Mr. Maguire, who no doubt acted according to the instructions of the American consul. The learned counsel then concluded by repeating his belief that there was no case to be sent to a higher court.

Mr. RAFFLES. Without making any remark upon the case, I will bind the defendant over in sufficient sureties to appear when called on. It is now only a question of bail. Mr. Lushington suggested that the bail should be two sureties of £250 each, and the defendant in £500, remarking that he (the defendant) would have no difficulty in finding the bail, as he had, no doubt, the whole of the Confederate States at his back. Mr. Highatt was also a member of the firm of Jones & Company.

Mr. RAFFLES. Oh, he won't be bail.

The defendant was ultimately bound over in two sureties of £150 each, and himself, in £300, to appear when called on, his sureties being Mr. Donald Kennedy, 3 India buildings, and Mr. Robert Hopwood Coddington, Roby.

Mr. Lushington observed that a summons had been left at Mr. Jones's house, but that gentleman did not appear, and submitted that a warrant should be issued for his appre

hension.

Mr. Raffles granted the warrant.

The proceedings then terminated.

[From the Liverpool Daily Post, January 28, 1864.]

THE TREASURY PROSECUTIONS.

Yesterday, at the Liverpool police court, before Mr. Thomas Stamford Raffles, the stipendiary, Mr. John Jones and Mr. John Wilding, the former a partner in the firm of Jones & Co., ship-store dealers and chandlers, 28 Chapel street, and the latter a clerk employed by that firm, appeared to answer the informations laid on behalf of the treasury, charging them with having infringed the provisions of the foreign enlistment act. The defendants, with Mr. Robert Highatt, were summoned to appear on Friday, the 15th instant, but as they did not on that occasion put in an appearance, the case as against Mr. Highatt only was proceeded with. As has been already stated, the tenor of the information was as follows: The first count charged the three defendants with having, in Liverpool, endeavored to procure three men to serve in the sea service of the Confederate States of America; the second count charged them with endeavoring to procure the men to embark from Liverpool for such service; the third count alleged such procuration by the defendant Jones on board the British ship Japan; and the fourth charged a conspiracy to procure.

Mr. Bateson, of the firm of Bateson & Robinson, appeared to prosecute; and Mr. Bardswell, of the firm of Littledale, Ridley & Bardswell, for the defendants.

Mr. Bateson said that the facts had been so recently before the court that he apprehended there would be no necessity to restate them.

Mr. RAFFLES. Oh! yes; there is no occasion to do so.

Mr. BATESON. Then I will at once call witnesses.

JOHN STANLEY, one of the witnesses examined last week, stated that at the end of March last he went to the office of Messrs. Jones & Co., in Chapel street, having heard that they wanted coopers for the Japan. He saw Mr. Highatt, who said this was correct, and, upon witness's statement that he wished to go, asked if he could get a few more, to which witness answered that he would try. He afterward engaged at the Sailors' Home, with Captain Hitchcock, in the presence of Mr. Highatt, to go in the vessel to Singapore, drawing an advance note of £4 10s. Finding that he could not get the note cashed, he went again to the office in Chapel street, and told Mr. Jones that if he would not cash it he would not go in the ship. Mr. Jones gave him half his pay, and promised to give the rest to witness's "mistress" after witness had gone to sea. He also told witness to be down at the Greenock boat on the following Monday. Witness went accordingly, and saw Mr. Highatt there, calling out the names and numbers of the men who were to go. At Greenock Mr. Jones came on board the steamer, and saw witness and the other men into the boat, which took them on board the Japan. The Japan went out on her trial trip, and did not return; witness sailing in her. On the coast of France they fell in with a small steamer, which came alongside and put guns, ammunition, and money on board the Japan. Mr. Jones was there superintending the transfer; and afterward he met witness amidships, and said it would be a good job for him if he would go with the vessel. Captain Maury was then on board, but in disguise; and in the evening he called the men out, and said the ship was going to sail under another flag, and would be called the Georgia. Mr. Jones stood by him as he said this. Captain Maury said they would receive £10 bounty, and £4 108. a month; and witness was to have £5 a month. Witness received an order to go into the cabin after this. He saw Mr. Jones and Captain Maury sitting there. The purser gave him £10 bounty, and he handed it to Mr. Jones, who said he would give it and

half-pay to witness's wife, and would do well for her and the children. During all this time Captain Maury was dressed in naval uniform. At midnight, they hoisted the confederate flag, saluted the steamer with three cheers, which were returned, and sailed away on a cruise, during which they burnt and destroyed all ships they met under the northern flag. Witness was made a citizen of the Confederate States-a free white man. In November, the Georgia returned to Cherbourg, when witness got twenty-four hours' leave and came to Liverpool.

Thomas Matthews, who had also shipped on board the Japan, made the same statement in more general terms, and stated that after his return to Liverpool, the defendant Wilding paid him money to enable him to go back to Havre, for the purpose of rejoining the ship.

The witness was requested to identify Mr. Wilding, who was in court; but he could not point him out.

At the request of Mr. Raffles, Mr. Wilding stood forward, and the witness then said he was not the person who had been represented to him to be Mr. Wilding.

Mr. Bateson applied for an adjournment of the case as against Mr. Wilding; and pressed for heavy bail in the case of Mr. Jones.

Mr. Raffles having intimated that he should send the case for trial,

Mr. Bardswell said he should reserve the defense.

Mr. Jones was then directed to find bail, himself in £500 and two sureties in £250 each, to appear at the next assizes to answer any indictment there to be preferred against him.

THOMAS GLASSBROOK, having been called, stated that he thought the defendant Wilding had paid him £3 at the time when the men were about to return to the Georgia; but he could not swear to him.

The case was then adjourned for an hour, to enable Mr. Bateson to bring further evidence.

After the adjournment,

BENJAMIN CONNOLLY was called, and at once pointed to Mr. Wilding (who had in the meantime made a slight change in his dress at the suggestion of his solicitor) as the person who had paid him £3 at the Havre steamer, to pay his passage back to France, for the purpose of joining the Georgia.

Mr. BARDSWELL asked what case had been established against Mr. Wilding? He had not been proved to have procured or hired anybody to serve under the confederate flag, but only to have paid somebody who had already been hired.

Mr. BATESON said the evidence showed that Mr. Wilding had paid money to induce the men to go back and serve on board the Georgia.

Mr. RAFFLES. There is also a charge of conspiracy in the information. There was evidence of a conspiracy to violate the foreign enlistment act; and a conspiracy to violate any act was a criminal offense.

The witness was further examined, confirming the evidence already given; and in cross-examination he said Mr. Wilding had not been described to him during the adjournment.

Mr. Raffles directed Mr. Wilding to find bail, himself in £50, and two others in £25 each, to appear at the assizes; Mr. Bardswell stating that in this instance also he should reserve the defense, although he had witnesses in abundance to deny all that had been said by the paid witnesses of the prosecution.

The witnesses were then bound over to appear and give evidence at the assizes.

[From the Liverpool Daily Post, April 1, 1864.]

THE FOREIGN ENLISTMENT CASE.

His lordship, alluding to the case of the Queen vs. Jones and another, said he had consulted his brother Willes, and they were both of opinion that it could not be tried at these assizes. He must therefore take upon himself to decide that it should not be taken, for he had clearly no jurisdiction.

Mr. Attorney General JAMES, Q. C., said, on behalf of the Crown, he had no objection to offer to the trial being proceeded with.

Mr. MELLISH, Q. C., said he was most anxious the trial should take place during the present assizes.

His lordship said even the consent of all parties to the case being tried could not give him jurisdiction in a criminal matter, and though he personally was perfectly willing to proceed, he could not legally do so. The case would not, therefore, be taken during the present assizes. It could be made a removet, or application could be made to take it into another court.

The court then rose.

[From the Liverpool Daily Post, Monday, August 15, 1864.]

LIVERPOOL ASSIZES, August 13.

Before the Lord Chief Justice Cockburn.

THE MANNING AND EQUIPMENT OF THE CONFEDERATE STEAMER GEORGIA.

This was a prosecution directed by the government in which Mr. John Jones and Mr. Robert Highatt, of the firm of Jones, Highatt & Co., Liverpool, were the defendants. They were indicted for having enlisted seamen for the service of the Confederate States. Mr. Attorney General James, Q. C., and Mr. Lushington were counsel for the prosecution. Mr. Temple, Q. C., and Mr. Baylis for the defendant Jones. Mr. Brett, Q. C., and Mr. Mellish, Q. C., for the defendant Highatt.

Mr. Lushington stated the terms of the indictment. The first fifteen counts related to the enlistment of a man named Stanley; the next fifteen to a man named Connolly; the next fifteen to that of a man named Glassbrook, and the last six to that of a man named Matthews. To all of them the defendants pleaded not guilty.

Mr. Attorney General James, Q. C., said he had the honor to appear to conduct, on the part of the Crown, a prosecution against the defendants, Mr. Jones and Mr. Highatt, for having violated an act of Parliament, passed in the year 1819, to enable the government of this country successfully as far as possible to maintain neutrality in the case of war between foreign states. And he was sure he need hardly tell the jury that the interests of this country required, that during the pendency of the most unfortunate civil war which was now prevailing in the northern parts of America, we should hold ourselves in all respects faithfully and steadfastly from taking part with either one or the other, and that no person should violate the proclamation which they all knew had been issued at the commencement of the war, whereby the government had warned all people against taking any part whatsoever, either directly or indirectly, and warned them of the consequences. He was sure they would agree with him, that it was incumbent upon everybody faithfully to discharge his duties so as to prevent any complication on the part of the government of this State involving her in difficulties with foreign powers, and leading, perhaps, if the matter is not put an end to, to difficulties which might end in war. Now he dare say it was matter of history-of a very late day of course, but matter of history-that a vessel was in the Clyde in the year 1863, owned by British owners, registered in the name of a gentleman called Bold, who was in partnership with the two defendants, Mr. Jones and Mr. Highatt; that that vessel, called the Japan, went out from the Clyde upon a trial trip; she met, apparently accidentally, upon the high seas, a small boat, a steamer, which she took in tow, and they went either to Cherbourg or off Cherbourg, and from thence this small steamer paddled away to some distance from land, followed by the Japan. They came alongside, and there was put on board that vessel called the Japan a quantity of arms and ammunition. That vessel's name was changed to the Georgia. She sailed either as a vessel of war belonging to the Confederate States or as a privateer, duly authorized by those States to act in that capacity. She made an expedition, he believed, as far as if not further than the Cape of Good Hope. She destroyed vessels belonging to the flag of the other belligerent, the federals, and acted in every respect as a vessel of war, and that, he was sorry to say, during the time when legally the vessel was owned by a British merchant. It was not until some two or three months after the Japan had departed from the Clyde, and during the time when she was committing these ravages as one of the belligerents upon the opposing power, that the legal ownership of his vessel was changed, and Mr. Bold ceased to be the legal owner. A greater scandal could scarcely by possibility exist on the part of a country which professed to firmly maintain its neutrality than to permit proceedings of that character to prevail, and not to seek to punish those who had vioÎated the law. The government of this country felt itself called upon to maintain its own character as a neutral, and called upon them as the jury impanelled to try the question if the facts were proved, which he (the learned counsel) should shortly state to them, to discharge their duties as faithfully as the government was now seeking to discharge its own. Now the defendants being in partnership with Mr. Bold, the registered owner of the vessel, Mr. Thomas Bold hired and engaged and endeavored to hire and engage persons to serve on board this vessel. The facts in detail they would hear from the witnesses, but the circumstances prevailing in one or two cases he would state to them, and there could be little doubt that the same system was pursued in all as in those. Resort was had to the Sailors' Home in this town. Men were wanted, and men were directed to go and did go to Messrs. Jones & Co.'s office. They were there unquestionably engaged to go out to the Japan, then lying in the Clyde. Arrangements were made for them to go down to a vessel which was to convey them to Greenock, where they were to go on board the Japan, which had never then been to sea. The men went down to the landing stage or the place from which they were to go on board the steamer, and there Mr. Highatt, one of the defendants, called over their numbers, not their names-they went by numbers; he mustered them in fact-as they went

on board, and they went to Greenock. At Greenock they were shipped on board the Japan. The Japan went out as he had stated, and off Cherbourg took on board the arms and ammunition, and then there appeared a gentleman of the confederate navy, Lieutenant Maury, first in his plain clothes, and afterwards he assumed the uniform of the confederate service. The flag was hoisted, Mr. Jones, the defendant, being on board, Mr. Jones having, there could be no doubt, gone in charge of the ammunition which were on board of the smaller steamer and superintended their being put on board the Japan. He was present when subsequently articles were signed by several of the men on entering the confederate service; he was cognizant of the whole thing, and he (the learned counsel) was not sure that he did not in some instances invite the men to enter the confederate service. However, to make a long story short, Lieutenant Maury and Mr. Jones invited and induced a considerable number of men, and among them some of the witnesses who would be called before the jury to enter the service of the Confederate States. They received £10 bounty and a variety of promises. They were to have half-pay advance-notes, and these were made payable at Messrs. Jones & Co.'s office in Liverpool, and Messrs. Jones & Co. did pay the notes when application was made. Mr. Jones took upon himself to guard and take care of one or more of the men's bounty, so that it would be puerile for an instant to suppose that Messrs. Jones and Highatt were not perfectly familiar with everything that was going on. To say that they were ignorant that this was a vessel of the confederate government, or a privateer licensed by that government, would be idle. No man in his senses could doubt by possibility, from these facts, that they were perfectly cognizant of the whole proceedings. In the month of November the Georgia came north again, and was off the coast of France. Some of the men got leave and came to this country to see their friends, and some of them afterward went to the office of Messrs. Jones & Co. to see whether they could have the means of returning to the Georgia. Messrs. Jones & Co. professed that they would make inquiries by telegraph as to whether they were to advance the money, and subsequently they told the men they had good news for them. It was obvious that the good news was that they were to go away and that they would receive (he believed) £3 upon going down to the landing stage or to the harbor boat. They went down, and then a man named Wilding, a clerk of Jones & Co., gave them £3 each. Some of them after receiving the money went back to the Georgia, and some did not. These were the facts of the case. The indictment was laid under the Act 59 George III, cap. 69, sec. 2, which cited that if "any person whatever within the United Kingdom of Great Britain and Ireland, or in any part of his Majesty's dominions elsewhere, or in any country, colony, settlement, island, or place belonging to or subject to his Majesty, shall hire, retain, engage, or procure, or shall attempt or endeavor to hire, retain, engage, or procure any person or persons whatever to enlist, or to enter, or to engage to enlist, or to serve, or to be employed in any such service or employment as aforesaid as an officer, soldier, sailor, or marine, either in land or sea service, for or in aid of any foreign prince, state, potentate, colony, province or part of any province, or people, or for, or under, or in aid of any person or persons exercising or assuming to exercise any powers of government as aforesaid, or to go, or agree to go, or embark from any port of his Majesty's dominions for the purpose or with intent to be so enlisted, entered, engaged, or employed, as aforesaid, whether any enlisting money, pay, or reward shall have been or shall be actually given or received or not," such person should be guilty of a misdemeanor. This provision the learned counsel said was as full as it could be, and it had been made at the time when the act was passed for the purpose of preventing interference between powers or states at that time situated as the American States were now.

Mr. HENRY HARTLEY WITHERS, manager of the Royal Bank, was the first witness. He stated that the firm of Jones and Company kept an account with the Royal Bank, and he knew Mr. Thomas Bold to be a partner of the firm.

Mr. Temple said his lordship might take it as admitted that the defendants were partners of Mr. Thomas Bold, but not that they were partners with him as ship-owners. FRANCIS GLASSBROOK said he was a seaman, and had formerly been in her Majesty's naval reserve. At that time he went under the name of Frank Rivers. He signed articles for the Japan in March, 1863, at the Liverpool Sailors' Home. He went to Messrs. Jones & Company's office in Chapel street for the advance note, and received instructions from a lad in the office to go down to the Greenock boat that night. He did so, and there saw Mr. Highatt, who was giving small pieces of card to the men who were going to the Japan. One of the cards was given to witness, and he found a number upon it. The numbers were called over, and each man went on board as his number was called. This was on the quay, alongside the Greenock boat. Witness did not pay for his passage. Mr. Highatt superintended the getting the men on board, and checked them as they passed him. He gave them passage tickets. Ten or twelve seamen went to Greenock, and when there they went on board the Japan. She was a vessel with main deck poop, forecastle deck, and two masts. She was a screw-steamer, brig-rigged, and had a round stern and a bust as her figure-head. Had his kit with him when he went on board the Japan. It had been left at Mr. Jones's office before he quitted Liver

36 A C-VOL. IV

pool. Found it in the tug-boat in which he was taken from the Greenock boat to the Japan. A few days afterwards left the Greenock in the Japan. Captain Hitchcock acted as her captain. In a few days they fell in with another steamer; they were not in sight of land at that time. They took the small steamer in tow and went to Brest with her. They hauled alongside the small steamer in the evening and took in stores, powder, shot, and guns; got them from the small steamer, and were occupied the whole night. Mr. Jones was in the small steamer looking on. Did not suppose that he was working. Was making himself very conspicuous. (Laughter.) Witness thought he was the captain. Captain Maury came on board after the guns were on board, and took the command. He was not in uniform when he came on board, but he afterward put on his uniform. All hands were then called aft. Mr. Jones was standing by Captain Maury, who told them that the vessel was going under the confederate flag; that any one who wished might go and get £4 108. per month and £10 bounty to those who would join for three years or during the war. A great many of the men accepted the terms; as nearly as he could tell, there were twenty-five, of whom he was one. Mr. Jones was present all that time. He did not have any conversation with Mr. Jones till after he had shipped, when, having received the bounty, witness gave him the £1 108. to take home to his wife; signed fresh articles in the cabin, Mr. Jones being present. Asked Mr. Jones to be good enough to take the £10 home to witness's address, and he said that he would. When witness and others were signing articles Mr. Jones said he would give their wives half-pay. The captain put down his wife's address in a small book. It was not said in Mr. Jones's presence where the wives were to receive half-pay; at least not in witness's hearing. The confederate flag was hoisted on the vessel one night. First saw it hoisted three weeks after the vessel left Brest. The vessel then cruised to the Cape of Good Hope. Mr. Jones went back in the small steamer. While on the cruise took and sunk vessels carrying the federal flag. Returned to Cherbourg in the same year; got home and returned to Liverpool. Went to Messieurs Jones and Highatt's office in Chapel street. Thought that the first time he went there he saw Mr. Jones, who asked him how he liked the Georgia, that name having been given to the vessel after it left France. Told him that he liked the vessel very well. Mr. Jones asked him if he was going back, and he said "Yes." Mr. Jones said he had received no instructions, as yet, to send him back. Went to Messieurs Jones and Company's office three or four times. Sometimes Mr. Highatt turned his back upon him. On one occasion he had some conversation with Mr. Highatt. The witness Connolly was with him. Mr. Highatt asked them if they belonged to the Florida, and they replied "No, to the Georgia." He said he had word to send them back, and put down a guide for them to look over, and told witness to fetch Frank Barrow; asked him for a month's half-pay that was due, and he told him to come back at three o'clock, and to bring his wife's signature with him. Did go at three o'clock, and got the month half-pay from an office boy, who told him to be down at the Havre boat at eight o'clock on the following morning. Was not quite sure whether Mr. Highatt was present. On the following Monday morning went to the Havre boat and received £3 from a person represented to be a clerk in Mr. Highatt's office, and whom he had seen there, and whose name was Wilding. Did not go to Cherbourg, but afterwards saw Mr. Jones who was in his office. He told witness the best thing he could do was not to go back. He said that in a private room in his office. He told witness he would get him a ship if he wanted one. Witness served on board the Georgia as captain of the main-top. Did not want to go back to Cherbourg.

Cross-examined by Mr. TEMPLE: It was on leave of absence that he came from Cherbourg to Liverpool to return. Got three pounds from Wilding, and then walked away, having changed his mind. Had seen the American consul before he received the three pounds. Mr. Maguire had seen him. He was a detective and had called upon him at his residence, and took him to the American consul; then made arrangement with the consul that he was to stay here. The consul promised him he should receive the same wages as he had had on the Georgia; was to walk about without Maguire. (Laughter.) The understanding was that witness was to keep back and not go on board the Georgia. Maguire paid him the wages.

Mr. TEMPLE. Were you such a valuable fellow that they wished to keep you back from the confederate service? (Laughter.)

WITNESS. Yes; I suppose so.

Mr. TEMPLE. Well, you are a ferocious looking fellow. (Renewed laughter.) Witness said he was so. (A laugh.) The confederate service at the time owed him money. The three pounds was due to him besides the half-pay, and now he should think there was more money due to him than he actually received. The American consul never asked him to pick up information for him. Maguire told him to go to Jones & Highatt's office; would not swear that he told him to go to Mr. Jones's office and ask him for money, or that he did not do so. Maguire gave him no directions from November till the present time; had been walking about receiving £1 198. 4d. per week wages, the same as when he was on board the Georgia.

Mr. TEMPLE. That is more pleasant than smelling gunpowder on board the Georgia.