IN THE DISTRICT COURT OF THE UNITED STATES X . FOR THE EASTERN DISTRICT OE PENNSYLVANIA. UNITED STATES - HENRY HERTZ ET. AL. CHAKGED WITH HIEING AND DETAINING PERSONS TO GO .BEYOND THE JURIS¬ DICTION OF THE UNITED STATES, WITH THE INTENT TO ENLIST IN THE BRITISH FOREIGN LEGION, FOR THE CRI5IEA. TAKEN IN SHORT HAND SPECIALLY FOR THE PENNSYLVANIAN, By JAMES B. SHERIDAN, PHONOGRAPHIC REPORTER. PUBLISHED BY WILLIAM EICE, No. 46 South Third Street, Philadelphia. McLaughlin brothers, steam-power book and job printers, so south third st 1855. Jio /9c ^ DISTRICT COURT OF THE UNITED STATES, EASTEEN DISTRICT OF PENNSYLVANIA. UNITED STATES OF AMERICA vs. HENRY HERTZ AND EMANUEL C. PERKINS. September 21st, 1855.—Before the HONORABLE JOHN K. KANE. The Defendants were arraigned on several Bills of Indictment, to which they seve- raUy pleaded NOT GUILTY. A JURY is called, and sworn or af&rmed as follows: 1. JEREMIAH BYERLY, Carpenter, Front Street, below Catherine, Philadelphia. 2. JOHN BAIRD, Marble Mason, Spring Garden Street, above 13th, “ 3. JOSHUA FRY, Gentleman, Centre P. 0., Lehigh County, Penna. 4. JOHN G. HENSELL, Collector, Crown Street, above Vine, Philadelphia. 5. MICHAEL D. KELLY, Tailor, Division Street, below 12th, Philadelphia. 6. CORNELIUS McCAULEY, Manufacturer, No. 119 Lombard Street, Philada. 7. JOHN F. PARKE, Farmer, Radnor P. 0., Delaware Coimty, Penna. 8. GEORGE REESE, Gentleman, Race Street, above Third, Philadelphia. 9. JOHN STEWART, Farmer, Carlisle, Cumberland County, Pa. 10. JOHN WILBANK, Innkeeper, Rugan Street, above Callowhill Street, Philada. 11. JOSEPH LIPPENCOTT, Carpenter, Vernon Street, above 10th, Philada. 12. CHARLES R. ABLE, Manufacturer, No. 478 North Fourth Street, Philada. The Indictments were similar in their character, and related to the hiring of differ¬ ent persons. The following is a copy of one of the Indictments. 4 In the District Court of the United States in and for the Eastern District of Pennsylvania, of May Sessions, in the year of our Lord One Thousand Eight Hundred and Fifty-five. Casftrn District o£ ycnnsnltiania, ss. FIRST COUNT.—The Grand Inquest of the United States of America, inquiring for the Eastern District of Pennsylyania, upon their oaths and affirmations respectively, do present, that Henry Hertz, late of the District aforesaid, yeoman, and Emanuel C. Perkins, late of the District aforesaid, yeoman, heretofore, to ivit: on the twenti¬ eth day of February, in the year of our Lord one thousand eight hundred and fifty- five, in the District aforesaid, and within the jurisdiction of this Court, with force and arms, did hire and retain one William Budd, to enlist himself as a soldier, in the service of a foreign Prince, State, Colony, District and People, contrary to the form of the Act of Congress in such case made and provided, and against the peace and dignity of the United States. SECOND COUNT. — The Grand Inquest of the United States of America, inquiring for the Eastern District of Pennsylvania, upon their oaths and affirmations respectively, do further present, that Henry Hertz, late of the District aforesaid, yeoman, and Emanuel C. Perkins, late of the District aforesaid, yeoman, heretofore, to wit: on the twentieth day of February, in the year of our Lord one thousand eight hundred and fifty-five, at the District aforesaid, and within the territory and jurisdiction of the United States, and of this Honorable Court, with force and arms, did hire and retain William Budd, to enlist and enter himself as a soldier in the service of a foreign Prince, State, Colony, District and People, to wit: the service of Her Most Gracious Majesty, the Queen of Great Britain and Ireland, contrary to the form of the Act of Congress in such case made and provided, and against the peace and dignity of the United States of America. THIRD COUNT.—The Grand Inquest of the United States of America, inquiring for the Eastern District of Pennsylvania, upon their oaths and affirmations respectively do further present, that Henry Hertz, late of the District .aforesaid, yeoman, and Emanuel C. Perkins, late of the District aforesaid, yeom.an, heretofore, to wit: on the twentieth day of February, in the year of our Lord one thousand eight hundred and fifty-five, at the District aforesaid, within the territory and jurisdiction of the United States, and within the jurisdiction of this Court, with force and arms, did hire and retain William Budd, to go beyond the limits and jurisdiction of the United States, with the intent of him, the said William Budd, to be enlisted and entered as a soldier, in the service of a foreign Prince, State, Colony, District and People, contrary to the form of the Act of Congress in such case made and provided, and against the peace and dignity of the United States of America. FOURTH COUNT.—The Grand Inquest of the United States of America, inquiring for the Eastern District of Pennsylvania, upon their oaths and affirmations respectively, do further present, that Henry Hertz, late of said District, yeomau, and Em.anuel C. Perkins, late of the District aforesaid, yeoman, heretofore, to wit: on the twenti¬ eth day of February, in the year of our Lord one thousand eight hundred and fifty-five, at the District aforesaid, and within the territory and jurisdiction of the United States, and within the jurisdiction of this Honorable Court, with force and arms, did hire and retain William Budd, to go beyond the limits and jurisdiction of the United States, with the intent of him, the said William Budd, to be enlisted and entered as a soldier, in the service of a foreign Prince, State, Colony, District and People, to wit: the service of Her Most Gracious ^lajesty, the Queen of Great Britain and Ireland, contrary to the form 5 of the Act of Congress in such case made and provided, and against the peace and dignity of the United States of America. FIFTH COUNT.—The Grand Inquest of the United States of America, inquiring for the Eastern District of Pennsylvania, upon their oaths and affirmations respectively, do further present, that Hekkt Hertz, late of said District, yeoman, and Emanuel C. Perkins, late of the District aforesaid, yeoman, heretofore, to wit; on the twentieth day of February, in the year of our Lord one thousand eight hundred and fifty-five, at the District aforesaid, within the territory and jurisdiction of the United States, and within the jurisdiction of this Court, with force and arms, did hire and retain William Budd, to go beyond the limits and jurisdiction of the United States, with the intent of him, the said William Budd, to be enlisted and entered as a soldier in the service of a foreign Prince, Slate, Colony, District and People. The said Henry Hertz and Eman¬ uel C. Perkins, at the time they so hired and retained the said William Budd to go beyond the limits and jurisdiction of the United States, with the intent as aforesaid, not being a subject or citizen of any foreign Prince, State, Colony, District or People, transiently within the United States, and said hiring and retaining not being 07 i board any vessel of war, letter of marque, or privateer,-which at the time of the arrival within the United States, of such vessel of war, letter of marque, or privateer, was fitted and equipped as such, and the said William Budd, so hired and retained, not being a subject or citizen of the same foreign Prince, State, Colony, District and People, transiently ivithin the United Slates, enlisting and entering himself to serve such foreign Prince, State, Colony, Dis¬ trict or People, on board such vessel of war, letter of marque, or privateer, the United States being at peace with such foreign Prince, State, Colony, District and People, contrary to the form of the Act of Congress in such case made and provided, and against the peace and dignity of the United States of Ameriea. SIXTH COUNT.—The Grand Inquest of the United States of America, inquiring for the Eastern District of Pennsylvania, upon their oaths and affirmations, do present that Henry Hertz, late of said District, yeoman, and Emanuel C. Perkins, late of the District aforesaid, yeoman, heretofore to wit: on the twentieth day February, in the year of our Lord one thousand eight hundred and fifty-five, at the District afore¬ said, and within the territory and jurisdiction of the United States, and within the jurisdiction of this Honorable Court, with force and arms, did hire and retain William Budd, to go beyond the limits and jurisdiction of the United States, with intent of him the said William Budd, to be enlisted and entered as a soldier in the service of a foreign Prince, State, Colony, District and People, to wit: in the service of Her Most Gracious Majesty, the Queen of Great Britain and Ireland. The said Henry Hertz and Emanuel C. Perkins, at the time they so hired and retained the said William Budd, to go beyond the limits and jurisdiction of the United States, with the intent as aforesaid, not being a subject or citizen of the said Queen of Great Britain, transiently within the United States, and said hiring and retaining not being on board any vessel of war, letter of marque, or privateer, which at the time of its arrival within the United States, was fitted and equipped as such, and the said AVilliam Budd so hired and retained, not being a subject or citizen of Her Most Gracious Majesty, the Queen of Great Britain and Ireland, transiently within the United States, enlisting and entering himself to serve the said Queen of Great Britain, on board such vessel of war, letter of marque, or privateer, the United States being at peace with the said Her Most Gracious Majesty, the Queen of^ Great Britain and Ireland, contrary to the form of the Act of Congress in such case made and provided, and against the peace and dignity of the United States of America. JAMES C. VAN DYKE, Attorney ferr the United States for ike Eastern District of Pennsylvania.. 6 J. C. Van Dyke, Esq., Attorney for the United States opened the case on the part of the prosecution, in substance, as follows: May it please the ourt—''entlemen o the Jury: It is a fact which will be ju¬ dicially noticed by this Court and Jury, that during the year 1855, as for some time previous, the Crimea has been the site of a sanguinary and melancholy conflict be¬ tween some of the most powerful nations of the globe. That conflict has been conducted principally by the British, French and Turks on one side, and by Russia on the other, and has become part of the political and legal history of nations. It is not important for us to inquire into the cause of this conflict, nor is it neces¬ sary for us to trace the various military or political manoeuvres by which it has been conducted, much less to endeavor to ascertain or speculate as to the probable result of an attack on the part of tie Allies, producing those misfortunes to the British government which they have endeavored to retrieve by a violation of law in this country. We do not deem it in any degree important to the American people that the com¬ bined forces of Southern Europe should be successful against a single nation of the North, in maintaining her asserted rights. In this free and republican country, the home ordained by Providence for the oppressed of all nations, we have very little to do with the struggles for supremacy and power by the dififerent crowned heads of the Old World. The various schemes which have been adopted for the support of a balance of power by the potentates of Europe, never has, and I am of opinion never will advance those republican institutions which it is our pleasure and duty to foster. On the contrary, those combinations which have been formed in support of such bal¬ ance, has at all times been made the instrument of retarding in Europe the progres¬ sive Democratic spirit of the age, and of binding the masses more firmly beneath the yoke of an overgrown and decaying aristocracy; and although the popular pulse in this country is manifestly against all war which originates in the desire to perpetuate or extend any other than a republican form of governtnent, yet a proper regard for our national integrity forbids us to tolerate on the part of those residing amongst us, any intermeddling in the disputes of other nations, where those disputes do not interfere with, or concern the legitimate objects, and manifest destiny of our own wide-spreading institutions. Except in such cases our policy is peace, and we should endeavor to keep ourselves free from all political connections which might in any way involve us in the conflict amongst European powers—not so much for the reason, that we are not ever ready to defend our rights by an effectual resort to arms, but be¬ cause our implied and treaty obligations require us firmly and faithfully to maintain an impartial neutrality. By prudence and an entire good faith in observing the position of an independent neutral nation, we increase our own happiness and prosperity at home, and secure to ourselves the right to demand a proper respect abroad. A neutral nation cannot, with propriety, interfere with any matter of dispute be¬ tween foreign belligerant parties, nor can it furnish aid to either, without justly incurring the danger of the displeasure of the other. The propriety of a nation not directly involved in an existing war, in maintaining this position of strict impartiality is manifest. It is protection and perservation both to our citizens and our property. This has been the doctrine of all neutral powers; and although for centuries dis¬ regarded by European governments, in violation not only of the well settled laws of 7 nations, but also of bighly penal statutes, it has ever been regarded by American Statesmen as a cardinal element in American diplomacy. The benefits of a strict observance of neutrality are too great and too many to be enumerated in the trial of the issue ■which I am about to present to you. Suffice it to remark, that so great are those benefits, that from the beginning of our govern¬ ment we have considered it the duty of every resident in this country, whether Min¬ ister Plenipotentiary, Consul, or private citizen, to enquire the character and extent of our laws upon this subject, and carefully to observe them. No one residing here has a right to violate the national sovereignty of the United States, by setting those laws at defiance, by the perpetration of acts derogatory to our character as an independent impartial neutral nation; and any neglect of this duty renders him amenable to the laws of the land. As an example of the early feel¬ ing of our government upon this subject, Mr. V. read the Proclamation of President Washington, in 1793, in relation to “ the war then existing between Austria, Prussia, Sardinia, Great Britain, and the Netherlands, on the one part, and France on the other, stating that the duty and interest of the United States require that they should, with sincerity and good faith, adopt and pursue a conduct friendly and impartial toward the belligerant powers. “I have therefore thought fit, by these presents, to declare the disposition of the United States to observe the conduct aforesaid, toward those powers respectively and to exhort and to warn the citizens of the United States carefully to avoid all acts and proceedings whatsoever, which may tend in any manner to contravene such disposition. And I do hereby, also, make known that whosoever of the citizens of the United States shall render himself liable to punishment, or forfeiture by the laws of nations, by combatting, aiding, or abetting hostilities against any of the said powers, or by carrying to any of them'those articles which are deemed contrabrand by the modern usage of nations, will not receive the protection of the United States against such punishment or forfeiture; and further, that I have given instructions to those officers to whom it belongs, to cause prosecutions to be instituted against all such persons who shall, within the cognizance of the Courts of the United States, violate the laws of nations, with respect to the powers at war, or any of them.” The justice of the principles contained and proclaimed in this message, no doubt produced, in 1794, the passage of the first law for the protection of our neutrality. That act is the same in its principle features as the English statute 9 Geo. 2 ch. 30, sec. 2 and 29, ch. 17 sec. 2. Mr. Van l)yke then referred to the various acts of Congress which had at different times been enacted for the purpose of imposing punishment upon those who should violate the national sovereignty of the United States, by interfering with the rights ' of belligerants. The Act of June 5, 1794, ch. -50, punishes any citizens of the United States for ac cepting and exercising a commission to serve in any war, on land or at sea, in the ser'vice of any foreign prince or State, and prohibits any person within the territory or jurisdiction of the United States, enlisting or entering himself or hiring or retain¬ ing another person to enlist or enter himself, or to go beyond the limits or j urisdiction of the United States, with the intent to be enlisted or entered in the service of any foreign prince or state as a soldier, or as a mariner, or seaman, on board any vessel of war, letter of marque, or privateer, and forbids the fitting out or attempting the fitting out of ships of war within any of the waters of the United States, or procuring the same to be done. This act also forbids any person within the territory of the United States, increasing 8 or augmenting, or procuring the increase or augmentation, or knowingly being con¬ cerned therein, of the force of any ship-of-war, cruiser or other armed vessel of any foreign prince or State, or belonging to the subject of anyforeign prince or State, the same being at war with any other foreign prince or State with whom the United States are at peace. Sec. 5. Prohibits all persons within the territory or jurisdiction of the United States to begin or set on foot, or provide or prepare the means for any military expedition or enter¬ prise, to be carried on from thence against the territory or dominions of any foreign prince or State with whom the United States are at peace. Sec. 6. Makes the oflFence indictable in the District Court of the United States. Sec. 7. Authorizes the President of the United States to employ the armed forces of the United States to prevent the commission of the olFences declared against by the neutrality laws of the United States. Sec. 8. Authorizes the President to use the armed forces of the United States to com¬ pel the departure of any armed ship of any foreign prince, in all cases, in which by the laws of nations or the treaties of the United States, they ought not to remain in the United States. This Act was to continue in force for 2 years, or until the next Congress thereafter. In 1797 the act was further extended for the period of 2 years. On the 24th April, 1800, Congress, by an enactment, made the act of ViDii perpetual. The next enactment was March 3, 1817, ch. 58 by which new punishment and pen¬ alties were imposed for a violation of the provisions of the act of 1794. Mr. Y. said he referred only to the substance of these Acts of Congress, without delaying the court to read from the books, because having been repealed by the law under which the present bills of indictment are framed, they are important for two reasons only. 1. They show in a most conclusive manner the policy of our Government in main¬ taining a strict neutrality on the international affairs of European powers. “Peace with all Nations, entangling alliances with none”—has ever been the motto, not only of the Government but of the people of this country. By adopting and strictly observing this just and fair policy, the United States has in times of intense political excitement, and bloody and disastrous warfare in other countries, cultivated peace with all nations, and secured at all times national repose and commercial prosperity at home, and respect abroad. By fulfilling with a strict impartiality our neutral responsibilities towards belligerant powers, we have in times past avoided the disasters which have befallen other free Governments, and by con] tinning so to do in the future, we will continue able to present to mankind an example of republican integrity worthy of imitation by the civilized world. ' 2. They are important —Because from their peculiar similarity with the act of 1818, under which these defendants, now on trial, are indicted, we are enabled more fully to comprehend the meaning of the several judicial constructions which have been given to them, especially in cases of peize, and to ascertain the bearing of such con¬ struction upon the act of 1818. In 1818, the Congress of the United States, felt the importance of remodeling the law upon the subject of American interference in disputes between foreign nations, and in an act passed on 20tli April, which repeals all former laws upon the subject, adopted a most wholesome law, which though varying somewhat from former enact¬ ments is the same in all essential points. Mr. Van Dyke referred to this act at length. 9 % The defendants are indicted under the proyisions of the second section of this act. The Grand Jury have found several hills of indictment against them for the various violations of this law, which seemed to them susceptible of the most easy proof. It will be observed that the crime mentioned in this section consists in the doing of various acts. You will be instructed by the Court that you must be satisfied of cer¬ tain propositions which it will be my duty to submit to your consideration. First. It will be necessary for the Government to satisfy you that the act complained of was committed within the territory of the United States. Second. That the defendants, or either of them, enlisted or entered himself respec¬ tively, in the service of a foreign prince, state, colony, district or people, as a soldier, or as a mariner or seaman on board any vessel of war, letter of marque, or privateer. Third. That the defendants, or either of them, hired or retained another person to enlist or enter himself in such service. Fourth. That the defendants, or either of them, hired or retained another person to go beyond the limits or jurisdiction of the United States, with the intent to be en¬ listed or entered in such services. Upon the first point, I remark, that if from the evidence you are satisfied that the acts complained of were not committed within the limits of the United States, and also within the limits of the jurisdiction of this Court, which -is bounded by those counties, forming the Eastern District of Pennsylvania, it will be your duty to acquit both the defendants on all the bills now laid before you. Upon this point, however, gentlemen, I think you will have no trouble. The evi¬ dence will be conclusive that whatever was done by the defendants was done within the Eastern District of Pennsylvania. Upon the second point, you are relieved from any inquiry, there being no charge in the indictments that the defendants, or either of them, enlisted himself in any foreign services. Having found, however, the first point in favor of the Government, your investiga¬ tions will be directed to the third and fourth points of inquiry, viz : Did the defend¬ ants, or either of them, at the various times specified in the various bills under con¬ sideration, hire or retain any or all of the persons mentioned to be enlisted or entered in a foreign service, or did they hire or retain any or all of the persons mentioned in these bills to go beyond the limits of the United States, with the intent to be enlisted or entered in such foreign service. If either, or both, then you will find them, or either of them, guilty on such counts in the indictments as are applicable to the facts upon which you base your conclusions. The Court, I am of opinion, will inform you that the intent mentioned in the act re¬ fers to the intention of the party enlisted, hired or retained. Not that such an intent must be an absolute determination to enlist when arriving beyond the limits of the United States—but the crime charged against the defendants being the hiring of some other person, which other persons must have the intent, it is sufficient ground for conviction, if, from all the testimony, you are satisfied that the defendants at the time they so hired or retained any other person, believed it to be the bona fide inten¬ tion of the person so hired or retained, to enlist or enter such foreign service when he should arrive beyond the limits of United States. Upon this point, however, gen¬ tlemen, you will have no difficulty upon many of the bills, as I shall be able to prove to our entire satisfaction first, that the defendant Hertz thought the recruit had 4 10 such intention; and secondly, that the recruit, did, in fact, agree to depart from our jurisdiction with intent to enlist. Having thus briefly reviewed the political policy of our Government, and the law applicable to the present prosecution, permit me to call your attention to the facts as I shall be able to present them to your serious consideration. So far as applicable to the prosecution, they are easily understood. I have said that the war in the Crimea was conducted by the British, French, and other nations, as allies, against the single power of Russia. I have said that the con¬ sequences of that war had been disastrous to the besieging parties, and that the signs of the times indicated a still more humiliating fate. The English army having met the most serious lossss, the Government of Great Britain, in direct violation of her duty towards us, and with a design of misleading those residents of the United States who did not fully comprehend the nature of our laws, devised a plan for the purpose of partially regaining the position and standing which, in the absence of the proper exercise of the advanced military experience of the age, they had lost. A plan for this purpose was adopted and attempted to be carried out, by His Ex¬ cellency John J. Crampton, the Minister Plenipotentiary of Her Majesty, assisted by several agents of the British Government, within the territory and jurisdiction of the United States; and, I think, you will be satisfied that Mr. Crampton thus acted, with the knowledge and approbation of his Government. This high functionary of that Government made contracts and agreements with certain persons, known in this country as able and efficient officers in the various conflicts which have recently taken place on the continent of Europe. The parties thus contracted with were to com¬ mence a system of recruiting men within our territorial limits. There will be examined before you two or three individuals who were engaged in carrying out this plan, and who, on various occasions, had interviews with Mr. Cramp¬ ton, and with him adjusted and perfected the programme for this enlistment. Mr. Howe, Sir Gaspard Le Marchant, Governor of Nova Scotia, Mr. Wilkins, his Secre¬ tary, Mr. Barclay, the British Consul at New York, and other British representatives in power, also assisted in and directed this flagrant violation of our law. In the perfecting of this general design, Mr. Howe came to Philadelphia and en¬ deavored to make an arrangement with Colonel Rumberg, well known here for many years as one of the publishers of the German Democrat —and now known as one of the editors of the German Adopted American, published in Philadelphia and Pottsville. Mr. Howe brought to this gentleman a proclamation, which will be submitted to you, calling for enlistments within the United States to serve in the Foreign Legion, then forming at Halifax. ‘Colonel Rumberg was at first pleased with the proposition, and felt disposed to lend his aid in its furtherance, but afterwards, upon being informed that such enlistments were a violation of the laws of the United States, and that he might get into difficulties, he abandoned it. He, however, translated the proclamation for Mr. Howe, and having met Mr. Hertz and Mr. Howe together at Jones’ Hotel, he published the proclamation in his paper for Mr. Hertz. Arrangements were made by IMr. Howe and Mr. Crampton with the defendant Hertz, who, for them, undertook the enlistment of men at his office, which he opened for that purpose, at 68 South Third street. Mr. Hertz published and paid for the proclamation for these recruits in various newspapers. That proclamation was signed by Lewis M. Wilkins, Secretary of the Provincial Government of Nova Scotia, and calls upon persons to enlist in the Foreign Legion. 11 While this matter was going on, Captain Strobel was either sent for by Mr. Crampton, or came himself to him ; I do not recollect which—and entered into negotiations with him for carrying on this business. Mr. Crampton told Strobel that he had written to his Home Government for the purpose of learning what arrangements should beTnade in this country for enlisting soldiers, and had not yet received a reply; but as soon as he received it he would let him know. A short time afterwards, he wrote him a note, informing him that he had received the reply, and was prepared to enter into the proper arrangements for carrying on the enlistment. They met together, and Mr. Strobel prepared for him a plan which he had devised for the purpose of recruiting men in the United States, and taking them beyond our borders to serve in the “Le¬ gion.” The plan, with some alterations, was adopted by Mr. Crampton, and Mr. Strobel was sent through the large cities of the United States to establish various recruiting offices. I give the most prominent facts, merely running over them as briefly as possible. After having first gone to New York, he came to Philadelphia and met Mr. Hertz, who was then engaged enlisting men in this city, and who had a number already enlisted. Mr. Hertz had, up to the 24th of March, one hundred men, which Mr. Strobel was to take to Halifax; and on the 25th of March they sailed in the steamer Delaware bound for that place. These men were enlisted at Hertz’s office, No. 68 South Third street, whither the advertisements had called them. Mr. Strobel saw them there enlisted, and to a certain extent assisted in enlisting them; and on Sunday, the 25th of March, he sailed in the steamer Delaware with about seventy- five men, the rest having deserted between the time of hiring, or engagement, and the time of sailing. These men were taken to Halifax by Captain Strobel, and there examined and attested; were placed in the barracks, and a short time afterwards sailed for Portsmouth, England. On the following Wednesday, Mr. Hertz had made an arrangement to send another company of recruits from the United States, in charge of a person named William Budd, a very intelligent and good officer, whom he had also engaged to go beyond the limits of the United States, with the intent of entering into the British service. The officers of the United States having learned that this recruiting was going on, devised, in pursuance of directions from the Administration at Washington, the means for stopping it; and after Mr. Budd, with his company, had embarked from Pine street, on board the steamer Sanford, being furnished by Mr. Hertz with free tickets for a passage to New York, where they were to get others from Mr. Howe, to take them the rest of the journey, and had progressed as far as the Navy Yard, the U. S. Marshal, having a warrant, went on board and arrested the whole company and brought them to Philadelphia, where the parties who had assisted them, together with the papers in their office, were taken in charge. That Mr. Hertz was engaged in willfuUy violating the law is proved by several cir¬ cumstances connected with the case. He had the proclamation, in the shape of a handbill, printed and posted in the streets of Philadelphia, and paid for publishing the proclamation in the Ledger and Pennsylvanian. He took an advertisement to the German Democrat, which called for recruits for the Foreign Legion, and had an office opened, and individuals there to assist him in taking down the names of those who applied, and examining them to see if they would be received. He there told them that they would get thirty dollars bounty and eight dollars a month, and also stated that various persons would receive commissions. He also gave them tickets for their passage to New York, some of which tickets were taken from those arrested, and will be produced. During the whole of his enlistment, the defendant, Hertz, was actively engaged in procuring men for that purpose. 12 Arrests having been made in all parts of the United States of persons engaged in this business, the representatives of Her Majesty in this country became somewhat alarmed as to the results. Mr. Crampton then made arrangements with Mr. Strobel and one Dr. Ruess, who met him at Halifax, and devised plans as to the manner in which the recruiting was thereafter to be conducted in the United States, and on the 15th May, or thereabouts, the whole programme of proceedings was changed by his Excellency, the British IMinister and Sir Gaspard Le Marchant, Governor of Nova Scotia. They then devised a new plan of violating the national sovereignty of the United States, and of evading our laws enforcing neutrality—not a very praiseworthy occupation within the borders of a friendly government, for the dignified representative of the self-styled mistress of the seas; but it was an occupation which, if permitted by our people, might have destroyed the most amicable and friendly relations which exists, and which I trust may ever continue between the United States and the Russian government. Mr. Crampton, and his associate representatives of Great Britain on this continent, gave directions to Captain Strobel to repair immediately to all the recruiting ofiices in the United States, and order the persons engaged in those offices to adopt the system which they had prepared for the guidance of the recruiting agents ; giving to these agents at the same time, a caution, that should they be unsuccessful in evading the laws, and eluding the authorities of the United States, they could hope for no protection from the British government—that is, the British government was willing to accept the advan¬ tage of the successful criminal conduct of all their minister and his recruiting agents, but refuse to defend or assist those agents if they should be so unfortunate as to be detec¬ ted. Honorable and generous Great Britain! and oh ! most faithful British Ministers!! The ruse then adopted was to send men to Canada and Halifax, under the pretence of engaging them on the I’ailroad, and when there, to enlist them in the army. For the purpose of carrying out this object, regular written instructions were given by Mr. Crampton to Mr. Strobel, who, with Dr. puess and other officers, started in com¬ pany with Mr. Crampton to the United States. Some of these officers afterwards left the service of Her Majesty, and as was their duty, have since expressed their willing¬ ness to disclose all their knowledge in support of the prosecutions which have been commenced. The active connection and co-operation of nearly all the Representatives of Her Majesty in this general design, will be made clear to you by unimpeached testimony. I think I can say with confidence that His Excellency John F. Crampton, Minister Extraordinai’y, &c.; His Excellency Sir Gaspard Le Marchant, Governor of Nova Scotia ; His Excellency Sir Edmund Head, Governor of Canada; Sir Joshua Howe; Lewis M. Wilkins, Provincial Secretary of Nova Scotia, and at least one British Consul directed this course of conduct. All these gentlemen, it will be in evidence to you, have, with Mr. Hertz, the defendant, taken an active part in directing the commission of the crime charged; and whether or not by a bold attempt to disguise their real object, is a matter of very little importance. Th*e oral testimony of the witnesses will in some most material and important facts, be corroborated by written documents. I shall be able to produce to you some five or six original letters and notes of Mr. Crampton, and also the original instruc¬ tions to the agents, as to the mode in which the enlistments were to be conducted in the United States. You will also have in evidence the original proclamation or ad¬ vertisement in the hand writing of Sir Joseph Howe, inviting persons to enlist in the Foreign Legion, as well as several other letters and papers of considerable importance on the points in issue. 13 I take it, gentlemen, briefly to conclnde what I have to say to you at this stage of the proceedings, that if I show that either or both of these defendants, in conformity with this general design of the British Government, were engaged in thus enlisting or hiring or retaining any person to be enlisted—I have made out a clear case. I am free to admit, that the evidence against one of the defendants is not of the most con¬ clusive character, he not being known as being positively engaged in enlisting, hiring or retaining any particular person, although he was in talking and giving directions on the subject. The Court will instruct you how far a person must go in order to commit this crime, and whether the fact of Perkins sending a man to Hertz, for Hertz to enlist him, constituted a crime on the part of Perkins. I shall prove to you distinctly, by unimpeachable evidence, that all the persons mentioned in all of these bills have been enlisted by the defendant Hertz, in the first place in the service of Her Most Gracious Majesty, the Queen of Great Britain, and if not enlisted within the jurisdiction of the United States, that he has hired and retained each and every one of these individuals and many more, to go beyond that jurisdiction; to wit, to Halifax, in Nova Scotia, for the purpose of being there en¬ listed in a foreign legion destined for the Crimea, to engage in the battles of the Allies. If I prove these facts, I can safely ask at your hands a verdict against him for one of the most flagrant violations of the national sovereignty of this country which has ever been known to have been perpetrated within its borders. First, a vio¬ lation of our law; second, a violation of the confidence reposed in a high representa¬ tive functionary, and thirdly, a violation of the sympathies, and a national insult to the sentiments and the feelings of our people. MAX F. 0. STROBEL, sworn. After the witness was sworn, Mr. Remak desired the District Attorney to state dis¬ tinctly what he intended to prove by him ? Mr. Van Dyke said he had one objection to doing so, but he thought it would occupy too much time. Judge Kane said that he preferred that the witness should be examined in the first instance, without being distinctly apprised of all the facts about which he was to testify. Examination by Mr. Van Dyke—Q. Of what country are you? A. I am from Bavaria. Q. Have you been in military service ? A. Yes, sir, in the Bavarian service, in the artillery. Q. Have you ever been in war? * A. Yes, sir, I have joined the Revolutionists in Bavaria. Q. In 1848? A. During the Revolution in the year 1849. Q. How did you happen to leave the service ? A. Well, we were defeated and obliged to leave Baden and go into Switzerland, then I stopped there and traveled through France and England until 1851. On the 13th of May, 1851, I embarked at Havre and came to this country, and arrived here in June, 1851. On the 23d of June, 1851, I came to this counUy; I was in New York several weeks, and then went to Washington, and there got employment in the Coast Survey Office. I was there until 1853, when I went out with the expedition to Oregon, under Governor Stevens. I went up with him to Minesota ; I left his party out on the plains on Red River, and came back to Minesota on the 7th of September, 14 1853, and came down to St. Louis, and started with Col. Fremont on his winter ex¬ pedition to San Francisco about this Great Pacific Railroad; I have been Assistant Typographical Engineer of Col. Fremont; I left San Francisco on the first of May, 1854; I crossed the Isthmus and came back with our Indians, and brought them up to Kansas again. From there I went back to Washington city, where I finished the maps for the works of Col. Fremont, which I suppose are now before Congress. Q. When did you finish the maps ? A. I finished them in the end of August, 1854. I then received a letter of recom¬ mendation from Mr. Benton to the different directors of railroads to secure me a position as engineer. I went with this recommendation or letter of introduction to Missouri. I took sick there and was obliged to leave the valley of the Mississippi and come back to Washington city. When I came back to Washington I was engaged in the Pacific railroad office, at that time established in Washington, and was at work there until the first of February. In the end of January, I saw Mr. Crampton and received from Mr. Crampton the reply. Q. State the whole conversation which took place between you and Crampton. A. I received from Crampton the reply that he could not tell me at that moment what could be done. I said to Crampton that I believed in this very time, as it was in the winter time. Q. Last winter ? A. Yes, sir, that many people were out of work in New York and other places, and it would be very easy to raise men for this “foreign legion” that the English Parlia¬ ment had agreed to establish. Crampton told me that he believed so himself, but at that moment he had no orders from the home government to do anything in the matter, and that he would let me know as soon as he received any communication from home. A few days afterwards, I suppose on the 28th of February, I received a letter from Mr. Crampton. Q. Is this the letter? A. Yes, sir. ^ Q. And this the envelope in which it was enclosed? A. Yes, sir. The letter was here read in evidence as follows: “Washington, Feb. 4, 1855. Sir— With reference to our late conversation, I am now able to give you more precise information in regard to the subject to which it related. I remain, sir, your obedient servant, Mr. Max Strobel. , John F. Crampton.” After receiving this letter I went to see Mr. Crampton the next morning; Mr. Crampton told me that he had received letters from home, and that he was willing now to raise men here in the jurisdiction of the United States for a British Foreign Legion which should be established either in Nova Scotia or in Canada. Q. Did he use the words “ within the jurisdiction of the United States ?” A. Yes, within the jurisdiction of the United States. Q. He used those precise words, did he! A. Yes, sir; but he was not sure at that time whether the main depot should be at Halifax or in Canada, and he was obliged to make arrangements with the Governor General of Canada. At the very same time he gave me a letter of introduction to the British Consul in New York, Mr. Barclay, in which he states, that I am already ac- 15 quainted with, this matter, and that Mr. Barclay might receive me and talk with me about this subject, and that I should make preparations in New York, for getting men. ne told me at the very same time he would send a messenger to the Governor General of Canada. I went to New York and delivered my letter to Mr. Barclay. Q. What was this messenger sent for ? A. To arrange matters about a Depot or place where we could send these men whom we got here in the States. I waS waiting in New York for the return of this messenger for several weeks. The messenger returned and was sent again, and no understanding could be made between Sir Edmund Head and Mr. Crampton. Head is Governor General of Canada; because during that time the Governor of Nova Scotia had received orders from England to commence a new depot in Halifax, and to try and get men in the United States for this service. Q. The arrrangement was not made by the messenger sent to Canada to Sir Edmund Head, because he had received a letter from the Governor of Nova Scotia, stating that he had received orders from England to make Halifax the depot ? A. Yes, sir. The reason for sending all the men to Halifax, was the order that the Governor of Nova Scotia received from England. During that time I went back to Philadelphia. It was on the 10th or 11th of March, 1855, when I came back to Philadelphia. I learned from a friend of mine, a certain Dr. Biell, who is now regi¬ mental surgeon in this foreign legion, that Mr. Hertz had received letters—one from England, another one from Mr. Crampton, though I do not know positively, I am not certain where it was from, and that he had spoken to this Dr. Biell, and told him he was able to procure him a commission in this foreign legion. Q. In consequence of what Dr. Biell told you, state what you did ? A. I went to Hertz and had a conversation with Hertz about this matter. Q. Where was he ? A. He was in his office. No. 68 South Third street, opposite the Exchange. I saw then Mr. Hertz, and from that time (9 o’clock, A. M.) I was with Mr. Hertz till 3 P. M., where, in pursuance of the advertisements, men came and wrote their names down on a book, and agreed to enter the foreign legion at Halifax. Q. Have you ever seen a bill like this ? A. I have seen this handbill. Q. Where ? A. In Mr. Hertz’s office. The bill was here read in evidence. It reads as follows: “ MEN WANTED FOB, HEE MAJESTY’S SEBVICE. (Arms of Great Britain, with mottos.) Provincial Secretary’s Office, Halifax, Nova Scotia, March 15, 1855. The Lieutenant Governor of Nova Scotia having been employed to embody a Foreign Legion, and to raise British Kegiments for service in the Provinces or abroad, notice IS hereby given, that all able-bodied men, between the ages of 19 and 40, on applying at the depot at Halifax, will receive a bounty of £6 sterling, equal to $30, and on being enrolled will receive $8 per month, with the clothing, quarters, and other ad¬ vantages to which British soldiers are entitled. Preference will be given to men who have already seen service. The period of enlistment will b&from 3 to 5 years, at the option of the British Government. / 16 OfBcers ■who have served 'will be eligible for commissions. Gentlemen ■who wish to come into the Province will please lodge their names, rank, date of service, &c., at the office. Persons who serve in the Foreign Legion will, on the expiration of their term, be entitled to a free passage to America, or to the country of their birth. Pensions or gratuities, for distinguished ser^vices in the field, will be given. Nova Scotian and other shipmasters, who may bring into this.Provinee poor men, willing to serve Her Majesty, will be entitled to receive the cost of a passage for each man shipped from Philadelphia, New York, or Boston. By command, LEWIS M. WILKINS, Provincial Secretary.” Q. (Another bill here sho^wn the witness) — Have you ever seen this bill ? A. I have, in Detroit. The bill was here read in evidence. It read as follows: “NOTICE. A Foreign Legion is now being raised in Halifax, Nova Scotia. Persons wishing to join the Legion wiU receive a BOUNTY Of £6 Sterling, or 30 Dollars. From which a reduction cf $.5 for traveling expenses to Nova Scotia, will be made. Besides good rations and quarters, men will receive $8 a month as pay. The Period of Enlistment is Three or Five Tears, at the option of the applicant. For extraordinary service in the field, or wounds, Bouxties and Pexsioxs foe Life will be granted. Besides which, there is now a project in view, and which will undoubtedly be carried out, to give to each soldier, at the expiration of his term of service 6Q Acres, and to each non-commissioned officer 100 Acres of Land in Canada. All who are inclined to enter the service under the foregoing very favorable condi¬ tions, are hereby invited to apply at Niagara City, Butler Barracks, or at the Wisn- SOR Castle, Windsor, C. W.” Q. (Another bill shown witness.) Did you ever see this bill? A. Yes, sir; I had that printed in Detroit. Mr. Van Dyke. It is a German bill ? Mr. Remak. The paper was printed to the order of the witness. Judge Kane. The paper now presented is part of the general transaction which does not directly affect the person on trial. It is like the letter of Mr. Crampton which was read a short time ago, and is a portion of the general narrative. Q. by Mr. Van Dyke. Is that a true translation attached to the German handbill ? A. Yes, sir. The translation was here read in evidence. It read as follows: ■ “NOTICE. In Halifax, Nova Scotia, a Foreign Legion will be formed. Every one who will enter into this Legion, which is for the most part composed of Germans, and has German officers, is entitled to a bounty of G pounds sterling, or $30, from which however, $5 for traveling expenses to Nova Scotia, will be taken off. Moreover, every man will receive full and good maintenance, besides $8 a month pay. 17 The time of service is according to pleasure, 3 or 5 years. For extraordinary services in the field, or wounds, bounties and pensions for the whole lifetime will be given. It is also truly in prospect, that every soldier, on the running out of his time of service, will obtain 50 acres, and every non-commissioned officer 100 acres of land in Canada, as his own property. Every one who is disposed to fall in with these conditions, is hereby notified to repair to the Niagara Barrack, not far from Queenstown, Canada West, at the depot there established.” Q. You say you went to Mr. Hertz, and you saw the recruits sign the book there; look at that book and say if that is it? A. That is the book. Q. Where did you see that book ? A. At Mr. Hertz’s office. Q. Did you see any of the parties signing it? A. Yes, sir, (looking at the book,) there is the handwriting of some men. Q. Will you read me the names of the iqen you saw sign ? A. The names of the officers were cut out. Q. Do you recollect the name of Joseph Purnell? A. Yes, sir, I recollect the names of all the men in my company. Q. Go on and state what you did after the men enlisted. A. After we had more than 100 men, we gave them cards, and told them we would be ready to start on Sunday, the 25th of March, 1855, on the steamer Delaware, in the morning, for New York. Q. What did you tell, or Hertz tell these men. If you told them anything, what was the understanding ? A. The understanding was that those men who signed this book- Judge Kane—Was the understanding announced in the presence of Mr. Hertz ? Witness.—Yes, sir, in the presence of Mr. Hertz, the men were told that there was a foreign legion now established in Halifax, and that Mr. Hertz would send them to Halifax to the foreign legion to enlist in it—every man that is well, and able bodied and willing to enlist in this foreign legion, shall have a free passage and $30 bounty, and $8 a month pay, and the men who agreed to be attached to this foreign legion, signed this very book. Q. Who said that they should sign that book ? A. Mr. Hertz ; and they signed this book, with the understanding to go to Halifax and enlist in the foreign legion, and it was also told to those men that an officer should go in their company, and I was called Captain of those men before I started, and was introduced to them before we started as their Captain—I was to take that com¬ pany. I recolleet Palattre and Purnell very well. Mr. Van Dyke here asked the witness, whether he recollected the names of the various persons who composed his company, when he replied, that he remembered the following, besides some 60 more whose names he did not recollect. F. P. Carrier, Jacob Branning, Fredrick Fuss, Hugh Killen, Fred. Ferdinand Bostandig, Emanual Hrnhaut, Edward Rollnn, Carl Muhlenhausen, John Scheetfold, Petrus Pauls, John Koelomus, Jacob Blecher, Foley Worrell, Rudolph Chas. Ruth, Peter Ropert, Ed. Dobeller, Jacob Roth, Pierce Pelattre, Joseph Purnell, Gustav Prothe, Gunther Leopold Neisbaum, Wilhelm Heinrich, Karl Altenberg, Karl Bart¬ hold, Johann Baumiescer, F. Ulrich. Q. Were all these persons in your company ? A. Yes, sir. Q. How many more went with you ? 2 18 A. Well, I started from here Avith about 75 or 76 men, and two officers, Lieutenant Essen and Lieutenant Shuman, on this steamer Delaware to New York. Q. When did you leave here? A. On Sunday, the 25th of Jlarch, early in the morning, and arrived in New York on Monday morning about 5 o’clock. Q. Well, sir, when you got in New York what did you do ? A. I came to New York in the morning at 5 o’clock, and left my men on board the boat as I was not furnished with means enough, as I had received only some money from Hertz. I had received tickets and $25 to go on to New York, and I was there to receive more money. Q. Was that money given you for the purpose of taking this company on ? A. Certainly; and I was to receive further means in New York to take the men on to Halifax. Q. When you got to New York what did you do ? A. I went to see Mr. Barclay, the British Consul, at New York, and when I got there, Mr. Barclay sent me to Delmonico’s to see Mr. Howe. The Hon. Joseph Howe was at that time agent from the British Government in this recruiting business in the States. He was living at Delmonico’s. I saw Mr. Bucknell, not Howe. He told me I should be furnished with means as early as possible before 10 o’clock; I Lad to divide the men in different taverns, and keep them together there for three days. At last I was furnished with tickets and means to start with these men for Boston, where an English brig, the America, was waiting there to receive us and take us on board to take us to Halifax. Mr. Hertz in the presence of !Mr. Bucknell and Mr. Turnbull, told me this. Q. How did Mr. Hertz get to New York, if you left him in Philadelphia when you sailed ? A. I traveled with the boat, and Mr. Hertz took the railroad. Mr. Howe or Buck¬ nell was to be applied to, to let me have the necessary means to go on with the com¬ pany. I received this money in New York, through Mr. Hertz at the beginning of the day, and before I started, some from Mr. Bucknell. I left New York on the Stonington road, and came to Boston. I arrived there about five o’clock in the morning with alj the men, and found this brig, the America, ready to take us on board and bring us to Halifax. I embarked my men. Q. Did you get this money from Hertz or Howe ? A. No, sir, from Mr. Bucknell. Q. Did you see Howe in New York? A. I saw Howe in New York at the time, and received a letter from Mr. Howe to SirGaspard lb Marchant. I told him that I had so many men in town, and wanted some money, and that I wanted tickets and a letter to Sir Gaspard lb Marchant. Q. The tickets you got in Philadelphia only carried you to New York on the steamer Delaware, then? A. Yes, sir. Q And you went to Howe and told him you wanted tickets and a letter to the Gov¬ ernor and some money? A. He gave me a letter, and Mr. Hertz and BuckneU gave me the money. Q. Who was Bucknell ? A. He was a Civil Engineer. Q. Was he with Mr. Howe ? A. He was with Mr. Howe, but I do not know whether he was engaged by Howe only for the purposes of this business oj: not; I made the acquaintance of Bucknell only a few days before; I saw Mr. Hertz in New York at the time; Hertz told me I 19 was to go on as soon as possible ; I was anxious to get the men away from New York, and he promised to see Howe and get money; he kept me twenty-fonr hours in trying to get money; he gave me the money, subsequently getting it from Howe ; I embarked from pier B. in New York, and went on the Stonington road to Boston ; I got there at 5 o’clock, and went around with all my men to the Tea wharf in Boston and found there the vessel which I was promised I would find. Q. Who promised you ? A. Mr. Bucknell. When I came to this vessel it was in the morning, between 6 and 7. I embarked my men at once, I gave them breakfast, and started at half-past 8 o’clock for Halifax, and arrived there on the 30th of March. When I came to Hal¬ ifax, the vessel went into a private wharf, and I was put on shore to report myself to the Provincial Secretary and Sir Gaspard lb Marchant. Q. Who was Provincial Secretary ? A. Mr. Wilkins. Q. Is he the man who signs this proclamation ? A. Yes, sir. Q. Lewis M. Wilkins ? A. Yes, sir. Q. When you got to the wharf you went on shore to report yourself to Wilkins ? A. I did so. The vessel was ordered to the royal wharf, and during that time I met some regimental surgeons and some officers of the 76th Regiment, some of the artil¬ lery. Afterwards Sir Gaspard lb Marchant, Governor of Nova Scotia himself, came to the tea wharf. Judge Kane.—The “tea wharf?” Witness.—The “ Queen’s Wharf.” He ordered me to file the company in, and show them; I did so, and Sir Gaspard lb Marchant, with other officers, passed along by the m;en, and inspected the men; I introduced these two men, I had with me as Lieutenants—they were received by the officers, as officers; and I received an order from lb Marchant, to march the men up to the Hospital, to have them examined and afterwards to march them out to Melville Island to have them attested. I marched them up to the Hospital, and they were there examined and two or three men rejected and one kept back, as sick. AU the others I marched out to Melville Island. There they had the British barracks, and barracks erected for the foreign legion; there the men were attested. After the man is enlisted he has to be attested and sworn as a soldier. Judge Kane—What is attesting? Witness—There is a Judge comes to the quarters of the soldiers, and then the officer is there and the Judge swears the soldiers in; that is the act of attesting. Q. What is the form of the oath ? A. The form of the oath is that we swear to serve Her Majesty, the Queen of England for a time, 3 or 5 years, or so many years as the soldiers agree upon; in this case the agreement was for 3 or 5 years, faithfully, and so on. * Q. That is the form of the oath ? A. Yes, sir, that is the oath they administered to each of those men. Judge Kane—Is there any writing precedes it ? A. It is not in writing, it is a printed form; it is signed by the Judge, and after¬ wards by witnesses; I signed nearly all of them. Q. Is it signed by the recruit ? A. Yes, sir, it is signed by the recruit; after the men had been attested, I com¬ menced the drill, and bye-and-bye the men received clothing and arms ; I was at Melville Island, at the officers’ quarters, with the two other officers and Dr. Biell, 20 until the 10th of !May; I Tvas entered on the army list, as was the other officers, and we received our pay and were treated as officers; on the 9th or 11th of May, 5Ir. Cranipton himself came up to Halifax, in order to make better arrangements about this recruiting business, as many men had been arrested in the States and kept back; on the 13th of May I received a letter from Lieutenant Preston of the 76th. Q. (Letter shown witness.) Do you recollect this paper ? A. That is the letter of Mr. Preston, in Halifax, when he told me that Mr. Crampton wanted to see me. Q. Who is Mr. Preston? A. Mr. Preston is Lieutenant in the 7Gth Regiment—the officer who has charge of the barracks in Niagara. The note was read as follows: “ Dear Strobel —I am directed by the General to acquaint you, that Mr. Crampton wants to see you at his house, at 10 o’clock, to-morrow morn¬ ing—be punctual. If you like, come up to my house at half past 9 o’clock, and we will go together. • Yours Truly, J. W. Preston, 76th Pieg’t. Tuesday, 13th May, Halifax.” Q. Where was he at the time ? A. At the time he was at the Fort in Halifax with his regiment; the letter stated that Mr. Crampton wished to see me at his quarters at 10 o’clock on Sunday; I went to see Crampton, and there I found Sir Gaspard Ih Marchant, I went there with Preston, and I was ordered by Mr. Crampton to make a plan out for him in writing to go to the United States—that is, to those cities of the United States which lie on the boundary line, such as Buffalo, Rochester, Cleveland, Toledo, Detroit, Oswego and others; I wrote a plan for him ; I said that I would want so many officers, and for every officer a non-commissioned officer. Judge Kane—Does the plan affect the parties on trial ? Mr. Van Dyke—I think so; it was after arrests had taken place in some of the W'estern cities, that the British Minister determined to change the plan of enlistment in the States, and this witness says that in pursuance of that determination he received a letter from Lieutenant Preston to call at the quarters of Mr. Crampton ; he called there, and Mr. Crampton told him that there had been some difficulty about the re¬ cruits, and wished him, Strobel, to prepare another plan, which, if adopted, would avoid that difficulty; he prepared this plan and submitted it to Mr. Crampton, and if I understand it, the witness will say that the plan was adopted by him with some little variation, and the recruiting was carried on in the United States in accordance with this remodelled plan. Judge Kane—By either of these defendants in accordance with this plan? Mr. Yan Dyke—If I may be permitted to anticipate the defence, which must be done more or less in every case, it will be, I suppose, the same as made before the Commis¬ sioner in relation to Budd’s company, that the men enlisted in Philadelphia, in that company, as the defendants allege, were nothing more or less than a set of men en¬ gaged to work on the railroad in Nova Scotia ; we intend to show by this that Hertz, in so representing, was but carrying out the remodeled plan adopted, more effectually, by Mr. Crampton, at Halifax. I shall show also by other witaesses that at a period subsequent to that of Tyhich the ivitness now speaks, and after the defendants were arrested, the defendant H^rtz, engaged one Baron Van Schwatzenhorn and one Baron Schuminsky to carry on the enlisting business in Philadelphia, and that another com¬ pany was enlisted by such agents of Hertz in a manner proposed by the remodeled plan. Mr. Remak in reply, stated that the witness had sworn that Hertz requested him to do certain things, and whatever resulted from that alleged fact was admissible.— Mr. Strobel had given evidence in regard to drawing a plan, but he had not sworn that Hertz commissioned him to devise or draw that plan. He might have been re¬ quested by Mr. Crampton to draw the plan, but the counsel for the defence could not see how that could affect, for the present, his client. He could not be responsible for the acts of Strobel, after Strobel had done what he requested of him, and if he went beyond what was requested, he did it on his own responsibility. Judge Kane—The evidence taken in connection with the offer of the District Attor¬ ney is admissable entirely as it stands, in the same category with evidence originally given by him of concert of the officer with the British Government. H it is not brought home to either of the parties on trial by subsequent evidence, of course it will not effect them. Mr. Van Dyke. I do not wish my offer to be misapprehended by the counsel for the defence, in any particular. I state distinctly to the Court that I have evidence to show that there was a regular game played by Her Maj esty’s Envoy, to evade the law; that these men were seemingly engaged to work on a railroad, but in reality enlisted to serve in the Foreign Legion, and that they were told by Hertz if any person ques¬ tioned them, to reply that they had been engaged to work on a railroad in Nova Scotia. I have, for the prosecution, to establish certain important facts, one is : that the sending of these men to Nova Scotia was for the purpose of their being enlisted in the Foreign Legion, and their sending them there as workmen on a railroad was a specious disguise, under which they hoped to evade the law of this country. If I show that this was their intention, it is certainly evidence, and the crime is proved notwithstanding their attempt at evasion, Judge Kane.—The evidence is admissible. Q. Did you prepare that plan ? A. I prepared it. Q. (Showing a paper) Is that it? A. Yes, sir, it is my own hand-writting, it is the plan. Q. Was this submitted to Mr. Crampton? A. Not this one. This was the copy I first made. I afterwards made a clear copy of it which was submitted. Q. This then is the original copy, of which a clear copy was made and submitted to Mr. Crampton? A. Yes, sir. The paper was here read in evidence as follows:— “I have the honor to inform his Excellency, the Envoy Extraordinary of Great Britain, in the United States, and his Excellency, Sir Gaspard lb Marchant, the Governor of Nova Scotia, of the plan I have adopted to raise the greatest possible number of men in several different cities of the United States, on the boundaries of Canada. I wish to station in Buffalo, Lieutenant Shumann with Corporal Roth. In Detroit, Dr. Reuss with Corporal Kamper. In Cleveland, Dr. Aschenfeldt with Sergeant Krieger. 22 Opposite to Detroit, Sergeant Barchet sliall receive the individuals sent by Dr. Reuss, and his duty Tvill be to send them as fast as they arrive by railroad to Queens¬ town, where a depot must be established and a Magistrate ^appointed to enlist and attest the men, and it will be the business of the commanding officer of this depot, when a sufficient number is together, to send them by steamboat wherever his Excel¬ lency may decide. Those officers stationed at the above mentioned cities will strictly follow the instructions given to them, through me, from his Excellency, in regard to the manner and way to be used in encouraging and sending such individuals who are willing or desirous of leaving the United States to enlist in the British service. My intention, in giving to each commission,ed officer a non-commissioned officer, as assis¬ tant, is, to enable those gentlemen to find out said individuals and to avoid .ibe ne¬ cessity of employing, for this purpose, strangers who might easily deceive them. My opinion is, that every officer, with the assistance of his non-commissioned officer, will be able to transact all the business, without being compelled to hire regular agents or runners, that is if the gentlemen know the proper way of managing. I will myself visit each of the places mentioned, and will particularly confine myself to where my presence will be most required. I shall also probably visit Chicago, where doubtless a great number of men may be got. We can then agree on reasonable terms, for having them conveyed by railroad to Detroit, which expense, in my opinion, would not exceed $2 50 per head. I saw all the officers and non-commissined officers yesterday evening, and held a long conversation with them; the result of which is that we all perfectly understand each other, that they are all entirely satisfied, and that every one is willing to do his very best in regard to this matter. ' I have also made estimates of all the expenses of the officers connected with this matter for the period of one month, at their diffei-ent points of destination, including their traveling expenses, which I take the liberty of laying before your Excellencies. Say the traveling expenses of the officers from this place to their dif¬ ferent stations, £10 sterling each,. $400 00 To Schumann, Aschenfeld, and Reuss, each $240 per month,. 720 00 [From this money each has to pay his non-commissioned officer, and to meet all other expenses that may be necessary in sending the men over on the Canadian side, pay of temporary agents, runners and tavern keepers, included.] Pay for Weiss, Barchet, and other no non-commissioned officer, $100 each. 300 00 My traveling expenses from town to town, hotel expenses, pay of my non-commissioned officer, and his traveling expenses,. 300 00 $1720 00 Thus making a total amount of $1720, equal to £314 sterling. This, or at most £3G0, would, in my opinion, be the amount requisite to enable ten officers to carry on operations for one month; and, with reasonable good fortune, to deliver on the C.anadian shore a large number of serviceable, able-bodied men. I have the honor to remain your Excellencies’ Most obedient humble servant.” Q. Was that plan adopted? 23 A. That is the plan which was approved and adopted by Mr. Crampton and Sir Gaspard Ih Marchant, and I received orders to bring next morning, at 11 o’clock, the officers mentioned there, four non-commissioned officers of my company, all attested men and the soldiers to the Provincial building, and meet there Sir Gaspard lb Mar- chant and Mr. Crampton. I went there with those men; I met there Mr. Crampton, Sir Gaspard lb Marchant and Lieut. Preston; I was ordered to leave Halifax imme¬ diately and repair to the States, and I left Halifax in company with Mr. Crampton and Preston of the 76th, with officers and non-commissioned officers; when I saw Mr. Crampton there I was in uniform and my non-commissioned officers were in uniform; when we left they received civil clothes from the government there, for this purpose and went on with me ; when we came to Portland, Mr. Crampton gave me orders to go with him to Quebec to see Mr. Head, the Governor General of Canada, to have a perfect understanding about the depot and the means of sending men through Canada to Nova Scotia; I went with him ; I saw Sir Edmund Head in the presence of Mr. Crampton ; I received letters from Sir Edmund Head to get barracks at Niagara ; these barracks were to receive the men who were sent out of the States to enlist in the foreign legion; I received also at Sir Edmund’s house— Judge Kane. I am anxious not to go beyond the limit of courtesy to a foreign government. I do not wish to penetrate what was dene there unless it appears con¬ nected with the persons now on trial. The District Attorney must guide the witnes^ after this suggestion, so as to avoid the appearance of too close an inquiry into matters not clearly before this Court as matters of judicial investigation. Mr. Van Dyke. I understand the suggestion of the Court and will try to keep the witness within the proper bounds. My whole object is to get the general plan of operations and then to show that the object of the general plan was to procure men from the States to join this foreign legion, and that the defendant co-operated in that general plan. Q. (Paper shown.) Will you look at that paper, and state what it is? A. It is the instructions I received at Quebec, in Sir Edmund Head’s house, out of Mr. Crampton’s own hands. The original was written in Mr. Crampton’s own hand¬ writing, and was written, at least part of it, in my presence in his room. This is a copy made from the original; I made it for the purpose of preserving a copy. The original I gave back in a report I made to Sir Gaspard lb Marchant, in Halifax. That report stated what I had done to clear me of two charges made against me up there. Q. That then is a copy made from the original instructions of Crampton, as to your duty in the United States ? A. That is a copy of the original instructions I received at this time from Mr. Crampton. The paper was being read as part of the evidence, when on motion, a recess was taken for ten minutes. On the Court re-assembling, the reading of the paper was concluded. It is as follows:— “ Memoranda for the guidance of those who are to make known to pei’- sons in the United Saates the terms and conditions upon which recruits will be received into the British army :— 1. The parties who may go to Buffalo, Detroit or Cleveland, for this pur¬ pose must clearly understand that they must carefully refrain from anything which would constitute a violation of the law of the United States. 24 2. They must, therefore, avoid any act which might bear the appearance of recruiting within the jurisdiction of the United States for a foreign ser¬ vice, or of hiring or retaining anybody to leave that jurisdiction with the intent to enlist in the service of a foreign power. [Both these acts are illegal by the act of Congress of 1818, sec. 2.] 4. There must be no collection, embodiment of men, or organization whatever attempted within that jurisdiction. 5. No promises or contracts, written or verbal, on the subject of enlist¬ ment must be entered into with any person within that jurisdiction. The information to be given will be simply that those desiring to enlist in the British army, facilities will be afforded for so doing on their crossing the line into British territory, and the terms offered by the British Government may be stated as a matter of information only, and not as implying any promise or engagement on the part of those supplying such information, so long at least as tliey remain within American jurisdiction. 7. It is essential to success that no assemblages of persons should take place at beer houses or other similar places of entertainment, for the pur¬ pose of devising measures for enlisting, and the parties should scrupulously avoid resorting to this or similar means of disseminating the desired infor¬ mation, inasmuch as the attention of the American authorities would not fail to be called to such proceedings, which would undoubtedly be regarded by them as an attempt to carry on recruiting for a foreign power within the limits of the United States; and it certainly must be borne in mind that the institution of legal proceedings against any of the parties in question, even if they Avere to elude the penalty, would be fatal to the success of the enlistment itself. 8. Should the strict observance of these points be neglected, and the parties thereby involve themselves in difficulty, they are hereby distinctly apprized that they must expect no sort of aid or assistance from the British Government —this government would be compelled by the clearest dictates of international duty to disavow their proceedings, and would moreover be absolved from all engagements contingent upon the success of the parties in obtaining by legal means soldiers for her Britanic Majesty’s Army.” Examination continued by Mr. Van Dyke. Q. The paper just read you copied from the original one in the hand-writing of Mr. Crampton? A. Yes, sir. Q. (.4^nother paper shown witness.) In whose hand-writing is paper? A. At that very time I also received this cypher to telegraph with to Mr. Crampton, and to Halifax, about this reeruiting business; I cannot swear as to whose hand¬ writing it is in, but I believe it is Mr. Crampton’s; I did not see him write it, but, he handed it to me. 25 The paper was here given in evidence,- Letter. Cypher. —the following is a copy : Letter. Cypher. “ a y n q b V 0 n c j P c d 1 q h e X r 0 f e s P g z t k h u u g i b V d j ■w w m k t X r 1 a y i m s z f ” Q. You ■were to telegraph him by this cypher, instead of the usual way? A. Yes, sir. Q. What was the object in giving you this cypher ? A. Such cyphers were given to several otficers—to Mr. Smolensk!, Mr. Cartensen, and men actually engaged in the recruiting business, received those cyphers. Q. Was it for the purpose of avoiding detection ? A. It was for the purpose of avoiding detection and avoiding any difficulties with the authorities here. It was to enable me to telegraph to Mr. Crampton, from every place I might visit, without the people in the telegraph offices understanding it. Q. Were all the officers sent on this recruiting, to telegraph to Mr. Crampton as to their proceedings, and was that cypher to be used ? A. Yes, sir. Q. (Card shown witness.) What is that? A. That is a card of invitation to Sir Gaspard’s table, in Halifax, received on the 8th April. The card was read as follows: “His Excellency, Sir Gaspard, and Lady lb Marchant, request the honor of Captain M. F. 0. Von Strobel’s company at Dinner, on Sunday, 8th April, at ^ to 7 o’clock. Belvideee.” An answer is requested.” Q. Are these also cards of invitation to you? A. Yes, sir. The cards are h6re read as follows: “Colonel Clarke, The Officers of the Seventy-Sixth Regiment Repuest the Honor of CAPT. STROBED & THE OFFICERS OF THE FOREIGN LEGION, Company at Dinner, On Wednesday, \Sth April. An Answer will ohlige.' ’ “ Colonel Fraser, Colonel Stotherd, And the Officers of the Royal Artillery and Royal Engineers, Request the honor of CAPT’N MAX F. 0. STROBEL’S Company at Dinner, On Tuesday, the 2>d April, at Seven o'clock. Artillery Park." Are answer is requested. Judge Kane.—What are these papers for? Mr. Van Dyke.—To corroborate what the witness says. Judge Kane.—When the witness is impeached, it will be time enough to corroborate what he says. 26 Mr. Van Djke.—I Tvithclraw this paper. Q. (Letter shown witness.) Did you receive that letter from Mr. McDonald? A.. Yes, sir. He is an ofiBcer in the Provincial Secretary’s office. The letter was here read in evidence as follows: ' “ Pkovincial Secretary’s Office, May 3d, 1855. Dear Sir: —I am directed by His Excellency, tlie Lieutenant Governor, to introduce to you the bearer. Lieutenant Kuentzel. He comes with letter to Sir Gaspard from Mr. Crampton. You will please explain to him the steps necessary for him to take to secure his commission. Your Ob’t Serv’t, Bruce McDonald. Capt. Strobed, 1st Comp’y Foreign Legion.” Q. (Letter shown witness.) Do you recollect this letter ? A. This is a letter written by Preston to me, while I was actively engaged in recruit¬ ing men in Buffalo, Cleveland, Detroit and other place^. !Mr. Preston had, at that time, charge of the barracks in Niagara. The letter was read in evidence. It is as follows: Dear Smith :—I send you the accompanying order, in currency equal to £80 sterling, which please send me a receipt for by return of post. I find I cannot make any arrangement with the railroad people here. They say the tickets had better be paid for at Windsor, which I think is best also, fof then the men will come to me clear of ex23ense, which is the intention. Tell Shuman and Dr. Aschenieldt to telegraj^h me how they are getting on at once, and how many, or if they have got any men. Let me hear also from you. Yours Truly, J. W. Preston, 79th Begiment. Niagara, 4th June, 1855.” Witness—This Mr. Preston afterwards took command of the depot that was estab¬ lished in Niagara town. Q. This letter says “Dear Smith,” what was the meaning of that? A. I was obliged to take that name because I was known as being previously con¬ nected with enlisting in the States. Q. (Paper shown witness.) What is this ? A. That is a telegraph I received from Preston. The paper was read in evidence, as follows : Windsor, June 4th, 1853. (By telegraph from Niagara,) To Mr. Smith.—How many men have you got ? Money leaves here to¬ morrow morning by mail, on U. C. Bank—answer immediately. J. W. Preston. Witness—Mr. Preston was the medium between myself and Ife Marchant. At Hali¬ fax, Preston received the orders from lb Marchant and telegraphed them to me. Q. (Paper shown witness.) This is another telegraph from Preston, is it not ? A. Yes, sir. The telegraphic dispatch -was read in evidence, as follows : Windsor Castle^ 7tli June, 1855. (By Telegrapli from Niagara.) To Mr. Smith :—Send in statement of money issued and how applied. Tell all the others to send me similar statements 3 —until such arrive I can¬ not issue for next month. J. W. Preston. (Paid.) Q. Go on and statewhat occurred after you left Quebec ? A. I left Crampton in Quebec and traveled with Preston and another English gen¬ tleman, Captain Bowls, to Montreal; I there received orders for another English officer in Toronto, to give over tousthe barracks in Niagara town; Preston took charge of the barracks ; I met my officers who I had sent from Portland to Niagara ; they were sent from Portland to Niagara Falls ; I met them at Niagara Falls, and directed them to go to different places ; to Cleveland, Detroit and Buffalo, and afterwards I sent one non-commissioned officer to Chicago; I was called back ; I commenced it about the 4th of June, and I was recalled on the 13th, and arrived back in Halifax ; I was recalled by the officers, because during this time I was only able to enlist 60 or 70 men, and Sir Gaspard expected a great many more ; and through this, on account of the intrigues of Mr. Preston, and some other officers who were anxious to receive com¬ mands in this foreign legion, I was recalled to Halifax ; I was charged with having kept two officers on the Canada shore instead of sending them all into the States, and I myself, instead of traveling and going to Chicago, Cleveland and all around all the time to every place, was charged with stopping too long in one place, in Windsor. Q. Who made those charges ? A. They were made by Mr. Preston and sent to Halifax. Q. Who sent to you and told of them ? A. Sir Gaspard lb Marchant. He said that these charges had been made, and that was the reason I was sent for to Halifax. I requested a court martial, and wrote a long account to lb Marchant. I also sent it to Crampton, by a friend of mine, Mr. Ochlschlager; my company was still at Melville Island, under the command of one of the officers I left there. Q You saw them there at that time? A. I was forbidden to see the men, and the men had strict notice not to converse with me, at least the men received such notice the second day I was there. I told the Governor General, that under such circumstances I would leave, and the Sergeant was put in irons, and fifty men of my company sent to prison, for conferring with me by sending to me their non-commissioned officer. I left Halifax with the America, and came back to the States, and since that time I have had nothing to do with this concern. I saw Hertz here afterwards. Mr. Crampton took the address of every one of the agents who had been engaged in recruiting at that time in Boston, New York, Philadelphia and Baltimore, and told me that he was going to see them. Q. Who did he take as the name of the person in Philadelphia ? A. Mr. Hertz was the man recruiting in Philadelphia. Q. By Mr. Remak. Who said so ? A. Mr. Crampton took the names of different persons recruiting in different cities. Q. Whose name did he take as the person in Philadelphia ? A. He knew the names already, but took the address of every one of those gentlemen^ 28 Q. From you ? A. From me, those I had in my possession, the address of Captain Carstenesn, of Boston, and other parties in New York; of Smolenski, and the address of a friend of mine in Baltimore. Q. Did Crampton take the address of Hertz from you ? A. He said he knew all about the proceedings against Hertz, and when he came to Philadelphia, he would settle with every one of those gentlemen, and arrange matters in a different way, because he thought proper not to send men by the vessels any more, but by railroad into Can ada. Q. Do you know about his giving any order about engaging emigrant runners ? A. Yes, sir ; he allowed me to pay every runner $4 for a man. Q. Do you know what Hertz was to get for every man he sent ? A. I do not know exactly the amount Jlr. Hertz received, I know he received money, and I know that they said in Halifax, that Mr. Hertz- Mr. Remak—I object to that. Q. By jMr. Van Dyke.—Did you ever hear from Hertz or any other person or persons in his presence, say that he received any money, and how much ? A. Yes, sir, I heard Mr, Hertz say he had received money, but never enough to cover his own expenses. Q. Did he tell you fi-om whom he received it ? A. He told me that he would receive money from Mr. Howe. Q. Mhat else did he say to you in reference to this matter ? A. Mr. Hertz told me he had connection with the English Government, and that Sir. Crampton and Sir. Howe were the proper agents for paying out the money, and giving tickets and giving recommendations for officers to get commissions. Sir. Hertz said so, and said he had instructions from the British Government to that effect, and that he would receive head-money for the men. He mentioned Howe and Crampton as persons from whom he received it. Q. Did he mention any other? A. Not that I know of. Q. Was Sir. 1300110011 known to Sir. Hertz ? A. He did not mention him as a person engaged in it, or who had engaged him in it. Q. Did he mention any other besides Sir. Crampton and Sir. Howe ? A. Not tha I know of. Q. Not that you recollect ? A. I do not recollect any other person. Q. (Paper shown;) is that the report you made to Sir. Crampton of the transaction ? A. That is the report I made to Sir. Crampton. Q, Was it delivered to him ? A. I sent it to Washington, but the bearer did not find Sir. Crampton there, he had at that time gone up to Niagara ; I sent a friend to Washington with this report to Crampton, to let him know everything that occurred. Q. When he did not find Crampton in Washington where did he take it to ? A. He took it to New York and left it with Sir. Stanley, the vice consul there. [The report was here given in evidence. It contains a full history of the transac¬ tion, from the time the witness (Strobel) left Halifax until his return.] It is as follows ; To Ills Excellency Sir Gaspard le Marchant, Lieut. Governor of Lova Seotia. Sir —After having laid before you my plan for raising troops for the British army in the United States and on the Canada frontier, I received from you, at the Provincial 29 Building, Halifax, N. S., in the presence of His Excellency, Mr. Crampton, Minister from Great Britain to the United States, Mr. Preston, Lieut. 76th Kegiment, and officers of the Foreign Legion, the following instructions:— “You will repair immediately to the United States, accompanied and assisted by Di'S. Aschenfeld and Reuss, Lieut. Shuman, Mr. Mirback, and four non-commissioned officers, to raise men for the British army within the jurisdiction of that Government. You will, in accordance with your plan submitted to me, station said officers and non¬ commissioned officers at the posts agreed upon, unless it may, in your judgment, appear expedient to alter the details of said plan. You are also authorized to order back to Halifax any of your assistants who may, in your opinion, be incompetent for the ser¬ vice, or who may neglect the duty assigned to them. You will receive traveling ex¬ penses for yourself, officers and non-commissioned officers, also, before leaving Halifax, the half monthly pay as per estimates, in advance, for officers and men. At the expiration of the half month, you are authorized to draw from Mr. Preston the half monthly pay again in advance, and so on. You are further authorized to draw on Mr. Preston for such sums as you may require for the transportation of men, head money, &c. You will receive all orders from me through Mr. Preston, whom you will consider as my acting aid-de-camp in this matter, and you will be the meflium to transmit those orders to your officers, so that there can be neither interference with, nor interruption of the plans laid down by you. Mr. Preston will be command¬ ing officer of the recruiting depot at Niagara town. You will exercise no interference with the transmission of men from Niagara to Halifax, but will confine yourself strictly to the duty of obtaining men in the United States, and of forwarding the same to Mr. Preston, at Niagara. You are authorized to employ such assistants as you in your judgment may deem necessary, and are further empowered to state, in my name, to any gentlemen bringing a certain number of men, say 120, that they will receive from the British Government commissions as captains in the Foreign Legion, and others, different commissions, in proportion to the number of men they may bring.” In accordance with the above instructions, I started from Halifax on the l-5th of May, accompanied by my officers, as above mentioned. At Windsor, N. S., I fell in with His Excellency, Mr. Crampton, Lieut. Preston, and Capt. Bowls, who had left Halifax the sapae day. We traveled together to Portland, Me., where we arrived on the 18th ult. Mr. Crampton requested me to go with him to Quebec, L. C., as he was desirous that we should have a perfect understanding with, and the full co-opera¬ tion of His Excellency, Sir Edmund Head, Governor of Canada. In compliance with this request, I ordered my officers and non-commissioned officers to repair to Niagara Falls, there to await my arrival. We arrived at Quebec on the 20th ult, and on the following day were received by His Excellency, Sir Edmund Head, and held a confer¬ ence with him, in which he offered his best assistance in forwarding our object, and at once gave up the barracks at Niagara town, as a recruiting depot, and accordingly sent for Major Elliot, which proceedings detained us until the 23d ult. On the evening of that day, Lt. Preston, Capt. Bowls, and myself started in company with Major Elliot for Montreal, where we arrived on the' morning of the 24th of May. Arrangements were then entered* into with Col. Bell, in regard to the barracks at Niagara and La Prairie. On the following day I started alone forNiagara Falls, C. AY., where I arrived on the morning of the 27th. Lieut. Preston and Capt. Bowls started for Toronto on the 25th, and hence did not arrive at Niagai-a Falls till the 28th. These gentlemen remained at Niagara Falls till the 30th, when they took possession of 30 Butler barracks, and the first arrangements were made for forwarding recruits to that station. As your Excellency will here observe, I was, up to this moment, viz ; the 30th or 31st of May, unable to move one step in the object of our expedition, it having required all the time to arrange the preliminaries. On the same day that Mr. Preston left for Niagara town, I learned from Dr. Aschenfeldt and Mr. Shuman, that the conduct of two of my non-commissioned ofiicers. Sergeants Both and Krieger, had been unworthy of the confidence reposed in them, and I therefore deemed it advisable to send the said men to Lieut. Preston at Niagara town. I also thought it necessary to send to Niagara one of my officers for a double purpose. 1st. To act for Mr. Preston as Interpreter on the arrival of recruits, and 2d, as we were unable, actually, to enlist the men in Canada, I deemed it well that some German of experience and age should be with the recruits sent on, to keep them in proper spirits, and to prevent any loss by desertion from the barracks or in transitu to Halifax. I accordingly deputed Mr. Mirback for this service, and with the license permitted me in your in¬ structions of the 14th of May, was therefore obliged to modify my plan to suit this emergency. On the 30th inst. I went with Lieut. Shuman to Buffalo. Ilavingvisited some of the localities in that place and Fort Erie, on the opposite shore of the Niagara river, I gave Lieut. Shuman the following orders, in accordance with the instructions I had received from Mr. Crampton, and which I respectfully beg leave to subjoin. 1st. 1 ordered Mr. Shuman to take up his quarters on the Canada shore, at the village of Fort Erie. 2d. To have his non-commissioned officer. Corporal Kamper, stationed in Buffalo. 3d. To go daily to Buffalo, and, in connection with Corporal Kamper, there to make such inquiries as might lead to the obtaining of men. 4th. To send the men as quickly as he should obtain them to Lt. Preston, at Niagara, and at the same time to report to me regularly the number of men obtained, and all circumstances relating to them. 5th. To take particular pains to lay out no moneys on the American side, but whatever related to the expenditures to induce runners to bring men to him, should be positively and rigidly transacted on the Canada shore; and further, if it were necessary to keep men together for a longer term than one day, to be careful to do so without the precincts of the United States. This latter order is strictly in accordance with articles 2d and 4th of Mr. Crumpton’s instructions. On the same evening. May 30th, I ordered Dr. Reuss to leave for Detroit, and informed him that he would co-operate with Dr. Aschenfeldt,‘who would be stationed at Wind¬ sor, on the Canada shore of the Detroit river. I also communicated to him, in effect, the same orders I had already given to Mr. Shuman. I went to Niagara town to draw the half monthly advance pay for officers, on the 31st May. As Mr. Preston was unable to pay me the amount which I required, he gave me but £10 sterling. On the 1st June I left Niagara town, accompanied by Dr. Aschenfeldt, for Cleveland, Ohio, where I had already stationed Sergeant Barchet. Passing through Buffalo, I saw Lieut. Shuman, and supplied him with some money for a few days, until I should ob¬ tain the balance of the half monthly pay from Mr. Preston. On the 2d inst. I saw Barchet in Cleveland, and supplied him with as much money as I could spare. On the 3d I arrived with Dr. Aschenfeldt at Detroit; I saw Dr. Reuss, and supplied him with money. I then supplied Dr. Aschenfeldt with money, and left him at Windsor. On the 4th of June I again started for Niagara town, in order to receive from Mr. Preston the balance of the second half monthly pay, which I must here remark was a most useful journey, both as regards the expense and the loss of time. Had the money been properly forthcoming in the first instance this journey would have been 31 avoided, but I determined, as I was now obliged to go there, to make use of the jour¬ ney as a means of again visiting the different posts, and paying to the officers the balance of their half monthly dues. In this I was again frustrated by a failure of the Telegraph Office in sending me a dispatch of Mr. Preston, as a check had already been sent by mail for the amount. In spite of this, however, I telegraphed from Niagara to Mr. Shuman, to meet me at Chippewa, and report to me the result of his proceedings in Buffalo. His report was much to my regret, and contrary to all my expectations, very disheartening—he having sent but four or five men to Niagara. Having learned by letter from Albany, N. Y., that there was a fair prospect at that place of obtaining from fifty to one hundred men, I ordered Mr. Shuman to direct Corporal Kamper to undertake the whole business in Buffalo, and to repair at once to Albany, there to place himself in connection and communication with the Emigrant offices and Intelligence depots there, and to use his most strenuous efforts to obtain men. Also, to communicate with me at once on the subject. As I have already stated, the check for the balance of the pay had been sent to Windsor, while I was in transitu between that place and Niagara. I was, therefore, without money, and gave Lieut. Shuman a draft on Mr. Preston for £20 sterling, knowing that it would require at least three days for me to forward the money from Windsor to him. On presenta¬ tion Mr. Preston refused to honor the draft. Considering that these matters would be in proper train in Buffalo, and supposing that Shuman would leave at once for Albany, I returned to Windsor, in order to receive a report from Sergeant Barchet, stationed at Cleveland, and to inform myself how matters were progressing in Detroit. I returned to Windsor, C. W., on the evening of the 7th inst. On the following morn¬ ing, to my utter astonishment, Mr. Sherman, who was kept by Mr. Preston at the depot, and in consequence of it was not able to see his men off at Buffalo again, nor to supply him with money, and to give him orders in regard to my sending Mr. Shu¬ man to Albany, had left Niagara, by order of Mr. Preston. The night train came into Windsor in sixteen hours after my arrival, bringing me the subjoined order from Mr. Preston, marked X. As the order purports to have emenated from Your Excel¬ lency, I promptly obeyed the same, and sent Mr. Shuman to Cleveland for Barchet’s account, at the same time giving him those of Drs. Aschenfeldt and Ileuss and my own, giving him no further orders, but simply telling him to return to Mr. Preston as soon as possible. I had received from Barchet the information that matters in Cleveland were as disheartening as in Buffalo, also saying, that a Mr. Seybert, who keeps an Intelligence office there, was willing to undertake the business if we could station some one at Port Stanley, for the purpose of receiving men whom he would send there. I wrote to Mr. Preston, requesting him to send a non-commissioned officer or some other person to Port Stanley, to receive the men whom Mr. Seybert might send. This request was unattended to, and Mr. Preston did not even condescend to notice it. From all that I could learn, Chicago and Milwaukie offered large inducements as a field for our operations, and as I thought the port of Cleveland would have been provided for by Mr. Preston, in accordance with my request, I sent Barchet on the 11th inst., in company with another man, to Chicago, also Dr. Eeuss to Toledo, which place I had myself visited, and deemed a good port for obtaining men. I directed Barchet to communicate with me by telegraph, or otherwise, as soon as my presence and the money for tickets should be requisite in Chicago for bringing men to Niagara. On this day, the 11th inst., Mr. Theo. A. Oehlschlager arrived at Windsor from Niagara Falls. Mr. Oehlschlager is a gentleman already known to Mr; Crampton, 32 and of •whom Mr. Crampton and myself had several conversations. I spoke very favorably of him, and Mr. Crampton advised me to obtain so valuable an assistant.— Mr. Oehlschlager is a British subject by birth, being a native of Quebec, L. C., speaking German like a native, and French -with fluency, the value of his assistance cannot be over-estimated. Having, as I have already stated, lost two non-commissioned officers, and having stationed one ofScer permanently ■with Mr. Preston, I felt the necessity of more assistance, and knowing no one more competent, I accordingly wrote for him from Cleveland on the 2d June. I remained at Windsor the 12th and 13th insts., in the expectation of receiving a letter from Barchet, and also anticipating the return of Dr. Reuss from Toledo with men. On the morning of the 13th I received a letter from Barchet, stating that Chicago was a capital place, and that a great many men might there be obtained, but it would be necessary to forward them immediately, as it would be impossible to keep them long together. I accordingly wrote at once a letter to Mr. Preston, requesting him to send me j£l00 sterling. Before this letter was mailed, I received the following despatch from Mr. Preston—“ Send Aschenfeld back immediately.” I accordingly did so, sending the letter I had written by Dr. Aschenfeld. On the following day. Dr. Reuss returned from Toledo, bringing with him four men, stating at the same time that a number of from 80 to 100 men may be ob¬ tained alone in Toledo. He also brought very good news from Sandusky and Monroe. I then received a despatch from Dr. Aschenfeld, saying “We all go back, more by letter.” Having collected some eleven men at Windsor, besides seven already for¬ warded from this place to Niagara, and deeming the expedition, from some unknown cause, entirely broken up, I telegraphed to IMr. Preston, asking what I should do with the men. His answer was—“ Forward men. Re-call Barchet and return to. morrow.” Not comprehending the whole business, I deemed it best to repair at once to Niagara and have the mystery cleared up. I accordingly started the next morning leaving Mr. Oehlschlager in my place at Windsor. I arrived at Niagara on the morn¬ ing of the 16th. I was cordiallly received by Mr. Preston, who informed me, that having held several conversations with Major Browne, Mr. Wieland and other gentle¬ men, he had come to the conclusion that we (myself and the officers under my charge) had neglected our duty and that he had two charges in particular to make against me. 1st. That I had ordered two of my officers to remain on the Canada shore. 2d. That I, myself, had remained too long inactive at Windsor, C. W. In consequence he had deemed it his duty to send a despatch to your Excellency acquainting you with said disposition on our parts. That you had replied directing him to act on his own responsibility. That thus empowered, he had deemed it proper to re-call all those employed and to send them back to Halifax. I informed Mr. Preston that I would at once comply with the order of your Excellency, at the same time I assured him of my opinion as to the unadvised and rash proceedings he had deemed it proper to adopt, and further expressed my belief in his having been influenced in these measures by Major Browne, Mr. Wieland, particularly, and others, who are anxious, to my perfect knowledge, to obtain commands in the Foreign Legion. While in Niagara town, I saw a despatch from this Mr. Browne to Lieut. Preston, stating in effect that my letter to Mr. Preston, on the 13th inst. was a falsehood, and that there was no men in Chicago to be sent. The following is, I think, the wording of the despatch. “ The 50 men a myth.” Having some little personal business in AVindsor, and wishing to communicate with Mr. Oehlschlager, I returned here this morning. On my arrival Mr. Oehlschlager informed me that shortly after my departure on the 15th inst., a Mr. Browne arrived here from Mr. Preston. He represented himself, or at least led Mr. 33 Oehlschlager to believe that he was a Major in the British service. Mr. Oehlschlager, under su 3 h a supposition, believing him to be an ofScer in the British Army, and an authorized agent of your Excellency’s, -immediately gave up the charge of the post and of the men. Mr. Browne sent the men on to Niagara that evening, in charge of Dr. Beuss, who left yesterday for Halifax. I also found here a dispatch from Chicago from a man named Konen, employed by me at that place, which fully substantiates the good news contained in Barchett’s letter. It reads as follows : “ Come here immedi¬ ately: twenty ready ; tickets wanted.” I have thus far, your Excellency, attempted to give a rough outline of what I have done since my departure from Halifax, and shall now leave it with yourself to judge whether the time has been wantonly thrown away, and whether I have neglected my duty cr not. There have, it is true, been many causes which have rendered the ex¬ pedition less successful than I had imagined in the offset, but over these circumstances I have, as you may judge from the above statement, been able to exercise but little or no control. Besides, your Excellency will be pleased to take into consideration that we have not had more than eight or nine working days of real trial. We did not get fully into operation before the 4th or 5th. On the 7th, Mr. Shumann was withdrawn by order of Blr. Preston. Not before the 9th, the bills we had printed were in our hands and posted. The 10th was Sunday. On the 13th the expedition was virtually broken up. Dr. Aschenfeld re-called, and your Excellency in possession of a dispatch to that effect. The difficulties under which we had to labor were, in the beginning, very great In ihe first place, shortly before our arrival, the navigation of the great lakes wag opened, and thousands of men who had lain idle for months were at once thrown into employment. A week before Mr. Shumann arrived at Buffalo, six hundred working men had been withdrawn from that place to work on the telegraph line through New¬ foundland. In short, work was plenty and the weather mild, it is, therefore, but little wonder that under such auspicious circumstances we did not succeed at once. Then the Americans have in every city in which we have been, a recruiting officer, where they offered $12 per month and bounty of one hundred and sixty acres of land, and besides giving head money to the runners. Again, a great antipathy ap¬ pears to prevail throughout the United States to British service, and a strong mis¬ trust of the whole business, from the occurrence relating thereto, which took place in the Eastern cities. These difficulties had to be overcome, and just when we arrived at a point where the prospects began to brighten, and we had tangible hopes of our ultimate success, the whole matter, as far as ourselves are concerned, is given up, without my being in the slightest instance consulted or advised with. From cer¬ tain remarks of this Mr. Browne, I am led to believe that the conduct of the money matters of the expedition, has also been called in question. In refutation of any such malignant charge, I respectfully beg leave to subjoin my accounts, and request that those of my officers may be strictly examined. A few words in relation to the charges made against me by Mr. Preston. The first is simply enough refuted by all that part of the above statement, which refers to my orders and instructions to Dr. Aschenfeld and Mr. Shumann. Of the second, I have but to observe, that when I started from Halifax I was under the impression that I was given charge of this expedition in the United States, that I had discretionary power to take up my head quarters where I deemed best, and where I could most readily hear from my assistants, and not that my conduct was to be subject to the 3 34 espionage and impertinent interference of men of whom I had no knowledge whatever, in connection with this expedition. I refer to Mr. Browne and others. Nor can I con¬ ceive how Mr. Preston could commit such a gross error as he has done, in breaking up this expedition, without stronger and more sufficient reasons. I have now to make a few remarks on Mr. Preston’s conduct in connection with this business, which, however painful it may be, I consider it my duty to your Excellency, under whose orders I have been engaged in this matter, and to myself. Mr. Preston in the first place, as early as the 7th inst., violated the spirit and letter of your in¬ structions to me in two instances. 1st. By failing to pay my draft sent by Mr. Shumann— and 2dly. By sending Mr. Shumann down to IVindsor, when I sent him to Albany. In short, I have failed to meet from Mr. Preston, that cordial co-operation and friendly assistance, which I had hoped for, and on which the success of such an expedition so eminently depends. I feel pleasure, however, in saying, that I can look upon this failure on the part of Mr. Preston, in no other light than as an error of judgment, and his being too easily influenced by others. With the above statement of the facts of the last month, and which I am ready to substantiate at any moment, by the testimony of my officers and others, I beg leave to submit this, my report, to your Excellency’s kind consideration. I have the honor to remain. Your Excellency’s very obedient servant, MAX FRAXZ OTTO STROBEL, Captain Forg. Leg.” “WiSDSOE, C. W., June, ISth, 1855. Mr. Remak—Was this paper ever delivered? A. It was delivered to Mr. Ci-ampton and Sir Gaspard le Merchant. Mr. Yan Dyke—Did Mr. Hertz say anything to you in reference to having adver¬ tised in any paper in Philadelphia ? A. Yes, sir, the advertisement was in Mr. Hertz’s office, in the newspapers. Q. Did he say anything to you as to bis advertising? A. He said he was obliged to have it advertised in order to get men. Q. What advertised ? A. This proclamation. Mr. Hertz sent men to the office of the paper to see if it was advertised. Q. When was that ? A. I cannot recollect the very date—it was before I went away with my company. Q. Do you recollect the advertisement ? A. Yes, sir, I recollect the advertisement; I have seen it in the paper, but do not recollect the very day. Q. What do you know of Mr. Hertz putting this (showing witness the Pennsylva¬ nian containing the advertisement,) in the paper ? A. Mr. Hertz says, I suppose by this advertisement we would get some men. Q. Where did you last see Hertz before sailing from Philadelphia with your men ? A. I saw Mr. Hertz on the boat. He came down in the morning to the wharf where we sailed from, and it was at that very moment that he gave me the money, $25. Q. On the boat Delaware, on which you sailed on Sunday morning, of March IG, 1855? A. Yes, sir. Q. Will you state to the Court and Jury whether you recommended to Mr. Cramp- ton a certain Col. Burgthal ? Mr. Remak objected— Objection was sustained. 35 Q. By Mr.Van Dyke—Is there anything else you recollect in connection with Mr. Hertz that you have not stated, if there is, state it ? Any conversations that you had with Mr. Hertz or Mr. Crampton about Mr. Hertz being engaged in this business ? A. I remember a conversation with Crampton about Hertz, where Crampton said he believed— The question and answers were ruled out. Q. Do you recollect any conversation Mr. Hertz had with any person or any con¬ versation you had with him ? A. I heard many conversations of Mr. Hertz with other officers who left for Halifax. It was a promise Hertz made to these men in the name of Mr. Howe, and through Mr. Hqwc in the name of the English Govei-nment, to give them commissions in the foreign legion, if they would go to Halifax, if they were military men before, and so on, and when some of them would express doubts on the subject, Mr. Hertz would try and prove that he had really the power to promise. Q. Anything else ? A. I remember there was some money given to the men by Mr. Hertz. Q. Which men ? A. To the men who enlisted. Q. What was money given them for ? A. To pay board to the very day they sailed from the time of enlistment to the time of leaving. Q. Who paid for the tickets? A. I suppose Mr. Hertz, I do not know. Q. Who gave the tickets ? A. Mr. Hertz did. Q. For the 78 you took ? A. Yes, sir. Q. You say you had a hundred in your company, how happened it that you only took that number? A. Afterwards some men were sent from Philadelphia. Q. How did it happen that you first had 100 men and only took 78 with you ? A. The other parties came on afterwards, and were put to my company as they came on, particularly men from Philadelphia. Q. What become of this company ? A. It sailed on the 8th of August for Portsmouth, England; to equip for its des¬ tination. ( Q. (Cards shown witness) What are these ? A. These are the cards which were given to the men to get a passage on board the boat. Mr. Hertz got the cards, I do not know where he got them from. Q. What is that on it ? A. It is H. Q. Whose signature is it ? A. Mr. Hertz. Q. What is the the meaning of N. S. R. C. ? A. It means Nova Scotia Railroad Company, I suppose. The ticket was given in evidence—the following is a cepy :— Q. Did you take these tickets all the way to Nova Scotia.? A. Every man had one of those tickets, and they passed him on the boat. Cross-examined by Mr. Remak. Q. Did you go to see Mr. Hertz of your own notion, or did anybody request you to go to see him ? 36 A. I ■was requested by Dr. Biell to see Mr. Hertz, as I had seeu Crampton only a few weeks before. Q. Did you know Hertz before that time, before Biell mentioned his name ? A. No, sir. Q. You did not know him at all? A. No, sir. Q. You had already seen Mr. Crampton at the time Biell spoke to you ? A. Yes, sir; Biell told me Hertz had a letter which he had shown him— Mr. Bemak—There is no use saying that. You saw Hertz on the 10th of March? A. Yes, sir. Q. Where did you see him ? A. At his ofiBce, 68 South Third street. Q. Did you know the business of Mr. Hertz ? A. Yes, sir, he was enlisting men for the foreign ser'vice ; Mr. Hertz himself said so when I came up there. Q. Was it not at his o£6ce you said people came in and enlisted and entered their names in a book ? A. Yes, sir. Q. (Showing book,) here is the book presented to you, do you swear that this is the identical book you saw there ? A. Yes, sir. Q. Were all the names here entered by the persons themselves, or by whom ? A. Not exactly all these names, many of the men signed their names themselves, and others could not write, and Mr. Hertz or somebody -wrote down the names. Q. Now be so good as to describe this book; does it contain anything but the names and places of residence ? A. It contains the names of those men ; most of them I took with me, as my Com¬ pany, to Halifax. Q. And contains the residence of some ? A. Yes, sir, of some. Q. It contains nothing else ? A. It contained at that time the names of several officers willing to go; it contains now but those names. Q. You say you received money from Mr. Hertz ? A. Yes, sir. Q. For what purpose ? *A. I received money from Mr. Hertz, and was obliged to give him a kind of note, in which I stated I had received so much money, and it would be repaid. Q. (Showing witness a paper.) Is this paper signed by you ? A. Yes, sir. The paper was read as follows : “ I received from Mr. Hertz $5 00 on my word of honor. MAX F. 0. STROBEL.” Mr. Remak — The figures are blotted, and it looks as if it had been altered from $5 to $25. Witness—The signature is true, but I believe the 25 is false. I actually received, on my word of honor, from Mr. Hertz $10 00, butil never remember having given Hertz a receipt for this $25 ; I received on board the boat; I never remember, but there is a possibility. Q. You stated in your examination in chief that you received $25 00 the day you started ? A. Yes, sir, I received $25 that day. Q. You state now you do not remember having given a receipt for it ? '■ 37 A. I do not remember; I acknowledge this signature—that might be another note I gave to Hertz, stating I only received $5 00. This is my signature. Q. You received $25 on that day, and this paper states in numbers 25 ? A. It states here $25. I do not recollect signing any paper for $25. I recollect saying to Mr. Bucknell I received that money. Judge Kane—Is this material? Mr. Eemak—It is for the purpose of showing that money has been loaned to the witness. Q. You say you were present when several different men came in at different times and signed their names in that book ? What were the conversations between Hertz and those persons ? A. The conversation was that he showed the parties the proclamation or advertise¬ ment, and he said there is a foreign legion as you see in Halifax, and if you feel able and disposed to enter this foreign legion in Halifax, I will give you the means to go to Halifax as a soldier in that legion—that is, if you are willing to go to Halifax and be enlisted for this foreign service. Q. Can you swear that Hertz ever said to enlist as a soldier for the foreign service ? A. I can swear that he said he wanted them to go to Halifax for the purpose of enlisting for British service ? . Q. Did he pay anything to them ? A. He paid to several of them, but not every one—to some of them he paid one dollar; to some 25 cents, and to some 50 cents. Q. Do you recollect the names of any of the men to whom he gave 25 cents ? A. To Purde, and several others, their names are in the list. Q. Were any of those people very poor ? A. Yes, sir, some of them were. Q. Did you know that these people were actually in want of food ? A. Not in want of food. Q. Do you believe that these people had any money at all ? A. I believe they had none. Q. Were they not looking out for work ? A. They had been looking out for work. Q. And could they get it ? A. They said they could, but as they were detained they must be paid. Q. They could get work they said ? A. If they would not be retained. Q. Did these people use the word retained ? A. They said they could get work if they were not kept waiting here doing noth' ing, and being promised every day that this vessel should sail for Halifax. Q. Then these people did not employ the expression retained. A. Well, they were retained. Mr. Remak—you have to give the conversation exactly as it took place; be very strict; what language did these people speak ? A. In the German. Q. Then they had no idea of the word “retained?” A. We have a word in German that means as much. Q. What is it? A. “ Augeholten.” Mr. Remak—May it please your Honor, that word means detained. Q. Did not these people mean to say that their time was wasted by being un¬ employed ? A. No, sir, they said or meant by saying so, that their time was taken by Mr. Hertz. 38 Q. Did not some people come into the office Tvho declined to go to Halifax ? A. Not that I remember. Some of them came once, but never afterwards. Q. What did Hertz say when they declined—if you recollect they did decline ? A. I do not remember that any one declined. Q. Did Mr. Hertz offer them anything the moment he spoke of going to Halifax ? A. Not at that moment. Q. Jlr. Hertz did not offer them anything when he asked them to go to Halifax ? A. No, sir. Q. Did he actually ask them to go to Halifax? A. Yes, sir. Q. Did not he leave it optional ? Did not he represent the matter that they would get employment there ? Witness—Get employment in Halifax ? Jlr. Remak—Some employment. Witness—No, sir, that could not be, because this advertisement was laying on the table, and for that purpose the men came up. Q. When the men came in you say Hertz did not offer them anything; when they were ready to go to Halifax, what did Hertz say ? A. ]\Ir. Hertz said I have a vessel ready for you to start in a day or so. Q. Did he state for what purpose this vessel would start ? A. For conveying these men to the “ foreign legion,” at Halifax. Q. You stated that he gave some of the men one dollar and some twenty-five cents, to how many of the men did he give anything at all ? A. It is very difficult to say. Q. Did he give to twenty ? A. I suppose that is the number. Q. Have you been present every time he gave these men something ? A. Not every time, but he gave to that many in my presence. Q. Then you remember that he gave to more than twenty ? A. Not to more than twenty. I cannot say that he gave to more than twenty. Q. Then you do not know if he gave to any one else ? A. No, sir. Q. The names you remember mention now. A. Barrier, Blecher, Brining, Foley, Worrell. The Court here overruled the question. Q. You stated in your examination in chief, that some of the men received money to board ? A. Yes, sir. Q. How much did they receive ? A. I cannot tell whether Hertz gave three shillings or four shillings ; to some he gave three, some four, and perhaps some a dollar. Q. Did Mr. Hertz ever promise you a commission? A. Yes, sir. Q. Where did he promise you? A. In his office. Q. In whose presence ? A. In the presence of Mr. Rumberg and Lieutenant Essen. Q. Did he show you any authority for doing so ? A. I believed he had, because he made me himself acquainted about the letters and orders he had received from the British Government, and I showed him my letters, although I never saw his letters. He promised me a commission. Q. Did Mr. Hertz derive any benefit from all the transactions you know of? , A. I cannot tell. 39 Q. You remember that you said in your examination in chief, that Mr. Hertz said himself that what he had received did not cover expenses? A. At that time. Q. Do you know, from your own knowledge, that Hertz has received at any other time, any more money ? A. I cannot swear that Hertz received more money than he expended, but I can swear he received money. Q. Then he did not derive any benefit from his business transactions ? A. I do not know. Q. As far as you know ? A. As far as I know, no; but I cannot see into his business matters, certainly. Q. Could Mr. Hertz have any direct benefit from the fact of any of those men going to Halifax ? A. Yes, sir. Q. In what manner ? A. He would receive $4 for every head. Q. AVould the $4 come from the man himself? A. No, sir; it would be paid by the English government; the man could not pay, but the English government paid $4 for every head. Q. Can you say whether any agreement has taken place between Hertz and you, or with any of these men with regard to the transaction ? A. Yes, sir. Q. AVhat was the character of it ? A. The agreement was, that I take this company to Halifax, and I was introduced to the men of the company as their Captain ; and I had to bring them up to Halifax. Q. Did you derive any benefit from this matter ? You received money, did you not ? A. I received no money except that necessary to take the men to Halifax, and their tickets. Q. You received no money ? A. No money for myself, but money to take the men there, for the government. Q. You received no money for yourself? A. No money for myself, from the government. AVhat I received for doing this, was the commission. Q. Did you receive from Hertz anj' money? A. I received as a private matter $10 from Hertz; but I received $25 to feed the men on the boat. Q. Then, Mr. Strobel, had you any direct authority from the English government at the time ? < AVitness—Direct authority to do what ? Mr. Kemak—Any direct authority at all. I do not care what it is. Did you hold any commission ? A. Just the commission as promised by Hertz. Q. You had no commission ? A. I had no commission at that time. Q. Then you cannot say you was at the time the representative of the English gov¬ ernment, or agent of that government ? A. Certainly, I was insomuch an agent that I agreed with the English government to bring men to Halifax. Q. You considered yourself so? A. I did not consider, I thought so. 40 Q. When did you agree with the English govei'nment ? A. So early as the beginning of April, with Mr. Crampton. Q. Did you agree to take the identical men you started with on the 25th of March ? A. No, sir, not those men, but any men. Q. Then you had no other authority but what you thought you had from Hertz, when you took these men ? A. Not for bringing these very men I named here. Judge Kane—The witness says he had authority from Mr. Crampton to take such men as should be enlisted, and that it was from Hertz that he got the directions of the particular persons enlisted and who were to be carried on. Q. Did you make any promise to Hertz in return for the so called authority he gave you? A. Yes, sir. Q. What was the promise ? A. I promised Mr. Hertz that upon arriving in Halifax I would state that Mr. Hertz had sent these men, and that he had a great many more men, and had made arrangements with parties in New York, but was not able to send them, and I was to secure him every man he sent from Philadelphia to Halifax. Q. Did you ever pay to Mr. Hertz afterwards anything for the trouble he took to send men to Halifax ? A. I did not. Q. Do you know whether anybody else paid Hertz for the trouble he took on that day or any other time ? * A. I do not know ; I know that Hertz received money for the men in New York. Q. Did you ever see Mr. Crampton in the presence of anybody else? A. Yes, sir. Q. Who was present ? A. I saw Mr. Crampton in the presence of Dr. Ruess, for instance, Major Boutz, Sergeant Burgit, and Rose, and others; I travelled with Crampton and Preston in company with other gentlemen up to Quebec from Halifax ; these instructions were in the hand-writing of Crampton. Q. I want to know if Hertz ever read those instructions? A. I do not know whether Mr. Crampton sent him a copy of them or not. Q. Then you do not know whether he had ever any knowledge of these instructions ? A. They were written after I left here, and I could, therefore, not tell. MONDAY’S PROCEEDINGS, SEPT. 24, 1855. HORACE B. MANN, sworn—Examined by Mr. Van Dyke. Q. Are you engaged in the Pennsylvanian ofBce ? A. Yes, sir. Q. (Paper shown witness.) Do you know whether that advertisement was ordered to be published there? A. As regards ordering the advertisement I do not know anything about it, butthat is a copy of the Pennsylvanian. Q. Do you know anything about the discontinuing of it? A. Yes, sir, it was ordered to be discontinued by Mr. Hertz; I discontinued it at his order. Q. Is that the receipt for the advertisement ? A. That is the receipt for the payment of that advertisement; Mr. Magill is the person who received the advertisement; the paper in which it appears was published March IGtb, and the receipt is dated March 15th. 41 The receipt was here read in evidence as follows :— Philadeiphia, March Ihth, 1855. Lieutenant-Governor of Nova Scotia, To Advertising in the PENNSYLVANIAN, 2 Squares/or one month, $5 00 I Pieceived Payment for the Proprietor, Will. MAGILL. MAX F. 0. STROBEL, re-called. Examined by Mr. Van Dyke. Q. You have been sworn? A. Yes, sir. Q. You are acquainted with the hand-writing of Mr. Howe ? A. I have seen it. Q. What position did he hold in March and February, 1855 ? A. He was the general agent of the British government in the States for this re¬ cruiting. Q. (Paper shown witness.) Will you look at that paper and say whether it is in his hand-writing ? A. I believe it is Mr. Howe’s hand-writing ; I have seen him write. The paper was here read in evidence, Mr. Van Dyke stating it was the original of the advertisement which appeared in the papers in regard to this matter. It is as follows: “ The Lieutenant-Governor of Nova Scotia is empowered by Her Brit¬ annic Majesty’s Government to raise any number of men, which may be re¬ quired, to serve in the Foreign Legion. Depots are established at Halifax, and all able-bodied men, between the ages of 20 and 35, who may present themselves, will be enlisted. The terms of service will be 3 or 5 years. Officers who have seen service are eligible for commissions. Surgeons speaking the continental languages, or some of them, will be required. Pensions or gratuities for wounds or eminent services in the field will also be given. On the Expiration of the term for which they enlist, the troops, will be sent to their native countries or to America.” Q. You said you are acquainted with Mr. Crampton’s hand-writing ? A. Yes, sir. Q. (Paper shown.) Is that his writing ? A. That is Mr. Crampton’s hand-writing. Q. By Mr. Cuyler. You have seen him write, you say? A. Yes, sir. The paper was here read in evidence, as follows : 42 “ Satukbay, January 27, 1855. Sir — I should be happy to see you at any time you may choose to call, to-day or to-morrow. Mr. Hertz, I am, sir, your most obedient servant, [Signed.] JOHN F. CIIA3IPTON.” [envelope.] r; J. F. C. Mr. hertz, WiUiard’s. Q. (Another paper shown.) Is that also in Mr. Crampton’s hand-writing? A. les, sir, that is Mr. Crampton’s hand-writing. The paper, which was read, is as follows: “ AYashington, Feb. 4th, 1855. SiE —TYith reference to our late conversation, I am now enabled to give you some more definite information on the subject to which it related. H. Hertz, Esq. [Signed,] I am sir, your obedient servant, JOHN F. CRAMPTON.” I ^Paid J. F. C. I AYashington, Feb. 4, D. C. [esvelope.] - - - H. HERTZ, Esq., 424 N. Twelfth Street, Philadelphia. Q. Do you know Mr. AYilkins’ hand-writing ? A. Yes, sir. Q. Is he Provincial Secretary ? A. A’es, sir. Q. (Paper shown witness.) Is that his writing? A. It is. I have seen him write ; that is his signature on the back of iL Q. Do you know whether Hertz was in Halifax in June ? A. Yes, sir, he was in Halifax in June. Q. Do you recollect the day ? A. I cannot recollect what day, it was in the beginning of the month. Q. In whose hand-writing is the direction on the envelope ? A. I believe it is AA'ilkins’ too. The paper, with envelope, was read in evidence, as follows: “ PrOA’INCIAL Secretara’’s OeFICE.I^ 11th June, 1855, j Sir — I am in receipt of your letter of this date, and am commanded by His Excellency, Sir Gaspard le Marchant, to inform you that in reference to the claim advanced in your communication, Mr. Howe, previous to his departure for England, distinctly stated to His Excellency, that the moneys which you had received on account, more than cancelled any claim that you might prefer. Any instructions given to Mr. Howe by Sir Gaspard, will speak for them¬ selves, whilst Mr. Howe will best account for his own acts on his return from England. 43 la liis absence^ nothing can possibly be done by Sir Gaspard, in relation to yourself. You must consider this a final answer given by his Excellency’s command. I have the honor to be, sir, your most obedient servant, LEWIS M. WILKINS. Mr. H. Hertz. [E.welope.] On Heb. Majesty’s Service. Me. H. hertz, Provincial Secreiary''s Office. Q. Are you acquainted with, the British Secretary of Legation ? A. Yes, sir, I have seen him. Q. Do you know his hand-writing ? A. I have seen his writing, but never saw him write. I never had any conversa¬ tion with Mr. Lumley. I always addressed my letters to Mr. Crampton or Mr. Lumley ; I never received any replies from Mr. Lumley. The defendant’s counsel admit the paper to be in the hand-writing of Mr. Lumley, and it is read in evidence as follows: “ Washington, May 31, 1855. Sir —In the absence of Mr. Crampton I beg to acknowledge the receipt of your letter of the 20th inst., although I am not aware that I have had the advantage of making your acquaintance, I beg to inform you, as Secre¬ tary of H. M. Legation, that no charge against you of the nature to which you refer has been made to me. It is, therefore, superfluous to add that I have never expressed the opinion reported to you as having been used by me. I am, sir, your most obedient servant, T. SAVILE LUMLEY. [envelope.] Paid T. S. L. I Washington, I May 31, 1855, I D-C- (»* HENRY HERTZ, | 424 North Twelfth street, below Coates, ~ Philadelphia, Pa. Q. Did you know the Vice Consul at New York? A. Yes, sir. Q. What is his name ? A. Mr. Stanley. Q. Do you know his writing? A. Yes, sir, I have seen him write. Q. (Letter shown witness.) Is that a letter of Mr. Stanley’s ? A. Yes, sir. The letter and envelope was read in evidence as follows:— “ New York, June 19th, 1855. “ Sir—I am obliged to you for the cutting from the newspaper which you forward¬ ed with the note of the 17th, both being received by me yesterday. I do not under- 44 stand the spirit evinced by the writer of the newspaper paragraph. I am not yet aware of any United States laws being broken in the matter to which he has refer¬ ence, and have not the slightest interest therein. Regarding your claim against the Nova Scotia Government, I have not received any communication from that quarter, as you led me to expect would be the case. As I informed you when in the city, it is not possible that I should be acquainted with the subject; but if so ordered, I shall be happy to remit you the amount. ' I have seen Mr. Mathew, who happened to be in New York, being in hopes that I might procure through him, some information which would aid you in this matter, but being unsuccessful in obtaining any, it is utterly out of my power to forward your views. Remaining your obedient servant, (Signed) C. H. STANLEY.” [Envelope.] New York, June 19. MR. H. HERTZ, 424 North 12th Street, Philadelpb ij Q. (A d here shown witness.) Do you recollect that card ? A. Yes, sir. Q. It is written in what language? A. In German. Q. Do you know whose writing it is in ? A. It is a card written by Mr. Renas, at the request of Mr. Hertz. Q. Who was Mr. Renas ? A. He was at that time with !Mr. Hertz; I do not know Mr. Renas himself. He was with Mr. Hertz, and this was brought to me by a man who came up to Halifax and enlisted in my company. Q. Did he go with you ? A. No, sir, he was sent to my company at Halifax by Mr. Hertz, and he brought this card to me, recommending this man to me as secretary of a company. Q. This man was enlisted in your company ? A. Yes, sir. Q. Refore you left ? A. No, sir. Q. He came on after the company left here, then? A, Yes, sir. Ry Mr. Cuyler—Did you see this card written? A. I could not have seen it, because I was in Halifax, and this man brought it up there. Q. Do you know Mr. Renas who signs it? A. I know him now ; I did not know him at that time. Q. Are you familiar with his writing? A. I never saw him writing and cannot say of my own knowledge that this card is in his writing, but it was brought to me from this very man. Mr. Cuyler objected to the reading of the card in evidence. It was shown to the jury, but as it was in German, few read it. We present a translation: “ I recommend to you the bearer of this card, Mr. Sporer, an excellent and perfect penman; if it lies in your power to obtain for him a position as clerk in your company, you will thereby greatly serve me. [Signed] M. Renas.” V Ry request of H. Hertz. 45 Q. Do you know Turnbull? A. Yes, sir. Q. What was he in June, 1855. A. He was at that time anagent for Mr. Crampton. Q. Where is he located ? A. He was sent to the West—to Cincinnati ; to aid Col. Korponay. Q. (Letter shown witness.) Is that his letter to you? A. That is Mr. Turnbull’s letter to me from Cincinnati. Mr. Van Dyke offered the letter in evidence. Mr. Cuyler objected. The objection was sustained and the letter ruled out. CHAKLES RUMBEEG, sworn—Examined by Mr. Van Dyke. Q. What is your business ? A. I have been editor of the Philadelphia German Democrat, and I am now editor of a German paper at Pottsville, and co-editor of the Adopted AmericanhQiQ. Q. Will you state whether you have ever been in the army ? A. Yes, sir, I have been in the army of several German States. I have been cap¬ tain. I came to this country nine years ago. Q. State whether you ever saw Mr. Crampton ? A. I have not seen Mr. Crampton. I have seen Mr. Matthew. 0. Will you state what took place between you and Matthews ? A. After having read the proclamation and resolution of the British Government, for enlisting able bodied men for the “Foreign Legion.” Q, That is the one passed in Parliament ? A. Yes, sir; asking for recruiting able-bodied men for the “foreign legion.” I went to Mr. Matthew, and said to him that I could enlist from 400 to 500 men. Well, I made no arrangements in relation to the enlistment with Mr. Matthew, but I gave him a letter to the British Minister of Foreign Affairs in London, and he told me he would transmit it there. Q, How long after that did you see Mr. Howe ? A. Six or eight weeks after that. Q. Where did you first see him ? A. He came to my office in Third street, and asked me to agree with him as to the terms for enlisting men for this legion, and I replied to him that I would come on another day to see him for the arrangement of that matter. I went to him, and met there Hr. Hertz. Q. Where at ? A. Jones’ Hotel. Q. What took place there ? A. After having some conversation with him, I considered it too hazardous and dangerous to go in that concern, and then I retired. I declined to engage. Q. Did you see him afterwards ? A. Yes, sir; but at that time Mr. Howe promised to give me a commission in the “legion.” Q. Was Mr. Hertz present at that time? A. Mr. Hertz was present at that time. Q. What else did he say to you ? A. That was all, Q. What inducement did he hold out to you in order to get you to go into this business ? A. I did not know at that time precisely that the laws of the United States forbid the recruiting, and not believing that it was against the law, I would have gone into 46 it, but after having consulted with many of my friends, I came to the resolution to decline. Q. Did you see him afterwards? A. Ko, I did not see him after that. Q. (The original drafts of the proclamation which Mr. Strobcl testified was the hand-writing of Mr. Howe and is given above; see page 41 for this paper,) was here shown the witness, and the question was asked him whether he had ever seen it? He answered, I have seen that paper before ; I have translated it, and it has been insert¬ ed in the Philadelphia Democrat, German Democrat, and Free Press. Q. Who asked you to translate and insert it ? A. Mr. Hertz. Q Did you ever go to Mr. Hertz’s office ? A. I have been to it once or twice ; it was only to see what was going on. Q. Did you ever go to collect money for his advertisement? A. Ko, sir. I think Mr. Murris, the clerk, did that. Q. What was going on there when you went there? A. I have seen there many men, but it was not my business to look at it. Q. Did you ever ask Hertz, or did he ever tell you without being asked, how many men he sent to Halifax? A. Yes, sir, he told me he sent 100 or so on to Halifax. Q. Did he say what he sent them for ? A. No. Q. Did he tell you who took them? A. It was only in a conversation in the street, and I was not particular. Q. Did he ever say anything to you in reference to your going there yourself to take the command ? A. Yes, sir, he has told me to go and I have replied that I would not. Q. How often did you see Hertz in the presence of Howe? A. I believe, twice. Q. When was the second time? A. That was when I declined. C. Was Mr. Hertz with Howe when you saw him at your office ? A. No, sir, there was nobody with him. Q. You only saw him then, once at your office and once in the presence of Mr. Hertz, at Jones’ Hotel. A. Yes, sir. Cross-examined by Mr. Pvemak. Q. Did you not know Hertz before Howe introduced him ? A. Yes, sir, I have spoken to him. Q. You have stated that at first you were inclined to go into this matter. Did not you write in your paper articles in favor of the “Foreign Legion?’’ A. No, sir. Q. Did not your paper contain such articles; A. I believe not. Q. Do you not remember that the Democratic paper, at whose head you were at the time, had articles against it? A. I believe it had articles against it. Q. .4nd was not you yourself in favor of this “ Foreign League ? ” -V. No, sir, I was not in favor of it. Q. Did you not induce Hertz to put in that advertisement? A. No, sir; he desired me. I translated it. Q. Did not you go to Mr. Howe in order to induce him to do something in re¬ lation to this translation ? A. Not to my recollection; nothing of the kind. Mr. Van Dyke here showed witness an advertisement in a German paper, and asked him whether it was a translation of the original paper which was handed him ? A. It is the translation. Q. You put that in at whose request? A. For a month, I think, Q. Who asked you to publish it ? A. I published it at the request of Mr. Hertz. Q. By Mr. Cuyler—Where did he (Hertz) ask you to translate it? A. He asked me to translate it and insert it in our paper. Q. By Mr. Cuyler—At what place did he ask you that ? A. I remember not, but I believe it was in his ofBce. Mr. Cuyler. You are perfectly sure that Hertz asked you? A. I am sure Hertz asked me to translate it and insert it in the Free Press and Philadelphia Democrat. Ml'. Cuyler. Did Hertz personally himself ask you? A. Yes, sir. Mr. Van Dyke here gave in evidence the German translation of the original pro¬ clamation, as published in the German papers of this city. The original can be found in Strobel’s testimony on page 41. THOMAS L. BUCKNELL, sworn.—Examined by Mr. Van Dyke. Q. Will you state to the Court and Jury all you know of this matter? A. Well, on the 18th of March it was I heard that the Hon. Joseph Howe, who was either President or Director of the railroads in the Province, was in New York, and p went on in the 5 o’clock train. I wished to see the procession of the 17th of March, “St. Patrick’s day,” and I thought I might see both together. I saw him at^half- past 11 o’clock, on the 16th, at Delmonico’s Hotel. I spoke to him of what I had visited New York for, and he told me he would see me again and see what he could do about giving me employment as Civil Engineer. He said you can be of use to me in one or two matters while in the city, he gave me some ten sovereigns I think to go to bank to get changed into American money and buy some stationery. Well, I bought the stationery, and got the money changed, and went back and gave the money up, and that was the last I saw of him on that day. On the 17th, I called again, and he asked me to dine with him. I dined with him about half-past 4, and showed him my testimonials from different engineers. Two or three gentlemen came in while at dinner, and the conversation stopped about what he could do for me. I do not think I saw him then until Monday, and he asked me, if in 4he course of my walks through the city I would call for him at the Metropolitan Hotel, and see if there were any letters for him. I called there and got two letters and brought them to, him he had gone out for the evening and I left them with the bookkeeper, I forget now whether I sent them up to his room or left them with the bookkeeper; I called next day, I think it was on Tuesday, and he asked me whether I would like to go on to Philadelphia and IVashington; I said it was all the same to me where I go, for I have nothing else to do; so he gave me a parcel tied up, I don’t know whether it was directed or not, to leave with a man by the name cf Hertz, at No 68 South Third street, Philadelphia; I brought the parcel on and called next morning at No 68 South Third street, and asked if there was a man by the name of Hertz there; there was a small sized man in the room and he s.aid that Mr. Hertz was in the next room and he would call him; he called him, and he come out and said I am Hertz; I then said the Hon. Joseph Howe directed me to leave this with you, and you will please give me a 48 receipt for it; I then left the parcel. That was all the conversation I had with him on that occasion; I left his office and went with some printed or sealed documents to Washington. Q. From him ? A. No, sir, from Howe. I did not get any answer to those. I came back again. Thesealeddocuments were directed to Mr. Crampton. He, Mr. Crampton, asked me when I left New York. I told him about leaving this parcel at Hertz’s, and he told me he would recommend me to call back that way and get it again. Q. You are sure it was him? A. Yes, sir, I am certain. He told me to call that way again. I called at Hertz’s office on my way back, and gave him the receipt I had taken for the papers, and took away the papers I had left at his office. That was the last I saw of Hertz until I saw him at the office. Q. What papers were they? A. They are the printed circulars that came from Halifax; the circulars with the British Coat of Arms upon it. ^ Judge Kane—The witness spoke of that as an enclosed parcel ? Witness—There was no cover on it, there was only a piece of twine around the parcel and I could see what they were. I took them when I came back and rolled them up myself and brought them back to New York. [Circular shown witness with the British Coat of Arms upon it, a copy of which is already published. See copy on page 15.] That is the circular I saw. Q. You went back to New York after that? A. Yes, sir. Q. Did you see Howe? A. Yes, sir. Q. Were you there when Mr. Strobel came ? A. Yes, sir ; I saw Mr. Strobel. Q. did you give him any money ? A. No, sir, not to Mr. Strobel. At the request of Mr. Howe, I gave $100 to Mr. Hertz. Q. To Mr. Strobel and him together ? A. Yes, sir. Q. At the Astor House ? A. No, sir, at Delmonico’s. Q. What did Hertz do with the money ? A. I do not much mind. Q Did not you see what he did with it ? A. I saw him get a receipt for part of it from Mr. Strobel—I believe it was $80 00. Q. Did you see the men that Strobel had there ? A. No, sir. MAGNUS BENAS, affirmed—Examined by Mr. Van Dyke. Q. Where do you live? A. No. 218 North Fourth street. My business is pocket-book making. I know Hertz. Q. State what you saw in reference to these enlistments ? A. I got acquainted with Hertz about eight days before he was arrested. I was down at the wharf as the steamer Sanford left, and I was in his office on the same day and afterwards. I got in his employ about a week afterwards. Q. You got in Hertz’s office ? A. Yes, sir, in Mr. Hertz’s employ. Q. About eight days before he was arrested ? A. No, sir, after he was arrested—about the 2d of April. Q. Still in the same office ? A. Yes, sir. Q. Well, then, what did he engage you for ? A. Well, for transacting his business. It was a commission office. 49 Q. Did you write that card to Halifax at his request? A. I wrote that card on my own account. It was for an acquaintance of mine, and I wrote it on my own account. Q. Do you know anything about the office for recruiting, and Mr. Hertz’s connec¬ tion with it ? A. Well, I heard something, but I did not know anything before. Q. Did he tell you anything about the office kept by the Baron Von Schwatzenhorn. State what you know about Hertz engaging Von Schwatzenhorn? A. There was a conversation between the Baron Von Schwatzenhorn and Hertz. By Mr. Cuyler. Q. In your presence ? A. Yes, sir, they met at 68 South Third street, and agreed that Von Schwatzenhorn should see to getting the men, and Hertz procured the vessels to bring them to Hali¬ fax, and accordingly Hertz sent me at different times to the office of the English Consul to enquire about vessels loading for Halifax. Merchant vessels, mostly schooners. Q. That was for the men whom Baron Von Schwatzenhorn was getting? A. Yes, sir. I was about four or five times in the office and got about five vessels, two of the vessels I recollect the names of, they were the “Gold Hunter” and “ Boneita.” Q. Were men sent in these vessels? A. Yes, sir, they were sailing vessels, direct for Halifax. Q. Were they English vessels? A. Yes, sir, I guess so ; I do not know sure. Q. Did you see any of the vessels ? A. Yes, sir, 1 saw them all. Q. Did you see the names of any of them? A^ Yes, sir, I told you. Q. Where did they hail from ? A. I do not know. Q. How many men did you ever see off in a vessel ? A. I saw them off, once four men and another time six, but never more than six were in one vessel. Q. What was the character of these vessels ? A. They were schooners. Q. Was it at the request of Hertz that you went to the British Consuls to know when merchant vessels were going to sail for the purpose of sending the men Baron Von Schwartzenhorn had engaged ? A. Yes, sir. ' Q. Where did the Baron Von Schwartzenhorn keep his office ? . A. He lived at the corner of Fourth and Brown. Q. This was after the arrest of Hertz ? A. Yes, sir, it was. Q. Do you know at whose request the Baron commenced to engage men ? A. I do not know. Q. (Card shown witness, a translation of which is published at bottom of page 44 ante.) Look at the bottom of that card and say if you have not stated at whose re¬ quest you wrote it ? A. I did it of my own accord, and wrote that down to let Mr. Strobel know that I was in the employ of Hertz. Q. Is it not written at the request of Mr. Hertz, at the bottom ? A. I wrote it so, but it was on my own account. Q. Do you know Schuminski? A. Yes, sir, I saw him. He was not engaged at the request of Mr. Hertz, but of the Baron Von Schwatzenhorn. He was with the Baron. Q. They acted together ? A. Yes, sir. 4 50 Q. Do you know how many men the Baron got altogether ? A. No, sir, 1 do not know, I guess about twenty or twenty-six, I cannot tell for sure. Q. Did Hertz ever tell you how many men he sent altogether? A. No, sir. Cross-Examined by Mr. Remak. Q. Mr. Baron Von Schwatzenhorn was not requested then by Mr. Hertz to send men? A. No, sir. Q. Do you know AVinsor and other gentlemen who procured the vessels? A. I do not know anything about it. Q. AVas Mr. Hertz exactly in the position of AVinsor and other gentlemen who had vessels at their disposal ? A. I do not know. Mr. Hertz sent me to the English Consul to inquire about vessels loading for Halifax—that is all I know. I know they were for sending the men to Halifax that the Baron A^on Schwatzenhorn procured. Q. Did you not know that the Baron was indicted in this Court? A. Yes, sir, I knew that. By Mr. Van Dyke. Q. Do you know where he is now ? A. In Halifax. 0. AVhat is he doing ? A. I do not know. CHARLES BURGTIIAL, sworn—This witness was a German, who could not speak English, and Mr. Theodore H. Oehlschlager was sworn as interpreter. Examined by Mr. Van Dyke. Q. AVhere are you from ? A. From Vienna. Q. In what service have you been ? A. Military. Q. In what military service ? A. The Austrian. Q. AVhat official position did you hold? A. I was a Major and Lieutenant-Colonel in the Engineer service. Q. AVhen did you come to this country ? A. The 28th of September, 1848. Q. AVhere had you been located with your command before you came here ? A. In Hungary. Q. At what place ? A. At Komorn. Q. Did you at any time see Mr. Crampton in reference to recruiting for the British government ? A. Yes, sir. Q. State when you first saw him, and how you happened to go to see him A. I was engaged as Superintendent on the Panama Railroad, but being sick, re¬ turned to the United States and went to see Mr. Marcy and Mr. Cushing and other gentlemen, and when in AA^ashington became acquainted with Captain Strobel. I knew Mr. Strobel previous to this, five years before. Mr. Strobel informed me that Mr. Crampton was seeking officers for this business. In the' end of February I went out with Mr. Strobel to see Mr. Crampton; I went to Mr. Crampton’s with Mr. Strobel, he was not at home; he was at a dinner party at Mr. Marcy’s; I left my card there, and went to Baltimore to my family; four or five days afterwards I re¬ ceived a telegraphic despatch from Mr. Crampton, requesting me to return to AVash- ington; the next day I did so ; I went over there, and was with Mr. Crampton, and •held a conversation of over an hour with him, relative to this recruiting business; he made me a proposition, requesting me to enter the regiment as Colonel; I observed to him, that I would not enter the service unless there was a perfect security, as to my getting a commission as I did not wish again to enter the service of a despotic power. 51 Q. What do you mean by “perfect security ?” A. I mean a commission from the Queen, as no one else 'was able to give a com¬ mission. Q. What else occurred ? A. Then I came to Philadelphia in the beginning of March, and s.aw Strobel here ; I also made the acquaintance of Mr. Hertz ; about the 10th or 12th of March, Mr. Howe came here and visited me. Q. Did Mr. Howe call on you of his own accord ? A. He looked’ for me and visited me of his own accord, having heard from Mr. Kumberg that I was here. Q. State the conversation between Mr. Howe and you ? A. He'made the same proposition. He stated that he had officers here, in Balti¬ more, in New York, in Chicago, and in different parts of the country. He then told me that he would obtain for me a commission; that he had authority from Mr. Crampton so to do ; I refused the offer, having other employment here at the time. Afterwards, Mr. Howe visited me with two or three other gentlemen, and invited me to Jones’ Hotel. I went to him and dined with him and these other gentlemen. I informed him at dinner of my opinion in relation to this recruiting business, that it had been forbidden in the U. S. He showed me two placards, one in German and the other in English, and also a journey card and ticket, and told me that he did not think he could be laid hold of in the matter. Mr. Bemak—He said that he felt certain that nothing could be done to him ? A. That nothing could be done against him in the United States. He also requested me, if I came to New York, to visit him at Delmonico’s Hotel. I went there, but did not meddle any further in the matter, nor go to see him. Q. Did you at any time see Mr. Hertz, or have any conversation with him ? A. I saw Mr. Hertz very often when I came to see IMr. Strobel. Q. Where at? Mr. Hertz’s office in Third street. Q. What was he doing ? A. I do not know; he was writing; people came there for him, they came to see him. Q. Did Hertz have any conversation with you ? A. I said nothing to him, I simply saluted him. Q. Plad he any conversation with you in reference to recruiting men ? A. Yes, sir, I think he spoke of it. Q. What did he say ? A. He said that he sent people to Halifax, but not for military service, that he had a commission to do so. Q. What did he send them for ? A. I had my opinions as to why they were sent there, but I did not tell him, nor did he tell me. WILLIAM BUDD, sworn—Examined by Mr. Van Dyke. Q. Are you acquainted with Mr. Hertz ? A. Since the 13th of March. Q. Where were you made acquainted with him ? A. I was introduced to him as the agent in this city for the recruiting for the “foreign legion.” 52 Q. State what took place ? Judge Kane—'What was the character of the introduction ? ■Witness—He was introduced to me as the agent, by my friend, Mr. Strobel. We went down there one morning, and after some preliminary conversation between Hertz and Strobel, he introduced me to him. Strobel remained in the outside room, and he asked me whether I would go to Halifax ; he said that he was agent of the foreign le¬ gion, and asked me whether I had called to receive information about it; I told him I had; he then told me that commissions were to be issued for men, who would go on there, and he supposed that I would get one ; I then gave him my address, and he re¬ quested me to call again, and he would let me know when the first expedition started, to stop in every day and see him, and see what was going on. I did so. He engaged me to go on there, for the purpose of obtaining a commission. Q. State the conversation fully, that occurred between him and you, in reference to your going there ? A. Well, we had a great many conversations ; almost every day we talked about it. Q. When did you first agree with him to go to Halifax, for the purpose of obtaining a commission ? State the conversation that then took place. A. I did not agree on the first interview, I told him I would think about it. Q. What did he say at that interview ? A. He promised me a commission. Q. Did he ask you to go with that view ? A. Yes, sir, he did. Q. And you told him you would think about it ? A. Yes, sir. Q. What next took place ? A. After two or three days, he asked me if I had made up my mind; I told him yes, I would go to Halifax and see what took place when I got there. He then intended to send me with Capt. Strobel, but I concluded not to go; there was not men enough going, and I preferred to hear from him and hear how he got on when he got there. It was on a Sunday when he started, and I did not go with him. Q. What did you do from the Sunday up to the time you started ? A. On Monday, Hertz was in New York. Q. Who had charge of the ofnee while he was gone to New York ? A. Bosschart and myseK were there, and we took several persons down who came in there. Q. Did you do that at the request of Hertz ? A. We did at his request. Q. Who was Bosschart acting for ? A. I understood he was acting for Hertz. Q. Did you raise any men in that time ? A. About 25 or 30. Q. What did you do with them ? A. The day before we started they all came there, -and we gave them tickets and told them to be down at the New York boat next morning. I went down there after I received instructions from Hertz where to go to in New York. Q. What instructions did you receive from him 2 A. He told me to go to Delmonico’s Hotel, and call and see Bucknell. We started, and did not get any further than the Navy Yard when we were arrested. Q. You took the men? A. I did not take them, they were down on the boat. Q. They were in your command ? A. I had no real command. I was considered as leader of the party. Q. By arrangement with Hertz ? A. Yes, sir. Q. How many had you ? A. About 30 when we started. I only saw 12 when the arrest was made. I think 53 there was 30. It was on a Wednesday. I am not sure whether it was on Wednesday following the Sunday that Strcbel went on with men. Q. Did you see the men go on the boat? A. I did, sir, and told several of them to hurry up or they would lose their passage. I took the tickets from them after we had started down the river. Q. What boat was you on board ? A. The Delaware or Sandford—one of the New York line. The Delaware, I think. Q. (Tickets shown witness same as copied on page 35.) State whether those are the tickets used? A. I do not know; tickets like those the men had, and after they got on the boat the Captain told me to muster them and take them up. Q. They got those tickets from Mr. Hertz and/yourself you have said, where did you get the tickets you gave them? A. From Mr. Hertz, and when the tickets were taken from them I gave them other tickets which the clerk of the boat gave me. Q. Who settled with the boat for those tickets ? A. I do not know. Q. You started in the boat and were going down the river? A. Yes, sir. Q. What happened then ? A. When I mustered them and found there was so few, I was looking for the rest, when Mr. Jenkins came up to me and told me he would like to see me, that he had a warrant for me, and the Marshal would be up alongside in a steamboat in a few miu- utss; I told him very well, they searched me for papers and brought me up to the office; I do not recollect the names of any of the company. Q. Had you a muster roll ? A. I had. Q. Where is it ? A. I rather think I tore it up when I was arrested. Q. (Book containing the names of the men who enlisted at Hertz’s office shown.) Do you know that ? A. Yes, sir. Q. What is it ? A. I cannot say exactly whether it is part of Strobel’s company or mine ; I rather think it is mine ; several of the men who had enlisted to go with Strobel’s company, did not go with him, but went with me, and this list is part of Strobel’s and part of mine, I think ; I do not know whose writing it is in ; Mr. Hertz gave me the list, and I sup - posed he wrote it; I have seen the book in Mr. Hertz’s office. Q. (Paper shown witness containing a list of names.) Do you know if that was the list of your company ? A. I think it was, to best of my knowledge, and I think I made those marks on it. I had no list besides this. Q. (Another paper shown witness similar to the first.) Is that a copy of this? A. Yes, sir, I expect so. Mr. Van Dyke'here ofifered in evidence the list of names which the witness identi¬ fied as containing the names of the members of this company, from which some of the bills had been drawn. The list is read in evidence. Q. Do you recollect the names of James Johnson or Peter Muhn ? A. I do not. Q. Do you recollect Mr. Bucknell’s coming into the office with the handbill ? A. Yes, sir. Q. Do you know whether Mr. Hertz took them, and what he did with them. (Bill containing the British Coat of Arms shown witness, same as copied on page ante 15.) Is that the bill ? A. Yes, sir. Q. AVhat did Mr. Hertz do with them ? 54 A. Several were stuck up around the office and on the outside, and several were sent to be distributed. I understood they were sent aroxind to the Lager Beer Saloons. Q. What became of the bills ? A. Mr. Bucknell took some away, and the rest were burned. Q. How did that happen ? A. I went in one morning and saw some excitement, they were shoving the papers in the stove, and they told me that IMr. Bucknell had taken the rest of them away with him. Q. Did you ever see Mr. Perkins in the office ? A. No, sir. Q. What did Mr. Hertz tell you was to be the destination of the men you took ? A. Halifax. Q. What were they to do there ? A. To enlist in the foreign legion if they were found physically competent. Q. Was there a physician at the office for the purpose of examining men that came there ? A. No, sir. Q. Do you know what he was paid for getting these men ? A. I do not know the exact agreement. Q. Did you ever see any telegraphing or letters written by Mr. Hertz ? A. Yes, sir. Q. State what the telegraph contained? A. I saw him write a telegraph dispatch to Bucknell; he told him to wait. Q. Did you see any letters written by Hertz ? A. Yes, sir. Q. State what it contained? Mr. Cuyler objected. Q. To whom "was the letter addressed ? A. To Mr. Bucknell. MR. BUCKNELL was here re-called. ^ Q. Have you got that letter written by Mr. Hertz ? A. I never remember his sending one. Q. Did you ever receive the telegraphic dispatch he sent you ? A. Not that I can remember. MR. BDDD’S examination continued. Q. State what was in that letter? ' Mr. Cuyler objected. Q. Where did you last see the letter ? A. On Mr. Hertz’s desk. Q. Who was at the desk at the time ? A. Mr. Hertz himself, he was writing at the time. Q. Have you seen it since,? A. No, sir. Q. Do you know whether it was ever put in the Post Office? A. No, sir. By Mr. Cuyler—Have you any knowledge of it except that it was a simple sheet of paper on which he was writing ? A. Yes, sir, he informed me of the nature of it and read part of it to me. Q. By Mr. Van Dyke—Did he give that letter to you after it was written? A. No, sir. Q. You have no knowledge of what became of it? A. No, sir. Q. Go on and state to the best of your knowledge and recollection what it was that Mr. Hertz wrote on that sheet of paper? A. Mr. Hertz was writing and I was waiting in the outer office, he asked me how I spelt my name and told me that he was writing about me, and stating that I waS coming on next day; I then went around to where he was writing, and he again 55 asked me how I spelt my name, and I looked over his shoulder and saw he was writ¬ ing to the agent in New York, that I was coming on with men, and he hoped, he wrote, that he would keep his word and send him on money at the rate of $4 for superior brands, and $2 for inferior brands. Q. What did he mean by superior and inferior brands; did he give you to under¬ stand ? A. No, sir, he did not. I understood this perfectly. It meant men. Q. Did you see him writing any telegraphic dispatch ? A. I saw him write a telegraph asking whether I should come on nest day or not, I forget who took it to the office. Q. Was there anything in it besides that ? A. He did not use my name; he asked whether he should send 20 or 30 parcels next day. Q. Do you know whether he got an answer? A. Yes, sir. Q. What was the answer ? A. “Yes.” It was signed “B” I think it was “ yes, all right.” It was in the affirmative. He then told me to get ready to go next morning. Q. Did he say anything to you in reference to getting directions in New York as to what to do ? A. He told me I would get directions for money or assistance from the agent at Delmonico’s Hotel to proceed on to Halifax. Q. Did he mention the name of the person there? A. He asked me whether I would know Bucknell again, and I told him yes. Q. Did Hertz give you any money before you left? A. No, sir. Q. Have you had any conversation with him after your arrest ? A. Oh, yes! Q. What was it ? A. He said so much I cannot state it. Q. State what he said in reference to this recruiting business after you were arrested ? A. After they had arrested me, the Marshal went on shore and arrested Hertz, at his office, and they kept us in the Delaware a couple of hours until they had prepa¬ rations made for our reception. The Deputy Marshal kept the boat out and when we came up to the office I found Mr. Hertz here. He said “all right, I will bail you out,” and I did not think any thing more about it until I was committed. Q. Did he say anything about remaining quiet? A. Not then, not until the latter part, when I had some difficulty in procuring bail. Q. What did he say to you then ? A. He said keep quiet, I will have you out ; he afterwards said something about the matter, it was to keep my mouth shut,it would be all right; I would be well paid for it. Cross-examined by Mr. Cuyler. Q. When was it you were arrested ? * A. I cannot exactly remember the day, but it is very well known ; I think it was in the latter part of March. Q. Was there any previous communication between yourself and the United States officers before the arrest? A. None whatever. ' Q. This arrest was not then in consequence of any conversation between yourself and the authorities, directly or indirectly ? * 56 A. No, sir. Q. Your arrest ■was a complete surprise to yourself? A. Yes, sir, to me, I ■was totally unprepared for it. Q. Where did the conversation take place when he told you to keep your mouth shut? A. Once down in the prison, and once in the Commissioner’s office. Q. By Mr. Remak. In what country were you born ? A. I decline answering that question, as it implicates myself. I have been advised to decline answering it. Q. By Mr. Van Dyke. Did you ever state under oath where you were born? A. Never. Q. By Mr. Cuyler. Do I undertand you to say distinctly that to answer the ques¬ tion, where you were born, would involve you in a criminal prosecution ? A. No, sir, but to answer whether I am a citizen or not, would involve me in a prosecution. Q. By Mr. Remak. Have you not been arrested and held to bail before the United States Commissioner, Heazlitt, on the charge of having retained and hired men for the foreign service ? A. I believe so ; that is the charge on which I was arrested and held to bail for a further hearing. • Q. And was you not on the 28th of March, 1855, a defendant before Commissioner Heazlitt; that was the day you were arrested ? A. Yes, sir. Q. Did you not turn State’s evidence on the 28th of March, against Hertz ? A. I believe that was the first day I gave evidence. Q. Did you not say before the United States Commissioner, that Hertz had prom¬ ised you money in case you would keep your mouth shut ? A. I did so at that time. Q. Did you not receive that money because you were in very destitute circum¬ stances ? A. No, sir, I did not. Q. Had you any money in your pocket the time you were in prison ? A. I had. Q. How much ? I had sufficient. Q. You stated in your examination in chief, that Strobel introduced you to Hertz, as an agent of the English government, why did you not say so before the United States Commissioner? A. I said so; I do not know whether I used the exact words, but to the same sense. Q. It is here in the published report of the proceedings, that you said:—“ I was introduced to Hertz about the 15th of March, by Mr. Strobel; was introduced to Hertz as the person who would give me all the information about organizing the foreign legion in Nova Scotia.” Did you not say that? A. Yes, sir. Q. You said to-day, that you was introduced to him as the agent of the English government ? A. For that purpose. Q. Did you or did you not state before the United States Commissioner, that Hertz was introduced to you as the agent for the English government; you say now that he was introduced to you as the agent of the English government ? A. He was introduced to me as agent appointed in this city by the government for whom the foreign legion was to be raised. Q. You said that he was introduced to you there as the person who gave the infor¬ mation ? A. In that capacity. 5T Q. You did not employ the word agent ? A. I do not recollect it. Q. Did you not say before the United States Commissioner that it was left optional to any person coming into the office whether he would go to Halifax or not, or what he would do there ? A. I said that of course, it was left optional with the recruits to go to Halifax, but after they got there force was to be used to induce them to enlist. Q. Did you then state to the United States Commissioner that Hertz was the agent to enlist those persons for foreign service ? A. I did not say so. Q. Did you not state to the United States Commissioner that Hertz sent men to Halifax, and it was immaterial to him what they were going to do there ? A. I do recollect that Hertz sent them to Halifax for the purpose of being en. listed in the foreign legion, of course he had nothing to do with them after they got there. Q. Do you remember the 31st of March, when Kichard Vaux was your counsel, and when Benjamin Rush made that great speech, was not you a defendant at the begin¬ ning of that period ? A. I do not know. Mr. Van Dyke. There is no dispute about it. He was a defendant, and was dis¬ charged by the Commissioner by my direction. Mr. Remak—It is for the Jury to know ; I desire to know, whether or not the wit¬ ness, on the 31st of March, was a defendant, and had made up his mind to turn State’s evidence at the time ? Mr. Van Dyke—I discharged him for the purpose of using him as a witness. Mr. Remak—I desire the answer of the witness. Witness—I think I made up my mind ; I think so, I am not positive. Q. Did not Mr. Hertz say to you, that he had no power whatever to give commis¬ sions ? A. He said he had not power to issue commissions here. Q. He said he had no power to give any commissions ? A. Here. Q. Do you believe he had any power to do so ? A. I really do not know. Q. Was Mr. Strobel present when you conversed with Mr. Hertz? A. On some occasions. On the first occasion he was present during only the first part of the conversation. Q. Who else was present ? A. No person, Q. Did not you desire to see Mr. Hertz yourself? A. After I was informed that he was the general agent of the English government, I did. Q. Had you a desire to enlist in foreign service ? A. No, sir, I was not going to enlist, I was to receive a commission, not to enlist. Q. And you say Hertz did not promise you any commission at all? A. I did not say so. I said he promised me that the fact of my going on there would insure me a commission when I got there. Q. He had not power to give one ? A. Not here. Q. From whom did you receive tickets ? A. From Mr. Hertz. ' Q. What were the tickets for ? A. To give to those men I was going to take on, to get their passage. Nothing else was given to the men. Q. You state, I think, that able bodied men could be attested in Halifax, if they proved physically competent ? A. Yes, sir. 58 Q. Did you hear Mr. Hertz say at anytime that “physically competent” men ■would be received at Halifax ? A. No, sir, not these exact words ; he has said if they were sound, and has asked me if they were all right. Q. Why did you not say that before the U. S. Commissioner ? A. I suppose I was not asked; I do not know the reason I did not. Q. Did not your examination before the U. S. Commissioner last for some time, for two hours ? A. I do not know ; it lasted for some time; I could not exactly say what time. Q. Was not you asked at the time all you knew about it? A. I was, but I may have forgotten some particulars; I had heard so much that I could not remember exactly all. Q. How comes it that you remember it now and not then ? A. There is some conversation which I related then that I cannot remember now, Q. Who have you had conversations with in the meantime about this proceeding, that is, from the 31st of March to this 23d of September? A. With a great many persons with whom I am acquainted, I merely talked the matter over. Q. Was not you very partial to carrying on the war in Europe against Russia, and for that reason you wanted a commission? A. I do not know, sir; I never remember expressing my sentiments; I wanted to go there to have a fight, and I did not care which side I went on. Q. Have you not changed since that time in regard to the war in Europe ? A. No, sir, not in the least. Q. You are now on the Russian side ? A. No, sir, I am not nowon any side. Mr. Van Dyke here stated, that as the attorney for the defence (Mr. Remak) had seen fit, in order to impeach the testimony of Mr. Budd, to read a part of his testi¬ mony before the U. S. Commissioner, in justice to Mr. Budd, he deemed it proper, in corroboration of the testimony of the witness, to read the whole of the testimony be¬ fore the commissioner, that the jury might see that there is no discrepancy in the two statements. (Mr. Budd’s testimony before U. S. Commissioner Heazlitt, is here read by Mr. Y.) JOHN JACOB BOSSCHART, sworn—Examined by Mr. Van Dyke. Q. Do you know Mr. Hertz ? A. Yes, sir. Q. How long have you been acquainted with him ? A. I guess I got acquainted with him last March. Q. Where did you first get acquainted with him ? A. I do not know exactly whether I got acquainted with him at my own house or first at his office. No. 68 South Third street. I think it was at my house. I was in the habit of attending his office during the month of March. Q. State all that took place between you and him, and between him and other per¬ sons in relation to enlisting for the Foreign Legion? A. I was first made acquainted with the business by Mr. Leob. He told me that Mr. Hertz had entered into the business of recruiting for the British foreign legion. Sometime afterwards, Dr. Biell, who was boarding with me at the time, told me about it, and I soon after saw an advertisement in the German Democrat, Pennsylvanian and Ledger, that they wanted men for the British foreign legion, that every one who choose to go to No. 68 South Third street, would learn the particulars. Dr. Biell and Asch- 59 enfeld went down there and I went too, to see what was going on; I saw the officers and men going there ; and spoke to Mr. Hertz about this foreign legion, and about their pay and commissions. Some of them signed their names in the book, and some of them were taken down by Hertz himself. Q. What was the character of the conversation which took place between Mr. Hertz and the men when they came up there ? A. The men came in and generally asked if that was the recruiting office, or office to enlist men for the Foreign Legion, the reply generally was that that was no recruit¬ ing office, and that they could not be enlisted there, but if they choose to go to Hali¬ fax, they might be enlisted there ; then he showed them the handbills which stated that $30 bounty was given, and $8 a month to the men ; he said that it was in his power to give them a commission. Q. (The handbill shown witness containing British Coat of Arms, already published, see page ante 15.] Is this the kind of handbill which he showed them? A. Yes, sir. Q. What did the men say they wanted to go to Halifax for ? ^ A. They wanted to go to Halifax to serve in the foreign legion, that is, the men who came to the office. 4 Q. Did he engage them to go there for that purpose ? A. As I understood, he engaged them to go for that purpose. Q. To enlist when they got there ? A. Yes, sir. Q. And they told him that that was their intention when they got there ? A. Yes, sir, they told him that. Q. How long were you vfith him in that office ? A. I was there every day from the beginning of the business until we were arrested. Q. Do you recollect any physician who examined the men ? A. Well, I recollect that Dr. Biell examined some of them. Q. Do you know what Mr. Hertz was to get for sending on these men ? A. No, sir. Q. Do you know who employed Mr. Hertz to do this business ? A. I was told Mr. Howe employed him. Q. Who told you ? A. I do not recollect who told me. Q. Do you recollect Mr. Hertz ever saying anything about it ? A. I heard Hertz talk frequently about Howe, but cannot recollect distinctly that he said that Howe employed him. Q. Did Hertz, in speaking of the manner in which he was employed to conduct this business, speak of Howe as being connected with his being employed ? A. Yes sir. Q. Did Mr. Hertz ever say anything to you about Mr. Crampton having employed him? A. He told me he had seen Mr. Crampton on the subject. Q. What did he say had taken place between him and Mr. Crampton ? A. He did not say what had taken place between him and Mr. Crampton—not that I recollect. Q. You recollect the departure of Captain Strobel and his company? A. Yes, sir. Q. Were you at the wharf at the time ? A. Yes, sir. Q. Was Hertz there ? A. Yes, sir. Q. To assist in getting them off? A. Yes, sir. Q. Did he engage that company to go to Halifax ? A. Yes, sir. Q. For what purpose ? ‘ 60 A. For the purpose of enlisting in the Foreign Legion as I understood. Q. Do you know whether he went to New York to make arrangements for sending that company from New York to Boston? A. That company started from here on Sunday morning, at 10 o’clock, and Mr. Hertz went to New York on Sunday night, in the half-past 1 o’clock train, to make arrangements to see that the men got off from New York; he returned to this city on Monday night or Juesday morning; I saw him on Tuesday morning again in the office. Q. While he was away who had charge of the office? A. I had charge of the office. Q. Were you directed to conduct the business for him while he was away ? A. Yes, sir. Q. And those men who were enlisted during the absence of Hertz on Monday, were engaged by you at the direction of Hertz ? A. Yes, sir; I took the names on a piece of paper as directed, and told the men Hertz wbuld be back on Tuesday, and find a vessel to bring them on to Halifax. Q. Why did you not take the names in the book during his absence ? A. I guess I was directed by Hertz to take them down on the paper. Q. (Paper shown witness.) Is that in your writing? A. I could not say whose writing it is, some of it is written by me, two of the names are written by me, Robert Korn and Peter Sable ; it is the list which was kept in the office, that list contained the names of those who engaged to go. Q. (.Another paper shown.) Is that another list of the names kept in the office? A. Yes, sir ; there is none of my writing on that. Q. (Book containing the names of those who enlisted, which has already been partly published, shown.) Look at that book and say whether you see any of Hertz's writing in it ? A. The names on the first”page, I think are all written by the men. On the second Jjage also, and on the third page some of them are written by Hertz. Q. (List of officers in the back of the book shown witness.) What is that? A. That is the list of the officers. It is in Mr. Hertz’s writing. It contains the names of Strobel, Esson, Shumann, Biel, Lisepenny, Budd, Aschenfeld, Riter and Anglere. I know those men engaged to go as officers—some of them as non-commis¬ sioned officers, and some of them as commissioned officers. Q. Do you know what pay Mr. Hertz got for this ? A. No, sir. Q. (Tickets shown.) Did you see many of this kind of tickets about the office? A. Yes, sir, there was a great many of those tickets. Q. Did the men who went in Strobel’s company get any tickets? A. I guess so. I am not certain. Q. (Another book shown.) Do you know thOit book ? A. I saw that book once there. Q. Whose writing is that in it? A. I guess it is the writing of a man in the employ of Mr. Hertz, Mr. Holm. I do not know exactly, but I think so. Book read in evidence, from which it appeared that Hertz was debited witli $750 and credited by cash, with $300, and then charged with 758 tickets. Q. Do you know who he got that cash from ? A. No, sir. Q. (Some handbills were shown witness, same as on page 16, ante.) How many of those handbills did you see about there ? 61 A. I could not tell how many. I saw a package of them, Mr. Bucknell brough them. Q. Were any of them posted about ? A. Yes, sir. Q. By whom? A. I cannot tell. Q. Who directed it to be done ? A. Mr. Hertz. Q. Do you know who paid the German Democrat for the advertisement of this call ? A. Mr. Hertz did. Q. Where did he pay ? A. In his office. Q. Who called for it ? A. The clerk of the Democrat, Mr. Morris. Q. Did you see him pay ? A. I saw him pay. Q. You were arrested at the office ? A. Yes, sir. Q. With Mr. Hertz on the morning that the steamer started ? A. Yes, sir. Q. Was it before or after the men were arrested ? A. On the very same day. Q. It might have been earlier in the day or later in the day ? A. It was after the men had started. Mr. Budd was put in command of them. Q. Do you recollect the list of the names of those who went with Mr. Budd? A. I think that is the last list shown me but I am not sure of it. Q. Do you know whether all those who went with Budd were engaged by Hertz to go with him ? A. They were engaged by Hertz to go to Halifax. The witness was here questioned by Judge Kane as to the larger book which he had identified as containing a list of the names of persons enlisted. Q. Was anything written in this book on the page preceding that containing the name ? A. No, sir, it is a list of officers, with their rank. Q. It has been cut out ? A. Yes, sir, the list of officers is cut out. Q. It was the list of officers with their rank ? A. Yes, sir, they put their names down, and the rank they were to hold there was put down by Hertz. I mean military rank. Q. That was all on the page cut out ? A. Yes, sir; there are two leaves cutout; one was for the commissioned officers and one for the non-commissioned officers; I recollect there is a list of officers writ¬ ten in the back of the book after they were cut out, and that was just a memorandum. Dr. PETER JOSEPH REUSS, sworn—Examined by Mr. Van Dyke. Q. You are a physician ? A. Yes, sir. Q. What country do you belong to ? A. Hesse; I have been in this country this 26 th of September is four years. Q. Will you state whether you came to Philadelphia in March or April last, and for what purpose ? A. I came to Philadelphia for the purpose of going to Halifax ; I was to go to New York and thence to Montreal; I came here induced by a proclamation in the Phila¬ delphia German Democrat; I went through here to New York, and from New York to Halifax. Q. Did you stop at Hertz’s here ? A. No, sir. Q. Why not? Mr. Remak objected. Q. Had Hertz been arrested at the time you arrived here ? 62 A. I do not know that, because I did not stop in Philadelphia ; I went to New York and Montreal, and then to Boston, and from Boston to Halifax in the Africa. Q. Is that the steamer ? A. No, sir, the bark Africa. Q. When you got to Halifax, where did you go, and who did you see? A. I went to the Provincial Building, and spoke with Mr. Wilkins and Mr. Bruce M’Donald. Mr. Remak—Be good enough to bring this home to Hertz. Q. By Mr. Van Dyke. Have you at any time had any conversation with Hertz, before or after that? A. No, sir. Q. When you arrived in Halifax, state what you did? A. I went to the Provincial Building and met Wilkins, the First Secretary of Nova Scotia, and the same day afterward I spoke with Sir Gaspard lb Marchant, the Gov¬ ernor of Nova Scotia- I sent some days before a letter in the French language to Sir Gaspard lb Marchant, and told him what I came to Halifax for—that I was induced by his proclamation. I had sent a man before to No. 68 South Third street, Philadelphia, to see what the business was, because it was in the proclamation that physicians and surgeons would be engaged with good pay, and this man came back and told me that the whole business had been stopped by the United States Attorney, and that he had spoken with one man on the subject, but he did not tell me his name a