119. Q. What did Alfaro say to you in respect of Patterson's ownership?-A. Alfaro one day-don't know when it was, or how the conversation came about, but I recollect it quite well; he said that Patterson did not own a dollar of the ship, and also said that the ship should never go to the United States again. He did not say it exactly in those words. He said something else about how they got him to go on the papers, but I cannot tell exactly what it was. It was about the time of this sale, and about what they were going to do about it.

120. Q. Did you have any correspondence at Puerto Cabello with the commander, Potter, in respect to the Virginius-A. Yes, sir.

121. Q. Is this (producing a paper) the original of the letter to you, and will you not hand it to the commissioner? (Appended and marked Exhibit A.)-A. Yes, sir.

122. Q. Is this (referring to the paper) the rough draught of the reply you made to him?-A. Yes, sir. (Appended and marked Exhibit B.)

123. Q. Who paid you your wages?-A. Alfaro; all that I got.

123. Q. During the time that you commanded the Virginius, whom did you consider to be her owners?-A. I considered General Quesada and Alfaro as her owners. I had every reason to suppose that they were the owners. I recognized nobody else as the owners but Alfaro and Quesada.

The district attorney, having been notified by Mr. Webster but a few minutes before the examination took place, was unable to be present, but was represented by his assistant, Mr. Tremain, who interrogated the witness as follows:

124. Q. What is your entire knowledge concerning the bottomry-bond that you have spoken of, and of its origin?-A. My knowledge of it is from seeing it attached to the certificate of the ship in the hands of the American consul at Puerto Cabello, when I first joined the ship as master of her.

125. Q. Have you any knowledge of the consideration of that bond otherwise than that?-A. No, sir; it was made in Aspinwall by another man.

126. Q. What did you hear Alfaro say about that?-A. I have heard Alfaro say in several instances about that bottomry-bond, when I would speak about going to sea, "We will make that bottomry-bond all right." Alfaro took up the bottomry-bond afterward in his own name, giving bonds to pay it at Caracas in six months after date. 127. Q. When was that done?-A. A few days before I sailed for Puerto Cabello. I could not tell you the exact date.

128. Q. Was that done before the American consul?-A. Yes, sir.

129. Q. What did you hear him say about the original bond at that time?-A. I heard him say that the original bond was canceled then. They canceled the original bond, and he took it. It was made out in his name then. 130. Q. He paid no money?-A. Not in my presence. 131. Q. After that was it paid?-A. Never in my presence or to my knowledge, 132. Q. You know nothing about the final cancellation of this second bond?-A. No, sir.

133. Q. When you say you considered Alfaro and Quesada as owners, do you mean that you had any knowledge of any consideration being paid by Quesada for any interest in the vessel?-A. No, sir, I had no knowledge; I merely say that because I was given every reason to suppose they were the owners by their actions, and by the way the business of the ship was carried on.

134. Q. Do you know of any consideration passing from Alfaro to anybody else for any interest in the vessel ?-A. I don't.

135. Q. You received all the directions concerning the management of the ship from Alfaro-A. Yes, sir.

136. Q. When you turned over the ship and its command, what papers did you leave for your successor in command of the ship?-A. I left the certificate of registry and this bottomry-bond of Alfaro's at the consul's. When I left the ship, the papers were on board of the ship, and I deposited them at the consul's. I had got them from the consul's to tow a vessel out to sea-a schooner. That was a temporary employment. When I left the ship I was very sick, and took the papers up to the consul's, and deposited them with him, and told him I was going to leave. I deposited the certificate of registry, and this bottomry-bond of Alfaro's, and the crew-list that I had from Puerto Cabello. I left them all with Mr. Juttings.

137. Q. What flags were on board the vessel at that time?-A. There was one American flag, one Venezuelan flag, and six Cuban flags. I don't know as they were all on board at that time. Quesada had left at that time, and gone to Caracas, and he might have taken one of the Cuban flags with him.

138. Q. When did Alfaro leave the vessel?-A. He never left it while I was in it. 139. Q. When did Quesada leave?-A. He left it with Pulgar somewhere in the neighborhood of October, and went to Caracas with Pulgar and his suite.

140. Q. What did Captain Bowen say to you concerning the Virginius at or about that time?-A. I had no conversation with him about the Virginius one way or the other, except about her capabilities. He said she was a rotten, poor thing, that could not cross a mill-pond.

141. Q. What did you say when you were offered a Cuban commission by AlfaroA. I said I would think of it. I passed it off some way or other; but I can't tell you exactly what I said.

142. Q. What did you give him to understand?-A. I don't know just whether I gave him to understand that I would not accept of it; but I did not intend to accept of it, and I guess I gave him to understand that I would not accept of it under those circumstances, any way.

143. Q. When was the first time that you ever heard of Mr. Patterson in connection with the Virginius?-A. When I first saw her papers I saw his name.

144. Q. Did you ask anything about him?-A. I did not ask much about him at that time; but afterward I asked Alfaro about him.

145. Q. What did he say ?-A. Well, very often he would try to pass it off in a laughing way; he would say, "Patterson is all right," or something like that. I heard him say once, "Patterson has got his price; we don't want anything more to do with him," or something to that effect. He would generally bring the conversation out in some such way as that.

146. Q. You never had any other information concerning Patterson's connection with the ship than what Alfaro gave you?-A. That was the only information I had. 147. Q. You are an American citizen?-A. Yes, sir.

148. Q. Did you ever have any written orders while you were in command of the Virginius?-A. No, sir; I never had a written order.

149. Q. Did you ever make any other trip in her except from Puerto Cabello to Maracaibo-A. No, sir.

150. Q. How long had you been in command of her before you were aware that there were judicial proceedings pending or to be instituted?-A. It was a very short time after I got command of her.

151. Q. What did you hear ?—A. Well, at one time Alfaro said, “If we could only sell her to the Spaniards! Why don't they buy her?" We were blockaded by the Spaniards, you know, while we were lying there, and he says to me, "If the Spaniards give $50,000 for her, we will sell her and go to Europe and get another one."

152. Q. Were there efforts made at that port to sell the vessel?-A. There were no efforts made until at or about the time of the sale; that is, not to my knowledge. I know Alfaro told me, either once or twice, that Guzman Blanco would buy her if Le had the money, but he had not the money. Guzman Blanco was the President of Venezuela. They wanted from him about $60,000 of their money; that is somewhere in the neighborhood of $50,000 American gold. Alfaro said they would sell the vessel to Guzman Blanco if he had the money to pay for her.

153. Q. What were those judicial proceedings?-A. The proceedings were these: the sale was for the bottomry-bond. They had to advertise so many days in the papers for proposals for this money, and of course that was not forthcoming, and then the ship was to be appraised, and according to law a ship cannot be sold for anything more than she is appraised for, because it would not be a bona-fide sale, and the only bid was $17,500.

154. Q. Who appointed the appraisers ?-A. Well, I was considered to, but Alfaro did. 155. Q. What do you know about the consideration for that bottomry-bond ?—A. I know nothing about the bond except that I saw it attached to the certificate of registry at the consul's. I think it was signed by Captain Bowen, but I am not certain. Ide:1 know what the consideration for it was, nor do I remember, if I ever knew, to when the bond was originally given. There were no other parties represented, at the time of the sale, in the cabin of the Virginius, except the judge, the auctioneer, Alfaro, the American consul, and myself; I think that was all, except this Cuban who was acting as purser. I saw no money pass.

156. Q. Do you think there was a cancellation of this first bottomry-bond and a new bond given, or was the bond assigned over to Alfaro?-A. I gave, as captain, a new bottomry-bond to Alfaro for the amount of the old bond, which was about $10,000, azi with that the consul canceled and Alfaro took up the old bond given at Aspinwal. but there was no money passed, and the bottomry-bond I gave was to be paid at Caracas six months after date.

157. Q. Do you know where this ship was when this bond became due-the one yer gave?-A. I don't know where she was when it became due. She was now here neg Caracas, however. When I said that there were two judges who declined to order the sale, I spoke only from general information. I was not accurately acquainted with all the steps in the judicial proceedings or with the special action of those twe judges, otherwise than I have stated. I got all my information from Alfaro.

158. Q. Who was it that wanted this vessel to go on a trial-trip?-A. Alfaro. 159. Q. Was that after you had completed your repairs and were ready to go?-1 Yes.

160. Q. Was the Spanish man-of-war still in the harbor?-A. Yes; it was either the Pizzaro or the Del Blanco, or some such name. It was the same vessel that chased: and I outsailed her.

161. Q. How many war-vessels were there while you were in Puerto Cabello ?—A. Two were there during the time I was there, the Shawmut and the Canandaigua. The Shawmut had been lying there some three or four weeks then.

162. Q. When you first took command of this vessel was there, to your knowledge, anything unusual or irregular in the papers of the ship?-A. The only thing unusual in the papers of the ship was that she had no official number; I guess that was about the only thing unusual. I refer to the official number on top of the register.

163. Q. Have you not known that to be omitted, sometimes, in a ship's register ?— A. Not for any length of time.

164. Q. When you arrived at Maracaibo, did you pursue the usual course as to reporting to the American consul or leaving with him any papers?-A. Yes, sir; I pursued the usual course with him, but not at the custom-house. I did not enter at the custom-house. Any other vessel that came in had to go and deposit the papers at the custom-house, and then the American consul would go and get them.

165. Q. But you pursued the usual course so far as the American consul was concerned?-A. Yes, sir.

166. Q. What papers did you deliver to him?—A. I delivered to him the certificate of registry, the bottomry-bond, and the crew-list.

167. Q. What did the consul at Puerto Cabello say to you concerning the Virginius being entitled to official protection?-A. I have heard him express doubts whether she was entitled to any American protection at all. He did not believe that she was entitled to it, but he did not know how to get rid of it. He worked more under the orders of the United States minister than of anybody else. The Maracaibo consul could not work under him, because it would take six or seven hours to get communication. 168. Q. Did the consul at Puerto Cabello tell you that he did not know what else he could do?-A. He told me that he did not actually believe that the Virginius was entitled to protection. The old man felt very much relieved when she was sold at auction, for he thought he was going to get rid of her. He said that he was going to cut the register in two, and give me half, and send one half to the Department at Washington.

169. Q. What did the consul at Maracaibo say to you about her?-A. He said to me, "Why don't you get rid of that damned pirate? She is nothing but a pirate, and you will get caught by and by, and they will hang you, and I want to see you off, any how, though I do not care for any of the rest." Juttings did not believe that she was entitled to protection at all. There were only one or two American citizens on board, and he knew that very well.

170. Q. Did either of those officials express any doubt as to her right to their official protection by reason of any irregularity in the ship's papers?-A. No; neither one of them expressed doubt about the regularity; because if they had found the first flaw they would not have protected her.

171. Q. So far as you know, there was nothing to which exception could be taken by either of those gentlemen in the performance of their official duties in that respect?A. No, sir.

172. Q. Was she armed before you left her?-A. No, she was not what we call an armed ship-that is she was not armed with big guns; although there were rifles enough on board of her to arm the whole crew. There was probably in the neighborhood of 100 or 150 rifles. It was a large quantity of arms for a merchant-ship.

173. Q. When you left her was the American flag flying?-A. No, sir; when I left her we had no flag up. She was then down at the island of Taos. There was a coal mine there.

174. Q. At what time did you arrive at Maracaibo?—A. I think it was the night of August 11.

175. Q. You took no trip in her from that time until you left her?-A. Except to tow this schooner out about eighty miles outside of San Carlos, and the excursion of October 10.

176. Q. When you towed the schooner out did you make any clearance?-A. I went to the consul and got my papers. I made no clearance from the custom-house.

177. Q. Did you get a clearance at that time for a voyage from any port?-A. No clearance from any port. I simply got my papers, and towed this vessel out and returned.

178. Q. Was there any Spanish man-of-war about?-A. No, sir.

179. Q. When was that?-A. I cannot give the exact date. It was after the excursion-some time in October, I think.

180. Q. Why did you finally leave?-A. On account of my ill health.

181. Q. Do you know of any other matter or thing concerning the Virginius or her character, that you have not stated?-A. No, sir; not that I know of.

CHARLES SMITH.

Subscribed and sworn to before me this 3d day of December, 1873.

JOSEPH GUTMAN, JR., United States Commissioner, Southern District of New York.

And now I, Joseph Gutman, jr., a duly appointed commissioner of the United States circuit court for the southern district of New York, in attestation, do hereby certify that the foregoing questions and answers, after having been written out as above, were read to the foregoing witness and were in my presence signed by him; and in attestation of the verity and solemnity of all of the foregoing, I do hereby attach my signature and seal of office, this third day of December, in the year one thousand eight hundred and seventy-three.

[L. S.]

JOSEPH GUTMAN, JR., United States Commissioner, Southern District of New York.

EXHIBIT A.

UNITED STATES STEAMER SHAWMUT, (4th rate,)

Off Puerto Cabello, Venezuela, South America, June 26, 1872.

SIR: Will you be good enough to inform me, if you can, when the Virginius will be ready to proceed to sea? Not only when her repairs will be completed and stores supplied, but when her indebtedness will be so settled that she will be clear. Very respectfully, your obedient servant,

CHARLES SMITH, Esq.,

Commanding Steamship Virginius.

EDW'D G. POTTER,
Commander Commanding.

EXHIBIT B.

STEAMSHIP VIRGINIUS, June.

SIR: Your communication of the 26th instant has been received. In reply to your questions concerning this steamer, I have to state that her repairs and stores, including coal, will be complete between the 1st and 6th of July, 1872. I am unable to answer the question when her indebtedness will be so settled that she will be clear, as that rests altogether with Mr. Alfaro, the holder of the keel-bond, and as he is als providing funds for the disbursements of the ship, of course, he is the proper person to hold her or let her go.

EDWARD E. POTTER, Esq..

Commander United States Steamship Shawmut.

[Inclosure 8.]

Deposition of Edward Greenwood.

UNITED STATES OF AMERICA,

Southern District of New York, 88:

To all to whom these presents shall come :

I, Joseph Gutman, jr., a commissioner of the United States circuit court for the southern district of New York, duly appointed and commissioned, and dwelling # the city of New York, send greeting:

Know ye, that on the twenty-fifth day of November, in the year of our Lord one thousand eight hundred and seventy-three, before me, at my office, No. 29 Nassa street, in the city of New York, appeared as a witness Edward Greenwood, a mariner formerly on board the steamship Virginius, produced by the consul-general of Spät for the district of New York, in the United States of America; and that I was attended at the same time by Sidney Webster, esq., counselor at law in said city, represent 22 the aforesaid consul-general of Spain, and by George Bliss, esq., attorney of the Un States for the southern district of New York, attending by the direction of the Secre tary of State of the United States; and that the aforesaid witness having been 1și duly cautioned by me to declare the truth, the whole truth, and nothing but the truth in respect to the matters concerning which he should be interrogated, and having the been duly sworn by me, according to the laws of the United States, did, in answer be the interrogatories addressed to him in my presence, voluntarily, freely, and solenna declare and depose in my presence as follows, that is to say:

1. Question. What is you age, occupation, place of birth, and citizenship?-Answer. I was forty-two years of age the 30th of last March; occupation, engineer.

2. Q. Marine engineer?-A. Marine engineer; yes, sir; birth New York City, and a citizen of the United States.

3. Q. When and where did you first know the steamer Virginius?-A. I first knew the steamship as the steamer Virgin, lying at the foot of Leroy street, in New York. 4. Q. At what date?-A. I could not give the exact date. I think it was the month of October, 1870.

5. Q. When, if you know, was her name changed from Virgin to Virginius ?—A. Prior to her sailing; a day or two before we sailed, as near as I can recollect.

6. Q. Do you know anything of the circumstances under which it was changed?— A. I do not.

7. Q. In what capacity did you go on the steamer Virginius on her voyage from New York, October 4th, 1870?—A. I was first assistant engineer.

8. Q. By whom were you first approached to serve on the Virginius?—A. Mr. Marquiz.

9. Q. Who was he?-A. The chief engineer.

10. Q. When and where were you approached by him?-A. In the city of New York. 11. Q. How long before she sailed?-A. I could not tell you the exact time. It was in the neighborhood of two or three weeks.

12. Q. How long were you at work on the steamer before she sailed?-A. Probably a fortnight.

13. Q. Who directed you while you were employed on her before she sailed ?—A. Mr. Marquiz.

14. Q. How long previous to that had you known Mr. ¡Marquiz?-A. Probably a year or more.

15. Q. Do you know of your own knowledge whether he was an American citizen?— A. I do not.

16. Q. Do you know whether he was a foreigner by birth ?-A. I cannot say.

17. Q. After the Virginius left the wharf at New York, and while proceeding down the bay, did you see a party come on board her from a tug-boat?-A. I saw them come on board off the Highlands-it was hardly in the bay-on the high seas, as I termed it. 18. Q. Do you remember the name of the tug from which they came on board ?—A. The Virginia Seymour.

19. Q. How many were in that party, and what were their names, if you know any of them?-A. One was represented as General Quesada, another was named Mora, and one was pointed out to me by the name or Varona. There were probably ten or fifteen of them altogether. I can't be positive as to the exact number.

20. Q. Of what nationality did they appear to you to be?-A. Cubans.

21. Q. What was the first port the Virginius made after leaving New York ?—A. Curaçoa.

22. Q. Did you sign shipping-articles in the port of New York before sailing on the Virginius?-A. Yes, sir.

23. Q. For what port or place did you sign articles?-A. I would not be positive whether it was Cedar Keys, Havana, or Mobile. It was a general topic of conversation that we were to run between those ports. That was what Marquiz told me when I shipped on the vessel. Cedar Keys, Mobile, and Havana were mentioned, and probably some portion of the Caribbean Sea.

24. Q. Was it ever said to you, or did you understand when you signed the articles, that you were to go to Curaçoa?-A. I was told confidentially by Captain Shepard, prior to our sailing, that we were going to Curaçoa-by Captain Shepard and Mr. Marquiz both.

25. Q. What else did they state to you about the character of the voyage, if anything?-A. Well, prior to taking the ammunition on board, when these Cubans came on board off the Virginia Seymour, we got into conversation about it, and I went to Captain Shepard and asked him "Where is this ship going?" Says he, "You know where we are going-going to Curaçoa." Says I," This looks very suspicious, these men coming on board, each with a revolver hung on him, I ain't accustomed to going to sea in this way." "Oh," says he, "we'll be all right," or "all lovely," or something like that. Says I, "If they capture us we are liable, according to Spanish laws, if I know anything about them, to be shot or garroted, either one." "Oh, no," says he, "there won't be anything of that kind even if they do capture you." That was all that occurred until we arrived at Curaçoa.

26. Q. While the steamer was lying at Curaçoa, do you know anything of a schooner which arrived from New York; and, if so, what was her name ?-A. Yes; the Billy Butts.

27. Q. How long was this after the Virginius arrived at Curaçoa ?-A. I think we lay at Curaçoa eight or nine days, as near as I can recollect, before the schooner came in-about that time.

28. Q. What, if anything, did the Virginius do with that schooner, the Billy Butts!