a war- rant issued commanding the Marshal again to take the barque Island of Cuba, her tackle, apparel and furniture, into his custody, and them safely keep until the further order of the Court. And to make due return of his doings. Whereon the Marshal made return as follows: Unitep STaTES OF AMERICA, Massachusetts District, ss. Boston, February 9th, 1859. Pursuant hereunto, I have taken the within named barque Island of Cuba, her tackle, apparel and furniture, into my custody on this warrant. WATSON FREEMAN, : U.S. Marshal. And on the tenth day of February, A. D. 1859, it appearing to the Court that the Marshal had taken possession of said barque Island of Cuba, her tackle, apparel and furniture, and that she was then in his 24 custody, it was ordered that the bond already given by the claimant for said vessel be discharged and cancelled. And thereupon said bond was discharged and cancelled, according to the foregoing order. And on said tenth day of February, A. D. 1859, the following motion of the United States District Attorney, that said barque be sold, was filed, viz: Unitrep STATES OF AMERICA, District of Massachusetts. Unirep States vs. Banque Isha DA CUBA. To the Hon. Peleg Sprague, Judge of the United States District Court for the District of Massachusetts. Respectfully represents Chas. Levi Woodbury, U.S. Attorney, that the barque Isla da Cuba, her tackle, apparel and furniture, are now in custody of the United States Marshal, in virtue of a warrant of arrest duly issued by this Court, on the surrender of the said vessel by George M. Rea Esq., claimant, and that the bond of said claimant being duly cancelled, the said vessel, her apparel and furniture, are daily deteriorating, and the costs and expenses of custody are accumulating, to the great injury of the proceeds of said vessel, to whom they may belong. Wherefore your petitioner pray your honor to order the same to be sold by some short. day, and that the proceeds may be paid into the registry of this Court to abide the final decree and order of the same. CHAS. LEVI WOODBURY, U. S. Attorney. Thereupon, to wit, on said tenth day of February, A. D. 1859, by order of the Judge, a warrant issued commanding the Marshal to sell to the highest bidder, at public auction, at Boston, within said District, on the sixteenth day of February, instant, at 12 o'clock noon, the said barque Island of Cuba and appurtenances, first giving four days notice, 25 at least, of the time and place of sale, by advertising the same in the ‘ Boston Daily Courier,’ one of the newspapers printed at Boston, and by proclamation of the Town Cricr, in the usual form, on the day of sale; the money arising from the sale to be paid into the registry of the said Court, to be disposed of as the law in this case directs. And to make due return of his doings herein. And the Marshal made return as follows, viz: UNITED STATES OF AMERICA, District of Massachusetts. Boston, February 16th, 1859. Pursuant I have caused the bark Island of Cuba, within named, to be sold by public auction, and to the highest bidder, at Boston, on the day, hour and place therein directed, having given four days previous notice of the time, place and manner of the sale in the Boston Daily Courier, of the newspapers printed in Boston, and by the Town Crier on the day of sale, and at such sale the purchasers were as under: Geo. M. Rea, bark Island of Cuba, $3,350 00 Charges and Disbursements. Ser. and trav. 3.06; adv’g, 5.00; pro.,.60; crier,.75; 8 41 Unbending sails twice, 15.00; auctioneer, 33.50; 48 50 Dockage, 174.00; rigging in jibboom and making fender, 6.00 ; 180 00 Keeper and custody from Oct. 20 to Feb. 16, 1859, 287 50 Duplicate copies for Treasury Department, 2 00 Fuel, 13.00; oil,2.50 ; labor and attending sale, 10.00, 25 50 Commissions, 48.12; bill sale, 5.00 53 12 $605 03 $2,744 97 Whereby the net sales amounted to twenty-seven hundred forty-four dollars nincty-seven cents, which I pay over to 8. E. Sprague, the Clerk of the Court aforesaid, to be disposed of as the Court dircets. Attest, WATSON FREEMAN, Marshal. 7 26 Received from Watson Freeman, Marshal, twenty-seven hundred forty-four dollars ninety-seven cents, being, (as he saith,) the proceeds of the foregoing sale, the monies to be disposed of as the Court directs, and for which I have signed three receipts. S. E. SPRAGUE, Clerk. Boston, February 26th, 1859. Z7 FOR THE UNITED STATES. DEPOSITION OF JACOB M. SMALLEY, Taken and sworn to at Boston, in the District of Massachusetts, on the fourth and fifth days of February, A. D. 1859, before Sidney Web- ster, Esquire, Commissioner. Int. 1. What is your name, age and place of residence ? Ans. My name is Jacob M. Smalley; shall be twenty-two years of age the 13th day of next October; my home is Burlington, Vermont; my occupation is that of seaman. Int. 2. Whether or not you were at the islands of the Azores within the past year? Ans. Yes. Int. 3. Whether or not you then saw barque Isle de Cuba? If so, when and where, and who was her master ? Ans. I did see said barque, about 6th of September, 1858, at an- chor in harbor of Fayal; Jonathan 8. Dobson was master. Int. 4. Whether [or] not you were on board the said barque? And if so, for how long ? Ans. Iwas aboard of her; I went aboard of barque at Fayal and remained all night; I went on shore in morning for about half an hour and returned on board, and then barque set sail for St. Michaels with myself as passenger, where we arrived in about twenty-four hours from Fayal; I left barque at St. Michaels the day she reached there; was on board of her once, think twice, while she lay at St. Michaels. Int. 5. What persons were living in cabin of Isle de Cuba, and their names ? Ans. Aman named Correa, with Antonio and Nett, and a fourth person whose name I do not know, also Smith, the second mate, and 28 Turner, the first mate, and a cabin boy called Lewis, and myself; these were all in the cabin. Int. 6. Did those in cabin mess together, and what directions or advice, if any, did Capt. Dobson give you concerning meals ? [Substance of this interrogatory objected to.] Ans. All those persons messed there but second mate and cabin boy; Dobson told me, before I went on board, not to drink any wine, unless I saw him turn the wine from the bottle first; there were always two bottles of wine on the table. Int. 7. Where was this wine taken from, to whom did it belong, and how distinguished ? {This question objected to.] Ans. It was taken from the after cabin; there was always a bottle or bottles in the pantry in the forward cabin; a bottle from the pantry was sct on the lower end of table and a fresh bottle taken from the after cabin was put at the head of the table, near the captain; I don’t know to whom it belonged; Captain said it was put on board among the small stores; the passengers had access to after cabin, but were watched by the captain, the mates and the cabin boy. [The part of last sentence commencing “but were watched, &c.,” is objected to as irresponsive. ] Int. 8. Whether or not the captain assigned any reason for requesting you to drink out of his bottle only, and if so what was it ? [This question objected to.] Ans. The captain assigned the reason that he thought the passen- gers wanted to poisonhim. = ~~ ~Tnt. 9. What steps of precaution, if any, did the captain take after he expressed this thought to you? [This question objected to.] Ans. We did take precaution, and told me to remain awake while he slept and he would remain awake while I slept; he had the cabin-boy sleep with a hatchet under his head; he requested the mate to have his axe in readiness for use; he requested me not to drink any wine unless I saw him pour wine from the bottle first; he told me if I was in the after cabin at any time when the passengers were there to see that any of them did not go into his state-room. 29 Int. 10. Whether or not the captain assigned any reason for his suspicions ? [This question objected to.] Ans. He assigned reason that passengers had tried to poison him while at Fayal. a a eee Rae Gee ig nt. 11. Whether or not he assigned to you any object to induce passengers to take his life ? [This question objected to.] Ans. He did. He said he thought they were suspicious of his action in Fayal, and that if they could get rid of him they might induce the mate to go on to the coast of Africa. Int. 12. Where did the captain leave the ship ? Ans. At Point Delgardo, one of the ports of Saint Michaels. Int. 13. Whether or not the captain expressed any fears of the passengers as among the reasons which induccd him to leave the ship, and if so what? {This question objected to.] ‘Ans. He did not as among the reasons for leaving the ship. Int. 14. Whether or not the captain informed you what the return cargo of the barque was to be ? [This question objected to.] Ans. He did not directly; he only told me what his suspicions were. Int. 15. State what he told you ? [This objected to.] Ans. He told me that the charterers of the vessel were concerned in the slave trade, and that they had at that time vessels on the coast for slaves, and that there were sea-captains in prison in the State of New York, (who were in their employ,) because they would not expose their employers; he said that he suspected the barque to be a slaver and bound to the coast of Africa for slaves. Int. 16. Have you ever seen Captain Dobson write ? Ans. Ihave. Int. 17. Whose handwriting is the paper handed you? [This objected to.] 8 30 Ans. I should judge it was Dobson’s, but am not willing to swear positively. Int. 18. At the time the barque left St. Michaels whether or not Capt. Dobson informed you he had sent letters, and if so what Ictters, home with her? [This question objected to.] Ans. He did, and told me he had written to his lawyer in New York, (Charley Donahue,) and to George Roosevelt. Int. 19. Whether or not at any time Captain Dobson showed you any of the ship’s papers or of his instructions? If so name them. Ans. He showed me two letters of instruction and a bill of sale of the vessel. Ido not know where they are now. [The Attorney for the U.S. here called on the Counsel for the Claimants to produce them.] Int. 20. State purport of bill of sale and letters of instructions. [This objected to.] Ans. The bill of sale (of barque “Isle de Cuba”) was to Captain Dobson; don’t know who it was from; one letter instructed him how to proceed when he arrived on coast of Africa; it was in a peculiar hand, which looked more like print than writing; the instructions were peculiar; I could not understand them; they were written in English, , though IT did not know what they meant ; they told him to go to certain “points on the coast — which points I do not remember name of — and hoist a certain colored flag, and if it was answered by a flag of a certain color, specified in the letter, he might allow a pilot to come on board, but if it was not answered, and satisfactorily, he must stand off and on from the coast until he did receive a proper signal from shore, and then to allow a pilot to come on board; I don’t remember signature; could not swear there was a siguature; that was full contents of that letter ; _ the other letter seemed to be a contract stating what share he should _have in the voyage, if successful; that was substance of that letter. Int. 21. How long did you remain at St. Michaels with Captain «Dobson ? ~ Ans. Cannot say precise time, but think about six weeks. aye Int. 22. Whether or not these passengers sailed from St. Michaels in the barque ? 31 Ans. They told me afterwards that they did. [Objected to.] I did not see them sail. Int. 23. When and where did you next see these passengers after you left St. Michaels ? Ans. I saw them at Fayal in the first part of the month of October ; it was in the street in front of American Consul’s office; I was in com- pany with Captain Dobson. Int. 24. Was Correa one of them? Ans. He was not. Int. 25. Whom did you and the captain meet in front of the Con- sul’s? Ans. No one but Nett. Int. 26. Was any statement how and where they left the barque made by Nett at that time ? [ Objected to.] Ans. Yes; he said the barque struck a rock in getting out of Point Delgardo and stove a hole in her bottom, and that she had eight feet of water in her hold, and they were obliged to leave her in order to pre- serve their lives. They left her off the island of Caroo. He told me the latitude and longitude the vessel wasin at that time, but I have for- gotten them. [All this objected to.] Int. 217. Where and when did you and captain meet the other passen- gers and what was said by them. [Latter part of question objected to.] Ans. We met passengers Corea, Antonio, Nett and another, whose name I do not remember, in front of Silva’s Hotel; the same day I met Nett in front of Consul’s office; Correa said to Dobson, “I thought you knew all about this voyage; Dobson answered, “I knew enough about it not to get myself into your clutches so that I cannot get out; Correa then asked Dobson if he “ would not speak a good word to the Amer- ican Consul for him,” Dobson said he would, he did not wish to detain any of them; that is all. Int. 28. Was anything said at that interview respecting how these men left that ship ? AK 32 Ans. 1 cannot swear that there was at that time, but there was sometime while I was at Fayal. Int. 29. State what was thus said and by whom ? [ Objected to.] Ans. Corea said he asked the mate to land them on the island of Flores, but that mate refused to do so or to go into any other port ex- cept a port in the United States; the mate said if they desired to go ashore they might take a boat which was on the deck, with provisions and fresh water enough to ballast them and leave the ship, that he should be very glad to get rid of them; that is all which I can remem- ber. Int. 30. Did you ever hear any of the other passengers make a sim- ilar statement to that of Nett. [Objected to for form and otherwise. ] Ans. I have; he (Corea) also stated that ship struck a rock going out of port Point Delgardo, and that she had eight feet of water in her hold when they left her; the captain, the other three passen- gers and myself were present when Corea said this; this was same day we had the conversation with Nett. Int. 31. Whether anything was said by either of them as to what statement they had or should make to the Consul ? { Objected to.] Ans. I do not recollect anything said. Int. 32. Were you present at any interview between the Consul and these passengers ? Ans. No. Int. 33. Whether or not you ever heard either of these passengers make similar statements in relation to the barque striking a rock, to any other person than you and the captain ? Ans. No. : Int. 34. Did they apply for passage back in the same vessel you came in? Ans. They did, and also in the Consul’s barque. Int. 35. Did they come with you, and if not, why not? Ans. They did not come with me; Captain Cochran could not take them. 33 Int. 36. Why? Ans. He had not berths enough in his cabin. Int. 37. Whether or not these men were detained by the authorities there? And, if so, how and for what? { Objected to.] Ans. They were; the American Consul told me that the Portuguese Government held them until he should be satisfied that they had not murdered the crew of the barque “Isle de Cuba,” and scuttled the ves- sel and came ashore, and also told me that he would not grant them passports unless they would allow themselves to be delivered up to the Marshal of the United States when they arrived in the United States, and also said that they refused to come to the United States in that way. [This answer objected to.] Int. 38. Did any of these four passengers leave Fayal while you and captain were there, and where did they go? Ans. Yes; two left—Nett and another; Nett for St. Michaels and the other for St. George. Cross-Interrogatories by Mr. Welch, for Claimants. Cross-Int. 1. How did you go to Fayal, and when did you arrive there ? Ans. I went before the mast in a whaler and arrived there about sixth of September. Cross-Int. 2. (De bene esse.)—In answer to the ninth interrogatory have you stated all the precautions the captain took ? Ans. Yes, all that I can remember. Cross-Int. 3. (De bene esse.)—Did captain tell you what you have stated in answer to the ninth interrogatory before or after you went on board the vessel ? Ans. Before and after, both. He told me a number of times, both at the hotel and on board the ‘Isla de Cuba.’ 9 ot Cross-Int. 4. (De bene esse.)—Is the reason given in the eleventh interrogatory the only reason given by the captain ? Ans. I don’t remember any other; he talked so much I don't remember all his conversation. Cross-Int. 5. (De bene esse.)—Who was present when captain stated to you his suspicions of passengers ? When and where was it ? Ans. No one was present; it was in September and at Silva’s Hotel in Fayal and on board ‘Isla de Cuba.’ Cross-Int. 6. (De bene esse.)—Where was he when he stated to you on board the vessel? and at what time ? Ans. In the after cabin and cannot state the time. Cross-Int. ‘1. (De bene esse.)—Where was your berth ? Ans. In the after cabin next to captain’s. Cross-Int. 8. (De bene esse.)—Did you have your conversation with him mostly at night after you had turned in? Ans. It was in the night mostly, but not after we turned in. Cross-Int. 9. (De bene esse.)—When and where did captain show you the bill of sale and the letters of instruction ? Ans. In Roderich’s Hotel, at St. Michacls, and on board of the H. H. McGillory; he showed them to me twice only as near as I can remember. Cross-Int. 10. (De bene esse.)—Who was present ? Ans. No person the first time at Roderich’s Hotel; the captain of H. H. McGillory was present the last time, and I think the mate, (named Patterson,) but am not certain. Cross-Int. 11. (De bene esse.)—Did they all read them ? Ans. They were handed to Capt. Cochran, one letter was; do not know about both, together with the bill of sale. Cross-Int. 12. (De bene esse.)\—Have you stated exact words of those letters of instruction or only what you recollect as part of the substance 2 Ans. Ihave not stated the exact words, but I have stated what I remember of the substance of the letter. Cross-Int. 13. (De bene esse.)—Did you see much of the passengers the second time they were at Fayal? Ans. I saw them in the street a great many times, but do not 30 remember of having more than four or five conversations with them; all these conversations were in the street but one, which was in the entry or hall of the American Consul’s office. Cross-Int. 14. (De bene esse.)—Did these passengers all speak Eng- lish very well? Ans. No; Antonio and another spoke very little English indeed; Corea spoke broken English; I could converse with him in English; Nett spoke better English than Corea; never saw him at a loss, though he did not speak very plain. Cross-Int. 15. (De bene esse.)\—In your account of conversations with these passengers do you give the words used or merely what you recollect as substance of part of what was said ? Ans. I do not; I only give part of the substance of the conversation. Cross-Int. 16. (De bene esse.) —Were you with Capt. Dobson when he consulted a physician as to his sickness, and did you hear statement of his case to the physician ? [ Objected to.] Ans. I was, and did hear statement. Cross-Int. 11. (De bene esse.)—Did he say anything about being poisoned ? [ Objected to.] Ans. Ido not remember that he did to the physician. Cross-Int. 18. Did you see much of Captain Dobson about this time ? [ Objected to.] Ans. After I got acquainted with him till we arrived in Boston I was with him most of the time. Cross-Int. 19. What was the state of his health ? [ Objected to.] Ans. Poor,as nearas I can judge; When I was made first acquaint- ed with him at Fayal I thought him very low for a man to be on his Cross-Int. 20. Have you had any pecuniary dealings with Capt. Dobson, or he with you? Are you now indebted to him? Ans. Ihave, and do not know how our accounts stand. 36 Examination renewed by Mr. Woodbury. Int. 1. Whether or not captain was on the coast of Africa? [ Objected to.] Ans. He told me that he had been there a number of times. J. W. SMALLEY. DEPOSITION OF CHARLES SMITH, Taken and sworn to at Boston, in the District of Massachusetts, on the tenth day of November, A. D. 1858, before Willian S. Dexter, Esq, Commissioner. Charles Smith, shipped August 10th, on board Isla de Cuba, 2d mate, As soon as I got on board we went into the stream and next morning went to sea; went into Fayal about Sept. 6; nothing done there in particular—laid there 7 or 8 days and went to St. Michaels; there we discharged 20 bales or so of dry goods, and there the captain left us; he took his clothes and went ashore; we laid 3 days after and then we left; that’s all I know about the captain; I saw how ship was fitted out after we left St. Michaels; she had water casks; can’t say how many, but to all appearance the lower hold was full; she had six mus- kets, six swords, and a box of long iron rods, 9 or 10 feet long and 2 inches round; we had 4 passengers from New York to S. Michaels. We found 3 or four big boilers, with a stove fixed underneath; about 100 barrels of rice, 30 @ 40 barrels of bread, lot of dry goods, cotton handkerchiefs, and blue cotton stuff; ship wasn’t quite full; 8 @ 10 crates crockery; then boards, lot of them, 200 or more; nothing else but provisions; we got ten bags beans in St. Michaels; I know noth- ing about captain’s leaving ship, except that he complained about sick- ness and went ashore. Cross Examination. He took sick and told me he was sick before we got into Fayal, and that he was afraid he wouldn’t be able to proceed on the voyage; ap- 37 peared sick; shipped in New York to goto Loaugo, Patterson shipping master; I signed arts.; got advance; nothing said to me when I ship- ped about slave trade; fresh water in the casks; never beeu to coast of Africa; been a seaman twelve years; never saw a vessel fitted out for slave trade to my knowledge. CHARLES SMITH. DEPOSITION OF CARLOS AUGUSTE CESA, Taken and sworn to at Boston, in the District of Massachusetts, on the tenth day of November, A. D. 1858, before William 8. Dexter, Esq., Commissioner. Carlos Auguste Cesa. Came aboard in St. Michaels; I signed arti- cles and shipped there; Capt. Turner shipped me; was aboard until vessel came here; I went aboard the day she left St. Michaels, after dinner; she sailed before supper; saw all the crew on board; didn’t see defendant; Turner had command; I shipped as cabin boy -— to sweep the floor and clean the table, &c.; saw four passengers aboard ; don’t know their names; don’t know what the cargo was; I saw some water casks; didn’t count them; they were in the hold; I saw six big ones on deck; not a great many in the hold; the passengers didn’t come to Boston; they left her at sea; Capt. Turner thought they wanted to go to coast of Africa to catch niggers; I don’t know except from what the captain said; the passengers used to talk sometimes; I heard them say once that they wanted to fight Capt. Turner; they wouldn't let ie be about them; they used to send me away when they wanted to talk, always; they left the vessel in a big boat; I don’t think they wanted to go; they wanted to go to the coast of Africa; I heard them say they wanted to go to coast of Africa, two days out from St. Michaels; they said so to each other; I didn’t hear them say what they wanted to go there for; after they left we came to Boston; there were bags of beans aboard; did’nt count them; about twenty; the passengers staid in the first cabin; don’t know why Capt. Turner came to Boston; saw dishes in big baskets, five feet long; barrels rice and 10 ce 38 biscuit — one box cloth, about six feet long; one of the passengers said he wanted to come here — Antonio; the others said to him not to come here; he was afraid to go in the boat; the others said he was foolish, and told him to come in the boat. Cross-Examination. I never heard them say they wanted to go to catch nig; I heard them say they had a cargo to go to coast of Africa; they didn’t say before me that they wanted to catch nigs; they spoke Portuguese and Spanish; three of them can talk English; one couldn’t; I can speak Spanish a little; one came down and said the captain was going to take the ship to New York and another said we'll fight him; I shipped to go to coast of Africa and cargo; after we'd been out three days Capt. T. said we were going to New York; Capt. T. told them he was going to New York, and they all got down on their knees and said they wanted to go to coast of Africa. his CARLOS. A. x OESA. mark. Attest: W. S. Dexter. DEPOSITION OF FRANK SMITH, Taken and sworn to at Boston, in the District of Massachusetts, on the tenth and eleventh days of November, A. D. 1858, before William 8. Dexter, Esq., Commissioner. Frank Smith, one of the crew shipped in New York, to coast of Af. rica and back to United States; went aboard August 11th; left August 12th; she was at the wharf when I went aboard; the stevedore was aboard and some of his men; also Mr. Turner, the mate; no one else ; the stevedores were cleaning the decks; left the wharf in the afternoon : went out about a mile and anchored in the bay; left next day about 12 o'clock by steam; the rest of crew came aboard when I did, and the captain and cook after in about an hour; he went ashore again as soon 39 as we anchored, and came aboard again next day about 12 o'clock in the steam tug; four passengers came aboard at the wharf; went ashore for the night, he came off again about 9 or 10 next morning; they were Spanish or Portuguese; the steamer carried us out about six hours; don’t know why she took us so far; then we made sail for coast of Af rica; stopped first at Fayal, 8 or 9 days; captain said he was sick; don’t know whether he was or not; he went ashore same night we got there; we got in about 4or 5 P. M; he went ashore in Custom House boat; Passengers went ashore next morning, all together; they came aboard again the morning we left, about 7 or 8 A. M; we left about 3 P. M.; captain came aboard every day we were there; he looked about. the same as when we left New York; we went to St. Michaels; captain went ashore the same night we got there; we got in about noon, about a month after we left N. Y.; the passengers went ashore also; we staid 5 or 6 days there, sent some of the cargo ashore by order of the pas- sengers, some dungarees and some white stuff for shirts; captain came aboard two or three times; passengers same; captain didn’t come from St. Michaels; don’t know why; three days out Turner asked crew whether they wanted to go to the coast of Africa or back to New York; they said back to New York; I said so because I didn’t want to go for slaves; Turner said we were going for slaves; the same day passengers asked for a boat to go ashore; boats was given them; they didn’t want to go to New York; one of them told me so; they headed for Western Islands; they took some trunks with them and some provisions, 4 or 5 trunks, 3 large ones, about 3 feet long; the crew put them in the boat, E did n’t lift either of them; didn’t hear the passengers say why they wanted to go to coast of Africa; there was bread, rice and beef, in barrels, in cargo; water casks in hold, 3 or 4; that’s all you can see in there; we got some beans in St. Michaels, 9 or 10 sacks: don’t know who sent them aboard; they were put in the hold; I don’t know of any on board before; there were boards about 15 feet long and 1 foot wide; there were enough to make a deck of; there were some bales of dungaree, 15 or 16; some guns in cabin; 2 or 3 there, and 2 swords there; 5 or 6 crates of plates; one passenger came aboard at Fayal and went to St. Michaels; J. M. Smalley; he left ship there; one of the passengers told me that 40 the cargo belonged to him; some bales went ashore at St. Michacls ; dungarees and cottons; about 20; 12 barrels rice went ashore at Fayal ; don’t know by whose order. Cross Examination. One of the bales was open; I could see it was dungaree; some of the bales were open and I could see into them; nothing was said to me when I shipped about the slave trade; I heard nothing of it until 3 days out from St. Michaels; I wanted to go back to N. Y. on account of what Turner told me; got $14 advance in New York. his FRANK x SMITH. mark. Attest: W. S. Dexter. DEPOSITION OF LEVI W. TURNER, Taken and sworn to at Boston, in the District of Massachusetts, on the eleventh, seventeenth and eighteenth days of November, A. D. 1858, before William 8. Dexter, Esquire, Commissioner. Levi W. Turner; mate of Isla de Cuba; shipped at New York Aug. 9th, last, at Patterson’s office. Capt. Dobson shipped me; went aboard Aug. 10; part of the cargo was aboard; I don’t know what; some one- half dozen crates crockery and some twenty bbls. bread and some cabin stores; the voyage was to Loaugo and one or more other ports on the coast of Africa and back to the U.S.; nothing else said about the voyage; she was lying at pier 5, North river; stevedores stowing cargo, bending sails, &c.; left wharf at 11 or 12 o’clock on the 11th and went into the stream; captain not aboard when I first went aboard; don’t ‘know four passengers; one Spaniard, three Portuguese ; one spoke Eng- lish; they brought nothing aboard that I know of; passengers and Capt. D. used to talk sometimes; I don’t know what about; not private conversations; went further than usual with steam. Arrived Fayal Sept. 2d, 5 P. M.; captain went ashore that night; 1 be- Neer — 41 lieve he went ashore to get doctor; he was sick two or three days before we gotin; vomiting; remained eight days at Fayal, lying in the stream ; landed eleven or twelve barrels rice; I had an order from the captain ; sent from shore; don’t know what was done with them; received no cargo; didn’t know when I left New York what the cargo was; don’t know what it is now except from what I can sce on the bales and boxes, &¢c.; I didn’t go ashore at Fayal, nor sce the American Consul there ; the passengers went ashore; captain was aboard once or twice; took one more passenger from Fayal to St. Michaels; Mr. Smalley; captain told me one day on the passage out that he saw by the supercargo’s documents that there were 22,000 gallons fresh water; I don’t remem- ber his saying anything else about the cargo. Arrived at St. Michaels about Sept. 12th; there some eight or nine days; the captain wanted to go there; I believe he wanted some money to bear his expenses; (I heard Mr. Nett say that he was going to raise $1,000 by selling cargo for the captain;) think captain not present; when we got into Fayal captain told me to look into some of the casks in the lower hold and let him know what was in them; I did so; I cut through a platform which was over the barrels, four tiers of boards, and come to one cask; about 6th or 8th Sept. Lying at Fayal, about two or three days after, I found fresh water in that cask; we opened two more coming home, of those in the lower hold; found fresh water in them; I don’t know how many there were ; I think I told captain, on the passage to St. Michaels, that I had found what was in the cask; remained at St. Michaels seven or eight days; discharged twenty-seven bales dry goods; I think J had an order from Capt. Dobson, and one from the Custom House; the passengers sent some ten bags of beans aboard; I think we left St. Michaels same day ; I was ashore when the beans went aboard; (passengers told me they sent the beans — Mr. Nett.) Mr. Rosuia remained aboard nearly all the time at St. Michaels; I think he understood navigation; Capt. asked, before we got into Fayal, whether I would take charge of the vessel; I told him I would if he had anybody to do the trading on the coast; he said he had a super- cargo below — Mr. Curry; I think it was after that he told me there 11 42 was water aboard; at St. Michaels he asked me if I wanted to go the voyage; I told him I should n’t want to go for what I thought she was going after —that I should prefer coming home; he said when he got his money he should give me a letter and order me home; I went ashore to see him at St. Michaels; it was there that he said this; he told me that he suspected it was an illegal voyage. Left St. Michaels Sept. 22d; captain didn’t come; he put me in master, by the American Consul, and gave me some letters to persons in New York, which are at the Custom House, and an order to go to New York, as he considered the voyage illegal; the order is at the Custom House; I have a copy of it, somewhere — not with me now; I will get it. The captain told me to keep all my papers out of the way, so that those passengers shouldn’t steal them; he told me that I should have to look out for them; I shipped a second mate, Orney, and a boy, Carlos, at St. Michaels; the passengers spoke about the boy; they wanted him to go in the cabin; so I took him. I asked the men if they knew when they left New York what they were going after; they said they thought a trading voyage; I told them I considered she wasn’t—that the captain told me he suspected it was an illegal voyage; the third day out I called all hands and the passengers out of the cabin and told them I was going home to the U. S., because I considered that the voyage to the coast of A. was for nigs; passengers didn’t say much—only began to cry a little; they went below after a little; (first, Mr. Nett come to me and said he thought Capt. Dobson had told me where the vessel was going, and all about the voyage ;) (I believe I told him I did know all about the voyage, then ;) they wanted me to run in to Flores and put them ashore; I told him I was near enough to land, and wouldn’t go any nearer; he said they would give me an order on some person, whose name I forget, in N. Y., for $1000, if I would put them ashore; I told him I should n’t go any nearer the land than I was; he said Mr. Curry would give the order; I told them I would give them the boat if they wanted to go; I was glad to get rid of them; I gave them the boat; she was of 4or 5 tons, and they left in her, taking 1 or 2 bales of goods, 43 2 or 3 bbls. of rice, and some fish, and some provisions, and their baggage, 5 or 6 trunks—some large and some small—common trunks; I didn’t lift any of them; we were about 120 miles from Flores, about N.; I gave them the course; they had a roll of charts; (Mr. Nett told me that what they were going to Africa for was to catch nigs;) when the boy came and told me that one of them wanted to fight me I sent for Mr. Nett and asked him what Mr. Curry said; he said he hadn’t said anything; I told him I knew better, and that if they didn’t keep straight I should tie them; Capt. Dobson owned the vessel; his name was on the register; he told me he owned her; showed me a bill of sale; told me that if it was the intention to go after nigs it would get him into trouble, being master of her; arrived at Boston. There were six muskets aboard in the hold and six swords, cutlasses, in the same box with muskets. 1 boiler, 3 @ 4 feet across top, in the hold; buckets 10 @ 12 doz. in the hold. Dry goods, some dungaree, some tickings, some checked cloth. 1 box of long iron rods and flat pieces iron with holes through them; the box was about 12 to 18 inches square; don’t know what the irons were for. Were some beans besides those taken at St. Michaels; don’t know how much. 3 boxes medicine, 2 @ 3 feet square; don’t know what kinds; we had a medicine chest besides, well filled. There were four boxes all alike in the hold; in one of them I saw the boiler. There were 4 tiers of boards, two fore and aft and two athwart ship; it is customary to carry boards in the hold if you want to keep them dry. Cross Examination. I have stated all the conversation I can remember with captain and passengers except that Nett told me that Curry owned the cargo, and I asked him to make it over to me when he left the ship; he did so; I 44 have the paper at the house; I had no object except to get the cargo; to become owner of it; I got $10 from one of the passengers in St. Michaels; got no other moncy from any of them. I think the capt. told me to look at the casks and sec if there was water in them, and if so to make that complaint to him when we got in; I think he told me this before I had any idea about it myself; I think I told him on the passage from Fayal to St. Michaels; the letter of instructions to me has the American Consul’s name and some merchants’ besides the captain’s; when I left St. Michaels it was with the inten- tion to go to N. Y.; Capt. Dobson told me not to let the passengers know where she was going; the vessel cleared from Fayal, St. Michaels, for the coast of Africa; it was on the day they left the vessel that Mr. Nett told me that he supposed I knew about the voyage; I saw one or two of them crying; they didn’t say much anyhow. I think I signed areceipt for some bread which came aboard at N. Y.; the crockery was all on the wharf at the time. Nothing said to me about the slave trade when I shipped, nor at any time, except as [have stated; I shipped at $40 per month, ordinary wages, at Patterson’s office; Ihave sailed out of N.Y. once before; don’t know that there was anything peculiar in the manner of leaving port. ashore at Fayal and St. Michaels; I think I had one at Fayal; I think there were no names on the articles when I signed. I'm sure it was the captain who first stated to me that he saw by some of the supercargo’s documents that we had 22,000 gallons of water ; it was on the passage from New York to Fayal, I'm sure; he said he had cleared them as ninety oil casks; I think he told me after leay- ing Fayal that the American Consul suspected the passengers of some- thing, and that I must take care of myself; captain didn’t always come to table; I think captain told me on passage to St. Micbacls that he was recommended to go to the Springs, and that I was to go to New York: I ste Oo New Zoi betarse Thought there would beisome trouble, and I wanted to _be at home; capt. told me he was coming out in the Azor; I think I saw a charter party in Capt. Dobson's trunk at St Michaels; I don’t remember what was in it; the letters given me 45 by the captain were taken out of my room on board by one of the Cus- tom House officers here. Re-examined. Except the dry goods and rice discharged, and the beans taken in as I have mentioned, and what the passengers took, everything on board was in the same state when we came in as when we left New York. Cross examination resumed. { Objected to.] Cross-Int. 1. Are you expecting to derive any benefit from a forfeit- ure of the Isla de Cuba? Ans. No. Cross-Int. 2. Don’t you expect to receive anything from a sale of the vessel if forfeited ? Ans. No. Cross-Int. 3. Do you expect to receive anything from the cargo ? Ans. Yes. Cross-Int. 4. How? Ans. Only from that paper which the passenger gave me. Cross-Int. 5. Have you not said that Dodge had got ahead of you? Ans. I don’t think I have. Cross-Int. 6. Were you not offended with Dodge ? Ans. No. IJ thought he acted very foolish in coming up here after I brought the vessel in. Cross-Int. T. Did you not expect when you brought the vessel into Boston that you would receive a portion of her or her cargo? Ans. I did of the cargo, not of the vessel. Cross-Int. 8. Why did you expect part of the cargo? Ans. Because I had it made over to me. Cross-Int. 9. Have you instituted any proceedings to enforce your claim in the United States Courts ? Ans. No. Cross-Int. 10. Had you any conversation with Smally before coming into Boston about the vessel or her cargo? 12 46 Ans. No. Cross-Int. 11. Had you any before leaving the Western Islands 2 Ans. We might have had on the passage from Fayal to St. Michaels, I don’t remember what it was; I don’t remember whether he said he would meet me anywhere in the United States. Cross-Int. 12. Didn’t you expect to see him here? Ans. No. Cross-Int. 13. Do you remember having any conversation with him about coming to the United States ? Ans. No. Cross-Int. 14. Have you said anything to him since your arrival about expecting any part of the proceeds of the vessel or cargo if for- feited ? ' Ans. I may have told him that the cargo was made over to me by one of the passengers; I think that was all I said about it. Cross-Int. 15. Did you not think that if the vessel was engaged in the slave trade you would be entitled to a portion of the vessel and car- go, if you brought her in? Ans. Yes, if it was proved; I expected to be entitled to part of the proceeds of the cargo; I didn’t think anything about the vessel. Cross-Int. 16. Why didn’t you think anything about the vessel ? Ans. I don’t know. Re-examination. I didn’t think I should get any more by coming into Boston than by going to New York; never went to coast of Africa; never saw vessel in slave trade, or that had been engaged in that trade; the medicine in the cases was in the hold when we left New York; they were taken out on the passage to Fayal; it was taken out by some of the men by cap- tain’s order, and put in the forward cabin; one of the passengers was sick and wanted some medicine; we had a medicine chest aboard. Cross-Examination Resumed. Cross-Int. 1. Have you not been assisting U.S. Attorney in this examination ? 47 Ans. No. Cross-Int. 2. Have you not been sitting by his side and furnishing him with information? Ans. No; not that I know of. Cross-Int. 3. Have n’t you been sitting by him? Ans. During the examination of last witness I have. Cross-Int. 4. Have not you given him information from time to time during the examination ? [ Objected to.] Ans. No sir. Cross-Int. 5. Did he ask you anything? Ans. Only which ones of the crew left N. Y. with us. I here produce the letter to me from Capt. Dobson, given at St. Michaels, and mentioned by me. Marked A—(W. 5. D.) Three letters from Capt. D. to persons in N. Y. Marked B C D. W.s.D.« « These three letters were in the drawer in my room on board; they were taken out by some one and given to the collector of Boston; I handed him the letter of instruction myself, voluntarily. I believe I said at a former hearing, that the cargo was made over to me by a bill of sale; I here produce the bill, (marked S—W. 5S. D.) It is signed by Corrie, one of the passengers, and supercargo, as [I be- lieve; I saw him write and sign it. Cross-Examination. I gave no con’n for the bill of sale. L. W. TURNER. The following papers, marked “S—W. 5S. D.,” “A—W.S. D.” and « GO—W.S. D.,” are referred to in the foregoing deposition of L. W. Turner. e S_W.S. D. 48 Por este de claro que transfera a carga da barca ylha de Cuba a o sur. L. W. Tuarnia. Bordo du bara ylha de Cuba, 25th, Fbr. 1858. J. S. CORREA. A—W. 5. D. Sr. MicHELs, Sept. 22d, 1858. Mr. Turwer,—Sir: As soon as you get from this Port a respective distance you will please steer for New York as I cannot allow you to procede on the roige to Affrica the vessel is cleared for the coast but prudence dictated so also the Consol suffice it to say Iam determined the vessel shall not go to the coast. I consider the voige Eleygal. Respectfully J. 8. DOBSON. Witness : Tuomas Hickiinc, Consular Agent of the United States at St. Michaels. Tuos. H. Anciin, Merchant. O—W. 5. D. St. MIcHELS, Sept. 12, 1858. CHARLES DonanueE, Esq.—Sir: I sailed from New York on the 12th of August as your aware bound to the coast of Africa about two days out I was taken sick. I was obliged to put in to Fayal, Azores, to get medical advice. I was advised by the Consul to go to this port to get medical advice and to go to the Springs for my health about the time I arrived at Fayal the super cargo handed me the invoice I saw on that 22,000 Fresh water that was sufficieant for me Being verry ill I am obliged to send my mate home as Master you will please render him every assistance. The charter party is Correa, via, Cunha Ries— theare is four would be passengers on board the Barque the most noto- 49 rious scoundrels I ever saw tha will try to take the vessel from the mate however I have given him my advice. I do not exactly know but still I think I received an extry dose on the passage out as it regards the consegnment of the Bark you may do as you please I sould Reco- mind Yates & Porterfield I remain Respectfully Yours J. 5. DOBSON. On the envelope, which contained the foreging letter, are the follow- ing endorsements. , BEBEE DEAN AND DONAHUE Corner of Wall Pearl New York Opened by consent without prejudice Mar. 21st, 1860. DEPOSITION OF JOHN THOMPSON. Taken and sworn to at Boston, in the District of Massachusetts, on the seventeenth day of November, A. D. 1858, before William S. Dexter, Esquire, Commissioner. John Thompson, one of the crew, shipped at N. Y., went aboard Aug. 11th; Capt. Dobson, master; don’t know what her cargo then was; found out on the voyage; saw some dungaree; we sent ashore about 24 ‘bales in St. Michaels; there was some left; don’t know how much; I ‘saw some big casks in the hold; 5 or 6; I couldn’t see any more; they were in the bottom of the hold; platform of boards over them; I took some water out of them, fresh water; saw big boxes; four; one was opened: big boiler in it; other 3 boxes were same size; don’t know what was in those; it was a big boiler; hold 4 of a ton; I looked into the box; saw the top of it; didn’t see rest of the boiler; saw lot of buckets; common buckets; don’t know how many; 3 or 4 dozen; some ‘rice in barrels; 5 or 6 barrels; 5 bags beans; passengers bought the 13 50 beans in port; some small boxes in the hold; of fish; I could sce the fish; the boxes not tight; 6 or 8 crates crockery; over the casks were boards; common boards; 2 tiers fore and aft and 2 athwart ship; noth- ing but the beans came aboard on the voyage that I know of. Been to sea 9 years; never been to Africa; heard nothing from the captain or in his presence about going to Africa for any purpose except to carry this cargo; he told us we were going on a trading voyage; it is so in the articles; 4 passengers from N. Y.; I couldn’t understand what they said. Cross-Examination. Nothing said to me whenI shipped about engaging in the slave trade. hi JOHN X THOMPSON, mark. DEPOSITION OF JONATHAN BROWN, Taken and sworn to at Boston, in the District of Massachusetts, on the eighteenth day of November, A. D. 1858, before William S. Dexter, Esquire, Commissioner. Jona. Brown, one of the crew, shipped at N. Y. cook and steward ; went aboard Aug. 12th; vessel in stream; Capt. came 4 to 3 hour after I did; vessel sailed right away; been to sea 11 yrs; always out of N. Y.; tow-boat took us down to close by the Light ship; have been often towed out very near as far; often not near so far; didn’t know what the cargo was when I left; 4 passengers went to sea with us aE left the vessel at Boston; went the voyage; I did ascertain what part of the cargo was, on the voyage; received in St. Michaels 8 @ 10 sacks small red beans, same as our white beans, except in color; no other cargo received during the voyage; we discharged some bales of dry goods at St. Michaels, about 14 @ 2 dozen small bales; we discharged at Fayal 8 @ 12 bbls. rice; nothing else discharged, except what passengers took; don’t know by whose order the beans were received, ol or the other things discharged; the beans came aboard the same day we went to sea; never heard Capt. Dobson say anything about the character of the voyage, nor neither of the passengers. Capt. Dobson left the vessel at St. Michaels because he was sick, I believe; passengers left some days after we left St. Michaels; took a few boxes and barrels; 2 or 3 boxes, about 3 feet by 18 inches; I heard them talk together in Spanish at the time they left the vessel; I could n’t tell what they said; I saw some medicine in 2 boxes; don’t know how much; medicine chest aboard besides; don’t know what kind medicine in the boxes; saw box seidlitz powders in one of the large wooden boxes; saw no irons aboard; saw 2 muskets on deck after we left St. Michaels, and two swords at same time, by main hatch ; I beard nothing said by the passengers, that I understood, about leaving the vessel. Cross-Examination. I saw the 2 muskets passed up on deck from the hold; didn’t see who passed them up; capt. was indisposed the last few days before we got into Fayal; don’t think he was sick all the passage. JONATHAN BROWN. DEPOSITION OF JOHN OMEY, Taken and sworn to at Boston, in the District of Massachusetts, on the eighteenth day of November, A. D. 1858, before William 8S. Dexter, Esquire, Commissioner. John Omey, one of the crew from St. Michaels to Boston, shipped by American Consul at St. Michaels, by request of Capt. Turner. Saw Capt. Dobson frequently there in Consul’s office, in the street, at the hotel; he was present when I was shipped by the Consul. I was ship- ped to come to U.S. I believe; I expected to come to N. Y.; Mr. Turner told me that the vessel had been intended to go to coast of Africa in the first place; Capt. Dobson said nothing to me about it; 52 don’t know except from others why Capt. Dobson staid at St. Michaels; three days out, four persons, said to be passengers, left in the boat. Int. 1. Did you ever hear any of the passengers say anything about the object of the voyage ? [ Objected to.] Ans. I heard one of the passengers say they had been going slaving. I heard one of them, think it was Nett, say they'd have to go to prison if they came back to U. 8.; I couldn’t understand any except Nett; he said they wanted to leave because they’d have to go to prison if they came back to U. 8.; I know nothing about the slave trade; I saw some of the cargo; have been to sea 4 or 5 years; was second mate on this passage; don’t know whether any goods were taken or discharged at St. Michaels; Capt. Dobson said nothing in my hearing about where the vessel was going; I think I was shipped by his consent. Cross-Examination. When Nett said these things about going slaving and about going to prison if they came here, he was on the poop deck; I was there too; I think Capt. Turner was there and the mate, but I am not sure either of them was there at that moment; they were both very near that time; I was within a fathom or a fathom and a half of Nett; if Turner was present he was about amid-ships; I think Rosina was pre- sent, one of the passengers; I don’t know to whom the remark was made; I think Nett was sitting on one of the seats on the house; -it was the morning they left; they left about VI. P. M., I think. JOHN OMY. DEPOSITION OF ADOLF ZEFFER, Taken and sworn to at Boston, in the District of Massachusetts, on the nincteenth day of November, A. D. 1858, before William 8. Dexter, Esq., Commissioner. Adolf Zeffer, Am a German; don’t speak much English; one of the (rset 53 crew; shipped at New York; went aboard with rest of crew; this was the first time I ever sailed out of New York; I first knew what the car- go was after we left Fayal tocome home; didn’t know what it was when Tleft New York; took in no cargo at Fayal, or anywhere except St. Michaels; sent ashore T or 8 barrels rice at Fayal; at St. Michaels, discharged 24 bales dungaree ; took on board at St. Michaels, 9 or 10 bags of beans; took nothing else; don’t know who sent the beans; they came ina boat the day we left St. Michaels; shipped for a voyage to coast of Africa; didn’t know what for; never heard captain say; four passengers on board; I didn’t understand what they said. Cross-exramination. On the passage out the captain was sick. ADOLPH ZEFFER. DEPOSITION OF HENRY ROMAIN, Taken and sworn to at Boston, in the District of Massachusetts, on the nineteenth day of November, A. D. 1858, before William 8. Dexter, Esq., Commissioner. Henry Romain; one of the crew; shipped at New York for a voyage to coast of Africa and back; nothing said to me about what the voyage was for; I went aboard with the rest of the crew; didn’t know what the voyage was for when we left New York; discharged about 12 bar- rels rice at St. Michaels and some 2 dozen bales dungaree; discharged nothing else anywhere; received on board there 9 or 10 bags beans; received nothing else anywhere; the beans came in a boat; there was nobody I knew in the boat; never heard Capt. Dobson say what he was going to the coast of Africa for; never heard that it was anything but a trading voyage until we left St. Michaels; there were 4 passengers; I couldn’t understand what they said; they left the vessel 3 days out from St. Michaels; the captain stopped at St. Michaels; the passengers took about three barrels of rice in the boat with them, a barrel bread, 2 boxes 14 54 of cod fish, a couple of bales; I don’t know what was in them; four or five trunks; I helped put the trunks over the side; they were leather trunks; pretty heavy; pretty large ones; 4 were about the same size ; quite large; captain staid at St. Michaels because he was sick; some stores came aboard at St. Michaels; potatoes and onions; nothing else. Cross-examination. Nothing was said to me when I shipped about going for slaves; I would n’t go on such a voyage if I knew it. J. H. RAMIEN. DEPOSITION OF ISRAEL C. TROW, Taken and sworn to at Boston, in the District of Massachusetts, on the thirtieth day of November, A. D. 1858, before William 8. Dexter, Esq., Commissioner. Israel C. Trow; one of the inspectors at U.S. Custom House, this port; I went aboard the Isla de Cuba on her arrival here by order of the surveyor’s department, with orders to seize the vessel and cargo and examine everything on board, as far as I could; I opened the main hatch and went into the hold; I found a large quantity of bread and rice; I didn’t take an account how much; 10 or 12 bags beans, some cases of h’dk’fs; Icouldn’t tell how many, as the cargo was stowed and I only looked it over without moving any; there were some bales of dennins, some boxes of fish, bundles of pails, several crates; there appeared to be a flooring of boards under the cargo; the boards had been cut through in one place, and I could see two casks under them; the casks contained fresh water; I took no account of the numbers of anything; I saw no boilers; there were a couple of muskets and two swords in the cabin; there were rubber goods in the berths in the cabins; some of the cases in the hold had been opened, and there were some goods of the same kind in the chests of the crew; there was not a great quantity of the rubber goods—-a few roles and do some cloths folded up; I saw no irons; therc was a medicine chest in Turner’s room, and a large jar of cantharides; in the after-hold there were what looked like casks of wine; I took no minutes, and may have forgotten some of the things; I sealed up the cabins and hatches when I left the barque; Thos. P. Wilson went with me; we removed some of the cargo; I removed two or three letters, which I gave to Wm. W. Parker, the Dep. Surv’or; I found one or two of them in Turner’s trunk, and one or two in a desk in the mate’s room; that was all that was removed from the vessel; the seals which I put on the cabin and hatches remained there until the U. 8. Marshal took possession; since then I know nothing, of my own knowledge, of the condition of the vessel or cargo, except that the seals were on when I saw her a week since: but the seals were such that they might have been taken off and put on again without my knowledge; the main hatch had a lock put on it by the Marshal or some one else. ISRAEL C. TROW. DEPOSITION OF THOMAS P. WILSON, Taken, and sworn to at Boston, in the District of Massachusetts, on the thirtieth day of November, A. D. 1858, before William S. Dexter, Esquire, Commissioner. Thomas P. Wilson. Iam an inspector at U.S. Custom House; went aboard Isla de Cuba Oct. 20th; I saw the cargo, but took no account. or minutes of it; I saw boxes, bales, crates, some bags of beans, bbls. of rice and bread, bales of tickings, cases of h’dkfs, boxes of herrings ; Isaw no boiler or irons; there were 2 muskets in the cabin, and 2_ swords; I saw some boards in the hold, with some water casks visible ghro’ a hole which was cut thro’ the boards. T. P. WILSON. 06 DEPOSITION OF JOHN H. RILEY, Taken and sworn to at Boston, in the District of Massachusetts, on the thirtieth day of November, A. D. 1858, before William 8. Dexter, Esquire, Commissioner. J. H. Riley; I am a U.S. Dep’y Marshal; went aboard Isla de Cuba, first, Oct. 20th; had no knowledge of the cargo; went with a warrant to arrest witnesses and Capt. Dobson; before going aboard I went to the Collector, by direction of the U. 8. District Att’y, and asked him to send officers on board; I knew nothing about the cargo until Nov. 26th; on that day I went by order of the marshal to remove the cargo, and did remove it; I found in the hold 17 crates, some very large; 2 or three were broken, in those there were blue edged plates, in another broken one were white mugs; 2 or three of the crates were uncommonly heavy; there were 113 water pails, 4 or 5 bags of salt, 47 boxes codfish, 49 boxes of alewives or herrings, 67 bbls. rice and beans; I saw rice in some, and judged the others to be beans by the rattling; 44 bbls. pilot bread, marked “ Browning & Co., 20 Albany St., N. Y., 4 bbls. flour, one karrel marked as dried apples, a small box pepper, 2 boxes maccaroni, 3 kegs lard, a box epsom salts, a box sweet oil, 17 bbls. salt prov’ns, 2 bbls. cider vinegar, part of a bbl. wine, 4 boxes, 3 very large, one open, the other 3 I opened; 2 or 3 contained large kettles with stove pipes in them; I didn’t open them sufficiently to examine how they would put together; 4 guns and 4 cutlasses in the hold, 2 of each kind in cabin. In the hold was one long box containing iron, ten bolts, each 13 inch diameter and 7 feet long, each with a head at one end anda hole at the other, and another small bolt 6 ft. long, 4 inch diam’r, and a flat piece iron # inch thick, 23 in. wide, with 10 holes 4 or 5 in. apart; it was about 6 ft long; 32 large bales goods, some bales broken, those cont'd tickings, unbleached cotton and dungarees, 8 cases, 1 or 2 quite large, some broken, cont'd fancy check cloth and dungarees; there were also 10 bags of beans in the hold; in the cabin there was an ullage bbl. rice, one beans, 1 bbl. bread, 4 large casks medicines besides the medicine chest, bucket peas, demijohn alcohol, can of oil, divers small 57 stores, 3 rolls India r. cloth, 6 pieces fancy check, 3 pieces dungaree, 5 Ind. r. table-cloths, 23 Ind. r. aprons, 1 piece white sheeting, 1 piece blue cloth; in the hold was a large lot of lumber which I didn’t remove; there were some empty wine bbls. on top of it, loose; I moved a few of the planks to see what was below; as far as I could judge, there were water casks all the length of the vessel; I tasted the water in two or three of them and found it fresh; I had the planking moved in several places, and found casks in each place; on top of the plank deck there was a tier of scanthing each side the vessel, about 2 ft. wide and 2 ft. high, and a large quantity of sawed wood on top of the scanthing, in pieces about a foot long or a little more, laid fore and aft; I didn’t take particular notice of these things, as I didn’t expect to be called to testify; Mr. Bullard was on board the vessel; he had been there ever since she was seized, one of the Marshal’s officers; he went thro’ the hold with me several times, and went thro’ with me the day after I removed the cargo. J. H. RILEY. [copy]—A 2324. INWARD FOREIGN MANIFEST. Report and manifest of the cargo laden on board of the barque Isla de Cuba, whereof Levi W. Turner is master, which cargo was taken on board at New York, and bound for Loaugo, Africa, and now from St. Michaels; burden, 215 tons 17 feet; built at New York City, in the State of New York, and owned by Jonathan 8. Dobson, master mariner, at New York City, as per Register granted at New York, the 7th day of August, 1858, and bound for Boston. 15 08 Marks. Numbers inclusive. Packages and contents, By whom shipped. Cc ED 3 cases Blue Drills 3,977 yards f "y 1 bale Sheetings 1,328 <‘* about, ™~ D 10 bales Stripes RY, 3 cases 37x38 do Handkerchiefs 508 doz. RX 9 bales Ticking D 14 bales do ea 4 cases Boilers ss 80 barrels Rice “ 30. Pilot Bread a 90 * Oil casks “ 50 boxes Herring ae 50 cases Cod fish “s 15M feet Box boards ae 10 doxen Painted Pails Cc 42 barrels Rice M 17 crates Crockery ware The above named bark sailed from New York on the 12 Aug. last, Jonathan Dobson, Master, bound for Loaugo, Africa, with the above cargo; also including 12 barrels rice taken out at Fayal, and 27 bales sheeting and ticking taken out at St. Michaels. This manifest is taken from her outward foreign manifest made in New York, which was found by me among the papers delivered to me by the captain at St. Michaels just before I left, and which was contained in a separate en- velope, sealed up by the authorities at St. Michaels and directed to the authorities at Loaugo. After arriving at St. Michaels, Capt. Dobson informed me that he suspected the vessel was going on an unlawfal voyage, and wished me to take her back toNew York. The wind being more favorable to enter Boston, I have brought her to this port. There were three Portuguese and one Spaniard, passengers on board from New York for Loaugo, and all left me after leaving St. Michaels, 120 miles from Flores. [Signed] about L. W. TURNER. o9 VESSEL AND CABIN STORES. 10 bags beans, 6 « onions, 1 barrel sugar, 6 hams, 1 barrel dried apples, 2 barrels vinegar, 1 barrel wine. On the back of the foregoing manifest is the following: I, Levi W. Turner, do solemnly, sincerely, and truly swear, that the report and manifest subscribed with my name, and now delivered by me to the Collector of the District of Boston and Charlestown, contains, to the best of my knowledge and belief, a just and true account of all the goods, wares, and merchandise, including packages of every kind and nature whatsoever, which were on board the Bark Isla de Cuba, at the time of her sailing from the port of St Michaels, or which have been laden or taken on board at any time since, and that the packages of the said goods are particularly described as in the bills of lading, signed for the same by me, or with my knowledge; that Iam at present, and have been during the voyage, master of the said vessel, that no packages whatever, or any goods, wares, or merchandise, have been unladen, laden, taken out, or in any manner whatever removed from on board the said vessel, since her departure from the said port of 8t. Michaels, ex- cept such as are now particularly specified and declared in the abstract or account herewith; and that the clearance and other papers, now de- livered by me to the collector, are all that I now have, or have had, that in any way relate to the cargo of the said vessel. And I do fur ther swear, that the several articles specified in the said manifest, as the sea stores for the cabin and vessel, are truly such, and were bona fide put on board the said vessel for the use of the officers, crew, and pas- sengers thereof, and have none of them been brought, and are not in- tended, by way of merchandise, or for sale, or for any other purpose than above mentioned, and are intended to remain on board for the con- sumption of the said officers and crew. I further swear that if I shall 60 hereafter discover, or know of any other or greater quantity of goods, wares, or merchandise of any nature or kind whatever, than are con- tained in the report and manifest subscribed and now delivered by me, I will immediately and without delay, make due report to the collector of the port or district of Boston and Charlestown. And I do likewise swear, that all matters whatsoever in the said report and manifest ex- pressed, are, to the best of my knowledge and belief, just and true. I do further swear that I have delivered to the postmaster of this place all letters directed to any persons within the United States, or the ter- ritories thereof, which, under my care or within my power, were brought in the within named vessel, which I command, except such as arc di- rected to her owner or consignee. I further swear that an officer of the customs has applied for an inspection of the manifest of the cargo on board the said vessel, and that a certificate or indorsement has been de- livered to me on said manifest of such cargo. I do further swear, that the register of the said vessel, herewith presented, contains the names of all the persons who are now owners thereof, and that no foreign subject or citizen hath, to the best of my knowledge and belief, any share by way of trust, confidence, or otherwise in the said vessel. So help me God. (Signed) L. W. TURNER. Sworn to before me, this 21st day of October, 1858. (Signed) J. P. ROBINSON, Deputy Collector. Custom Howse, Boston, Feb. 5, 1859. T hereby certify that this is a true copy of the original now on file in this office. J. P. ROBINSON. Deputy Collector. 61 ” ” 0 S ST “yreqy ‘yeq! 9 c GG ” a 9 ¢ LT TST] ‘wq3rqT] L | ¢ | 0 “edd ” 6 c G ” “yred) 8 g 1G “UMOTE ” 6 g 1G ‘y8rT ‘SIT; 9 | ¢ | 8% ” ” ” L ¢ 86 UMOIg Ye ‘yavq! 2 ¢ 88 ” ” 6 ¢ 86 “WAMOIG ‘WYBvy] g g GS ‘soqouy| "yaa “BEL “uoyxaydarog ‘paiy ‘3PH ‘yesnjz10 J *S9}8YG peu) “SPPUTOTPL 4S “s}yasnypousse jy ” ” ” 3 33: ” “HAOR AON “SPPCQOIW “3S “szjasnyovsse yy By ‘YIOX MON ‘aure yy "MIO MON ‘etuvapdsuua gq) ” “sPosntoesse yy “HIOX MON “aUIe] *TaUUOD sapey) ‘za uyor “OTM TT "MOSTEAA 1039 ‘UosWOT.T, UYOr ‘uosuaAa}g adi095 ‘IsuNey "Hf “TayIZ, ydjopy ‘UWS Yue ‘a1OOJl [anueg “YWUS septeyo *‘IQUINT, “AA 'T *suosIag ILY} Jo uoydrrIsoq *sqyaafqns ro suozt]10 Agunod qwya JO ‘DUOPISOY Jo soup J “YIN fo soovl7T *SOULU NT ‘ODNVOT UOA ANNO ‘NOSHOC 'S ‘£ UALSVW SI AOMUTHM ‘“WUOA MAN JO ‘vVanoO Ha WISI] WUVA AHL JO MAYO AHL DNISOMWOD SNOSUAd JO LSIT 16 62 On the back of the foregoing Crew List are the following certificates : I, J. S. Dobson, do solemnly, sincerely and truly swear that the within list contains the names of the crew of the bark Isla de Cuba, together with the places of their birth and residence as far as I can ascertain the same. Sworn this 12th day of August, 1858. Before me. (Signed.) J. WHITE, Dep'y Collector. (Signed.) J. S. DOBSON. NEW YORK. Ido certify that the within is a true copy of the list of the crew of the bark Isla de Cuba, of New York, whereof Dobson is master, taken from the original on file in this office. Given under my hand and seal of office, at the Custom House this 12th day of August in the year of our Lord one thousand eight hundred and fifty-cight. [SEAL. ] (Signed. ) J. WHITE, D. C. I do hereby further certify that the within named persons, who com- pose the company of the above mentioned bark, whereof Dobson is at present master, have produced to me proof in the manner directed in the act entitled “An Act for the relief and protection of American sea- men.” And pursuant to the said Act, and to an act supplementary to the act concerning consuls and vice-consuls, and for the further protec- tion of American seamen, I do hereby certify that the said persons are citizens of the United States of America. Given under my hand and seal of office this 12th day of August, 1858. [SEAL.] (Signed. ) J. WHITE, D. C. Custom House, Boston, Feb. 5, 1859. We hereby certify that the within is a true copy of the original on file in this office. [Suat. ] J. P. ROBINSON, D’y Collector. [Sea.] C. D. LINCOLN, Dep. Naval Officer. 63 (copy. ] FOUR HUNDRED NINETY-TWO. PERMANENT. In pursuance of an act of the Congress of the United States of America, entitled “An Act concerning the ae _ Registering and Recording of Ships or Vessels,” Jona- a than 5. Dobson, of the city, county and State of New i. & | eB York, having taken or subscribed the oath required by q the said Act, and having sworn that he is the only F. BrccER, 2 owner of the ship or vessel called the Ysla de Cuba, of Registers © New York, whereof Jonathan S. Dobson is at present 8 master, and a citizen of the United States, and that the LS. B said ship or vessel was built at the city aforesaid in | & the year eighteen hundred forty-nine, as per Register J. Warre, 7m No. 395, issued at this port June 28, 1856, now can- Dy Collector. f celled, property changed. And said Register having 5 certified that the said ship or vessel has one deck and three masts, and that her length is ninety-seven feet six L. 8. : | | inches, her breadth twenty-four feet, her depth ten feet ‘ three inches, and that she measures two hundred fifteen C. J. FRANKLIN, Dep’y Naval Offcer, tons 17-95ths, that she is a bark, has a square stern, no galleries and no head. And the said Jonathan S. Dobson, having agreed to the description and admeasurement above specified, and sufficient security having been given according to the said Act, the said bark has been duly registered at the port of New York. Given under our hands and seals, at the port of New York, this 7th day of August, in the year one thousand eight hundred and fifty-eight. Annexed to the foregoing registry is the following certificate, viz: Levi W. Turner, having taken the oath required by law, is master of the bark Isle de Cuba, hercin described, in lieu of Jonathan 8S. Dobson, 64 Witness my hand and seal of office at St. Michael, this 22d day of Sept., 1858. [ SEAL. ] THOMAS HICKLING, Consular Agent of the United States of America at St. Michael. Upon the back of said Registry is the following indorsement, viz: Custom-Hovuss, Boston, CoLLector’s OFFICE, February 5th, 1859. This is to certify that the within is a copy of the original as appears by the records of this office. Given under my hand and seal of office the day and year above written. [SEAL. ] J. P. ROBINSON, D'y Collector. 65 DEPOSITION OF WITNESSES ON BEHALF THE CLAIMANT. DEPOSITION OF BENJAMIN A. MUMFORD, - A witness on behalf of the Claimant, taken before Charles W. Newton, a Commissioner of the Circuit Court, at the City of New York, on the twenty-fifth day of March, A. D. 1859. Int. 1. What is your age and business, where do you reside, how long have you been in business in the city of New York? State what kind of business you are or have been engaged. If you state you are or have been engaged in business in the African trade, or in business connected therewith, state how long you have been engaged in that trade or business. To the First Direct Interrogatory he saith: Ans. J am fifty-three years of age, and reside in the city of New York; I am engaged in the shipping and commission business, and was one of the late [firm] of B. A. Mumford & Brothers; we were engaged in trading with all parts of the world, and for eight years, commencing in the year eighteen hundred and fifty, we were engaged in the African trade,and we have, at present, large interests on the {coast of Africa, trading between Monrovia and Gayboom river. Int. 2. If you state to the last interrogatory that you are, or have been, engaged in the African trade, or in business connected therewith, state to what part of Africa you have traded, or what has been the character of said business. State whether or not goods are exported from the port of New York to the south-west coast of Africa, or to such parts of the coast as you may have traded for the purpose of legal 17 66 trade. If yea, do you know the different kinds of goods so exported? If yea, state generally what kind. Look at the list of articles here shown you, marked Exhibits (A & B) and state if you recognize any of those articles as of the kind usually exported to said coast for the pur- pose of legal trade. If yea, which of them are so exported? State whether or not there is anything unusual in the character of these arti- cles as a manifest of cargo, or as a cargo for legal trade on said coast. If yea, what? State what you know as to the shipment of such a cargo as these articles would make from the port of New York for said coast. State how far such a cargo is usual or customary or otherwise, for the purpose of legal trade on said coast. To the second Direct Interrogatory he saith: Ans. We have traded with Monrovia, Cape Palmas, Elmina, Lettra, Krro, Crisco Island, Fernando Po, Guboom and at St. Thomas Island and on the Gold Coast. The character of our business has been in shipping to the coast of Africa provisions, lumber, dry goods, &c., and exchanging them for African products, such as palm oil, ivory, gum, ebony and dry woods, &c. All kinds of goods, suitable for the trade, are exported from New York for the purpose of legal trade with the coast, such as I have stated, together with oil casks, hardware, jew- elry, rum, tobacco, rice, &c. I have examined the list of articles contained in Exhibits A and B, and recognize all the articles therein as such as are usually shipped to the coast of Africa for the purpose of legal trade. I believe we, ourselves, have shipped almost every article contained in the exhibits. Isee nothing in the character of these articles as a manifest of cargo, or as a cargo for legal trade on the coast of Africa; such a cargo as described in the exhibits named would and is customary for the purpose of legal trade with the coast; such a cargo is usually sent out for the purpose of exchanging for the products of the coast. Int. 3. State whether or not it is usual or customary to ship casks to said coast; if yea, for what purpose are they so shipped? how are they usually stowed on board the vessel? are they filled with anything on being so shipped? if with water, what kind of water and why are they so filled? state whether or not it is usual to ship lumber to said coast; 67 if yea, what kind and description? if lumber, for what purpose is it used on said coast, and what part of the vessel is it usual to stow the same ? If you state that casks are usually shipped to said coast for the purpose of bringing home e palm oil, state what kind of casks are shipped and how the oil is generally obtained—whether or not at one or more places on said coast; state whether or not it is customary for vessels engaged in lawiul trade to stop at different placcs on said coast for the purposes of trade, and what kind of trade and how such trade is con- ducted? State what is the process of preparing palm oil on said coast for the purposes of shipment? whether or not boilers are used for boiling the oil in its preparation? if yea, yea, what kind of boilers and chow used? What part of said coast is the palm oil obtained ? To the third Direct Interrogatory he saith: Ans. It is usual and customary to ship casks to the coast of Africa. They are shipped for the purpose of bringing back palm oil; they are sometimes put in shooks, and at other times we have sent them empty and sometimes filled with water; if they are filled with water it is for the purpose of ballast; when we are near the Croton water we fill them with it, because it is the cheapest; when the casks are filled with water we stow them in the bottom of the vessel. We ship the common box boards, which are used on the coast, for the purpose of making boxes in which to return the gum, and also for the purposes of building the fac- tories wherein our merchandise is stored during the process of barter with the natives. Sometimes the lumber is sold to the missionaries for the purpose of repairing and building houses. When we ship casks to the coast for the purpose of bringing home palm oil, we get what oif casks containing from thirty-five gallons up to three hundred and fifty. The oil is obtained at the various places on the coast. It is customary for vessels, engaged in trade on the coast, to stop at the various places for the purpose of carrying on legal trade. We trust out the various articles of merchandise we take out to the natives, and they collect the nuts and boil the oil and put it in the casks ready for shipment. We employ coopers on the coast to prepare the casks. Boilers are used on the coast, as I am informed, for the purpose of boiling the oil. Palm oil is obtained, I believe, all along the coast. bans ES eee 68 Int. 4. Do you know the barque “ Isla de Cuba?” If yea, how long have you known her, who has been her owner since you have known her, and in what trade has she been employed? State whether or not you have known of said barque making any voyages; if yea, what? how many? where did she go and in what trade was she engaged ? State whether or not she left the port of New York on starting on either of those voyages; if yea, where did she go? did she take any cargo on board? If yea, of what did said cargo consist? what was the object of said voyages? who was her master? had she a supercargo? If yea, who? State all you know relating to said voyage or voyages? Have you any connection with, or interest in said barque at present? To the fourth Direct Interrogatory he saith: Ans. I donot know the barque Isla de Cuha. I have never seen her, nor do I know any of her owners, or how she has been employed except from what I have heard. I know nothing about her voyages or any other matter enquired of in said Interrogatory. Int. 5. Do you know anything else material or necessary, or that may tend to the benefit or advantage of the claimant in this cause? If yea, state the same as fully as if specifically interrogated in reference thereto. To the last Direct Interrogatory he saith: Ans. Ido not. Cross-Interrogatories to Benjamin A. Mumford, and Answers thereto. Cross-Int. 1. Have you ever dispatched any vessels to the coast of Africa, or been agent or factor for other parties to dispatch to the coast of Africa, vessels? If so, state what vessels you have so dis- patched during the last four years? Give the name and class of each vessel, and the name of the port to which, and of the factor or con- signee on the coast to whom she was so sent? To the first Cross Interrogatory, he saith: Ans. We have dispatched vessels for ourselves and no one else ; 69 we have dispatched, during the last four years to the coast of Africa, the bark Jem, schooner Cortez Fides, and the schooner Dolphin, which were owned by us exclusively; we bave never acted as agents or factors for any other parties; we consigned our vessels to Richard E. Lawlin, our agent, who attended to the disposal of the outward cargo and the shipment of the return produce, collected at the various ports on the coast; he attended to our business at all the various ports on the coast; T have stated in my direct examination. Cross-Int. 2. Have any of the vessels which you have so dispatched been arrested or seized by the cruisers of any government? and if so, which and how many? To the second Cross-Interrogatory, he saith: Ans. We never had any of our vessels seized; the schooner Cortez was visited in the summer of 1857 by the United States frigate Cum- berland, examined and released as being on a legal voyage. Cross-Int. 3. What acquaintance have you with fitting out and equipping vessels for the African slave trade? and do you know what things are requisite to fit out and equip a vessel of two hundred and twenty tons for that trade? if so, please state them? To the third Cross-Interrogatory, he saith: Ans. I have no acquaintance whatever with fitting out or equipping vessels for the African slave trade, and I do not know what things are requisite to fit out any vessel for the slave trade. Cross-Int. 4. “Whether or not the traders resident on the coast of Africa are not purchasers of slaves as well as other articles of merchan- dise, and whether or not the traders resident on the west coast of Africa do not ship cargoes of slaves to America? whether or not the outfits for a slaver are manufactured in Africa or are imported there either in the slaver or in some other vessel ? To the fourth Cross-Interrogatory he saith: Ans. I know nothing about any of the matters inquired of-in said fourth Cross-Interrogatory. Cross-Int. 5. State whether or not casks are used on board of slavers to hold water for the crew and passengers ? -To the fifth Cross-Interrogatory he saith: 18 70 Ans. I donot know; I cannot say whether or not casks are or are not used on board of slavers for the crew and passengers. [To the Fourth Interrogatory the Libellant objects to the question as irrelevant. ] Cross-Int. 6. If you have stated in your answer to the Fourth Inter- rogatory that one Dobson was at any time master or owner of the Isla da Cuba, state whether he has been engaged in the African trade, and for how long? also, whether or not he has owned other vessels which have been engaged in the slave trade? and especially whether he was not the owner of the brig “Echo,” or “Putnam,” prior to the voyage in which she was captured with over three hundred negroes on board by the U.S. brig-of-war “ Dolphin ?” To the last Cross-Interrogatory he saith: Ans, I do not know anything about any of the matters inquired of in the last Interrogatory. BENJ. A. MOMFORD. DEPOSITION OF HENRY T. INGALLS, A witness on behalf of the Claimant, taken before Charles W. Newton, a Commissioner of the Circuit Court, at the city of New York, on the twenty-third day of March, A. D. 1859. Int. 1. What is your age and business? where do you reside? how long have you been in business in the city of New York? state what kind of business you are or have been engaged? If you state you are or have been engaged in business in the African trade or in business connected therewith, state how long you have been engaged in that trade or business ? To the First Direct Interrogatory he saith: Ans. Iam of the age of sixty years and reside in the city of New York; my present business is in African produce, an importer and dealer therein; I have been in business in the city of New York some fifteen vears; I was engaged in the importing business from the west coast of Africa from 1852 down to the year 1857, when my last vessel Pere ge i652 71 came in from those ports; since then I have been dealing almost entirely in African products. Int. 2. If you state to the last interrogatory that you are or have been engaged in the African trade or in business connected therewith, state to what part of Africa you have traded or what has been the character of said business; state whether or not goods are exported from the port of New York to the south-west coast of Africa or to such parts of the coast as you may have traded for the purpose of legal trade. If yea, do you know the different kinds of goods so exported ? If yea, state generally what kind. Look at the list of articles here shown you, marked Exhibits, (A and B,) and state if you recognize any of those articles as of the kind usually exported to said coast for the purpose of legal trade. If yea, which of them are so exported? State whether or not there is anything unusual in the character of these articles as a manifest of cargo, or as a cargo for legal trade on said coast. If yea, what? State what you know as to the shipment of such a cargo as these articles would make from the port of New York for said coast. State how far such a cargo is usual or customary or otherwise for the purpose of legal trade on said coast. To the Second Direct Interrogatory he saith: Ans. I have traded with St. Paul de Loando, Ambrise, Amlezete, Benguela, and Congo River; the character of the trade I have had with these ports has been that of exchange of the outward cargo, for the products at the several ports, such as Ivory, Gum Copal, Palm Oil, Fish Oil, Copper Ore, &. Goods are exported from the port of New York to the south-west coast of Africa for the purpose of legal trade. The goods so exported are such as domestics, common Dry Goods, Powder, Muskets, Rum, provisions, such as Pork, Beef, Rice, Flour. I have examined the articles contained in the exhibits “A & B,” and recognize all of those mentioned in the manifest, and also the med- icines, as articles usually exported to the coast for the purpose of legal trade. I can see nothing unusual in the character of these articles as a manifest of cargo, or as a cargo for legal trade on the coast of Africa; in fact I have shipped very often myself, every article mentioned in the manifest, and also medicine chests containing general assortment of med- 72 icines, both for ship stores and trade. The shipment of such articles as are mentioned in the exhibits are very usual and common in the legal trade with the coast of Africa. Int. 3. State whether or not it is usual or customary to ship casks to said coast; if yea, for what purpose are they so shipped? How are they usually stowed on board the vessel? Are they filled with anything on being soshipped? If with water, what kind of water, and why are they so filled? State whether or not it is usual to ship lumber to said coast; if yea, what kind and description? if lumber, for what pur- pose is it used on said coast, and what part of the vessel is it usual to stow the same? If you state that casks are usually shipped to said coast for the purpose of bringing home palm oil, state what kind of casks are shipped, and how the oil is generally obtained? Whether or not at one or more places on saidcoast? State whether or not it is cus- tomary for vessels engaged in lawful trade to stop at different places on said coast for the purposes of trade, and what kind of trade, and how such trade is conducted? State what is the process of preparing palm oil on said coast for the purposes of shipment? Whether or not boilers are used for boiling the oil in its preparation; if yea, what kind of boilers and how used? What part of said coast is the palm oil ob- tained? To the Third Direct Interrogatory he saith: Ans. I have heard of their shipping casks filled with water for ballast; but I never shipped any myself, except in shooks. I have shipped casks filled with water for the use of the vessel. I usually sent out shooks to be put up on the coast, and filled there with palm oil. Ido not know how casks filled with water are stowed, for I never have sent any. Inever have been obliged to send out ballast. I always had rum and cargo sufficient to ballast my vessels. I don't know what kind of water they usually fill their casks with when they are sent out for ballast. It is usual to ship lumber to the coast of Africa, such as boards, plank and joist; it is used for ordinary pur- poses, such as building, repairing, &c.; all I know about it is that I exchanged it for the ordinary products of the coast; it is usual to stow it on the bottom of the vessel, and up on the sides, and very often on 73 the deck; it would depend very much on the cargo you desired to take out, and the amount of cargo you had. I always sent out shooks, instead of casks, and after they are filled with palm oil they are stowed in the bottom of the vessel. Palm oil is usually obtained in exchange for the outward cargo at most of the ports on the coast. Itis usual for vessels engaged in lawful trade to stop at different places on the coast for the purpose of legal trade, and exchange their cargo for palm oil and such other products as they may obtain. Palm oil is prepared on the coast by boiling it in boilers which are sent out for that purpose. I have shipped them myself for such purpose. Iron boilers are shipped for the purpose of boiling the oil, of various sizes, from twenty to sixty gallons, and some are much larger. Int. 4. Do you know the barque “Isla da Cuba?” If yea, how long have you known her? who has been her owners since you have known her, and in what trade has she been employed? State whether or not you have known of said barque making any voyages? If yea, what, how many, where did she go and in what trade was she engaged ? State whether or not she left the port of New York on starting on either of those voyages. If yea, where did she go? did she take any cargo on board? If yea, of what did said cargo consist? what was the object of said voyages? who was her master? Had she a supercargo ? If yea, who? State all you know relating to said voyage or voyages. Have you any connection with or interest in said barque at present? To the Fourth Direct Interrogatory he saith: Ans. Ido not know the barque Isle de Cuba, except from com- mercial reports. I should think it was some two or three years since I saw her reported. I don’t know who has owned her. I believe from the reports made of her she has been engaged in the African trade. I am not particularly advised as to her voyages. I do not know any- thing about her cargo or any of the other matters inquired about in said Fourth Interrogatory. Int. 5. Do you know anything else material or necessary, or that may tend to the benefit or advantage of the claimant in this cause? If yea, state the same as fully as if specifically interrogated in refer- ence thereto. 19 14 To the last Direct Interrogatory he saith: Ans. Ido not. Cross-Interrogatories to Henry T. Ingalls and Answers Thereto. Cross-Int. 1. Have you ever dispatched any vessels to the coast of Africa, or been agent or factor for other parties to dispatch to the coast of Africa vessels? If so, state what vessels you have so dispatched during the last four years. Give the name and class of each vessel and the name of the port to which, and of the factor or consignee on the coast, to whom she was so sent. To the First Cross-Interrogatory he saith: Ans. I have dispatched vessels to the coast of Africa on my own account ag owner with other parties, but never as agent. J have dis- patched to the coast of Africa during the last four years the brig Reindeer and barque Susan Jane. I dispatched them both on a gen- eral trading voyage to the various ports on the south-west coast of Af- rica. They were consigned to William T. Julio, at St. Paul de Loando. Cross-Int. 2. Have any of the vessels which you have so dispatched been arrested or seized by the cruisers of any government; and if so, which and how many? To the Second Cross-Interrogatory he saith: Ans. No vessels I ever dispatched were seized or arrested by any cruiser of any government, or any one else. Cross-Int. 3. What acquaintance have you with fitting out and equip- ping vessels for the African slave trade? And do you know what things are requisite to fit out and equip a vessel of two hundred and twenty tons for that trade? If so, please state them. To the third Cross Interrogatory he saith: Ans. Ihave no acquaintance whatever with fitting out or equipping any vessels fur the African Slave trade. I do not know what things are requisite to fit out and equip a vessel for that trade, except from com- mon report. Cross-Int. 4. Whether or not the traders resident on the coast of Africa are not purchasers of slaves as well as other articles of 7d merchandize, and whether or not the traders resident on the west coast of Africa do not ship cargoes of slaves to America? Whether or not the outfits for a slaver are manufactured in Africa or are imported there either in the slaver or in some other vessel ? To the Fourth Cross-Interrogatory he saith: Ans. So far as my knowledge extends the resident traders on the coast of Africa do not purchase slaves, though I have no doubt from reports that there are traders there who do purchase and sell slaves. I do not know whether they ship cargoes of slaves to America or not. I do not know anything about the outfit for a slaver, whether they are manufactured in Africa or imported there in slavers or other vessels, but should suppose they would be imported there. Cross-Int. 5. State whether or not casks are used on board of slavers to hold water for the crew and passengers ? To the Fifth Cross-Interrogatory he saith: Ans. Ihave no doubt casks are used on board of slavers, to hold water for the crew and passengers. [To the Fourth Interrogatory the Libellant objects to the question as irrelevant. ] Cross-Int. 6. If you have stated in your answer to the Fourth Inter- rogatory that one Dobson was at any time master or owner of the “Tsla de Cuba,” state whether he has been engaged in the African Trade, and for how long? Also, whether or not he has owned other vessels which have been engaged in the Slave Trade, and especially whether he was not the owner of the brig “ Echo,” or “ Putnam,” prior to the voyage in which she was captured, with over three hundred negroes on board, by the U. 8. Brig of War “ Dolphin?” To the Sixth and Last Cross-Interrogatory he saith: Ans. I know nothing about the matters inquired of in said last In- terrogatory, except what I have heard as to the capture of the “ Echo.” HENRY T. INGALLS. 76 DEPOSITION OF ENOCH R. WARE, A Witness on behalf of the Claimant, taken before Charles W. Newton, a Commissioner of the Circuit Court, at the City of New York, on the twenty-sixth day of March, A. D. 1859. dnt. 1. What is your age and business? where do you reside? how long have you been in business in the City of New York? State what kind of business you are or have been engaged? If you state you are or have been engaged in business in the African Trade, or in business connected therewith, state how long you have been engaged in that trade or business ? To the First Direct Interrogatory he saith: Ans. Iam forty years old; reside in the City of New York. Iam a shipping merchant exclusively to Africa. I have been engaged in the business as clerk, agent and supercargo, &c., twenty years. Int. 2. If you state to the last Interrogatory that you are or have been engaged in the African Trade, or in business connected therewith, state to what part of Africa you have traded, or what has been the character of said business? State whether or not goods are exported from the port of New York to the south-west coast of Africa, or to such ports of the coast as you may have traded, for the purpose of legal trade? If yea, do you know the different kinds of goods so exported ? If yea, state generally what kind. Look at the list of articles here shown you, marked Exhibits, (A. & B,) and state if you recognize any of those articles as of the kind usually exported to said coast for the purpose of legal trade? If yea, which of them are so exported? State whether or not there is anything unusual in the character of these ar- ticles as a manifest of cargo, or as a cargo for legal trade on said coast? If yea, state what you know as to the shipment of such a cargo as these articles would make from the port of New York for said coast? State how far such a cargo is usual or customary, or otherwise, for the purpose of legal trade on said coast ? To the Second Direct Interrogatory he saith: Ans. Ihave traded mostly on the west coast of Africa, between the Ly 17 French possessions and Senegal aud Sierra Leon. I have been engaged in a legitimate trade, selling the outward cargo and bringing home the products of the country. Goods are exported quite extensively from the port of New York to the south-west coast of Africa for the purpose of legal trade. There is a large quantity of cotton goods, casks, rum, &c., exported for that coast. Ihave never myself had anything to do with what is termed the South Coast trade. I have examined the articles in the exhibits and do not find anything unusual in them for the purpose of legal trade with the coast, and I recognize in them such articles as would be sent for a legal trade. So far as I know such a cargo would be customary for the purpose of legal trade. Int. 3. State whether or not it is usual or customary to ship casks to said coast. If yea, for what purpose are they so shipped? how are they usually stowed on board the vessel? Are they filled with any- thing on being so shipped? If with water, what kind of water, and why are they so filled? State whether or not it is usual to ship lumber to said coast. If yea, what kind and description? If lumber, for what purpose is it used on said coast, and what part of the vessel is it usual to stow the same? If you state that casks are usually shipped to said coast for the purpose of bringing home palm oil, state what kind of casks are shipped, and how the oil is generally obtained; whether or not at one or more places on said coast. State whether or not it is customary for vessels engaged in lawful trade to stop at different places on said coast for the purposes of trade, and what kind of trade, and how such trade is conducted. State what is the process of pre- paring palm oil on said coast for the purposes of shipment; whether or not boilers are used for boiling the oil in its preparation. If yea, what kind of boilers, and how used? What part of said coast is the palm oil obtained ? To the Third Direct Interrogatory he saith: Ans. It is usual and customary to ship casks to the coast of Africa, for the purpose of filling them with palm oil of the coast, with return cargo. They are either shooked up or set up and filled with water here. I send out a great many filled with water. I have done that in two or three vessels within the past twelve months. They are filled with 20 78 water for the purpose of ballast, and because we can have them coopered more perfect here than on the coast. It is usual and customary to ship lumber in almost all cargoes. The kinds shipped is the common kinds, such as boards, joist, &c. The lumber is used on the coast for the ordi- nary building purposes, &c. Second-hand whale and sperm casks are shipped to the coast for the purpose of bringing home the palm oil. The oil is obtained at different places on the coast. It is customary for vessels engaged in the trade to stop at the different places on the coast for the purpose of carrying on a legal trade for the product of the country, by exchanging their outward cargo for the products at the various ports on the coast. As far as my knowledge extends, boilers are used on the coast in preparing the palm oil for the purpose of ship- ment. I do not know what particular kind of boilers are used. Int. 4. Do you know the bark “Isla de Cuba?” If yea, how long have you known her? Who have been her owners since you have known her, and in what trade has she been employed? State whether or not you have known of said bark making any voyages. If yea, what? How many? Where did she go, and in what trade was she engaged ? State whether or not she left the port of New York on starting on either of those voyages. If yea, where did she go? Did she take any cargo on board? If yea, of what did said cargo consist? What was the object of said voyages? Who was her master? Had she a super- cargo? If yea, who? State all you know relating to said voyage or voyages. Have you any connection with, or interest in, said barque at present ? To the Fourth Direct Interrogatory he saith: Ans. I have scen the barque “Isle de Cuba.” I know of her for several years. J. A. Machado owned her at one time, and I understood sold her to Figaniere, Reis & Co. I have known her to make one or more voyages to the coast of Africa. She went one or more times to the south coast, and returned to New York with a cargo of the products of the country. To the best of my knowledge she left the port of New York on starting for those voyages. I don’t know as to what cargo or quantity she took out, or the particular objects of the voyages, nor did I know who was her master or supercargo. I have no connection or interest in the barque. 79 Int. 5. Do you know anything else material or necessary or that may tend to the benefit or advantage of the claimant in this cause ? If yea, state the same as fully as if specifically interrogated in reference thereto. To the last Direct Interrogatory he saith: Ans. I do not. ‘Cross-Interrogatorics to Enoch R. Ware and Answers Thereto. Cross-Int. 1. Have you ever dispatched any vessels to the coast of Africa, or been agent or factor for other parties to dispatch to the coast of ‘Africa, vessels? If so, state what vessels you have so -dis- patched during the last four years. Give the name and class of each vessel, and the name of the port to which, and of the factor or consignee on the coast, to whom she was so sent. To the First Cross-Interrogatory he saith: Ans. I have dispatched vessels, been agent ‘and factor for vessels dispatched to the coast of Africa, and also supercargo. I can’t say how many I have dispatched without looking over my books. I have dispatched a great many. I will draw off from my books a list of the vessels so dispatched and have the same ‘annexed to my deposition. Most of my vessels are dispatched to a general agent at Sierra Leon, Bathurst, Gambia, and other points. “Cross-Int. 2. Have any of the vessels which you have’ so dispatched been arrested or seized by the cruisers of any Government, and if so, which and how many? To the Second Cross-Interrogatory he saith: Ans. had one vessel seized in the Gambia by the British author- ities there; it was the barque S. W. Nash; that was in the year 1854. She was discharged after trial. Cross-Int. 3. What acquaintance have you with fitting out and equipping vessels for the African slave trade, and do you know what things are requisite to fit out and equip a vessel of two hundred and twenty tons for that trade? If so, please state them. 80 To the Third Cross-Interrogatory he saith: Ans. Ihave no acquaintance with fitting out and equipping vessels for the African slave trade, not having had anything to do with the trade or business of fitting out slavers. I cannot say what would be necessary or requisite to fit out or equip a vessel for that trade. Cross-Int. 4. Whether or not the traders resident on the coast of Africa are not purchascrs of slaves as well as other articles of merchan- dise, and whether or not the traders resident of the west coast of Africa do not ship cargoes of slaves to America. Whither or not the outfits for a slaver are manufactured in Africa or are imported there either in the slaver or in some other vessel. To the Fourth Cross-Interrogatory he saith: zlns. The traders on the coast of Africa are not, to my knowledge, purchasers of slaves, as well as other articles of merchandise, nor do they ship slaves to the coast of America to my knowledge. I should judge the outfits for slaves are imported there. Cross-Int. 5. State whether or not casks are used on board of slavers to hold water for the crew and passengers. To the Fifth Cross-Interrogatory he saith: Ans. J should judge that casks are used on board of slavers for the crew and passengers. [To the Fourth Interrogatory the Libellaut objects to the question as irrelevant. } Cross-Int. 6. If you have stated in your answer to the Fourth Inter- rogatory that one Dobson was at any time master or owner of the “Isla da Cuba,” state whether he has been engaged in the African trade, and for how long. Also, whether or not he has owned other vessels which have been engaged in the slave trade; and especially, whether he was not the owner of the Brig “ Echo,” or “ Putnam,” prior to the voyage in which she was captured, with over three hundred negroes on board, by the U.S. Brig of War “ Dolphin.” To the last Cross-Interrogatory he saith: Ans. I know nothing of the matters inquired about in the last Interrogatory. E. R. WARE. 81 DEPOSITION OF MELANCTHON M. FREEMAN, “~~ A witness on behalf of the Claimant, taken before Charles W. Newton, a Comnuissioner of the Circuit Court, at the city of New York, on the twenty-fourth day of March, A. D. 1859. Int. 1. What is your age and business? Where do you reside? How long have you been in business in the city of New York? State what kind of business you are or have been engaged. If you state you are or have been engaged in business in the African trade, or in business connected therewith, state how long you have been engaged in that trade or business. To the First Direct Interrogatory, he saith: Ans. Iam thirty-two years old, and President of the Mechanics’ Banking Association, and member of the house of M. M. Freeman & Co., who are engaged in the shipping and commission business in the city of New York; I reside in Richmond county, Staten Island, State of New York. I have been engaged in business in the city of New York ten or eleven years on my own account, during which time I have been engaged in the shipping and commercial business, and have chartered vessels to go in the African trade. Our house are ship owners, and charter our vessels to parties desiring them. For three or four years, from 1852 to 1856, we were in the habit of chartering our vessels very generally to engage in the African trade. Int. 2. If you state to the last Interrogatory that you are, or have been, cngaged in the African trade, or in business connected therewith, state to what part of Africa you have traded, or what has been the char- acter of said business. State whether or not goods are exported from the port of New York to the south-west coast of Africa, or to such parts of the coast as you may have traded for the purpose of legal trade. If yea, do you know the different kinds of goods so exported? If yea, state generally what kind? Look at the list of articles here shown you, marked Exhibits, (A & B,) and state if you recognize any of those articles as of the kind usually exported to said coast for the purpose of legal trade? If yea, which of them are so exported? State whether 21 O% or not there is anything unusual in the character of these articles as a manifest of cargo, or as a cargo for legal trade on said coast. If yea, state what you know as to the shipment of such a cargo as these arti- cles would make from the port of New York for said coast? State how far such a cargo is usual or customary, or otherwise, for the pur- pose of legal trade on said coast. To the Second Direct Interrogatory he saith: Ans. The vessels we chartered went generally to Sierra Leon and Bathurst, and intermediate ports on the coast of Africa; they have taken out the produce of this country and brought back the produce of that; goods are exported from the port of New York to the south-west coast of Africa for the purpose of legal trade; tobacco, lumber, beef, pork, flour, rice, rum, &c.; I should judge that all of the articles mentioned in Exhibit “A” had been carried in my vessels; and as to Exhibit “B” I should say that most probable all the articles therein contained had also been carried out in our vessels, but as to the particular articles of medicines being sent out I could not say, as I never have examined medicine chests which have been sent out; the articles mentioned in these exhibits are continually carried out to the coast for the purpose of legal trade; I should say that there was nothing unusual in the character of the articles as a manifest of cargo or as a cargo for legal trade; so far as your acquaintance is concerned in the shipment of cargoes to the coast, I should say that a cargo of like articles mentioned in the Exhibit would be considered a fair cargo to be sent to the coast of Africa for the purpose of legal trade; my knowledge extends only to that derived as carriers of cargoes, not as shippers. Int. 3. State whether or not it is usual or customary to ship casks to said coast? If yea, for what purpose are they so shipped? how are they usually stored on board the vessel? are they filled with anything on being so shipped? if with water, what kind of water, and why are they so filled? State whether or not it is usual to ship lumber to said coast? if yea, what kind and description? if lumber, for what pur- pose is it used on said coast, and what part of the vessel is it usual to stow the same? If you state the casks are usually shipped to said coast for the purpose of bringing home palm oil, state what kind of 83 casks are shipped, and how the oil is generally obtained? whether or not at one or more places on said coast? State whether or not it is customary for vessels engaged in lawful trade to stop at different places on said coast for the purposes of trade, and what kind of trade and how such trade is conducted? State what is the process of preparing palm oil on said coast for the purposes of shipment? whether or not boilers are used for boiling the oil in its preparation? If yea, what kind of boilers, and how used? What part of said coast is the palm oil obtained ? To the Third Direct Interrogatory he saith: Ans. It is usual to ship casks to the coast of Africa for the purpose of bringing home palm oil. They are stowed when filled with water for ballast in the hold. When in shooks they are also stowed in the hold. So far as my knowledge extends, casks, when filled with water, are usually filled with the Croton water. The casks are filled with water to serve as ballast. It is usual to ship lumber to the coast of Africa, such as boards, joists, shingles. Ido not know for what purpose the lumber is used on the coast, as I never was there, but suppose it is used for the ordinary purposes to which lumber is generally used else- where. The lumber is stowed sometimes under deck and sometimes on the deck. I believe the casks vary in sizes—lI should think from forty to one hundred and fifty gallons. I do not know how the oil is obtained on the coast only from information. I have been informed that it is obtained at various places on the coast. It is customary for vessels engaged in lawful trade to stop at different places ‘on the coast for the purpose of trade. Ido not know what kind of trade, or how the trade is carried on, except that, so far as my knowledge extends, the trade is carried on by an exchange of the cargo carried out for the products of coast. I do not know what the process of preparing the palm oil on the coast is, or whether boilers are used in its prepara- tion or not. Palm oil is obtained principally on the coast south of Sierra Leon, I understand. Int. 4. Do you know the barque “Isla de Cuba?” If yea, how long have you known her; who has been her owners since you hare known her, and in what trade has she been employed? State whether or not you have known of said barque making any voyages. If yea, 84 what? how many? where did she go, and in what trade was she engaged? State whether or not she left the port of New York on starting on either of those voyages. If yea, where did she go? Did she take any cargo on board? If yea, of what did said cargo consist? What was the object of said voyages? Who was her master? Had she a supercargo? If yea, who? State all you know relating to said voyage or voyages? Have you any connection with or interest in said barque at present ? To the Fourth Direct Interrogatory he saith: Ans. Ihave seen the barque Isle de Cuba. I have known her, I suppose, for six or eight years. Geary & Galway—John A. Machado have owned her. I sold her for Geary & Galway to John A. Machado. These are the only ones who have owned her to my own knowledge. These parties owned her some four years ago, I believe. She has been employed in the Havana and coast of Africa trade since I have known her. I could not state particularly what her voyages have been, except T have heard of her being engaged in making voyages to Havana as a packet, and in the African trade, making voyages to the various ports on the coast. I believe she left New York on starting for those voyages. I never saw her take in cargo, and know nothing about her particular cargoes, or the object thereof. I only know one man who ever acted as master on her; his name was Thomas T. Smith, I believe, who was master of her some two years ago. I do not know whether she ever had a supercargo. I have no connection or interest in said barque, whatever. Int. 5. Do you know anything else material or necessary or that may tend to the benefit or advantage of the claimant in this cause? If yea, state the same as fully as if specifically interrogated in refer- ence thereto. To the last Direct Interrogatory he saith: Ans. I do not. Cross-Interrogatories to Melancthon M. Freeman and Answers Thereto. Cross-Int. 1. Have you ever dispatched any vessels to the coast of 85 Africa, or been agent or factor for other parties to dispatch to the coast of Africa vessels? [f so, state what vessels you have dispatched dur- ing the last four years? Give the name and class of xach vessel, and the name of the port to which, and of the factor or consignee on the coast, to whom she was so sent? To the First Cross-Interrogatory he saith: Ans. We have dispatched our own vessels and vessels for which we were agents, to the coast of Africa. We have dispatched during the past four years the brig “Favorita,” “Dolphin,” schr. “George H. Townsend,” and some others, the names of which I do not recollect. they have been dispatched to the ports of Bathurst and Sierra Leon. We merely acted in chartering them to other parties; to whom they were consigned I do not know. Cross-Int. 2. Have any of the vessels which you have so dispatched been arrested or seized by the cruisers of any Government, and, if so, which and how many ? To the Second Cross-Interrogatory he saith: Ans. None of the vessels we have so dispatched have ever been seized by any of the cruisers of any Government. Cross-Int. 3. What acquaintance have you with fitting out and equip- ping vessels for the African slave trade, and do you know what things are requisite to fit out and equip a vessel of two hundred and twenty tons for that trade? If so, please state them ? To the Third Cross-Interrogatory he saith: Ans. Ihave no acquaintance with fitting out or equipping vessels for the slave trade, and therefore cannot answer the Third Interroga- tory. Cross-Int. 4. Whether or not the traders resident on the coast of Africa are not purchasers of slaves, as well as other articles of mer- chandise, and whether or not the traders resident on the west coast of Africa do not ship cargoes of slaves to America? Whether or not the outfits for a slaver are manufactured in Africa or are imported there either in the slaver or in some other vessel ? To the Fourth Cross-Interrogatory he saith: 22 86 Ans. Not having any knowledge of the slave trade, I am unable to answer any of the matters inquired of in the Fourth Interrogatory. Cross-Int. 5. State whether or not casks are used on board of slavers to hold water for the crew and passengers ? To the Fifth Cross-Interrogatory he saith: Ans. Ido not know whether casks are used on board of slavers to hold water for the crew and passengers. To the Fourth Interrogatory the Libellant objects to the question as irrelevant. Cross-Int. 6. If you have stated in your answer to the Fourth Inter - rogatory that one Dobson was at any time master or owner of the “Isla de Cuba,” s.ate whether he has been engaged in the African trade, and for how long? Also, whether or not he has owned other vessels which have been engaged in the slave trade, and especially whether he was not the owner of the brig “Echo,” or “Putnam,” prior to the voy- age in which she was captured, with over three hundred negroes on board, by the U.S. Brig of War “ Dolphin ?” To the Last Cross-Interrogatory he saith: Ans. Ydo not know Capt. Dobson or any matters inquired of in the last Cross-Interrogatory. MELANCTHON M. FREEMAN. DEPOSITION OF ISAAC B. GAGER, A witness or behalf of the claimant, taken before Charles W. Newton, a Commissioner of the Circuit Court, at the city of New York, on the eighteenth and twenty-fifth days of June, A. D. 1859. Int. 1. What is your age and business? Where do you reside? How long have you been in business in the city of New York? State what kind of business you are or have been engaged. If you state you are or have been engaged in business in the African trade, or in business connected therewith, state how long you have been engaged in that trade or business. 87 To the First Direct Interrogatory he saith: Ans. Jam about thirty-six years of age, and am a ship-broker, and reside in the city of Brooklyn, State of New York. My place of busi- ness is in the city of New York. Ihave been in business in this city over fifteen years. I have been engaged in business connected with shipping all this time. Ihave been engaged in the African business or trade for ten years. My business is more connected with that of chartering vessels for the African trade than in goods. Int. 2. If you state to the last Interrogatory that you are or have been engaged in the African trade or in business connected therewith, state to what part of Africa you have traded, or what has been the character of said business. State whether or not goods are exported from the port of New York to the south-west coast of Africa or to such ports of the coast as you may have traded for the purpose of legal trade. If yea, do you know the different kinds of goods so exported? If yea, state generally what kind. Look at the list of articles here shown you, marked Exhibits, (A & B,) and state if you recognize any of those articles as of the kind usually exported to said coast for the purpose of legal trade. If yea, which of them are so exported? State whether or not there is anything unusual in the character of these articles as a manifest of cargo, or as a cargo for legal trade on said coast. If yea, what? State what you know as to the shipment of such a cargo as these articles would make from the port of New York for said coast. State how far such a cargo is usual or customary or other- wise for the purpose of legal trade on said coast. To the Second Direct Interrogatory he saith: Ans. My business having been principally in chartering vessels for the west coast trade. Goods are exported to the south-west coast of Africa from New York for the purpose of legal trade; general mer- chandise, domestics, and provisions generally. I have examined the list mentioned, and can see nothing therein which it is not usual and customary to ship from this port to the coast of Africa for the purpose of legal trade, nor I cannot see anything contained in that list unusual as a manifest of cargo for legal trade. So far as my knowledge extends, the cargo mentioned is the kind usually sent from this port to the coast of Africa for the ordinary purpose of legal trade. 88 Int. 3. State whether or not it is usual or customary to ship casks to said coast. If yea, for what purpose are they so shipped? How are they usually stowed on board the vessel? Are they filled with anything on being so shipped? If with water, what kind of water, and why are they so filled? State whether or not it is usual to ship lumber to said coast. If yea, what kind and description? If lumber, for what purpose is it used on said coast, and what part of the vessel is it usual to stow the same? If you state that casks are usually shipped to said coast for the purpose of bringing home palm oil, state what kind of casks are shipped, and how the oil is generally obtained? Whether or not at one or more places on said coast. State whether or not it is cus- tomary for vessels engaged in lawful trade to stop at different places on said coast for the purposes of trade, and what kind of trade, and how such trade is conducted. State what is the process of preparing palm oil on said coast for the purposes of shipment. Whether or not boilers are used for boiling the oil in its preparation. If yea, what kind of boilers, and how used? What part of said coast is the palm oil obtained ? To the Third Direct Interrogatory he saith: Ans. It is usual and customary to ship casks to the coast of Africa for the purpose of bringing back palm oil. They are sometimes sent in shooks and sometimes not. It would depend much upon the cargo as to how the casks would be stowed. If they were to be shipped with a light cargo, they would stow them; if in shooks, on the bottom I should think. If in casks, and a very light cargo, they would stow them on the bottom of the vessel, and fill them with water. I have known them filled with fresh water and also with salt water. They are most usually filled with fresh water. I understand from the captains who have taken it out, that fresh water keeps better than salt or ocean water. It is usual and customary to ship lumber to the coast of Africa. I believe pine lumber is generally shipped. Almost all kinds of lumber [of ]um- ber] I have scen shipped. Ido not know for what purpose the lumber is used on the coast, as I have never been there. It is usual to stow the lumber both on the bottom and on deck. All kinds of casks are shipped, both large and small. I do not know how the oil is generally obtained. 89 I know from my own vessels that it it is usual and customary for vessels engaged in a legal trade on the coast of Africa to stop at different places on the coast for the purpose of trade. We exchange such mer- chandise as we have for the ordinary products of the country, such as palm oil, ivory, bow wood, &c. Ido not know anything about the pre- paration of the palm oil for shipment. All I know is that boilers are sent out, as is said, for the purpose of boiling the oil. I have known all kinds and sizes sent out for this purpose. Palm oil is obtained at most all the ports on the coast. ot a Int. & Do you know the barque “Isla da Cuba?” If yea, how long have you known her? Who has been her owners siuce you have known her, and in what trade has she been employed? State whether or not you have known of said barque making any voyages. If yea, what? how many? were did she go, and in what trade was she engaged? State whether or not she left-the port of New York on starting on cither of those voyages. If yea, where did she go? Did she take any cargo on board? If yea, of what did said cargo consist? What was the object of said voyages? Who washer master? Had she a supercargo? If yea, who? State all you know relating to said voyage or voyages. Have you any connection with or interest in said barque at preseut? To the Fourth Direct Intcrrogatory he saith: Ans. I knew the barque when J. A. Machado owned her, some four to six years ago. J have not known her since. She was at that time in the African trade. When Machado owned her she went to the coast of Africa; to what places I don’t know, or how many voyages. She left this port at that time. Ihave known nothing about her since then. She took cargo, I believe, but of what it consisted JT am unable to say, or the object of the voyage, only by what was told me. I understood she was fitted out for legal trade on the coast. I never knew whether she had a supercargo or not. I never had any interest or connection with her in any way. Int. 5. Do you know anything elsc material or necessary or that may tend to the benefit or advantage of the claimant in this cause? If yea, state the same as fully as if specifically interrogated in reference thercto. 23 90 To the last Direct Interrogatory he saith: Ans. I do not. Cross-Interrogatories to Isaac B. Gager and Answers Thereto. Cross-Int. 1. Have you ever dispatched any vessels to the coast of Africa, or been agent or factor for other parties to dispatch to the coast of Africa vessels? If so, state what vessels you have so dispatched during the last four years. Give the name and class of each vessel, and the name of the port to which, and of the factor or consignee on the coast to whom, she was so sent. To the First Cross-Interrogatory he saith: Ans. I have dispatched vessels to the coast of Africa, as agent generally; sometimes I have been interested on my own account. The brig Lawder and schooner Tuvie are the only vessels I have dispatched to the coast of Africa during the last five years in which I was interested in the cargoes. I have dispatched several which I have chartered to other parties as broker. I don’t remember their names, as I have only acted in chartering them as broker. I have chartered within [the] a few months past the brig King Bird and schooner Brontes. I never seut any of the vessels that I was interested in to any factor or agent on the coast; they had supercargoes on them. Cross-Int. 2. Have any of the vessels which you have so dispatched been arrested or seized by the cruisers of any Government, and if 80, which and how many ? To the Second Cross-Interrogatory he saith: Ans. None of the vessels I have dispatcued, or have been interested in, have ever been seized by any of the cruisers of any Government, Cross-Int. 3. What acquaintance have you with fitting out and equip- ping vessels for the African slave trade, and do you know what things are requisite to fit out and equip a vessel of two hundred and twenty tons for that trade —if so, please state them? To the Third Cross-Interrogatory he saith: Ans. JI know nothing about the slave trade whatever, or what would be requisite to fit out a vessel for the trade. a1 Cross-Int. 4. Whether or not the traders resident on the coast of Africa are not purchasers of slaves as well as other articles of mer- chandise, and whether or not the traders resident on the west coast of Africa do not ship cargoes of slaves to America. Whether or not the outfits for a slaver are manufactured in Africa, or are imported there, either in the slaver or in some other vessel. To the Fourth Cross-Interrogatory he saith: Ans. I know nothing about it whatever. Cross-Int. 5. State whether or not casks are used on board of slavers to hold water for the crew and passengers ? To the Fifth Cross-Interrogatory he saith: Ans. I know nothing about it. I never had anything to do with slavers in the slave trade, directly or indirectly. To the Fourth Interrogatory the Libellant objects to the question as irrelevent. Cross-Int. 6. If you have stated in your answer to the Fourth Inter- rogatory that one Dobson was at any time master or owner of the “ Isla da Cuba,” state whether he has been engaged in the African Trade, and for how long? Also, whether or not he has owned other vessels engaged in the slave trade?” And, especially, whether he was not the owner of the brig “Ucho,” or “Putnam,” prior to the voyage in which she was captured, with over three hundred negroes on board, by the U.S. Brig of War Dolphin? To the Sixth and Last Interrogatory he saith: Ans. I know nothing about the matters of in said Interrogatory. J. B. GAGER. DEPOSITION OF C-ESAR H. 8. DE LA FIGANIERE, A witness on behalf of the Claimant, taken before Charles W. Newton, a, Commissioner of the Circuit Court, at the City of New York, on the twenty-fourth day of February, A. D. 1859. Int. 1. What is your age and business? Where do you reside? How long have you been in business in the City of New York? State 92 what kind of business you are or have been engaged? If you state you are or have been engaged in business in the African trade, or in business connected therewith, state how long you have been engaged in that trade or business ? To the First Direct Interrogatory he saith: Ans. Iam thirty-five years old. I have no business at present. I reside in the City and County and State of New York. I have been engaged in the commission and importing business since 1849 up to last May. I have been largely engaged in the African trade during that period. Int. 2. If you state to the last Interrogatory that you are or have been engaged in the African trade, or in business connected therewith, state to what part of Africa you have traded, or what has been the character of said business? State whether or not goods are exported from the port of New York to the south-west coast of Africa, or to such parts of the coast as you may have traded, for the purpose of legal trade? If yea, do you know the different kinds of goods so exported ? If yea, state generally what kind? Look at the list of articles here shown you, marked Exhibits, (A & B,) and state if you recognize any of those articles as of the kind usually exported to said coast for the purpose of legal trade? If yea, which of them are so exported? State whether or not there is anything unusual in the character of these articles as a manifest of cargo, or as a cargo for legal trade on said coast? If yea, state what you know as to the shipment of such a cargo as these articles would make from the port of New York for said coast ? State how far such a cargo is usual or customary, or otherwise, for the purpose of legal trade on said coast? Yo the Second Direct Interrogatory he saith: Ans. I have traded with the west coast of Africa, north and south ; have shipped goods to all the ports where trade is carricd on, and sold them or exchanged them for the various products of the country, such as palm oil, hides, ivory, gums, &c. Most all kinds of merchandise are exported from the port of New York to the southwest and all other parts of the coast of Africa for the purpose of legal trade. The exportations from the port of New York are rum, tobacco, all kinds 93 of dry goods, such as domestic goods, cottons, &c., powder, lumber, beef, pork, rice and various other articles, depending upon the port to which they are sent. J have examined the list of articles contained in Exhibit «A & B” and can recognize therein the various articles usually exported to the coast of Africa for a legal trade therewith. Ican see nothing in the exhibits or the character of the articles as a manifest or cargo in any way unusual, or that would not be shipped for a legal trade on the coast. I have often shipped similar cargoes, and seen them shipped, by the various houses in this city engaged in the trade. Int. 3. State whether or not it is usual or customary to ship casks to said coast. If yea, for what purpose are they so shipped? How are they usually stowed on board the vessel? Are they filled with anything on being so shipped? If with water, what kind of water, and why are they so filled? State whether or not it is usual to ship lumber to said coast. If yea, what kind and description? If lumber, for what purpose is it used on said coast, and what part of the vessel is it usual to stow the same? If you state that casks are usually shipped to said coast for the purpose of bringing home palm oil, state what kind of casks are shipped, and how the oil is generally obtained ; whether or not at one or more places on said coast. State whether or not it is customary for vessels engaged in lawful trade to stop at different places on said coast for the purposes of trade, and what kind of trade, and how such trade is conducted. State what is the process of preparing palm oil on said coast for the purposes of shipment; whether or not boilers are used for boiling the oil in its preparation. If yea, what kind of boilers, and how used? What part of said coast is the palm oil obtained ? To the Third Direct Interrogatory he saith: Ans. It is usual and customary to ship casks to the coast of Africa for the purpose of being filled with palm oil. They are usually stowed in the hole of the vessel; the casks are sometimes filled with water, and sometimes they are shipped in shooks; the casks are sometimes filled with salt and sometimes fresh water; they are filled with water for ballast. It is usual to ship all kinds of lumber, joist, boards, plank, &c., which is used on the coast for various purposes, houses, &c. ; 24 94 the lumber is generally stowed over the casks in the hole when there is room; it depends upon the kind of cargo on the vessel as to where the lumber would be stowed; the casks shipped for ithe purpose of bring- ing home oil vary in size and kinds. The oil is obtained from various places on the coast from the natives, through the established agencies or houses on the coast. It is customary for vessels engaged in lawful trade to stop at different places on the coast for the purpose of trade ; the trade is conducted by barter mostly, exchanging the goods for the various products of the country. Boilers are used on the coast for boiling the oil in its preparation for market. Palm oil is obtained in the Bight and on the southern coast, at the various ports where trade is carried on. Int. 4. Do you know the barque “Isla da Cuba?” If yea, how long have you known her? Who has been her owners since you have known her, and in what trade has she been employed? State whether or not you have known of said barque making any voyages. If yea, what? how many? where did she go, and in what trade was she engaged? State whether or not she left the port of New York on starting on either of those voyages. If yea, where did she go? Did she take any cargo on board? If yea, of what did said cargo consist? What was the object of said voyages? Who was her master? Had she a supercargo? If yea, who? State all you know relating to said voyage or voyages. Have you any connection with or interest in said barque at present? To the Fourth Direct Interrogatory he saith: dns. Iknow the bark “Isle de Cuba,” and have for the past six or seven years. She has becn owned since I knew by Aguire & Gal- way, John A. Machado, and also by my brother, Guilherme J. de la Figaniere. She has been in the African trade for the past six years, and prior to that I believe she was in the Havana trade. I have known her making various voyages to the north aud south-west coast of Africa in the African trade. She left the port of New York on starting on all of these voyages; she went to the Bight, Loanda, Loaugo, Ambis— to all the other ports on the coast. She always took an assorted cargo when she left, such as tobacco, rum, lumber, rice, provisions, casks, dc. 95 The object of her voyages was to exchange her cargo for the African products. Capt. Thomas T. Smith was master of her when she was belonged to my brother. She has had a supercargo on board of her on her various voyages; her last voyage a man by the name of Nelto went as supercargo, I believe; on her last voyage she sailed from here in January of 1857 and returned to this port in December of the same year, having on board a full cargo of palm oil. J have no connection or interest in said barque. Int. 5. Do you know anything else material or necessary or that may tend to the benefit or advantage of the claimant in this cause? If yea, elate the same as fully as if specifically interrogated in reference horeto. To the Last Direct Interrogatory he saith: Ans. Ido not know that I can state anything material or necessary, or that may tend to the benefit or advantage of the claimant further than I have already stated. Cross-Interrogatories to Caesar H. S. de la Figaniere and Answers Thereto. Cross-Int. 1. Have you ever dispatched any vessels to the coast of Africa, or been agent or factor for other parties to dispatch to the coast of Africa vessels? If so, state what vessels you have so dispatched during the last four years? Give the name and class of each vessel, and the name of the port to which, and of the factor or consignee on the coast to whom, she was so sent? To the First Cross-Interrogatory he saith: Ans. I have dispatched vessels to the coast of Africa on my own account, and as agent for other parties; on my own account, that is, our house have dispatched the brig “ Naristiske,’ brig “ Bonito,” brig “ Enterprise,” barque “William G. Lewis,” barque “Isle de Cuba,” “N. K. Bridge,” “ Cainiola,” and several others; and as agent, J, or we, have dispatched the brig “ Honorio,” “ Ceres,” “ Mariana,” and others. The vessels I have mentioned were sent to the various ports on the coast of Africa and the Cape de Verde Islands. They were principally 96 consigned to our agents on the coast, to M. M. Silver, at Bathurst and Sierra Leone, and J. Hermes, at Corisco, and to Brandao de Castro, at Ambriz, and to J. E. De Cruz & Co., at Loanda. Cross-Int. 2. Have any of the vessels which you have so dispatched been arrested or seized by the cruisers of any Government, and if so, which, and how many ? To the Second Cross-Interrogatory he saith: Ans. We have never had any vessels seized by any Government cruisers on the coast of Africa or elsewhere. Cross-Int. 8. What acquaintance have you with fitting out and equip- ping vessels for the African slave trade, and do you know what things are requisite to fit out and equip a vessel of two hundred and twenty tons for that trade ; if so, please state them? To the Third Cross-Interrogatory he saith: Ans. Ihave never fitted out any vessel for the African slave trade. From what I have been informed on the subject, all that is requsite to fit out and equip a vessel for the slave trade would be to provide pro- visions, water, and a slave deck. Cross-Int. 4. Whether or not the traders resident on the coast of Africa are not purchasers of slaves as well as other articles of mer- chandise, and whether or not the traders resident on the west coast of Africa do not ship cargoes of slaves to America? Whether or not the outfits for a slaver are manufactured in Africa or are imported there, either in the slaver or in some other vessel ? To the Fourth Cross-Interrogatory he saith: Ans. I think the traders on the coast of Africa are not purchasers of slaves as well as other articles of merchandise; I do not know whether the traders on the west coast of Africa ship slaves to America or not, but I presume not; I don’t know whether or not the outfits for a slaver are manufactured in Africa or are imported there. Cross-Int. 5. State whether or not casks are used on board of slavers to hold water for the crew and passengers ? To the Fifth Cross-interrogatory he saith: Ans. Ihave no personal knowledge as to whether casks are or not 97 used on board of slavers to hold water for the crew and passengers, but probably they are. To the Fourth Interrogatory the Libellant objects to the question as irrelevant. Cross-Int. 6. If you have stated in your answer to the Fourth Inter- rogatory that one Dobson was at any time master or owner of the “Isla da Cuba,” state whether he has-been engaged in the African trade, and for how long? also whether or not he has owned other vessels which have been engaged in the slave trade, and especially whether he was not owner of the brig “Echo,” or “Putnam,” prior to the voyage in which she was captured, with over three hundred negroes on board, by the U. 8. brig-of-war “Dolphin ?” To the Last Cross-Interrogatory he saith: Ans. Ihave not stated that one Dobson was at any time master or owner of the Isla de Cuba, but know that he has been engaged in the African trade, or rather on board of vessels in that trade; I don’t know whether he has been engaged in vessels in the slave trade or whether he was the owner of the brig Echo, or Putnam. C. H. 5. de la FIGANIERE. DEPOSITION OF GUILHERME J. DE LA FIGANIERE, A witness on behalf of the Claimant, taken before Charles W. Newton, a Commissioner of the Circuit Court, at the City of New York, on the nineteenth day of February, A. D. 1859. Int. 1. Whatis your age and business? Where do youreside? How long have you been in business in the City of New York? State what kind of business you are or have been engaged? If you state you are or have been engaged in business in the African trade, or in business connected therewith, state how long you have been engaged in that trade or business ? To the First Direct Interrogatory he saith: Ans. My name is Guilherme J. de la Figaniere. I am thirty years 25 98 old. Ihave no business at present. I reside in the City and County and State of New York. I was engaged in the importing and commis- sion business in this city from the year 1850 up to about 1858, when I closed up my business. My business, during this period, was extended generally to the African trade and business connected therewith. Int. 2. If you state to the last Interrogatory that you are or have been engaged in the African trade, or in. business connected therewith, state to what part of Africa you have traded, or what has been the character of said business? State whether or not goods are exported from the port of New York to the south-west coast of Africa, or to such parts of the coast as you may have traded for the purpose of legal trade? If yea, do you know the different kinds of goods so exported ? If yea, state generally what kind? Look at the list of articles here shown you, marked Exhibits, (A & B,) and state if you recognize any of those articles as of the kind usually exported to said coast for the purpose of legal trade? If yea, which of them are so exported? State whether or not there is anything unusual in the character of these articles as a manifest of cargo, or as a cargo for legal trade on said coast? If yea, what? State what you know as to the shipment of such a cargo as these articles would make from the port of New York for said coast? State how far such a cargo is usual or customary or otherwise for the purpose of legal trade on said coast? To the Second Direct Interrogatory he saith: Ans. Ihave traded with most of the ports where trade is carried on in Africa; the business I have carried on with the various ports in Africa has been in sending out almost all kinds of merchandise, domestic goods, lumber, rum, casks, and in fact almost every kind of mer- chandise; all kinds of goods are exported from New York to the south- west coast of Africa for the purpose of legal trade. Iam perfectly acquainted with all the different kinds of goods exported to the coast of Africa, and those I have mentioned are the kinds exported; I have examined the list of articles marked “A and B” and recognize them as the kinds of merchandise usually exported to the coast of Africa for the purpose of legal trade upon the coast; I can see nothing unusual in the character of these articles asa manifest of cargo or as a cargo for legal 99 trade on the coast of Africa; every person having any trade with the coast of Africa would ship most generally a cargo similar to that desig- nated in Exhibit “A and B.” Int. 3. State whether or not it is usual or customary to ship casks to said coast. If yea, for what purpose are they so shipped? how are they usually stowed on board the vessel; are they filled with anything on being so shipped? if with water, what kind of water, and why are they so filled? State whether or not it is usual to ship lumber to said coast? If yea, what kind and description? if lumber, for what purpose is it used on said coast and what part of the vessel is it usual to stow the same? If you state that casks are usually shipped to said coast for the purpose of bringing home palm oil, state what kind of casks are shipped and how the oil is generally obtained? whether or not at one or more places on said coast? State whether or not it is customary for vessels engaged in lawful trade to stop at different places on said coast for the purposes of trade and what kind of trade and how such trade is conducted? State what is the process of preparing palm oil on said coast for the purposes of shipment? Whether or not boilers are used for boiling the oil in its preparation? If yea, what kind of boilers and how used? What part of said coast is the palm oil obtained ? To the Third Direct Interrogatory he saith: Ans. It is customary and usual to ship casks to the coast of Africa. They are shipped for the purpose of putting oil in. We sometimes ship them filled with water, for ballast, when we have not sufficient cargo, and we sometimes ship them in shooks. It depends upon our orders, and also upon the kind and amount of cargo we desire to send. If we have but a small cargo, we would usually ship the casks filled with water. They are filled with water to protect them against any cargo that might be stowed on them, and also to keep them water-tight, and if they are shipped for the purpose of ballast, then they must have water in them. As to the kind of water put in them it depends upon the facility of obtaining it. We would get it where we could get it the easiest and cheapest. Croton water is usually the cheapest. It is usual to ship lumber to the coast of Africa. We ship all kinds of lum- ber — generally boards. I do not know what particular use they are put 100 to on the coast, except for the ordinary purposcs they would be used anywhere. I have seen lumber stowed on deck and under deck. It would depend much upon the cargo and kind you would take as to where you would stow the lumber. We ship most all kinds of casks to bring home palm oil, both small and large ones. Palm oil is obtained at the different ports of trade on the coast. It is customary for vessels to stop at different ports on the coast for lawful trade, such as buying and exchanging for the various products on the coast, as palm oil, gum copal, hides, and various other articles. The palm oil is boiled before ship- ping, in boilers, which are shipped for that purpose. The boilers used for that purpose are sometimes round and sometimes square. Palm oil is obtained at most of the places on the coast. Int. 4. Do you know the bark “Isla de Cuba?” If yea, how long have you known her? Who have been her owners since you have known her, and in what trade has she been employed? State whether or not you have known of said barque making any voyages. If yea, what? how many? where did she go, and in what trade was she engaged? State whether or not she left the port of New York on starting on either of those voyages. If yea, where did she go? Did she take any cargo on board? If yea, of what did said cargo consist? What was the object of said voyages? Who was her master? Had she a super- cargo? If yea, who? State all you know relating to said voyage or voyages. Have you any connection with, or interest in, said barque at present? To the Fourth Direct Interrogatory he says: Ans. I know the barque “Isle de Cuba,” and have known her about three years. I have been her owner during the time. I have known her, and she has been engaged generally in the African trade. I have known her making various voyages. I cannot tell exactly how many, some five or six she made to the coast of Africa, and one to Portugal. Her voyages to the coast of Africa were made in the usual African trade. She left the port of New York on starting upon every one of her voyages. I do not now remember the particular ports at which she stopped, but know that she has been to Loando, Loaugo, Abris, Bithenin, and other ports on the coast. She always took cargo on board when 101 she made her voyages to the coast of Africa. Her cargoes generally consisted of those articles shipped to the coast. The object of her voyages was for trading generally. A man by the name of Thomas Smith was her master. She has sometimes taken out a supercargo. There was a man who went out as supercargo by the name of Beto. I think upon one of her voyages she went out to the coast of Africa with general cargoes, and exchanged them for and bought palm oil and other products of coast, with which she returned to this port. I have no con- nection with or interest in said barque at present. Int. 5. Do you know anything else material or necessary or that may tend to the benefit or advantage of the claimant in this cause? If yea, state the same as fully as if specifically interrogated in reference thereto. To the last Direct Interrogatory he saith : Ans. I do not, to my knowledge. Cross-Interrogatories to Guilherme J. de la Figaniere and Answers Thereto. Cross-Int. 1 Have you ever dispatched any vessels to the coast of Africa, or been agent or factor for other parties to dispatch to the coast of Africa vessels? If so, state what vessels you have so dispatched during the last four years. Give the name and class of each vessel, and the name of the port to which, and of the factor or consignee on the coast to whom, she was so sent. To the First Cross-Interrogatory he saith: Ans. Ihave dispatched vessels to the coast of Africa; never have been agent or factor for other parties to dispatch vessels to the coast of Africa. Ihave dispatched, during the past four years, the barque “Tsle de Cuba,” brig “ Charlotte,” “Jane P. Glover;” these are the only ones I now can remember; these vessels went to different ports on the coast of Africa and consigned to different persons at the various places on the coast. Ido not now remember the names of all the consignees to whom they were sent. I remember at Loando, Brandao, 26 102 Castro, at Sar Lon, John Silva. If I had my papers and Ictters with me I might give more of them. Cross-Int. 2. Have any of the vessels which you have so dispatched been arrested or seized by the cruisers of any Government, and if so, which and how many ? To the Second Cross-Interrogatory he saith: Ans. They never have been seized by the cruisers of any Govern- ment. Cross-Int. 3. What acquaintance have you with fitting out and equipping vessels for the African slave trade, and do you know what things are requisite to fit out and equip a vessel of two hundred and twenty tons for that trade? If so, please state them. To the Third Cross-Interrogatory he saith: -dns. Ihave no acquaintance with fitting out and equipping vessels for the African Slave Trade, nor do I know what things are requisite to fit out and equip a vessel for the slave trade. Cross-Int. 4. Whether or not the traders resident on the coast of Africa are not purchasers of slaves as well as other articles of mer- chandise, and whether or not the traders resident on the west coast of Africa do not ship cargoes of slaves to America. Whether or not the outfits for a slaver are manufactured in Africa or are imported there, either in the slaver or in some other vessel. To the Fourth Cross-Interrogatory he saith: Ans. Ido not know whether the traders on the coast of Africa are or not purchasers of slaves; nor Ido not know whether or not the traders, resident on the west coast of Africa, ship cargoes of slaves to America; and I do not know whether the outfits for a slaver are manu- factured in Africa or imported there, either in the slaver or any other vessel. Cross-Int. 5. State whether or not casks are used on board of slavers to hold water for the crew and passengers ? To the Fifth Cross-Interrogatory he saith: Ans. Ido not know anything about whether casks are or not used on board of slavers to hold water for the crew or passengers. 103 To the Fourth Interrogatory the Libellant objects to the question as irrelevant. Cross-Int. 6. If you have stated in your answer to the Fourth Inter- rogatory that one Dobson was at any time master or owner of the “Isla da Cuba,” state whether he has been engaged in the African trade, and for how long? also, whether or not he has owned other vessels which have been engaged in the slave trade? and especially whether he was not the owner of the brig “Echo,” or “Putnam,” prior to the voyage in which she was captured, with over three hundred negroes on board, by the U.S. brig-of-war “ Dolphin ?” To the Sixth and Last Cross-Interrogatory he saith: Ans. Ihave not stated that one Dobson was at any time master or owner of the “Isla da Cuba,” and do not know whether he has owned yesscls which were in the slave trade, or the brig “ Echo,” or “ Putnam.” G. J. DE LA FIGANIERE. DEPOSITION OF HENRY C. SMITH, o A witness on behalf of the claimant, taken before Charles W. Newton, a Commissioner of the Circuit Court, at the city of New York, on the twelfth day of May, A. D. 1859. Int. 1. What is your age, business, and occupation? Where do you reside? How long have you been a Custom House broker ? To the First Direct Interrogatory he saith: Ans. Iam about thirty-eight years of age; my business is that of Custom House broker; I reside in Jersey City; my place of business is at 25 Pine Street, in the city of New York; I have been a Custom House broker about twenty years. Int. 2. Do you know the American barque “Isla da Cuba?” State whether or not you know of her leaving New York on a voyage to the coast of Africa in the month of August last. If yea, state whether or not you had anything to do with clearing said vessel and 104 her cargo at the Custom House in New York before she sailed. If yea, what, and what you know of her clearing as well as her cargo ? State whether or not you have been in the habit, as a Custom House broker, of clearing vessels and their cargoes from New York for the coast of Africa for the purpose of legal trade. If yea, how long? State whether or not you are acquainted with the kind of goods usually shipped from New York for said coast for the purpese of legal trade. If yea, what kind of goods are so shipped? Look at the lists of articles hereto annexed, marked Exhibits, (A & B,) and state whether or not there is anything unusual in the character of such articles as a manifest of cargo for said coast. If [yea,] what? tate whether or not beans are ever shipped to said coast for the purpose of legal trade. To the Second Direct Interrogatory he saith: Ans. I know the American barque ‘Isla da Cuba.” I know of her leaving New York on a voyage to the coast of Africa in the month of August last. As broker, I had all to do with clearing her, at that time, from the port of New York; her clearance was in every respect in the regular and customary way, and her cargo was that usually sent out and cleared at this port for the coast of Africa; it was what we call regular trading cargo. Ihave been in habit during the past twenty years, as broker, of clearing vessels and their cargoes for the coast of Africa, and all other ports, for the purposes of legal trade. Iam acquainted with the kinds of goods usually shipped from New York to the coast of Africa for the purposes of legal trade. The goods usually shipped are bread-stuffs, lumber, empty casks for palm oil, which are sometimes sent in shooks and sometimes put up and filled with water, rice, bread, codfish, hardware, dry goods, boilers, medicines, liquors, &c. Ihave examined the list of articles contained in Exhibits “A & B,” hereto annexed, and can see nothing unusual in the character of such articles as a manifest of cargo for the coast of Africa. Beans are sometimes shipped from this port as an article of legal trade, but generally on account of the high price. Int. 3. Do you know any other matter or thing material or neces- 105 sary or that may tend to the benefit or advantage of the claimants? If yea, state the same as fully as if specifically interrogated thereto. To the last Direct Interrogatory he saith: Ans. J do not, without my attention is called to some matter by a question. Cross-Interrogatories to Henry C. Smith and Answers Thereto. Cross-Int. 1. If you state that you know respecting the legal trade to the coast of Africa, then please state how and by what means you know that the goods, cargoes and vessels you have been in the habit of clearing at the Custom House were for the purpose of the legal trade on the coast of Africa. To the First Cross-Interrogatory he says: Ans. From the fact that I have cleared vessels which have returned to this port, always taking about the same cargo, and all vessels that I ever knew going to the coast of Africa for the purpose of legal trade, took about the same cargo. Cross-Int.2. Are you acquainted with the kinds of goods usually shipped from New York and with the kind of vessels usually cleared from that port for the purpose of the illegal trade on the coast of Africa, sometimes called the slave trade? If so, state fully what kind of vessels and what cargoes are sent for such purposes ? To the Second Cross-Interrogatory he saith: Ans. Iknow nothing about the kinds of vessels cleared from the port of New York for the purpose of illegal trade on the coast of Africa. I don’t know what kind of vessels or cargoes are sent for the purpose of illegal trade. Cross-Int. 3. How and by what means do you distinguish cargoes and vessels, for the purpose of the slave trade, from those for the pur- pose of the legal trade on the coast of Africa? State fully and particu- larly. To the Third Cross-Interrogatory he saith: Ans. 1 know nothing about the slave trade, only about the legal trade, and therefore I cannot state particularly how they are different. 27 106 Cross-Int. 4. What vessels have you cleared for the coast of Africa during the past four years? To the Fourth Cross-Interrogatory he saith : Ans. Ihave cleared a great number, so much so that I am unable to state particularly their names, or rather the names of all those I have cleared. Iam in the habit of clearing vessels daily for that and all other ports. I can recollect at present as having cleared for the coast of Africa the Glover, Charlotte, Lewis, the Isla de Cuba, B. A. Mum- ford, Ellen and Merchant, and the Charlotte and Isla de Cuba I remem- ber of clearing a great number of times. I cleared these vessels during the last four years. Cross-Int. 5. Have you ever heard or read that any of them had been afterwards seized ona charge of being engaged in the slave trade ? If so, which vessels ? To the Fifth Cross-Interrogatory he says: Ans. I heard that the Ellen and Merchant were seized on a charge of being engaged in the slave trade, and afterwards found to be inno cent and discharged. Those are all I now remember of. Cross-Int. 6. If you answer that you cleared the “Isla de Cuba” last August, state who employed you todo so? When and where was the bargain made? Where were you paid? at whose store or office ? and in what street? and at what number? State who gave you the manifest? and in whose handwriting it was? and where were you when it was given to you? and whether you have had or now have any interest in the “Isla da Cuba,” or her cargo, or in the results of her voyage? And who signed the bills of lading of the cargo? To the Sixth Cross-Interrogatory he says: Ans. The owner employed me, I suppose. Ido not remember his name now. The arrangement or bargain was made at the Custom House. I was paid at the Custom House when I cleared her, as is usual in a majority of cases. _ The Captain gave me the manifest. I do not recollect in whose handwriting it was. I am mistaken; the Captain gave me the shipper’s clearance, as is usual, and then from that I made out the manifest. I presume I was in the Custom House when I received the shipper’s clearance. I never had or now have any inter- 107 est in the “Isla de Cuba,” or cargo, or in the results of her voyage. I don’t know who signed the bills of lading of the cargo. HENRY C. SMITH DEPOSITION OF THOMAS T. SMITH, _- A witness on behalf of the claimant, taken before Charles W. Newton, a Commissioner of the Circuit Court, at the city of New York; on the twenty-sixth day of May, A. D. 1859.. Int. 1. What .is your name, age, and occupation, and where do you now reside? Ifa ship master, how long have you been in that employ- ment ? To the First Direct Interrogatory he saith: Ans. My name is Thomas T. Smith. I am thirty-one years old, and by occupation a seaman. I follow the sea as ship master at the present time. Ihave been going to sea for the last twenty-one years, and have been master of ships for the last eight years. Int. 2. Do you know the American barque “Isla da Cuba?” If yea, how long have you known her? State whether or not you have ever made a voyage in her. If yea, in what capacity, and how many, and where did you sail from and to on each of said voyages, and for whom did you sail said vessel on each of said voyages? If you state you sailed in said barque from New York to the coast of Africa, state what part of said coast, and to what ports or places, you visited on each of said voyages? State whether or not you carried any cargo on said voyages. If yea, state particularly of what said cargo consisted, both on your outward aud return voyages ? To the Second Direct Interrogatory he saith: Ans. Iknow the American barque “Isla de Cuba,” and have known her some four years and a half. I have made three voyages in her as master. I went to the coast of Africa from New York city two voyages in her, and also one voyage from New York to Portugal and back to New York. On my first voyage from New York to the coast of Africa 108 in her I was bound to Benguidla, and put into Ambis, being short of water. On this voyage I went into Benguilla, Loando, Zare, Ambis. I believe these are all the places I went into on that voyage. On my second voyage to the coast of Africa in her I went to Accra, Quita, Little Papo, Grand Papo, Agua, Whyda, and some other few small places between these places, the names of which I cannot remember without the chart. And on my third voyage, I went, as I have stated, to Portugal. On my voyages to the coast of Africa I carried cargoes consisting of shooks, lumber, provisions of all kinds, such as beef, pork, rice, beans, candles, cheese, &c. I also carried medicines in chest, and on one voyage I carried eight hundred kegs of powder. On the ground tier of the vessel I carried water in casks to keep them tight, in order to fill them with palm oil as I traded my goods off. On my return voyages I brought back palm oil, small portion of ivory, Ursula or dye stuff, and some copper ore, gum copal, &c. I forgot to mention that I carried on both of my voyages to the coast of Africa large quantities of rum. Int. 3. State whether or not you are acquainted with the kind of goods annually shipped from New York to the south-west coast of Africa for the purpose of legal trade. If yea, state of what kind they consist. Also, state whether or not there is any difference in the character of cargoes usually shipped to different parts of the coast of Africa for the purpose of legal trade. If so, what is the difference? Look at the list of articles hereto annexed, marked Exhibits, (A & B,) and state whether or not there is anything unusual in such a list as a cargo for said coast. If yea, what? State whether or not there are any articles on said list not usually shipped to said coast. If yea, which are they ? Name them? Do you know how such a cargo is usually stowed? If yea, state how? State how casks and lumber are usually stowed. State if the casks are usually filled. If yea, with what? If with water, what kind, and what is the best kind, and why? What are such casks taken to said coast for? How many are usually taken on a ves- sel of the size of the barque “Isla da Cuba?” How many did you take on the voyage you have mentioned? If you state that casks are taken for the purpose of bringing home palm oil, state how the oil is 109 obtained on said coast, and how the casks are filled with the oil. State whether or not the palm oil is obtained on the south-west coast of Africa, and whether or not it is usual to obtain a cargo of the oil at one port or place. If not, at how many, and in what quantities at each place? How are cargoes taken to said coast usually disposed of ? To the Third Direct Interrogatory he saith: Ans. Tam acquainted with the kind of goods annually or usually shipped to the south-west coast of Africa for the purpose of legal trade. They consist of rum, powder, muskets, all kinds of dry goods, brass rods, beads, and all kinds of provisions, all kinds of hardware, medicines of all kinds, lumber, white sugar, peas, beans, rice, crockery. Some vessels carry boilers to sell. I never have myself. I have carried them out to try out the oil I buy. Ido not know whether there is any difference in the character of cargoes usually shipped to the coast of Africa for the purpose of legal trade; so far as my experience goes, they are pretty much the same. Ihave examined the list of articles contained in Exhibits “A & B,” and I can see nothing unusual in such a list as a cargo for legitimate trade on the coast of Africa. I can see no article. in the list which is not usually shipped to the coast. I have carried every article contained in the list myself, to the coast of Africa. Casks are usually stowed on board the vessel in the bottom, unless she has between decks, where they are sometimes stowed; lumber is stowed wherever you can get a good place, where it will take the least room; casks are usually filled with water for the purpose of preserving them tight in order to bring back the palm [oil] in them. When I went out on. my first voyage, I filled the casks with salt water, that being the easiest, and in pumping it out, it had rotted in the casks so as to blind the crew who were at work in pumping. Always after that I carried fresh water, as it kept better, and I believe it is usually customary to carry fresh water, as it is far easier to get, and cheaper than salt. All you have to do is to put the hose direct from the hydrant into the casks, and can fill them in a much less time than by pumping in salt water. Casks are taken to the coast for the purpose of being filled with palm oil. I can’t say how many casks are usually taken by ships. Some take more and some take less. On my last voyage in the “Isla de Cuba” to the 28 110 coast of Africa, I believe I took out some two or three hundred in all, large and small. We had a great number of small casks, which would hold from five to ten gallons, and the largest ones some two or three hundred gallons. Palm oil is obtained on the coast by trading off the cargo. When we go into the small ports we employ a cooper to put up the shooks, and then while there we trade off our goods from port to port until we have nothing left on board but the casks filled with water, and then, upon our return, we stop at the same ports and take in the palm oil, which we have traded our goods for, and pump out the water as we collect the palm oil, which is put in the casks as the water is pumped out. Some of the palm oil is quite hard, and we are obliged to boil it down to make it run, in order to pump it into the casks. Palm oil is obtained usually on the south-west coast of Africa, at the various small places or ports on the coast. Sometimes, where the party sending the vessel out has an agent on the coast, he will collect sufficient palm oil at one port to make upa cargo; but, if he should have no agent, then we would be obliged to go to all of the small ports and procure the palm oil in such quantities as he can collect, varying from ten gal- lons upwards, according to the goods I might sell at the port. Cargoes are usually disposed of in this way, by trading off, as I have stated. Int. 4. State whether or not you know if beans, guns, swords, iron rods and domestic dry goods are usually shipped to said south-west coast. If yea, for what purpose are they so shipped? What kind of lumber is usually shipped to said coast, and for what purpose is it used there? If for building, state whether or not you know the kinds of medicines or drugs usually shipped to said coast. If yea, look at Ex- hibit, (B,) hereto annexed, and state whether any of such medicines or drugs, as therein mentioned, are used on said coast. If yea, which of them, and for what purpose? State whether or not you know the kind of boilers usually used in obtaining the palm oil on said coast. If yea, describe the kinds so used. State whether or not you know what kind of casks are usually shipped to said coast to obtain palm oil. If yea, what kind and how the oil is put in them. State what other articles are obtained on said south-west coast besides the oil, and anything you have not already stated as to how a trading voyage on said coast is conducted. 111 To the Fourth Direct Interrogatory he saith: Ans. Ihave already stated that I know of the various articles men- tioned in this Interrogatory being shipped to the south-west coast of Africa. I believe, in fact I know, that all of the articles mentioned are usually shipped to the coast for the purpose of legal trade. Lumber is shipped to the coast for the ordinary purposes of building, &c. Large quantities are used for the purpose of making heads to the palm oil casks. Iam acquainted with the kinds of medicines or drugs usually shipped to the coast. I have examined Exhibit “B,” containing a list of drugs and medicines, and do not find any mentioned therein; but such are used on the coast for the purposes they are used here, that is, for sickness. The kinds of boilers usually used for the purpose of boiling the palm oil in, are round, though I have seen square ones, and I don’t know but I have seen as many of one kind as the other. I do n’t know that there is any particular shape; all kinds of casks are shipped to the coast to obtain palm oil, in both large and small. J have stated already how the palm oil is put in the casks; it is usually run through hoes, while it is warm, into the cask. I believe I stated about all the kinds of goods usually obtained on the south-west coast, except, perhaps, I might say, all kinds of gums and dye woods are ob- tained. I have stated how a trading voyage on the coast is conducted. Int. 5. What are the sailing qualities of said barque, as to speed? State whcther or not there is anything unusual in the construction, or her cabin and galley. If yea, what? State whether or not you had a supercargo on either of the voyages you have mentioned; and if yea, which of them? What are the qualities of said barque for carrying freight? For what purpose is she best adapted ? What was her con- dition when in your command? State whether or not there is any- thing unusual in leaving off articles from the manifest in freighting a vessel with a general cargo; if not, to what extent is it so done? To the Fifth Direct Interrogatory he saith: Ans. The Isla de Cuba is an unusual slow vessel; one of the old class vessels. There is nothing unusual in the construction, her cabin or galley. I hada supercargo on the last voyage I made: in the Isla de Cuba. Her qualities are what you might term fair, as to carrying 112 freight. I can’t say for [what] purpose she is best adapted. She is a vessel that would be able to go to most any place. Her condition was not very good when I was in command of her. I left her because I wanted her owners to repair her, and they were not able. It is quite common to leave off articles from the manifest in freighting a vessel with a general cargo; in fact, [have this very day left off from my manifest quite a number of things. It is quite usual to leave the small things, putting in only the great bulk of the articles. Int. 6. Do you know anything else material or necessary, or that may tend to the benefit or advantage of the claimants? If yea, state the same as fully as if specifically interrogated thereto. To the last Direct Interrogatory he saith: Ans. Ido not, except that while I was [in] the Isla de Cuba the owners had a brig which was running in a line with me in carrying on nothing but a legal trade with the coast of Africa. Cross-Interrogatories to Thomas T. Smith and Answers Thereto. Int. 1. Have you ever visited and examined a vessel on the coast prepared to carry a cargo of slaves? or, have you ever made a voyage ina slaver? If so, state what arrangements are made for the accom- modations, what provisions are provided for the food, and how the slaves are fed and stowed, both in relation to their sexes and otherwise. To the First Cross-Interrogatory he saith: Ans. I went on board of a vessel said to be a slaver, but her hatches were down and I did not see whether she was or not prepared to carry slaves. I have never made a voyage in a slaver, and therefore am unable to say what arrangements are made for the accommodation of slaves, or any other matter connected therewith. Cross-Int. 2. Whether at the trading ports on the coast of Africa where you have been, slaves are kept for sale or for export to America, and whether the same merchants who deal in slaves do not also deal in palm oil, ivory and other products of the coast, and in the European and American goods which are sent to the coast for sale. 113 To the Second Cross-Interrogatory he saith: Ans. Slaves are kept for sale at some of the ports on the coast of Africa where I have traded, but whether they are for export to America or notI do not know. I could not say whether the merchants who deal in palm oil, ivory and other products of the coast, do or not deal in slaves, or whether merchants dealing in European or American goods deal in slaves. Cross-Int. 3. What is the usual allowance of fresh water per head for the crew of a trader on the coast of Africa, and at what places on the south-west coast can traders obtain a supply of fresh water ? To the Third Cross-Interrogatory he saith: Ans. We have to carry under deck, by the requirements of the United States laws, sixty gallons for every person on board; but on a long voyage we take all we can carry; fill up everything we have that is proper for the purpose. Fresh water is the easiest obtained in the River Congo, and the Island of St. Thomas or Fernando Po is also a good point to get fresh water; we often take it at other places. THOMAS T. SMITH. DEPOSITION. OF PATRICK BURNS, =—//.# A witness on behalf of the claimant, taken before Charles W. Newton, a Commissioner of the Circuit Court, at the City of New York, on the eighth day of March, A. D., 1859. Int. 1. What is. your age, business, occupation, and where do you reside? How long have you been living in the city of New York, and how long have you been a stevedore ? To the First Direct Interrogatory he saith: Ans. Jam about fifty-two years of age, to the best of my recollection. I am a stevedore, and do business at it in the city of New York, where I reside. I have resided in the city of New York between twenty-three and twenty-four years, during which time I have been stevedore. 29 114 Int. 2. Do you know the bark “Isla da Cuba?” How long have you known her? Can you state about the time she left the port of New York on her last voyage, and where she was bound? Who stowed her cargo before she sailed? Where did she lay when it was stowed ? State generally what it consisted of, and how it was stowed. To the Second Direct Interrogatory he saith: Ans. I know the bark Isle de Cuba, and hare for about two years past. I cannot state the time she left the port of New York on her last voyage, but was informed she was bound for the coast of Africa. I stowed her cargo before she sailed on her last voyage. She took in part of her cargo above Broom street, in the East River, and also a part of her cargo she took in at Picr 50, same river, and she finished taking in her cargo in the North River. I don’t remember exactly the pier. The ground tier of her cargo was stowed with water casks, well headed, fit to take in palm oil, which was my orders. On the next tier I stowed some lumber. I filled the casks with fresh water. I stowed her also with some crates, rice, flour, and other provisions. She had what I call a general cargo. J am unable to state what in particular it consisted of. Int. 3. Have you had any, and what experience, in stowing the car- goes of vessels bound on trading voyages from the port of New York to the south-west coast of Africa? If yea, to what extent? Can you state whether or not lumber and casks are sent to said coast? If you say they are, declare in what part of the vessel such casks and such lumber are usually stowed, and whether such casks are usually carried empty or filled. If filled, with what substance they are usually filled? Had you any, and if any, what directions different from the usual man- ner had you as to stowing the cargo of this vessel ? To the Third Direct Interrogatory he saith: Ans. I have had great experience in stowing the cargoes of ves- sels bound on trading voyages from the port of New York to the south- west coast of Africa. During the time I have been stevedore I have often stowed cargoes for trading voyages for the coast of Africa. I could not tell how many I have stowed, but I can say many hundred. I have very often stowed casks and lumber for the coast. When lumber 115 and casks are sent, they are usually put forward and aft. The casks are usually taken out filled with water. Sometimes it is fresh, and sometimes salt, whichever is the cheapest. Fresh water is much the cheapest. Sometimes casks are taken out in shooks, when they have cargo heavy enough to ballast the vess3l. I had no orders to stow the Isle de Cuba different from the usual and customary manner in stowing any vessel in the African trade. Int. 4. Did you ever stow a cargo for this barque before? If yea, what did her cargo consist of at such time or times, and how was it stowed? Where was she bound, and did she return after the voyage to New York, and if any, with what cargo? Were you present at the time the cargo came on board this barque for her last voyage, and up to the time of her sailing? If yea, was there anything peculiar or sus- picious in fitting her for sea? If anything, what? How are casks shipped for the coast of Africa generally stowed, as to putting anything in them? If they are filled with water, what kind of water are they filled with? If with fresh water, is there any particular reason for doing so? State whether or not there was anything unusual, or whether any alterations were made in the cabin or galley of said bark, on her leaving New York on her last voyage. To the Fourth Direct Interrogatory he saith: Ans. Ihave stowed a cargo for this bark before; I remember now I have stowed this bark twice before her last voyage; the cargo I stowed in her the first time consisted of rum, tobacco, shooks, lumber, rice, pro- visions, &c., and the second time I stowed her fore and aft with water casks filled with water for ballast, and rum and tobacco midships, shooks and lumber, rice, flour and other provisions; I understand she was bound for the coast of Africa on both of these voyages; she did return after both these voyages with palm oil and I discharged her; I was present at the time tie cargo was put on board of this barque for her last voyage and remained on board up to the time she sailed; I did not see anything peculiar or suspicious in her cargo or in fitting her for sea; she was fitted for sea in the same manner of all vessels in the African trade; casks, as I have said, are generally stowed forward and aft, and if they are filled with anything it is generally with fresh water, 116 because it is the cheapest; I can fill alone two hundred casks with fresh water in three hours and it would take five men three days to fill them with salt water, besides paying five dollars a day for a force-pump; I could see nothing unusual in the stowing or fitting out, &c., of the barque on her last voyage; there were no altcrations made in her cabin or galley on leaving New York on her last voyage that I know of, and if there had been I certainly would have seen it. Int. 5. Do you know anything else material or necessary or that may tend to the benefit or advantage of the claimants in this cause? If yea, state the same as fully as if specifically interrogated in reference thereto? To the Last Direct Interrogatory he saith: Ans. IJ do not to my knowledge. Cross-Interrogatories to Patrick Burns and Answers thereto. Cross-Int. 1. Who employed you to stow the cargo of the “Isla da Cuba?” who paid you? where were you paid and in what way? if by eheque, what name was signed to it and on what bank or banker was it drawn? who received the said cargo and gave hills of lading therefor, and to whom? and at whose store or office did you report as you stowed the cargo and received directions from? To the First Cross-Interrogatory he saith: Ans. Mr. Saunders employed me to stow the Isla de Cuba and paid me; he paid me sometimes at the foot of Rutger st. and sometimes on board of the vessel; he paid me by the day and in money; the mate received the cargo on board and signed the receipts to the carmen; I do not know who gave bills of lading; [I do not know where the bills of lading were given; I reported to Mr. Saunders, my employer, who was the head stevedore and put me in charge; I received directions from him. Cross-Int. 2. Do you know how cargoes are stowed which are des- tined for the slave trade on the coast of Africa? If so, state fully ? Describe particularly what differences you would have made in stowing 117 the “Isla da Cuba” had you been informed she was destined for the illegal trade on the coast of Africa ? To the Second Cross-Interrogatory he saith: Ans. J do not know how cargoes are stowed which are intended for the slave trade; I do not know how I should have stowed her if I had been informed she was for the slave trade, as I know nothing about it or what they would take for that trade. hi PATRICK x BURNS. mark. In presence of C. W. Newton. DEPOSITION OF JOSE DE SOUZA CORREA, IF A witness on behalf of the Claimant, taken before Charles W. Newton, a Commissioner of the Circuit Court, at the city of New York, on the first day of March, A. D. 1859. And it appearing that said Correa was a foreigner, and unable to speak or understand the English lan- guage, thereupon one Lewis W. Tinelli was by said Commissioner duly sworn and cautioned to truly interpret to said Correa, all and singular, such Direct and Cross-Interrogatories as should be pro- pounded by said Commissioner. And the said Jose de Souza Correa was sworn through said Interpreter to give true and correct answers, as follows: Int. 1. Whatis your age and business? Of what country are you a native? State whether or not you ever resided on the coast of Africa? If yea, where, and how long have you resided on said coast ? When did you leave there, and where did you go? If you came to New York, state how? when you arrived? and for what purpose you came ? To the First Interrogatory he saith: Ans. Jam twenty years of ave and am a commission merchant. I am a Portugese by birth. Ihave resided on the coast of Africa at Loanda and other ports. I resided at various ports on the coast for 30 118 about five years. Ido not remember exactly when f left the coast of Africa to come to the United States. I only remember that I arrived in New York in December, 1857. I arrived in New York in a sailing vessel, of which I now forget the name. My object in coming to New York was to do business between here and the coast of Africa. Int. 2. State whether or not you were engaged in business on said coast? If yea, how long? What kind of business, and where? State whether or not there is any trade between the south-west coast of Africa and the port of New York? Have you any knowledge of that trade? If yea, state how that trade is carried on? What kind of goods are obtained from said coast, and what kind of goods are shipped there ? To the Second Direct Intcrrogatory he saith: Ans. Iwas in business while on the coast of Africa all the time I resided there. My business was to buy and sell goods of lawful trade in Loanda and in other ports on the coast. I know there is a com- mercial intercourse between the south-west coast of Africa and New York. Iknow that there are some Americau houses established on the coast of Africa, but I do not know exactly what their principal branches of business are. I only know that palm oil, copper, ivory and gum are the articles most exported from the coast, and dry goods of all kinds, and also iron, hardware, provisions and medical drugs are the principal articles of importation. Int. 3. Do you know Captain Dobson, late of the bark “Isla da Cuba?” When and how did you first become acquainted with him? Did you ever make any agreement with him in reference to said barque? If yea, when? Look at the paper hereto annexed, marked Exhibit, (C,) and state whether or not you recognise that paper, and whether or not either of the signatures thereto affixed is yours. If yea, which of them? Do you know the other signature affixed thereto? If yea, whose is it? State what you know as to the making and execution of said paper, and whether or not you had any other agree- ment or understanding with said Dobson relating to said Larque, except such as is contained in that paper. If yea, state what that under- standing was. State whether or not you took any part in fitting said barque for sea on her last voyage from New York. If yea, what? 119 State what you know in relation to the purchase and ownership of the cargo shipped on board said bark at New York; whether or not said cargo was cleared at the Custom House in New York, and who by. State of what said cargo consisted, and for what purpose it was bought; if to be carried to said coast, how to be disposed of and used there; whether or not any part of it was such cargo as is not shipped to said south-west coast for the purpose of legal trade. If yea, what portion? Whether or not all of said cargo was on the manifest; if not, how come such portion omitted, and of what did it consist? Look at Exhibit D, hereto annexed, and state what you know of said Exhibit, and who signed it. To the Third Direct Interrogatory he says: Ans. I know Captain Dobson, late of the barque Isle de Cuba. I have known him on the coast of Africa, in the year 1856. I entered into an agreement with him in reference to the said barque Isle de Cuba about the middle of July, 1858, here in New York. I have looked at the paper marked Exhibit “C,” and I recognize it as being the original charter party entered into between myself and Dobson; the signatures affixed thereto are in my own and Dobson’s hand writing. J recognize both the signatures to be genuine. I know nothing farther about the execution and making of said paper marked Exhibit OC, and no other agreement or understanding with said Dobson was entered into between us relating to the bark Isle de Cuba, except such as is contained in said paper. I did not take any part in fitting said barque out for sea on her last voyage from New York. All the goods that were shipped on board of said barque were bought and shipped for my account and risque. The cargo was cleared from the Custom House in New York by Captain Dobson. All the goods that I bought or shipped on board of the barque were duly entered upon the manifest of the barque. It is impossible for me to enumerate every article so shipped on board the barque, but they all appear on the manifest; they were bought by me for the purpose of carrying them to the coast of Africa, there to be sold in a lawful trade on the coast. All the cargo was at first destined by me for the south-west coast of Africa. I believe that all the cargo was on the manifest, except a few trifles which were 120 omitted by me through forgetfulness, as four boxes containing a full assortment of medicines, a box containing some guns, and another con- taining hardware. I do not remember anything else having been omitted. I recognize the paper marked Exhibit “D” as the bill of lading of the goods shipped by me on board of the barque Isle de Cuba; it is signed in the handwriting of Capt. J. 5. Dobson. Int. 4. State whether or not you went on said voyage, and if any one went with you except the captain andcrew? If yea, who? In what capacity? Give the names of such persons? Where were they going? If to said coast, for what purpose, and to what place or places ? When did you sce said persons last, and where did you leave them? Are either of them now in New York? Had cither of said persons any interest in said vessel or her cargo? If yea, what? State whether or not you had any facilities for obtaining a return cargo on said coast for said vessel on her said voyage? If yea, what kind of cargo you expected to obtain? How did you expect to obtain it, and what ports did you expect to visit? State what was the condition of said vessel when she left New York? Whether or not any alterations or changes had been made upon her, before sailing, to your knowledge? If yea, what? Whether or not her cabin or galley were altered in any respect? If yea, in what? State whether or not you had any con- versation with Capt. Dobson relating to making a slave voyage? If yea, what? or whether or not you had any intention of going into such trade? To the Fourth Direct Interrogatory he saith: Ans. I went on the voyage myself, and there were three passengers on board beside the captain aud crew. The passengers were Portu- gees. Their names are Antonio Percira, Joseph Gomes Neto, Joseph Pereira Resende. ‘There were going to the coast of Africa. I do not know for what purpose they were going there. Their place of destina- tion was Loanda. I saw these passengers last and left them at the Azores Islands. None of them are in New York to my knowledge. I do not know whether any of these passengers had any interest in the vessel. They had none in the cargo, which was entirely my own. I had facilities to obtain a return cargo on said coast for said vessel on 121 her said voyage, such as copper, palm oil, gum and ivory. I expected to obtain said cargo in any ports on the coast of Africa, either by pur- chase or by exchange of my goods. I do not know of any change or alterations having been made to the barque, previous to her sailing from New York; but I am certain that ‘orders in this respect were given by me. I know nothing of any alteration having been made in the cabin or galley. My conversation with Capt. Dobson was wholly relating to my charter party, and nothing was asked or said between us in relating to slave voyage. I never had any intention of going into the slave trade. Int. 5. State how said cargo was stowed on board said vessel, and whether or not you gave any directions as to the stowage. If yea, what? State whether or not you had any arms on board said vessel. If yea, what, and for what purpose? If you state you had some guns, state what kind, and what kind are used on said coast. Whether or not you had any iron rods on board. If yea, for what purpose? State whether or not you had any medicines on board? If yea, state of what those medicines consisted, and for what purpose you shipped them on board. If you have a Jist of those medicines, annex the same hereto as part of your answer. How are cargoes of goods usually disposed of on said coast? State what sum or sums of money you or the pas- sengers or any other persons on beard said vessel on said voyage, had with you. What day and time of day did you sail from New York, and how did you go on board said vessel ? To the Fifth Direct Interrogatory he saith: Ans. I do not know how the cargo was stowed on board, and no directions were given by me as to the stowage. I had only half a dozen guns on board, which were intended for sale. They were common flint ; guns, such as are used on the coast of Africa. I had also a box of iron rods on board. They were intended for sale. I had also, as I have already stated, four cases of medicines, which consisted of a complete assortment of an apothecary store, and were also intended for sale. I have not with me a list of those medicines, and therefore I cannot annex it. Cargoes of goods are usually disposed of on the coast of Africa at the different factories, receiving in exchange other goods, products of 31 122 the country, for exportation. I do not know what money the passen- gers or other persons may have had on board said vessel; as for myself Thad none. I went on board of the barque in New York on the 12th of August. I think it was about eleven oclock in the morning. I went on board in a boat. Int. 6. After leaving New York, where did you go? If to Fayal, for what purpose? Why did you go there? How long did you stay there? Where did you go next? If at San Miguel, for what purpose did you go there? How long did you stay there? Had you anything to do with directing the vessel to Fayal and San Miguel? If yea, how come you to give those directions? Did you intend going there on leaving New York? State all you know in reference to stopping at those places, and where did you intend to go on leaving New York. State whether or not any part of the cargo was sold at Fayal. If yea, who by, and how much, and what portion of it? State whether or not any part of the cargo was sold at San Miguel. If yea, who by, how much, and what portion? State whether or not any cargo was bought or obtained at San Miguel. If yea, who by, and how much, and of what it consisted? If you state ‘of beans,’ ‘and that you purchased them,’ state what was the object of said purchase. What did you give for them? Do you know the price of beans on said coast? If yea, what are they usually worth? To the Sixth Direct Interrogatory he saith: Ans. After leaving New York we went to Fayal, because the captain was sick. We remained there five days. We went afterwards to St. Michael. I went there for the purpose of raising some by selling some goods, as the captain wanted part of the benefit money. We remained at St. Michael twelve days. The vessel was directed to Fayal and St. Michael by Captain Dobson, on his own accord, as he was sick, and did not wish to continue the voyage, and want to receive part of the charter money. I had no intentions of putting into those Islands when I left New York. I only intended to go direct to the coast of Africa, without stopping at any intermediate port. I sold some of the goods in Fayal, to pay the expenses of the vessel. I sold them myself. I sold there twelve barrels of rice. I also sold at St Michael part of the cargo, 123 consisting of some dry goods, for a little over one thousand dollars. I bought some beans at St. Michaels. I bought sixty alqucries. (The Interpreter here states that sixty alqueries is about twenty-two bushels. ) These beans I intended for sale on the coast of Africa. I paid for them sixty dollars. They generally bring seven dollars an alquerie on the coast of Africa. Int. 1. Whether or not Captain Dobson said anything to you about his leaving the vessel. If yea, when did he make such statement for the first time, and what did he say? What was the condition of his health ? State whether or not he ever said anything to you, or that you heard from him in any way, of his suspecting you intended to engage in the slave trade. If yea, when and what did he say? Where did Captain Dobson leave the vessel? State whether or not he appointed any one as master in his place on leaving. State whether or not the vessel sailed from San Miguel. If yea, under whose command? Who was on board ? State whether or not any one was taken on board at that place or at Fayal. If yea, who, and for what purpose? State whether or not said vessel obtained a clearance at San Migual. If yea, who from, and for what place? State all you know in reference to said vessel sailing from that place, where she was bound, and what was said to you by either Dobson or Turner on the subject before she cleared. To the Seventh Direct Interrogatory he saith: Ans. Captain Dobson spoke to me about leaving the vessel; he first spoke to me about it on our arrival at Fayal; he said he was very ill and was going to leave the vessel to the charge of his mate; he was really very ill; Capt. Dobson never said anything to me concerning the glare trade, nor did I ever hear from him in any way of his suspecting that I intended to engage in the slave trade; Capt. Dobson left the vessel at St. Michaels and appointed the first mate as master in his place; the vessel sailed from St. Michael under the command of the first mate as master; the three passengers and myself were on board when she sailed; I was supercargo; at Fayal we took on board a passenger for St. Michaels, who was an American who wanted to go to St. Michaels ; the vessel obtained a clearance at St. Michael from the Custom House for the coast of Africa; I do not know any thing particular in reference 124 to the barque sailing from St. Michael; the vessel was bound to Loango; nothing was said to me by either Dobson or Turner, the mate, before the vessel cleared, except what Dobson stated to me, that Turner was a good seaman and officer, and would safely take the vessel safely to the port of destination. Int. 8. State whether or not anything occurred between you and Captain Turner after the vessel left San Miguel. If yea, what? State all you know relating thereto. If you state you left said vessel, state how you came to leave. If you state you left said vessel, state how you came to leave, who left with you, and how they came to leave. State whether or not you and the others left of your own accord. If youstate the captain ordered you to leave, state whether or not he assigned any reason for doing so. If yea, what you said to him on the subject. State whether or not you or any of the others who left with you under- stood anything of navigation. If yea, what? State whether or not you and the others who left the vessel took anything with you on leav- ing. Ifyea, what? State whether or not any of you had any money. If yea, who, and how much? State where you went on leaving the vessel and how you got to New York. State where you left the other persons who left with you. State whether or not any of the other persons who left the vessel had any interest either in said vessel or cargo, or in the voyage, up to the time of them leaving. If yea, what? To the Eighth Direct Interrogatory he saith: Ans. Three days after we sailed from St. Michael, Turner showed to me a letter addressed to him by Captain Dobson, by which he ordered him that instead of steering to the coast of Africa he should take the vessel to New York, as he suspected that the voyage was intended for the slave trade, and that I intended to rob him of his vessel in order to take in a cargo of negroes. I then saw that it was his intention to bring me back to New York, which I did not wish to comply with, because, being a stranger there, I might be deceived by him. JI declared then my intention to go back to Fayal, and I asked him to put me in a launch for that purpose. Turner then said he would only put me on shore at Fayal on condition that I should give him a declaration signed by me that he was the real owner of the cargo, —— | | 125 which declaration I signed by his cumpulsion. He then consented to give me the launch, in which the three passengers and myself were put on shore at Fayal. It was of our own accord that we left the vessel. The captain did not order me to leave, but on the contrary he did not want to send me on shore unless the declaration above stated was given to him, which I did to avoid the effects of a conspiracy which he saw that Turner was concocting against him. J and the three passengers were put on board of the launch, without any sailors in her, at two degrees and a half from land, and we made for the Island of Fayal. Neither of us understood anything about navigation; we only took with us on leaving the vessel our respective luggage. I had no money with me, and I do not know whether the passengers had any or not; we were fortunate enough to get into Fayal, where I remained a month or so. I left there one of the passengers, and the two others left for Lisbon. I arrived in New York again in the month of December last. I do not know that either of the three person who left with me had any interest in the vessel. I was the only charterer of her, and the cargo was entirely owned by me. Int. 9. State whether you know how palm oil is put on board vessels on said coast. If yea,how? State whether or not they use boilers and furnaces in preparing the palm oil. If yea, what kind, and for what purpose, and what form is the oil obtained, and what kind of boilers had you on board as part of the cargo? State whether or not you paid Capt. Dobson any money. If yea, how much, when did you pay it,and what for? How came you to pay it? Did you consult with any one about paying the money? If yea, who, and what did he advise? State whether or not you have any receipt of the money so paid. If yea, who signed it? Answer the same as a part of your answer hereto. State whether or not you have a bill of lading of the goods you put on board said vessel. If yea, is it signed, and who by ? Answer the same as part of your answer hereto. Does it contain a list of all the goods you shipped? If yea, what are left out, and why were they left out? State whether or not beans are ever exported to said coast for the purpose of legal trade. If yea, to what extent, and where from? Look at Exhibits, (A and B,) hereto annexed, and state 32 Mm 126 whether said exhibits contain a correct statement of the cargo shipped by you on board said vessel. Also, state specifically as to each of said ar- ticles, whether or not they are such articles as are exported to said coast for the purpose of legal trade, and for what purpose they are used there. If you state lumber is used, state what kind of lumber. If you state medicines are used, state what kind, and whether or not such kind as designated in said Exhibit (B). State whether or not such iron rods are used on said coast as mentioned in said Exhibit(B). State whether or not you shipped any beans on said barque at New York, or whether there were any beans on said vessel, except such as you obtained at San Miguel. To the Ninth Direct Interrogatory he saith: Ans. I know how palm oil is shipped on the coast of Africa. Be- fore it is shipped it is generally boiled in boilers with furnaces, and after cleared and put in casks. The boilers are made of iron, and are of various sizes, being round. The oil is made by the negroes in the country, and brought to the factories in a crude state, where it is prepared and purified by boiling. The boilers I had on hand as part of the cargo were of the kind used on the coast for boiling the oil; they were used in furnaces in St. Michael. I paid Capt. Dobson eight hun- dred and thirty-three dollars and fifty cents on account of the charter party. I paid this on the 21st of September, 1858. The annexed is the original receipt given by him to me at the time it bears date, and is here marked by the Commissioner Exhibit E. I did not consult with any one about paying this money. The receipt marked Exhibit “E,” and annexed hereto, is signed by Dobson. I saw him sign it. The Exhibit shown to me, as annexed to the commission, and marked “ D,’) is the bill of lading of the goods which I shipped on the barque; it is also signed by Captain Dobson. I have no copy of it in my possession. The bill of lading contains all the goods shipped by me on the barque except the few boxes I have already stated as omitted through forgetfal- ness. Beans area very profitable article of export to the coast of Africa for a lawful trade to any extent and from any part. I have ex- amined the Exhibits “A” and “ B,” just shown to me, and find that they contain a correct statement of the cargo shipped by me on board of the 127 said barque; each and every article of them are such as are exported to said coast for the purpose of legal trade. A great deal of lumber is used there for buildings. It is generally pine lumber, from twelve to twenty feet long. All the medicines I had in the four boxes were such as are generally bought and sold at the factories on the coast of Africa. The iron rods mentioned in Exhibit B are used on the coast to secure doors and shutters of the windows on the inside. I did not ship any beans in New York. Ido not know whether there were beans among the provisions of the vessel. Int. 10. Do you know anything clse material or necessary, or that may tend to the benefit or advantage of the claimant, George M. Rea, in this cause? If yea, state the same as fully as if specifically inter- rogated in reference thereto ? To the last Direct Interrogatory he saith: Ans. Ihave nothing to add to what I have already stated. Cross-Interrogatories to Jose de Sauza Correa and Answers Thereto. The Libellant objects to the competency of this witness on the ground that he is interested in the cargo and in the voyage of the “Isla da Cuba.” Cross-Int. 1. What is your fullname? Where have you resided? and of what country are youa citizen? Have you been engaged in business on the coast of Africa on your own account, or as a factor, agent, or on commissions or salary for others? and at what places or ports? and for whom have you so been engaged ? To the First Cross-Interrogatory he says: Ans. My name is Joseph Souza Correa. Ihave resided for some years on the coast of Africa, and of late in the city of New York. I am a citizen of Portugal. I have been engaged in business on the coast of Africa solely on my own account. My trade was principally at Loanda, and I had business at several other small ports on the coast. Cross-Int. 2. Whether at such places or ports, where you have thus been engaged in business, there were any barracoons or slave prisons ? If so, who were the owners or managers of them? and whether you have known or been informed that any slaves were shipped from such 128 places or ports to America or elsewhere? State whether any slaves were to be purchased at such places as you have referred to. To the Second Cross-Interrogatory he saith: Ans. There are barracoons for slaves in the places or ports where I was engaged in business. Their owners and managers are all Frenchmen. I know that full cargoes of slaves were shipped from those ports both in sailing and steam vesscls for the West Indies. Slaves are not to be obtained at the port and places which I have referred to as my places of business, but they are generally brought on the coast from the interior by the French traders. Cross-Int. 3. [Libellant objects to the third interrogatory.] Who brought you and Dobson together? Whether you were informed that there was any other person interested in the barque besides Dob- son, and if so, who? Who drew up the papers referred to by you, and in whose handwriting are they? Who acted as agent or factor or commission merchant in receiving your goods, or buying them, paying for them or transacting other business as to this voyage for you in New York, and where was the place of business where these matters were transacted? Were you agent for any one in respect to this voyage or cargo, and if so, who were your principals ? To the Third Cross-Interrogatory he saith: Ans. I first knew Dobson on the coast of Africa when he was mate of a vessel, and afterwards I met him by mere chance in New York. I do not know of any other person being interested in the barque besides Dobson. The papers were made out by a friend of mine whom I happened to meet at the hotel; all the transactions and purchases were made by myself alone. I paid for the goods and sent them on board. I had no particular place where these matters were transacted. I was agent of no one; I was myself the sole owner of the cargo. Libellant objects to the other interrogatories as irrelevant and incompetent and leading. Cross-Int. 4. State whether or not you and the other passengers, or any of them, consulted together on the subject of killing Capt. Turner, or of taking the vessel, before you left said barque, and what was said or done to you in consequence. State also what alterations, in your 129 judgment, and what new supplies would have been necessary to prepare the barque “Isla da Cuba” to carry and provision a cargo of three hundred slaves from the coast of Africa to Brazil or Cuba. To the last Cross-Interrogatory he saith: Ans. I know nothing at all concerning this. I cannot give any information on the subject of alterations or supplies that would have been necessary to prepare the barque Isla de Cuba to carry a cargo of three hundred slaves from the coast of Africa to Brazil or Cuba, because I never was in any way engaged in any slave transaction or trade. JOSE DE SOUZA CORREA. L. W. Tinewe, Interpreter. Exhibit “E” on examination of Jose de Souza Correa. St. MIcHELS, Sept. 21, ’58. Received of J. S. Correa eight hundred and thirty-three dollars, fifty cents, on account of the charter party. $833.50. J. 5. DOBSON. 33 130 EXHIBIT A. Manirest of Part of Cargo Shipped by J. S. Correo, on board the bark Isle de Cuba, whereof J. 5. Dobson is Master, for Loando. New York, August, 1858. Value of Domestic Articles at Marks.} Nos. Packages and Conteuts. Quantities. |the Portof}; Total. |/Tobeland- Exporta- ed at tion. Cc BD Three cases Blue drills, 3977! yds.| $378 00 LOANDO. & Eleven bales } ssoo « &> Seven «“ 64902 « Sheetings, Five « 38071 + | > Four « J 3445° « | 1902 00 D Ten “Stripes, 8241 « 659 00 @) Three cases Handkerchiefs, 518 doz.| 591 00 37 a = Two <«“ 38 RX Ten bales Ticking, 8079! yds.| 687 00 D Fourteen bales Denims, 114873 « 976 00 M Four cases Boilers, 200 00 Se ae a DO oe “s Forty-two bbls. Rice, 10017 Ibs. | 382 00 Fe ee “ Thirty bbls. Pilot Bread, 2396 « 117 00 * ae “ Ninety Oil Casks, 602 00 » ee “ Fifty boxes Herrings, 22 50 SS £ “ Fifty cases Codfish, 5000 « | 250 00 LP Ls “ Fifteen M feet Box Boards, 270 00 “ Ten dozen Painted Pails, 22 50 G Forty-two bbls. Rice, 10091 « 385 00 M Seventeen Crates Crockeryware, 695 00 —|$8137 00 $8137 00 Custom, J. S. Correo. District and Port New York, Collector's Office, Dec. 18, ’58. I certify this to be a true copy of Shipper’s Clearance on file in this office. J. WHITE, D’y Collector. 131 Smita & Lockwoon. District of New York, Port of New York. J. 8. Correa do solemnly, sincerely and truly swear, that the within manifest contains a full, just and true account of all the goods, wares and merchandise shipped by me on board the within named vessel, and that the quantities and values of each article are truly stated, according to their actual cost or the values which they truly bear in this port, at this time. And I further swear that the said merchandise is truly intended to be exported to Loando. So help me God. J. S. CORREA. Ws. Sworn to this 10th of Aug. 1858. Before me, J. Waite, D. Collector. 132 EXHIBIT B. 1 Box 1 Box Box In Box No. 2 32 8 16 8 1 4 TBD NDR HD OP OOH eH oO RE Oe DD 1 I 2 3 1 lbs. Epsom Salts, “« Blistering Plaster, “ Yellow Ointment, “ White Ointment, “ Scanficator, Lancets, Evans’, Razors, lb. Sugar of Lead, “ English Mustard, « Flaxseed, “ Pearl Barley, “ Pectoral Herbs, yds. Adhesive Plaster, Ib. Lint, Scissors, Spatula, doz. Seidlitz Powders, Ibs. Camphor, Doz. Tooth Brushes, lb. Sulplate of Copper, Box and Tin. doz. Cupping Glasses, best, “ Cologne Water, “ Rose Water, bottles Castor Oil, doz. Lunar Caustic, lb, Laudanum, lb. Balsam Catholic, Box, doz. Labanagues Chloride of Soda, Box, lb. Balsam Sulphur, lb. Cantharides, doz. Seidlitz Powders, large, doz. Brandreth Pills, Tron Rods or Bards, Guns and Cutlasses, ee 35 75 00 50 25 00 A wre BB oO o oO 47 98 10 87 8 00 66 85 + 08 71 93 133 EXHIBIT C. This Charter Party, made the sixth day of August in the year one thousand eight hundred and fifty-eight, between Jonathan S. Dobson, master and owner of B’k Isla de Cuba, of New York, the burthen of two hundred and fifteen tons, or thereabouts, register measurement, now lying in the harbor of New York, of the first part, and J. S. Correa, merchant, of the second part. Witnesseth, that the said party of the first part, for and in consideration of the covenants and agreements) hereinafter mentioned, to be kept and performed by the said party of the second part, do covenant and agree on the freighting and chartering of the said vessel unto the said party of the second part, for a voyage from the port of New York to port or ports on the west coast of Africa (not over twenty miles up any river) between Cape de Verde on the north and Cape Lopez on the south, and back to New York, on the terms following — that is to say: First. The said party of the first part doth engage that the said ves- sel in and during the said voyage shall be kept tight, staunch, well fitted, tackled and provided with every requisite, and with men and provisions necessary for such a voyage. Second. The said party of the first part doth further engage that the whole of the said vessel (with the exception of the cabin, the deck, and the necessary room for the accommodation of the crew and the stowage of the sails, cables and provisions) shall be at the sole use and disposal of the said party of the second part, during the voyage aforesaid, and that no goods or merchandise whatever shall be laden on board otherwise than from the said party of the second part, or his agent, without his consent, on pain of forfeiture of the amount of freight agreed upon for the same. Third. The said party of the first part doth further engage to re- ceive and take on board the said vessel, during the aforesaid voyage, all such lawful goods and merchandise as the said party of the second part or his agents may think proper to ship. The Captain is to sign bills lading without prejudice to this Charter 34 134 Party; all detention or loss of time caused by the Captain, crew or vessel to be deducted from the Charter Party. And the said party of the second part, for and in consideration of the covenants and agreements to be kept and performed by the said party of the first part, doth covenant and agree with the said party of the first part to charter and hire the said vessel as aforesaid on the terms following — that is to say: First. The said party of the second part doth engage to provide and furnish to the said vessel a cargo at all times sufficient for ballast. Second. The said party of the second part doth further engage to pay to the said party of the first part, or his agent, for the charter or freight of the said vessel, during the voyage aforesaid, in manner fol- lowing — that is to say: Seven hundred and fifty dollars United States Currency per calendar month, with all and every foreign port charges, for all and every descrip- tion, including stevedores’ bills, lighterages, consuls’ fees, pilotages, Custom House fees, &c., &c. This Charter Party to be paid at the expiration of every four months and the balance on the arrival of the vessel at New York. It is further agreed between the parties to this instrument that the said party of the second part shall be allowed for the loading and dis- charging of the vessel at the respective ports aforesaid lay days as follows —thatis to say: * * * And in case the vessel is longer detained the said party of the second part agreeth to pay to the said party of the first part demurrage at the rate of per day, day by day, for every day so detained, provided such detention shall happen by default of te said party of the second part or his agent. It is also further understood and agreed that the cargo or cargoes shall be received and delivered alongside of the vessel, within reach of her tackles, or according to the customs and usages at the ports of load- ing and discharging. It is also further understood and agreed that this charter shall com- mence when the vessel is ready to receive cargo at her place of loading, and notice thereof is given to the party of the second part, or to his agent. 135 The vessel to be returned in as good an order, or as near it, as_cir- cumstances will allow. The vessel is at all times, during the continu- ance of this charter, to furnish a supercargo or one passenger a state- room and board at the captain’s table. The ship’s boat, and one man to take charge of the same, are to be used to carry the supercargo and tow the lighters from the shore. Party from the second part to furnish crew for the same and pay all damages that may arise, or pay for the said boat or boats entire in case they are lost whilst thus employed. To the true performance ofall and every of the foregoing covenants and agreements the said parties, each to the other, do hereby bind themselves, their heirs, executors, administrators and assigns, (especially the said party of the first part, the said vessel, her freight, tackle and appurte- nances; and the said party of the second part, the merchandise to be laden on board,) each to the other, in the penal sum of two thousand dollars. In witness whereof, the said parties have hereunto interchange- ably set their hands and seals the day and year above written. Sealed and delivered in the presence of J. 8. DOBSON. J. 5. CORREA. I, the undersigned, Consul of the United States for the Azores, do hereby certify that the signature of J. S. Dobson, affixed to the fore- going Charter Party, is genuine, according to his acknowledgment before me. ‘Given under my hand and seal of office at Fayal this fourth day of October, 1858. (SeaL OF OFFICE.] CHAS. W. DABNEY. A precedente carta de fretamento foi hoje pormina tradusida, Horta 7 d’ Autubra de 1858. JO’AO BAPTISTA DE MEDIERA. W, g 6c ee “ “cs cc “e ce G M 3 cases Domestics, 11 bales “ 7 “ “ 54 “ 46 “ 10 « “ 3 cases ‘s Q « “ 10 bales « 14 « “ 4 cases Boilers, 42 bbls. Rice, 30 <“ Bread, 90 Oil Casks, 50 boxes Codfish, 50 “ Herrings, 15 M feet Boards, 10 doz. Pails, 42 bbls. Rice, 17 crates Crockery. 136 EXHIBIT D. Shipped in good order and well con- ditioned, by J. S. Correa, on board the bark called the Isla de Cuba, whereof J. S. Dobson is Master, for this present voyage, now lying in the port of New York, and bound for Loango,..... To say: as per margin, being marked and numbered as in the margin; and are to be delivered in the like good order and condition at the port of Loaugo, (the dangers of the seas and fire only excepted,) unto order or to Assigns, he or they paying freight for the said merchandise, as per charter party, with our primage and average accustomed. In witness whereof, the Master or Purser of the said vessel hath affirmed to four Bills of Lading, all of this tenor and date, one of which being accomplished, the others to stand void. Weight contents unknown, Not ac- countable for leakage, breakage, &c. J. 8. DOBSON. Dated in New York, the 10th day of August, 1858. 137 DEPOSITION OF DANIEL SEIXAS, Taken at the city of New York on the twenty-ninth day of February, A. D. 1860, before Charles W. Newton, Esq., Commissioner. I reside in the city of New York. I am a Commissioner and Notary Public. Ihave been in this business about nine years. I have seen the mortgage marked Exhibit “ A,” and the certificate thereto attached is my official certificate as Notary, and my official seal, and I am also a subscribing witness to said mortgage. I know the handwriting of Figaniere, annexed to said mortgage, and have known him for a long time. I know the signature of Guilherme J. de la Figaniere annexed to said mortgage, and the same is in his own proper handwriting. I became a witness thereto at his request, and signed my name as such witness at the day of the date of the acknowledgment. The mortgage was acknowledged before me by him at my office, No. 56 Wall St. (Signed) DAN. SELXAS. DEPOSITION OF GILBERT RUSSELL, Taken at the city of New York on the twenty-ninth day of February, A. D. 1860, before Charles W. Newton, Esq., Commissioner. Treside in the city of New York. Iam a Custom House Broker, at present doing business in the city of New York. I was Recorder of Mortgages and Bills of Sale in the Custom House in this city in November, 1857. Ques. Look at the mortgage here shown you and marked Exhibit “A” and say what you know concerning it. Ans. Ihave seen it before, and am confident I'recorded it in the Books of Record in the Custom House in the city of New York on the twenty-fifth day of November, 1857, and the certificate on the back of the mortgage was written by me, and the signature thereto is in my own handwriting. The certificate was made by me in the usual way 35 138 upon the recording of such papers. The other signature of J. White is in his handwriting; he was at the time of the recording of this mortgage, and is now, Deputy Collector; his name was put there in verification of my act; it is usual to ‘put his name at the bottom of the certificate in that manner. Everything was complied with in recording this mortgage that is required by law and is usual and customary in recording mortgages to make them liens, and the mortgage was deposited at the Custom House for record as usual in such cases, and was marked by the Registry Clerk, Mr. Ingraham, Nov. 25th, ’57, 1-4 past 1 P. M., which was the time the same was left in the Custom House for record. (Signed) GILBERT RUSSELL. ee DEPOSITION OF GUILHERME J. DE LA FIGANIERE, we Taken at the city of New York, on the twenty-ninth day of February, A. D. 1860, before Charles W. Newton, Esq., Commissioner. I reside in the city of New York; I am a commission merchant; the paper here shown to me and marked Exhibit “A” is a personal mortgage on the barque Isla de Cuba, which I gave to Mr. Rea, as therein stated on the day therein mentioned. The signature thereto is my own proper signature and was duly executed by me on the day the same bears date. I delivered this mortgage to Mr. Rea on the 10th day of November, 1857. Iam quite positive I delivered the mortgage to Mr. Rea on that day. It may have been the next day, but not later. I executed and delivered the mortgage to Mr. Rea to secure him for money our firm borrowed of him. He loaned our firm (Figaniere, Reis & Co.) the amount of money mentioned in this mortgage, for which Figaniere, Reis & Co. gave him notes, which notes have never been paid. The notes are here shown me and marked Exhibits “B” and “Q.” These are the notes upon which the mortgage was given. The note for five thousand dollars was a renewal of one for the same amount, which 139 our firm had previously given to Mr. Rea. The first five thousand dollar note fell due on the day the renewal note of five thousand dollars is dated, the 24th day of November, 1857. At the time the first notes became due our firm agreed to give Mr. Rea security and subsequently I gave this mortgage, in accordance with this agreement. When Rea loaned the money to us he required security and I told him I would give a mortgage on the barque. The money for which these notes were given and mortgage given to secure our firm actually received from Mr. Rea. Mr. Rea paid me the money for the firm. Our firm had no other money transaction with Mr. Rea at or near this time. The considera- tion mentioned in the mortgage was the money received on these two notes and it was so understood at the time the mortgage was given, as we had no other dealing with Mr. Rea, and it was our intention to secure Mr. Rea in a manner satisfactory to him. The whole transaction was in good faith, my intentions being simply to secure Mr. Rea for this borrowed money. After we borrowed this money our firm failed, since which time I have been absent from the city a great part of the time and have recently been informed that about eighteen hundred dollars has been paid to Mr. Rea on these notes. The note for which the one marked Exhibit “B” was given as a renewal and delivered up to [to] our firm and destroyed at the time this one was given. . (Signed) G. J. DE LA FIGANIERE. a "Sa aeen? EXHIBIT « A,” ANNEXED TO DEPOSITIONS SEIXAS, RUSSELL AND FIGANIERE. REGISTERED VESSEL — MORTGAGE — BILL OF SALE. To all whom these presents shall come, Greeting: Know ye, that I, Guilherme J. de la Figaniere, of the city and county and state of New York, sole owner of the barque or vessel called the “Isla de Cuba,” of the burthen of 215 42 tons or thereabouts, (as per register,) for and in consideration of the sum of eight thousand dollars, lawful money of the 140 United States of America, to me in hand, paid before the ensealing and delivery of these presents, by George M. Rea, the receipt whereof I do hereby acknowledge, and am therewith fully satisfied, contented and paid, have bargained and sold, and by these presents do bargain and sell unto the said George M. Rea, his executors, administrators and assigns, all of the said barque or vessel, together with all the masts, bowsprit, sails, boat, anchors, cables, and all other necessaries thereunto appertaining and belonging. The certificate of the registry of which said barque or vessel is as follows, to wit: No. In pursuance of an act of Congress of the United States of America entitled “ An Act concerning the Registering and Recording of Ships or Vessels,” Guilherme J. de la Figaniere, of the city, county and state of New York, having taken or subscribed the oath required by the said act, and having sworn that he is the only owner of the ship or vessel called the Isla de Cuba, of New York, whereof is at present master, and is a citizen of the United States, and that the said ship or vessel was built at the city aforesaid, in the year eighteen hun- dred and forty-nine, as per Register No issued at this port, and said Register having certified that the said ship or vessel has one deck and three masts, and that her length is ninety-seven feet, six inches, her breadth twenty-four feet inches, her depth ten feet, three inches, and that she measures two hundred and fifteen and 47 tons, and that she isa barque, has a square stern and no billet head; and the said Guilherme J. de la Figaniere, having agreed to the description and admeasurement above specified, and sufficient security having been given according to the said act, the said barque has been duly registered at the port of New York. Given under hand and seal at the port of this day of in the year one thousand eight hundred and To have and to hold the said barque and appurtenances thereto belonging, unto him, the said George M. Rea, his executors, administra- tors and assigns to the sole and only,proper use, benefit and behoof of 141 him, the said George M. Rea, his executors, administrators and assigns forever; and I, the said Guilherme J. de la Figaniere, have and by these presents do promise, covenant and agree, for myself, my heirs, executors, and administrators, to and with the said George M. Rea, his heirs, executors, administrators and assigns, to warrant and defend the said barque and all the other before mentioned appurtenances against all and every person and persons whomsoever. Provided, nevertheless, that if I, the said Guilherme J. de la Figaniere, my heirs, executors, or administrators, shall well and truly pay or cause to be paid unto the said George M. Rea, heirs, executors, administrators or assigns, the just and full sum of eight thousand dollars on or before the 1st day of January, 1858, without interest, then these presents shall cease, determine and be null and void; and the said George M. Rea, heirs, executors, administrators, or assigns, shall re-convey the said barque unto me, the said Guilherme J. de la Figaniere, my heirs, exe- cutors, administrators or assigns. But if any default shall be made in the payment of the said sum of eight thousand dollars, or of any part thereof, on the said first day of January, 1858, then the said George M. Rea, his heirs, executors, administrators, or assigns, may, and they are hereby authorized and empowered to enter into and upon, and take pos- session of the said barque, her tackle, apparel and furniture, and sell and dispose of the same at public auction, at the Merchants’ Exchange, in the City of New York, after at least five days advertisement in one or more of the daily papers published in said city, and also as my at- torney, irrevocable, to execute and deliver all necessary, proper and sufficient conveyances of said barque, her tackle, apparel, &c., to the purchaser or purchasers thereof, and out of the money arising from such sale to retain and reimburse to himself the said sum of eight thou- sand dollars, together with any interest that may have accrued, and all costs and expenses of the sale, advertisement, &c., thereof, rendering the overplus of the proceeds, so as aforesaid realized, (if any there shall be,) to me or my heirs, executors, administrators or assigns; which sale, so to be made, shall forever be a perpetual bar, both in law and equity, against me or my heirs, executors, administrators or assigns, 36 142 and against all persons whatsoever claiming under them or either of them. And in case any deficiency shall remain after applying the money arising on such sale to the payment of the said principal, and of any in- terest that may have accrued, and of all costs and charges as aforesaid, I do hereby for myself, my heirs, executors, administrators and assigns, covenant, promise aud agree to and with the said George M. Rea, his heirs, executors, administrators and assigns, to pay, on demand, and fully satisfy and discharge the just and full amount of any and all such deficiency. In testimony whereof, I, the said Guilherme J. de la Figaniere, have hereunto set my hand and seal this tenth day of November, in the year of our Lord one thousand eight hundred and fifty-seven. G. J. DE LA FIGANIERE. [Seal.] Sealed and delivered in the presence of Dan SEIxXAs. Unitep States oF AMERICA, Crry anp County oF New York. : Be it known, that on the tenth day of November, one thousand eight hundred and fifty-seven, before me, Daniel Seixas, a Public Notary, in and for the State of New York, duly commissioned and sworn, dwelling in the City of New York, personally came Guilherme J. de la Figaniere, known to me, and acknowledged the above mortgage bill of sale to be his act and deed. In testimony whereof, I have hereunto subscribed my name and affixed my seal of office the day and year last above written. [Seal.] DAN. SEIXAS, Notary Public. Upon the back of the foregoing document are the following indorse- ments, viz: 143 Custom House, New York, Nov. 25, 57. Rec'd for record at 1:15 P. M. and recorded in book of B. 8. of R. V. No. 112. G. RUSSELL, Clerk. J. WHITE, D. C. Nov. 25,’57, 4 past 1 P. M. Exhibit “A” on examination Feb'y 29) 1860. C. W. NEWTON, U. 8. Com’r. EXHIBIT “ B.” State or New York, 1 % ss. Unirep States OF AMERICA. J, Alexander Robertson Rogers, Notary Public, duly commissioned and sworn, dwelling in the City of New York, do hereby certify, that on the 27th day of February, in the year of our Lord one thousand eight hundred and fifty-eight, at the request of the holders thereof, the original promissory note, hereunto annexed, was presented to one of the tellers of the American Exchange Bank, at said Bank in this city, (where the same is made payable,) and payment thereof demanded, which was refused. Whereupon, J, the said Notary, at the request aforesaid, did protest, and ‘by these presents, do publicly and solemnly protest, as well against the makers and indorsers of the said promis- sory notes, as against all others whom it doth or may concern, for ex- change, re-exchange, and all costs, charges, damages, and interest. already incurred, and hereafter to be incurred, for want of payment of- the said’ promissory note. In Testimonium Veritatis. [Seal.] A. R. RODGERS, Notary Public. 144 The following is a copy of the note annexed to the following protest, viz: $5,000. New York, Nov. 24th, 1857. Three months after date we promise to pay to the order of George M. Rea, Esq,, five thousand dollars. Value received. Payable at the Am. Exch. Bank, N. Y. No. — Due Feb’y 27, ’58. FIGANIERE, REIS & CO. FIGANIERE, REIS & CO. Upon the back of the above note is indorsed, GEO. M. REA, Ww. St. N. Y. EXHIBIT ‘“C.” State ofr New York, = UNITED STATES OF AMERICA. ‘ I, Alexander Robertson Rogers, Notary Public, duly commissioned and sworn, dwelling in the city of New York, do hereby certify, that on the sixth day of November, in the year of our Lord one thousand eight hundred and fifty-seven, at the request of the holders thereof, the original promissory note, hereunto annexed, was presented to one of the tellers of the American Exchange Bank at said Bank, in this city, (where the same is made payable), and payment thereof demanded, which was refused. Whereupon, I, the said notary, at the request aforesaid, did protest, and by these presents do publicly and solemnly protest, as well against the makers and indorsers of the said promissory note, as against all others whom it doth or may concern, for exchange, re-exchange, and all costs, charges, damages, and interest, already incurred and hereafter to be incurred, for want of payment of the said promissory note. In Testimonium Veritatis. (Seal.) A. R. RODGERS, Notary Public. 145 The following is a copy of the note, annexed to the foregoing protest, viz: $3,000. New York, August 3d, 1857. Three months after date we promise to pay to the order of George M. Rea, Esq., three thousand dollars, value received, payable at the Am. Exchange Bank. FIGANIERE, REIS & CO. FIGANIERE, REIS & CO. Upon the back of the above note is indorsed, GEO. M. REA. Tuis INFORMATION was thence continued from term to term to the present term of this Court, and now, to wit, on the twenty-seventh day of March, A. D. 1860, after a full hearing of the cause upon the facts proved, and arguments of counsel and mature deliberation thereon had» it is ordered, adjudged and decreed by the Court that the said barque “Tsland of Cuba,” her tackle, apparel and furniture, and the lading of said barque, be and remain forfeited to the use of the United States. Thereupon, on said twenty-seventh day of March, A. D. 1860, the fol- lowing prayer for an appeal was filed in Court, viz: U. S. District Court, sf Massachusetts District. , In, Admuratty. In the cause of the Unitep States, by Information, Us. Bark “IsLaAND OF CUBA” AND HER CARGO. And now George M. Rea and J. 8. Correa, claimants of said vessel and 37 146 cargo, come and severally claim an appeal from the decree of the Dis- trict Court, condemning said vessel and cargo, and pray that said appeal may be allowed. By their Proctors, EDWARD D. SOHIER. CHARLES A. WELCH. And their appeal was allowed accordingly. I, 8. HE. Sprague, Clerk of the District Court of the United States, within and for the District of Massachusetts, hereby certify that the foregoing is a transcript from the Records of said District Court in the said cause. In witness whereof I have hereunto subscribed my name and affixed the seal of the said Court this day of September, A. D. 1860. (SEAL. ] Attest, S. E. SPRAGUE, Clerk. emery 5 os fates Sec oaaeaters Sarria ee ere res cB plant cerns Sasa ao a eee 3 pices PGE eo rs Aas Sena a Ps eae fehl aon serene went me Detabintcnctabarats ‘ eH ae Punt in Sr epee em “ a ne A sf wey etae are aia Bie te petit pecechh nase eer rata Shh ecticip teee nee i Sra Lan aan a ae Ph ere re Ann whee: Peri i C ae a cre nee io