her, the consul of the United States told them they must go back, and the military of Venezuela drove them to the ship, but that at Curaçoa the men said that the articles had been broken, because the Virginius had carried the Venezuelan flag, and they insisted on being paid and discharged, and these two deponents were paid and sent to St. Thomas by the consul.

Sworn to and subscribed by their marks before me, (the said affiants being unable to sign their names,) and being first read over and explained by me to the said affiants, who acknowledged that they fully understood the contents thereof, this 22d day of November, 1873. H. J. BEGLY,

Notary Public, Kings County, New York.

[Inclosure 10.]

Deposition of Thomas Gallagher.

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 in 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 Nassau street, in the city of New York, appeared as a witness Thomas Gallagher, a mariner, formerly on board the steamship Virginius, produced by the consul-general of Spain 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, representing the aforesaid consul-general of Spain, and by George Bliss, esq., attorney of the United States for the southern district of New York, attending by the direction of the Secretary of State of the United States; and that the aforesaid witness, having been first 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 then been duly sworn by me, according to the laws of the United States, did, in answer to the interrogatories addressed to him in my presence, voluntarily, freely, and solemnly declare and depose in my presence as follows, that is to say:

1. Question. What is your age, occupation, place of birth, and present citizenship?Answer. My age is forty-one; my occupation is ocean-steamship fireman; I was born in Ireland, and am not a citizen of the United States.

2. Q. Did you ship on board the steamer Virginius in October, 1870, on her voyage from this port; and, if so, for what voyage did you sign shipping-articles?-A. I shipped on her on the articles. I didn't read the articles, and when I asked Captain Shepperd some questions in regard to the articles, he made some joking remark, and told me he would see me as far as a crow would fly in a certain place before he would tell me any more, and so he verbally told us we were going to Cedar Keys and Mobile, to run between there and Havana, and mentioned at the same time that we might call in to some port or ports in the Caribbean Sea.

3. Q. Who was Captain Shepperd ?-A. He was captain of the Virginius at the time, represented himself as such, and acted as such.

4. Q. Do you remember at what place you signed shipping-articles?-A. Signed shipping-articles at the foot of Leroy street and West street, New York City, aboard the steamer Virginius, in the cabin.

5. Q. Who, besides Captain Shepperd, do you remember was present at the time you signed articles?-A. Chief engineer.

6. Q. What was his name?-A. Marguiz.

7. Q. Who first suggested to you to ship on the Virginius?-A. A man by the name of Quigley, a water-tender, who was on the ship working on her when she came from Washington to New York, that I had been acquainted with previous. He asked me to go; he wanted me to come with him, and he introduced me to the first assistant engineer, Mr. Greenwood here, and I got a job.

8. Q. At the time you signed shipping-articles, and before the steamer departed ont of the port of New York, was anything said to you about a voyage to Curaçoa; and, if so, what?-A. There was nothing said to me about the voyage to Curaçoa whatsoever, or any other place. I had no idea only she was going to run between some port of Florida and Cuba, I didn't care which. That is what I understood.

9. Q. After the Virginius left the port of New York what port did she first make!— A. Curaçoa.

10. Q. In what capacity did you serve on that voyage?-Served as fireman. 11. Q. Who was captain on the voyage -A. Captain Shepperd was captain. 12. Q. Who was first engineer?-A. Marguiz was chief engineer. That is, first, I understood you.

13. Q. Do you know where Marguiz was born, or of what country he was a citizen!— A. I have heard it said that he was born in Poland. I never heard whether he was a citizen of this country. I could not tell anything about his citizenship.

14. Q. You mean of this country, the United States?-A. The United States; I could not tell where his citizenship was.

15. Q. Do you remember the day in October, 1870, on which the steamer set sail from New York?-A. Yes, sir; I have a distinct recollection of it. I can't say the day of the month. I did know, but I forget it.

16. Q. Had she, to your knowledge, any passengers on board when she left the wharf at New York?-Á. No, sir; I didn't know that she had any passengers at the time she left the dock, but she did before she left the port.

17. Q. State who, and tell what happened.-A. We left the dock and went down the bay, and she stopped in the bay, and a tng-boat came alongside of her, and put some, what appeared to me, Cuban gentlemen aboard of the Virginius, and some boxes along with them. These boxes, I considered at the time that they had arms in them, such as revolvers and rifles.

18. Q. How many of these Cuban gentlemen, as you call them, were there, if you know?-A. I could not say the exact number, but I should judge there were more than ten, and somewhere between there and twenty; I think it was nearer twenty. 19. Q. Can you give the names of any of them?-A. There was one of them repre sented to me as General Quesada; there was another by the name of Varona; there was another by the name of Comancho. There were others whom I forget; I did know their names, but I have forgotten.

20. Q. Do you know the name of the tug?-A. I disremember the name of the tug. 21. Q. How long after the Virginius arrived in Curaçoa did she lie in the harbor before leaving?-A. The exact time I can't say, but she remained there some days-a few days. She remained there until a schooner arrived in there.

22. Q. What was the name of the schooner?-A. That I can't say. This schooner came from New York, and came in there from Curaçoa, and left there very suddenly out of the port. I understood the authorities were going to lay seizure on her, to examine her papers. The schooner went away first after coming in, and the Virginius followed her down the coast, where there was some salt-works. We came alongside of her in the evening and we banked our fires. The officers of the Virginius asked us firemen to assist in discharging the contents of the schooner into the Virginius, and we said we wanted to get pay for it. So, finally, they made an arrangement that they would pay us, and we helped all the freight-most of the freight was ammunition and arms-in the schooner, and there was provisions, a heavy load-a large schooner; then, after that, they gave us orders to get up steam and to get under way, and we refused to do so. We wanted to know where the steamer was going to. They told us she was going to Laguayra. We refused. We wanted to know the destination of the ship. We believed that she was going to Cuba to run the blockade; that we considered she would not take any heavy arms and ammunition if she was not going there, and they said "No." So, finally, they asked us what we wanted. We said we wanted to be paid, if we would run the risk to go to Cuba; and they told us to go to the forecastle and consult among ourselves what our demand was, and to tell them. We done so, and came back and told them we wanted $150 in gold each to run the ship in there-to work it; and, finally, they agreed to give us $150 in gold, and then there was a written agreement drawn up, in the presence of myself and two other firemen, in the cabin of the ship, to that effect, they guaranteeing that they would give us $100 in gold each for the run, and our wages to continue at the same time.

23. Q. Who did the talking at this time in behalf of the crew?-A. At the first time that we went aft we all went together, and each one had the privilege of speaking. ! made some remarks, and one or two other men. Then, on another occasion, me and another man went aft; the other man was George Miller; and then, afterward, Captain Shepperd sent for me specially, and General Quesada sent for me on another occa sion, and they talked about the crew and everything relating to the affairs of the ship that interested us. They talked it over to me, and wished me to advise the crew what was right, and they wanted me to get their discharge.

24. Q. At this time who told you where the steamer was going?-A. Captain Shepperd, and one of the Cubans told me in the name of General Quesada. The general was present, and he interpreted his words to me, and pledged his honor that she was going there.

25. Q. What was the name of the person who interpreted General Quesada's words to you?-A. His name I don't know. I recollect him good, and if I heard the name I would know it; that was the man who paid us off.

26. Q. Where did General Quesada and Captain Shepperd tell you the steamer was going?-A. They said she was going to Laguayra direct. They admitted, at the same time, that she might run the blockade, or that she might run into Cuba-we used to call it "blockade”—but that she was not going there directly, and that, whenever she would be going to leave any port to go direct to Cuba they would let us know.

27. Q. After this conversation in the cabin did the steamer get under way and go to Laguayra-A. Yes, sir.

28. Q. What happened at Laguayra within your own knowledge? Did Quesada leave, or what happened?—A. No; there was nothing unusual. Some of them went ashore-some of the officers-and we stopped there for some time; the exact time I don't remember that we stopped there.

29. Q. After leaving Laguayra where did the steamer go?-A. I believe we went—I am not positive, but I believe we went to Puerto Cabello.

30. Q. How long did the steamer at that time remain there?-A. I believe she stopped about a week at Puerto Cabello at this time. She left there and returned again, and went up the coast.

31. Q. Please state what happened at Puerto Cabello at the first time the steamer was there.-A. We discharged the arms and ammunition. They were put into a fort there from the Virginius. They were put ashore into the fort at Puerto Cabello.

32. Q. A part of it was put there, and what was done with the rest?-A. The bulk of it was put ashore at the fort.

33. Q. What was done with the rest?-A. Kept aboard. They always had some arms aboard.

34. Q. Was any of it put into another steamer?-A. No, sir; I don't know of any being put into another steamer.

35. Q. After putting the cargo out of the Virginius she took on board what ?—A. Venezuelan troops, and carried them down the southern coast of Venezuela to Barcelona, and left them there, and then the Virginius returned to Puerto Cabello. I am not sure whether she went then to Curaçoa before she towed out a man-of-war or not. I am not positive whether she towed out the man-of-war before she went to Curaçoa, or went to Curaçoa first. I have a kind of recollection that she went to Curaçoa and got coal, and then came back to Puerto Cabello and towed out a man-of-war.

37. Q. What man-of-war was this?-A. I don't mind what her name was, but I know saw her-a gunboat, like. She belonged to Venezuela. She was a Venezuelan manof-war. It was stated that she belonged to Guzman Blanco. The Virginius towed the steamer out of the harbor of Puerto Cabello, and between Puerto Cabello and Curaçoa we met some schooners. I understood these schooners belonged to the opposite party in Venezuela. We towed the Venezuelan steamer out to sea, and we met some schooners, and this Venezuelan steamer fired a gun, and hove these schooners to, and these schooners surrendered. I heard at the time that General Quesada asked the captains of the schooners to surrender to him, and that they would have the protection of the American flag. That is what I heard, and the schooners did surrender, and the Virginius took them in tow. I don't know the exact number that she took in tow. She took two, I know, in tow to Laguayra. I believe the Venezuelan war-steamer took the balance of the schooners in tow.

38. Q. After the Virginius arrived at Laguayra, with these schooners in tow, what did she next do?-A. She went to Curaçoa, and from there to Puerto Cabello, and from there back to Curaçoa again, where I left her. I am not certain whether she called at any intermediate ports in the mean time.

39. Q. While you were on the Virginius what flag did she fly?—A. She flew the American flag, excepting on one occasion; during the time she was assisting the capture of these schooners the Venezuelan flag was run up on the Virginius.

40. Q. Did you never see the Virginius fly any other flags but the United States and the Venezuelan ?-A. I never did see the ship fly any other flags. I saw one of the ship's boats flying the Cuban flag. I saw one of the Virginius's small boats fly the Cuban flag.

41. Q. Please state distinctly when and where you saw a small boat of the Virginius fly a Cuban flag, and who was in the small boat at the time. A. It was at Puerto Cabello, and General Quesada and Varona were in the small boat at the time, and a portion of the crew of the Virginius-Ambrose Rollins and George Miller, two of the crew, were in her.

42. Q. At this time did General Quesada and Varona go directly from the Virginius into the small boat ?-A. Yes, sir; they did.

43. Q. Do you know where they went at the time the small boat had the Cuban flag-A. They went toward a man-of-war that lay outside the harbor a short distance; a Venezuelan man-of-war.

44. Q. Was this the same Venezuelan man-of-war that the Virginius towed out to sea and captured the schooners?-A. No, sir.

45. Q. Do you remember the name of this Venezuelan man-of-war?-A. I do not. 46. Q. Was this before or after the cargo was taken out of the Virginius and part of it placed in the Venezuelan fort at Puerto Cabello?—A. It was after the cargo was taken out.

47. Q. Was it before or after the Virginius towed the Venezuelan war-steamer to sea and the schooners were captured ?-A. Previous to the time they captured the schooners.

48. Q. Did you see, with your own eyes, the Venezuelan flag flying on the Virginius at the time of the capture of the schooners?-A. Yes, sir.

49. Q. On what part of the ship or on what mast was the Venezuelan flag flyingA. Flying at the main; flying aft. She had no mainmast.

50. Q. At this time did you see the flag of the United States also flying?—A. No, sir; I did not.

51. Q. Was General Quesada on board the Virginus at the time the schooners were eaptured?-A. He was; I saw him.

52. Q. Where was he standing, if you remember?-A. He was standing on the port quarter-deck.

53. Q. Did you hear him express any words at the time; and, if so, can you say what they were?-A. I heard his voice, but I could not understand what he said, for he spoke in Spanish.

54. Q. Who did he appear to be addressing?-A. The captains of the schooners. 55. Q. The captain of one of the captured schooners?-A. Yes, sir.

56. Q. Who was in command of the Virginius at the time of this capture!-A. I believe Marguiz was captain.

57. Q. Had Captain Shepperd left her?-A. Yes, sir.

58. Q. But you have testified that Marguiz was the chief engineer?-A. Yes, sir. 59. Q. How was he captain?-A. Captain Shepperd was discharged, and then the chief engineer was made captain. He took command, or was made captain by the Cubans; by General Quesada.

60. Q. Was he competent to navigate the steamer?-A. That I can't say.

61. Q. Was there any other person on board, to your knowledge, who appeared to be sailing-master or navigator?-A. Yes, sir; one Cuban, by the name of Camacho. 62. Q. Is it not true that Marguiz was only a paper captain, and Camacho the real captain?-A. That I believe to be the fact.

63. Q. I refer now to the time of the capture of the schooners, and ask who was chief engineer at this time?—A. Marguiz was chief engineer then, and all the time that I was on the ship.

64. Q. At this time was Marguiz both captain and chief engineer?-A. Yes, sir. 65. Q. Who gave orders on deck at the time of the capture?-A. Well, I thought that Quesada had more to say than any one else; that the ship was under his control at that time altogether.

66. Q. Did you ever sign any other articles for the Virginius except those you signed in the port of New York, to which you have referred?-A. I never did.

67. Q. Did the schooners which you captured belong to the party of Guzman Blanco-A. I understood they belonged to the opposite party.

68. Q. To which party did the Venezuelan steamer belong which you towed out to sea?-A. Guzman Blanco.

69. Q. What flag did this steamer fly when towed out and at the time of the capture of the schooners?—A. I can't describe the flag particularly, but I think she few the flag of the party called the "Yellows." I understand that that party to which the schooners belonged was called the "Blues."

70. Q. Why did you leave the Virginius?-A. I considered it was not safe to stopo her any longer; after Captain Shepperd left the ship I could not say who controlled the ship. And there were outside parties on the ship that interfered with the men and discipline of the crew that I considered had no right to do it, and they done so. 71. Q. Who were those "outside parties?"-A. Quesada was the principal one. 72. Q. To what nationality did these "outside parties" belong?-A. Cuba. 73. Q. Did you ever report to any American consul that the Virginius had wors of carried a Venezuelan, flag ?-A. I did.

74. Q. To whom?-A. I believe his name was Faxon, in Curaçoa-the American consul.

75. Q. Who was with you, if any one, when you spoke to Consul Faxon about the flag-A. Stephen Cox and Edward Luby.

76. Q. Where were you when the conversation took place?-A. In the American consul's office at Curaçoa.

77. Q. State, if you can, what took place at this time, in as nearly the words as you can now remember.-A. I asked the American consul on that occasion for to compel the engineer of the ship to discharge me; that I had asked my discharge off of the ship from the chief engineer, and he had denied it me. I refer to Chief Engineer Marguiz. Marguiz denied me. He told me that I could get my discharge and what wages was coming to me, but that I would get no three months' extra pay for being discharged in a foreign port, when he didn't discharge me, when I was leaving by my own free will; that I could not claim no three months' pay; and I thought differently to that, and I went and saw the American consul, and asked him for my discharge to him; and I likewise told the American consul that I considered that the ship had broken the laws of the United States, and that if I was captured by the Spaniards on her that I could not get no protection on that account from the United States Government; that the ship done enough to condemn her; that she was little better than a pirate, or words to that effect. And I stated to him what the ship did do; that she hoisted the Venezuelan flag on one occasion-took down the American flag and hoisted this other flag; that she assisted in capturing these schooners belonging to the Venezuelan party; that she had arms and ammunition aboard of her; that she had two brass guns mounted on her deck at one time; that she was going to run into Cuba, to run men and munitions there; and that I claimed my discharge on this account, and I wanted protection from him. He told me to go aboard the ship and stop there until I would hear from him, and that he would attend to it and give me every protection. I left his office then, and that same evening I was arrested and locked up that night by the police of Curaçoa, I understood, for making this complaint against the ship, and sent aboard the next morning, and was kept confined to the ship until the American consul came aboard and discharged me.

774. Q. What did the consul say to you, if anything, when you told him what flags. the Virginius had used and what business she had been in?-A. At the time that I told the American consul this he made no reply to me on that day, but in the course of some time after, after a week or so, he wrote a letter for to be read to the crew, and the engineer read this letter, and the consul stated in this letter, according as the engineer read it, that he considered, in looking over all these things that I charged the ship with, that she hadn't done anything that was wrong. That was it. And that this thing of her hoisting the Venezuelan flag, that it was represented to him that it was a mistake that was made by some of the crew, that hoisted it through a mistake, and that it was only up for a very short time, he said, and that as soon as they took notice of it they took it down. That was the way it was represented to him by the officers of the ship, and he considered it was not any serious matter; and he finally stated that he could not comply with my request to discharge us on these charges.

78. Q. Did you get your three months' extra pay?-A. Yes, sir.

79. Q. From whom?-A. Well, I can't tell you exactly now. I will tell you the circumstances how we did get it. It was paid, but we didn't get it all.

80. Q. Paid by whom?-A. Paid by the American consul, two months' pay; three months' given, but the consul takes one month's. And then out of our two months' he deducted our passage-money on a schooner from Curaçoa to Saint Thomas. That was $13, I believe, each. And he sent this money of ours, this extra pay, he sent it by the captain of the schooner to the consul in Saint Thomas; and the consul in Saint Thomas-it was gold, and he changed it into silver, and there was something made out of that. That reduced it for us, and he paid $20 apiece out of our money, though he admitted at the time that he should charge us nothing, though as the other consul did not act right he could do no better.

81. Q. For what did he pay $20 ?-A. For our passage from Saint Thomas to New York on the Merrimac.

82. Q. Did you, or the crew, to your knowledge, make any representation in writing in respect to the Virginius?-A. I made no representation in writing, and I don't know of any of the crew that did. But I want to explain: he took a note of what I told him, and I made an affidavit to it, and the other two men that was with me done the

same.

83. Q. Do you know what the consul did with this affidavit of yours ?-A. I don't know, sir.

84. Q. How many of the crew or engineers or firemen of the Virginius were discharged at the same time with yourself?-A. All the firemen and coal-passers and one water-tender were discharged along with me.

85. Q. Why, if you know, did the consul come on board the Virginius at this time to discharge you?-A. Well, to examine all the crew with reference to these charges that I and the other two men made against the ship. He brought each one of the crew separately, and questioned them with regard to the ship, and the voyage, and everything relating to her.

86. Q. And after this examination, he discharged you and the other persons to whom you have referred ?-A. Yes, sir.