said that I consider the clause in the Act of Parliament clearly Motion for Rule and distinctly to lay this down; that any species whatsoever of for New Trial. furnishing and fitting, or of equipment, is against the clause, if it be with intent or in order that the ship or vessel shall be employed in the belligerent service of a foreign people or state, against persons with whom Her Majesty is not at war, and that it is wholly unimportant in that point of view, whether the particular furniture, the particular fitting, or the particular equipment, is of a character which would be equally useful in ships not of a warlike kind, or not; and it is not necessary that it should have a specific character, if the warlike destination and purpose of the use and employment of the ship is made out. I think that I have at all events given your Lordships evidence quite enough to make it clear (and that evidence is not contradicted) that this ship was specially adapted in her construction and in her bulwarks more particularly for warlike purposes, was built for warlike purposes, and that she was equipped, fitted out, and furnished, de facto, so as to enable her to take the seas at the time when she was seized. I now come to the evidence bearing upon the question of intent.-It stands thus: My Lords, we proved in a manner, which I should have thought clear beyond the possibility of doubt, and which was wholly uncontradicted, that these things were done under the superintendence and with the interference of the persons whom we proved to have been the agents of the Confederate States, for the purposes of their war service, and those persons, my Lords, are these:-Captain Bulloch in the first place, specially sent to this country for that purpose, specially sent to this country manifestly to organize here the means of carrying on war on the seas, as the servant and the officer of the Confederate States; Mr. Hamilton, another officer and servant of the Confederate States obviously employed for like purposes, the firm of Messrs. Fraser, Trenholm, and Company, mentioned in the information. Mr. Baron Channell.-I did not catch Mr. Hamilton in your opening of the information. " Mr. Attorney General.-No, my Lord, when the information was filed he was not known to us; he is not named, we say "divers persens unknown," which is quite lawful. Of course with regard to him there was not the same notice upon the face of the information that there was as to the others. Mr. Baron Channell.-I understand you. Mr. Attorney General. Then there is the firm of Fraser, Trenholm, and Company, named in the information, interfering with regard to the construction of this ship, by one of their partners, named Welsman, who we proved was one of the gentlemen at the office at Liverpool, which we proved was the seat of the agents of the Confederate States, who conducted their belligerent business, and who paid the officers on board the "Alabama" and other ships constructed here, thus using the neutrality of this country, through which those payments were made. Then there is a Captain Tessier also found interfering, whom we proved to be connected in like manner with that C 2 Motion for Rule service, and more especially upon the occasion of taking out to for New Trial. the "Alabama" her stores and munitions, which it was thought convenient to put on board elsewhere than within the territory of the Queen. My Lords, that is the first head of the evidence bearing upon this part of the case-evidence of res gesta, evidence depending upon the actual interference of these people, both at Messrs. Miller's yard, and at Messrs. Fawcett's workshops, and at the same time the most unequivocal proof of their character. Then we have, in addition, the direct admission of Mr. Miller, the builder, in whose possession the ship was, and out of whose possession she was taken, that she was being built under a contract entered into jointly by Messrs. Fraser, Trenholm, and Company, and Messrs. Fawcett and Company with the Confederate States to be employed in their service. Now I will first of all give your Lordships the evidence which qualifies the persons whom I have named as the agents in this country of the Confederate States. The proof of that is principally to be found in the evidence of two persons, named Yonge and Chapman. Now, my Lords, I may say one word with regard to the line of cross-examination adopted as to those witnesses, and the course taken in addressing the jury, by the very able counsel who then appeared for the claimants. There were no other witnesses who were damaged the least in cross-examination in any sense, but certain things appeared with regard to these gentlemen which are no doubt very fairly open to observation. Your Lordships will hear what those things were in time, but you will find that every word which could be founded upon that cross-examination was merely in prejudicium, and could not possibly be addressed to any candid mind for the purpose of influencing a determination according to the truth of the evidence, because what these witnesses proved did not rest upon any doubtful matter, it was established and confirmed, not merely by their statements but by the documents which were produced and placed beyond the reach of controversy, some of them produced by these gentlemen themselves, Messrs. Fawcett, Preston, and Company, or Messrs. Fraser, Trenholm, and Company, whose character was in question, and there could be therefore no doubt whatever as to the facts which they proved whether those were witnesses of a kind which in other respects one would like to be identified with or not. I am going to give you the evidence which they give. I will take first the evidence of Yonge. The Queen's Advocate.-It is at page 113. Mr. Attorney General.-I will first of all take what he proves as to Captain Bulloch, and afterwards what he shows as to Mr. Hamilton, and then what he proves as to Captain Tessier. Page 120 is the first place that I refer to now. Mr. Yonge states that he is a native of the State of Georgia, and was for some time paymaster on board the "Alabama." He says that he came from the port of Wilmington in North Carolina, in a ship called the "Annie Childs," to Liverpool, arriving at Liverpool on the 11th of March 1862. He is asked "In what employment had you been previously to leaving Wilmington?-I had been a "clerk in the paymaster's office on the foreign station at Motion for Rule "Savannah in Georgia. Was Savannah a naval station ?-Yes, for New Trial. "it was at that time, it never had been previously to this war. 66 66 66 "At that time it was used as a naval station ?--Yes. For what 66 The Then going to page 124, (I will resume this about Captain Bulloch,) the question is asked, "On your arrival at Liverpool, "with whom, if with anyone, did you first communicate?"The witness says, "Do you mean last year?" The Attorney General says, "I mean when you came to Liverpool from Wilmington, in "the month of March 1862?--I was in communication all the "time with Captain Bulloch." The Queen's Advocate.-That is at the bottom of page 117, my Lord. Mr. Attorney General.-"You came with Captain Bulloch ?— "I came with Captain Bulloch. And did you take counsel with "him, and did he direct generally what you should do?-Yes, "he did. Shortly after your arrival at Liverpool, did Captain "Bulloch introduce you to any mercantile firm there? Yes, "to the firm of Fraser, Trenholm, and Company." Then the names of the partners are mentioned. "Did you communicate "with the firm of Fraser, Trenholm, and Company?-I did." He mentions Mr. Armstrong, who is one of them." He was the "principal person that I had any business with. You did see Motion for Rule" Mr. Prioleau and Mr. Welsman?-Yes. As members of the for New Trial, firm?-Yes." Then at page 125, the next page, a little way down, after saying that he does not recollect seeing any flags, he is asked this The Queen's Advocate.-That is at the bottom of page 118. Mr. Attorney General.-"You say you were introduced to "those persons?"-(That is to the members of the firm of Fraser, Trenholm, and Company.) "Who introduced you?-1 "was introduced by Captain Bulloch. Did you see Captain "Bulloch there from time to time at the office of Fraser, Tre"holm, and Company?—I did." He is asked, "I thought you "said (I want to be certain) that you yourself were there nearly "every day?-Nearly every day. By the direction of Captain "Bulloch? Yes, I had to meet him there sometimes. "these meetings between Captain Bulloch and yourself on matters of business? I will not at present ask what the "business was, but I merely confine myself to the question, were your meetings upon matters of business?-They were fre"quently, that was not always the case. But principally?They were principally on business. On the business on which 66 Were you had come over?-Yes." Then he is asked, "Do you "remember whether there was a room in the office or house of "business of Fraser, Trenholm, and Company particularly used "by Captain Bulloch ?-There was a room used by them, the only room in which we wrote our letters and transacted our "business generally. It was used, you say, by them?-By Captain Bulloch and by Major Hughes, a gentleman of the "War Department. Then there was one room used particularly "by Captain Bulloch for his business?—Yes." That was the room in which the witness transacted business with Captain Bulloch. Then he mentions that amongst others with whom he used to transact business there in the office was Major Hughes of the Confederate army, and then he mentions some other people, which I will not dwell upon. Then at page 130 he is asked this, -He mentions going out with certain other people on board the "Alabama" from Liverpool. I should mention that at page 129 he says that he remained at Liverpool from the 11th of March to the 29th of July 1862, and that he then left Liverpool in the (6 Alabama," which was then called the "Eurica." He says that it was the vessel built by Messrs. Laird. "When that vessel left she had no armament on board?-Nothing at all in the way of armament. While you were on her did she receive her arma"ment, and hoist the Confederate flag, and pass to the command "of Captain Semmes as a ship of war?-She did. All that you "saw?-I saw it." Then he mentions one or two other officers who went with him in the "Alabama" and some who went in another vessel, the "Bahama," which met her at the rendezvous elsewhere. The Queen's Advocate.-That is at page 123. Mr. Attorney General.-"Captain Bulloch went out and re- Motion for Rule "turned in the Bahama'?—Yes,” (to meet the " Alabama.") for New Trial. Leaving Captain Semmes and other officers in the 'Alabama"? "Yes. Before you left Liverpool in the Alabama' were you employed as paymaster ?—I acted in that capacity. You "acted as paymaster in the Confederate navy?-In the Con"federate navy. We will see what you did, you continued to "act in that capacity for some time?-During the entire time I "was in Liverpool I acted in that capacity. And you made "payments in that capacity?—Yes, I continued to make pay"ments in that capacity." Then a paper is put into his hand which he proves to be signed by Captain Bulloch. "Look at "that paper and tell me is that the signature of the gentleman you have described as Captain Bulloch ?-That is it." He says that the appointment was made out, and then he says that payments were made. I will come to the payments presently. Now with regard to the paper, the paper you will find in page 11 of the appendix to the larger book,—it is not printed in the smaller book, and it is in these terms, "Liverpool, 30th July "1862, addressed to Clarence R. Yonge, Acting-Assistant Pay"master, C.S.N.," (which I suppose means Confederate States' Navy). "Sir, by virtue of authority granted me by the Honour"able S. R. Mallory, Secretary of the Navy of the Confederate "States, I hereby appoint you an acting-assistant paymaster. "This appointment to date from the 21st day of December 1861. "Very respectfully, Jas. D. Bulloch, Commander, C.S. Navy." My Lords, under that appointment he acted, and Messrs. Fraser, Trenholm, and Company made through him large payments on behalf of the Confederate States, to the different officers and persons who were to be paid. Going back to page 131, he gives an account of that: "This paper," he says at the bottom of page 130, "was given to me on board the 'Alabama' the day she left Liverpool." 66 66 The Queen's Advocate.-That is at page 123. Mr. Attorney General.-"You got it just as you were going away?-Just after we left, I think we were away at that time "in Moelfra Bay." That is in Wales. "While you acted as paymaster in Liverpool, as I understand you, you had not any writing which authorized you to do so?-I had no writing."But Captain Bulloch was there in Liverpool, who knew of the payments that you were making from time to time?—He did, "that is the only writing in which my name appears as pay"master. You say you acted as paymaster?-Yes. You have "told us in what way; although you had no writing, were there any directions or orders given to you to act in that capacity?—There were. By whom?-By Captain Bulloch. But they were not written? Not written." That is, while he was at Liverpool. "You made payments to various persons, were those persons in the Confederate Service to whom you made these payments?-I have made payments to the officers, I know the persons I made the payments to were in the Confederate navy. "Who supplied the money?—I made requisitions to Captain 66 66 66 |