A. We left Curaçoa along about dusk, and we exercised a great deal of caution in going out between the two forts there. 29. Q. Did the Virginius have the schooner in tow?-A. No sir; not at that time. We picked her up in the course of the night, and took her to Buen Ayre. 30. Q. An island?-A. Yes, I think it is an island. 31. Q. What happened next?-A. We took the powder, shot, shell, and ammunition out of her and put it on board the Virginius. My firemen turned to at it. The men were promised a dollar an hour in gold, because time was an object in getting this warmaterial on board. Immediately after getting it on board, the men came forward and wanted to know where the steamer was going. The whole ship's company, I think, came forward, with the exception of the officers. There was considerable chattering and bickering, and I forget the precise sum they offered, but I think it was $150 that they offered for each and every time they ran the blockade into the Island of Cuba. That offer was for the men, irrespective of their positions, whether they were firemen, coalpassers, or sailors; and there was some sort of arrangement made by Captain Shepard, through the interpreter, with General Quesada, and he (Quesada) gave a draft on the Bank of England, I understood, for a large amount, to make that arrangement good. 32. Q. Quesada gave a draft?-A. Yes, sir. I did not see the draft given, but the men said he gave it. Then we proceeded to Laguayra. At Laguayra Quesada and some of these other Cubans went ashore, and I think they stayed over night; at least the ship lay there over night. I think they went to the hotel there, the Posado Delphino. From Laguayra the steamer went to Puerto Cabello, and there this ammunition was taken out of the Virginius-some portion of it. I think there was some left on board, a small amount, but I won't say positively now. 33. Q. What was done with the cargo taken out of the Virginius at Puerto Cabello! A. It was put into the fort-a Venezuelan fort-I think it is called Fort St. Michael's. 34. Q. Was any part of the cargo placed on any other steamer to your knowledge — A. Yes; on La Orientala, a Venezuelan man-of-war, belonging to the party called the Yellows. 35. Q. After the cargo was taken out of the Virginius, where did she then go!-A She proceeded from there to Laguayra and took in some troops there, and we took some beef-cattle on board, on the hoof; and then we proceeded to a place called Cumana, and Barcelona, and put these troops ashore-Venezuelan troops. From Barcelona we went back to Laguayra and Puerto Cabello. 36. Q. What, if anything, did you have to do with a Venezuelan gunboat at Puerto Cabello?-A. I went on board the Orientala at Puerto Cabello; the Virginius towed us out of the harbor. I was to superintend the repairs on the Venezuelan gunboat at St. Thomas. 37. Q. By whose request or order did you go on board that gunboat?—A. General Quesada's. 38. Q. In what language did he speak to you; or, if through an interpreter, who was the interpreter?-A. He spoke the Spanish, and the interpreter was named Socarraz, I think. On that man-of-war with me there was a man by the name of Varona. He went on board with me. He was not the General Varona reputed to have been shot at Santiago. He was a Cuban. 39. Q. How many guns had that man-of-war?-A. I think she mounted eight guns. 40. Q. About what was her tonnage in American measurement ?-A. About 500 or 600 tons. 41. Q. After you went on board of her where did she go, and what did she do?—A. The Virginius towed her out of the harbor of Puerto Cabello, and after we had been out some few hours we came across this Mosquito fleet, as I term them, of the Blues. They commenced loading the guns on board the vessel I was on, and they fired one shell, and the Virginius afterward took them in tow, and towed them to Laguayra. I proceeded in the Orientala to St. Thomas. 42. Q. How many schooners were in that Mosquito fleet?—A. There were five or six, as near as I can recollect. 43. Q. Were they schooner-rigged, and were they armed?-A. I cannot say pos tively, but I think they were armed. Most of those schooners are armed with one gi amidships. 44. Q. At or about the time the gun was fired from the steamer on which you were, did you see the Virginius?-A. Yes, sir. 45. Q. What was she doing?-A. She was lying still. 46. Q. How far from the steamer you were on ?-A. Probably three-quarters of a mile. 47. Q. Was it clear weather, and could you see her distinctly?—A. Yes, sir. 48. Q. Did you see what flag she was flying?-A. Yes, sir. 49. Q. Describe it.-A. I saw her flying the American flag, and afterward the Vanezuelan flag for a short space of time. 50. Q. Do you know whether General Quesada was on board of her at that time!A. I was not on board of her myself; but my opinion is that he was on board of her. 1031 51. Q. Did you see the Virginius subsequent to the capture of the Mosquito fleet?A. Yes; at Puerto Cabello, after I returned from St. Thomas. 52. Q. Had you, previously to that time, seen anything of a Venezuelan flag on the Virginius-A. The flag was made in her cabin. I did not see them making it, but I was told that it was making in there. A party said that he saw them buy the stuff at Puerto Cabello. 53. Q. Did you ever see any other flag flying from the Virginius besides the flag of the United States and the Venezuelan flag?-A. No, sir. 54. Q. Did you ever see any other flag on any of the small boats belonging to the Virginius?-A. I saw the Cuban flag on one of her quarter-boats. 55. Q. When was this?-A. This was prior to the turning over of the balance of the nen-of-war that were in charge of the Blues. They turned over two ships, one called the Guzman Blanco, a side-wheel steamer, formerly called the London, and another one that was built in London for them, a propeller; a very large one. name. They were turned over to the Yellows. I forget her 56. Q. In what port was the Virginius lying at the time you saw the Cuban flag on one of her small boats?-A. Puerto Cabello. 57. Q. Was this before or after the Virginius towed out the Venezuelan man-of-war on which you were?-A. Before. 58. Q. Was it before the Virginius transported the Venezuelan troops along the coast to Barcelona?-A. I think not. 59. Q. Who was in the small boat at the time you saw the Cuban flag?-A. General Quesada, and some other Cubans, one or two, and Ambrose Rowlands, I think, and a man by the name of Miller. They pulled the boat. There was some other one, but I recollect only those two. One of them belonged to me-both, in fact. 60. Q. Did you see the flag on the boat yourself?-A. Yes, sir. 61. Q. Where did the boat go when it had this Cuban flag upon it?-A. They rowed out to a small island or strip of land near by. 62. Q. Did you see the small boat return to the Virginius?-A. I did not. 63. Q. How soon after this did you go on the Venezuelan man-of-war?-A. I cannot tell the exact time. 64. Q. Did you have any interview with any of the consuls of the United States in respect to the Virginius?-A. I did, with Dr. Lacombe, in Puerto Cabello. 65. Q. Did you make any statements to him in respect to the Virginius; and if so, what were they?-A. I related to him the facts of the taking of this ammunition on board from the Billy Butts, and I told him that my opinion was that she was engaged entirely in unlawful trade or traffic. This was prior to the affair with the schooners. 66. Q. What, if anything, did the consul say to you in reply?-A. He gave me but very little satisfaction. The communication we had was altogether verbal. He said she was "all right." 67. Q. Had Captain Shepperd left the Virginius before you left her?-A. Yes, sir. 68. Q. Who then took command of the Virginius as captain?—A. Marguiz was the man who was recognized as the captain. He was the only man that seemed to get clearances for her; so he told me himself. Mr. Camacho was the man that I always considered to be the captain of her. 69. Q. Did you ever see Consul Lacombe and General Quesada together?-A. Yes; I saw them at Puerto Cabello in the Hotel de Commercio. I boarded there quite a while after I left the Virginius. 70. Q. State what you saw or heard at that time, if anything.-A. They spoke in Spanish. I saw Quesada give him, Lacombe, some money, but how much I could not tell, nor for what purpose; but I know it was gold. 71. Q. In whose control did you believe the Virginius to be while you were on board of her?-A. Under the control of the Cubans, after we got on board the cargo from the Billy Butts. After Captain Shepperd left the ship I considered Camacho to be in control of her as the real navigator. 72. Q. What control, if any, did General Quesada appear to you to have over the Virginius?-A. Well, I did not see him assume command at all while I was on the ship. 73. Q. What relation did it appear to you that Quesada had to the Virginius ?—A. I considered him as the owner of her. 74. Q. From what things, or act, or deed did you consider him to be the owner?—A. From a conversation that took place on the day that Captain Shepperd left; from reIf my memory serves me right, Quesada gave Captain Shepmarks that I overheard. perd to understand that he had the papers of that ship, and owned them. 75. Q. In what language was that conversation carried on ?-A. The conversation was partly in Spanish and partly in English. I overheard some of it; I was sitting on the rail of the vessel at the time. 76. Q. With whom was Quesada having that conversation ?-A. I could not remember the names of all of them; the whole party that went out with us-the Cubans; it was a general conversation. 77. Q. Did you ever see any documents or papers relating to the ownership of the vessel?-A. No, sir. 78. Q. By whom were you discharged from the Virginius ?-A. I never was discharged, because I never went back to her again after I left her to go on board the Venezuelan gunboat. 79. Q. For what wages did you ship in New York?-A. Eighty dollars a month, I think. 80. Q. Were you ever promised any greater sum as wages?-A. I was told by Mr. Marguiz that if we did run the blockade we would be amply compensated for it. 81. Q. Where, and by whom, were you first paid any wages after you went on board the Virginius, and sailed from New York?-A. I was paid by the Cubans, in Puerto Cabello, by Mr. Arredondo, who went out with us on the ship from here. He came on board from the Virginia Seymour. 82. Q. Where was it you were paid?-A. In Puerto Cabello. 83. Q. Before you went on board the gunboat, or afterward?-A. Afterward. 84. Q. Did he pay you any portion of your wages earned on the Virginius ?-A. He paid me the whole. He did not pay me anything for my services on the Venezuelan gunboat, but he did pay me in full for my services on the Virginius. 85. Q. At what rate of wages did he pay you ?-A. Eighty dollars a month, with 20 per cent. off for gold. 86. Q. Why did he pay you ?-A. I asked him for my money. I told him I wanted nothing more to do with the ship at all, and asked him for my money, and he went to Quesada and got the money, and came and handed it to me. 87. Q. Did you see him get the money from General Quesada ?—A. He went into his room and returned with the money. 88. Q. How came you to apply to Mr. Arredondo to pay you, rather than to any other one of the Spaniards aboard?-A. From the simple fact that he spoke English. 89. Q. Who paid you for your services on the Venezuelan gunboat?-A. I don't think I ever got anything. I went in the custom-house there with General Oquinda. 90. Q. Where did you go into the custom-house?-A. At Laguayra; and they were speaking Spanish together; and then they took me before some of their officials therethe Venezuelan officials; then to Caracas, with a diligence, the capital of Venezuela. They gave me $4 or $5 in gold there. What their talk was I didn't know, because I didn't understand the language. 91. Q. That was all you ever got?-A. That is all. 92. Q. Did you ever endeavor to get any pay for your services there?—A. I asked them, but could not get any. 93. Q. Did you ever ask anybody on board the Virginius for your pay ?-A. I asked Guzman Blanco. 94. Q. What did he say?-A. He knew nothing about it. 95. Q. Did you ask anybody on board the Venezuelan gunboat?—A. No, sir. 96. Q. Anybody who were described as Cubans?-A. No. 97. Q. Did you get some pay before you sailed?—A. Yes. 98. Q. From whom?-A. I don't know whether it was from I. K. Roberts or Patterson; I don't know which of the two. 99. Q. How much?-A. I don't know how many days I had worked. 100. Q. Who was Patterson?-A. He used to be a purser in Marshall O. Roberts's employ some years ago, but he acted as business man for him. I understood him to be. 101. Q. In connection with this vessel?-A. Yes, sir. 102. Q. You considered him acting for Marshall O. Roberts, did you?-A. For young I. K. Roberts, I believe, sir. 103. Q. You had a conversation with Captain Shepperd after the man came aboard, off the Highlands ?-A. Yes, sir. 104. Q. Did you ever have any other conversation with Captain Shepperd, with reference to the Virginius, her use or destination?-A. Yes, sir; I had conversation with him a number of times. 105. Q. Can you tell us when they were, and where they were, and what was said in each-A. O, it was during the voyage, or the cruise, we conversed together. We was very intimate-Captain Shepperd and myself. 106. Q. If you can tell us any specific thing, do so; and if you cannot, say so.-A. Can't tell any specific thing. 107. Q. When Captain Shepperd-he left under a disagreement with the A. With General Quesada. 108. Q. Did you hear the cause of that disagreement stated?-A. Couldn't say posi tively about that. I heard a portion of it, as I said before, but the exact words I couldn't say. Captain Shepperd gave me to understand himself that Quesada owned the ship. 109. Q. He didn't tell you that he left because Quesada owned the ship, but for some other reason?-A. He left because they would not tell him where the ship was going. That is the reason he quit. I heard him say that himself. 110. Q. Captain Shepperd, then, did not from the outset expect to go to Cuba ?-A. Couldn't tell. 111. Q. Did you not gather so from him?-A. I gathered that he did calculate. 112. Q. Did calculate to go to Cuba?-A. Yes, sir. 113. Q. Did you gather that he left because she expected to go somewhere else afterward-A. No, sir; Quesada would not give him any information as to where the ship was going-wouldn't give Captain Shepperd. That is the reason he left. 114. Q. Where did Camacho come on board?-A. He went out with us. 115. Q. Came aboard at the Highlands?-A. Yes, sir. .116. Q. You mentioned that General Quesada and others went ashore at Laguayra?— A. At Laguayra. 117. Q. They came back aboard the Virginius before she sailed, didn't they?—A. Yes, sir. 118. Q. Did they come with you to Puerto Cabello?-A. I think they did, sir. 119. Q. This Venezuelan gunboat, was it a sailing-vessel or steamer?-A. A steamer. 120. Q. Was it a side-wheel?-A. No; twin screws. 121. Q. At the time the Mosquito fleet was captured did the Virginius have any guns mounted on board?-A. Don't think she had. 122. Q. She took no part in the capture more than lying by?—A. No, sir; no more than lying still. 123. Q. There was only a single gun fired from the gunboat?-A. That is all. 124. Q. Then the others surrendered?-A. Yes, sir. 125. Q. Now, this Venezuelan flag, flying on the Virginius during that temporary engagement: how long was it up?-A. Well, I don't think it was up more than ten minutes. 126. Q. During that time was there an American flag also flying?—A. I didn't see any. 127. Q. There had been prior to that?-A. I think so. 128. Q. Was the Venezuelan flag hauled down subsequently?-A. Yes; it was hauled down. I saw it when it was run up and when it was hauled down. 129. Q. Then was the American flag run up again?—A. Yes, it was—well, I couldn't be positive about that. 130. Q. Was that during this engagement?-A. Yes; as we fired the shot. 131. Q. What was done as you fired the shot?-A. The Venezuelan flag down on the Virginius. 132. Q. As you fired the shot?-A. Yes. 133. Q. When did you first see the Virginius after your return to Puerto Cabello; I mean when by the month ?-A. I don't recollect the month. 134. Q. Was it 1870 or 1871 ?-A. I think in 1870; the latter part of 1870. 135. Q. Who told you that the Venezuelan flag was made in the Virginius's cabin ?— A. Some of the crew; I don't recollect who. 136. Q. When was it that you saw Lacombe and Quesada together, when money was passed from Quesada to Lacombe ?-A. Well, I was boarding at the hotel; the month I couldn't give. 137. Q. After your return from St. Thomas?-A. Yes, sir. 138. Q. How much?-A. I couldn't tell you. 139. Q. You could tell whether $5 or A. O, it was more than that; it was $20 gold-pieces; how many of them I couldn't say. Of course I couldn't go up and look. 140. Q. What has been your occupation since that time?-A. Engineering, sir. 141. Q. Where?-A. Running to Savannah-different ports-New Orleans, &c. I have not been to sea recently. 142. Q. Where, if anywhere, are you now employed?-A. Not engaged at present, sir. 143. Q. Where were you last employed?-A. At John Roche's iron-works. 144. Q. How long ago?-A. About two months ago-in that neighborhood. 145. Q. Been out of employment for about two months?-A. Yes. 146. Q. How came you to make this statement here?-A. Well, sir, I done it on this account: I thought the Virginius was doing wrong 147. Q. No matter about that. How came you in communication with anybody?— A. I went to the Spanish consul. 148. Q. Any agreement for compensation with you?—A. No, sir. 149. Q. Any understanding that you would be compensated?—A. No, sir; except I am to be paid for my time. 150. Q. How much time has that been ?-A. Well, Saturday 151. Q. Well, you have been employed in getting these other parties, have you not? -A. Yes, sir. EDWARD GREENWOOD. Subscribed and sworn to before me this 26th day of November, 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 twenty-sixth day of November, in the year one thousand eight hundred and seventy-three. [SEAL.] JOSEPH GUTMAN, JR., United States Commissioner, Southern District of New York. [Inclosure 9.] Affidavit of John McCann and Matthew Murphy. SOUTHERN DISTRICT OF NEW YORK, 88: John McCann and Matthew Murphy, being severally duly sworn, depose and say: That they are seamen by business; that about October 3, 1870, they went on board the steamer Virginius, in the port of New York, with the intention of going on her as sort of passengers to Mobile, Ala., having been informed that the crew of this steamer had signed articles for Mobile, Cedar Keys, and Havana; that they, both of them, know personally Thomas Anderson and George W. Miller, who were seamen on this steamer during this voyage; that they have heard read the affidavits of Anderson and Miller, dated 24th December, 1870, and all the statements therein made in respect to what was done on the Virginius are, as they believe, correct and true; that they, the said McCann and Murphy, remained on board the steamer after Captain Shepperd left her at Puerto Cabello. And these deponents further say that the Virginius went from New York to Curaça, from Curaçoa to Laguayra, and at the latter place General Quesada, with three or four Cubans, left the steamer, which then went on to Puerto Cabello, where she arrived about October 24, 1870; that not many days after she reached Puerto Cabello, General Quesada and his staff came there in the Venezuelan steam gunboat called the Oriental, which was flying the Venezuelan flag; that soon after this gunboat came in General Quesada came aboard the Virginius, and not long after the cargo of the Virginins was placed, a part of it in the fort at Puerto Cabello, and a part placed on board this Venezuelan gunboat Oriental. And these deponents further severally say that about the time the cargo was taken out of the Virginius nearly all the sailors and stewards of the Virginius left her, and one engineer by the name of Greenwood, but these deponents both remained on the Virginius; that the places of the sailors and stewards who went away from the Vir ginius were filled by sailors and stewards taken from the Venezuelan gunboat Oriental. And these deponents further severally say, that after taking the cargo out of the Virginius, one Marquez, who was the chief engineer of the steamer from New York to Puerto Cabello, was nominally made captain, but, being an engineer, he did not understand navigation; and the sailing-master was one Camacho, who came on board the Virginius from the Virginia Seymour with General Quesada, in the harbor of New York; that the Virginius then went from Puerto Cabello along the coast of Laguayra, where she took on board a lot of people who were said to be Venezuelan soldiers, and carried them to Barcelona, where they got off, and the Virginius returned, touching at Laguayra and Puerto Cabello. And these deponents further severally say, that after General Quesada was on board the Virginius took in tow the Venezuelan gunboat Oriental, before spoken of, and proceeded with her out to sea; that when the Virginius first started with the Venezuelan gunboat in tow she hoisted the American flag; that when not very far out at sea there was sighted a fleet of schooners said to belong to the party of "Blues," in Venezuela, each of them armed with one pivot-gun; that when they came in sight of the schooners the Virginius hauled down the American flag and ran up the Venezuelan flag, which was red, yellow, and blue, with seven stars; that pretty soon the gunboat Oriental fired on the schooners, and they hove to, and then the Virginius hauled down the Vene zuelan flag and ran up the American flag again; and then General Quesada mounted up on the wheel-house of the Virginius and, striking his breast, said something which meant like this: "Americano, we take you into protection;" that then the gunboats surrendered, the Virginius taking five in tow, and the gunboat Oriental two in tow; and all went to Laguayra, where the Virginius left the schooners lying under the fort; and the Virginius coaled up at Laguayra, and then went to Curaçoa. And these deponents further severally say that the first money they could get for their services on board the Virginius was after arriving, as just stated, at Curaçoa; that at Puerto Cabello they could get nothing; and when they left the steamer, or tried to leave |