Mr. ATTORNEY GENERAL. Had you anything which you called pay-rolls?—Yes; I had pay-rolls.

What became of them?-They are on board the Alabama. I think it possible that there may be one still in the office of Messrs. Fraser.

You stated to Captain Bulloch what you required, and then the orders came from Fraser, Trenholm & Co.?-Yes.

They seem to be all in the same form?—Yes; very little difference. (A paper was delivered in and read as follows:) Liverpool, 1st of May, 1862; addressed Fraser, Trenholm & Co.; signed James D. Bulloch. "Pay to the order of C. R. Yonge, assistant paymaster, on account of officers' pay, £40 3s. 9d."

LORD CHIEF BARON. One is for £40 3s. 9d., another £236 28. 6d., another £41 10s. 3d., another £203 88. 1d., and another £154 178. 6d. I have the advantage of now knowing who Fraser, Trenholm & Co. are, which I have not heard of to this moment; there is a very considerable difficulty in learning the proper names of members of a firm, particularly when as sometimes they are mixed up in the name with the initial letter, such as M. Anderson, which may be Manderson, or anything else.

Mr. ATTORNEY GENERAL. Do you remember who paid you the cash?—I received it from different persons in the office.

In the office?-Yes.

The QUEEN'S ADVOCATE. In Messrs. Fraser's office?—Yes.

Mr. ATTORNEY GENERAL. By these orders it would appear that you were to receive the money for officers' pay; did you pay the money to officers under these orders?—I did.

Can you mention any particuiar person to whom you paid money as being officers' pay?-Yes; I have paid Captain Bulloch money.

That is one. I have paid to Captain Bulloch money; to John Low money; to Edward M. Anderson money; to Eugene Maffitt money; and to Irvine S. Bulloch Í have paid

money.

LORD CHIEF BARON. Is that another Bulloch ?--Yes; it is a brother of Captain Bulloch; and to William H. Sinclair.

Mr. ATTORNEY GENERAL. The person you mentioned?-No; it is a son of the person who was mentioned. I have paid money to T. C. Cuddie, and I have paid John R. Hamilton money.

You have paid officers' pay to them?--I have.

When you say you paid officers' pay to Hamilton and to those others, was the pay the pay of officers in the army or in the navy?—It was pay of officers in the navy. Altogether?-Altogether.

I suppose the pay varied according to the rank of the officer?-According to the rank. What pay in rank did you make to Mr. Hamilton?-As a lieutenant.

A lieutenant in the navy?—The pay of a lieutenant in the navy, according to the length of time they had been in the navy.

I do not know whether you happen to have known Mr. Hamilton before?-I did. As what?-As lieutenant.

In the confederate navy?—Yes; in the confederate navy.

Was that in a confederate State?-In the Confederate States.

Did you happen to know when Mr. Hamilton came to England?

Mr. KARSLAKE. From your own knowledge?-I know within a day or two.

Mr. ATTORNEY GENERAL. Did he come before you or after you?-He came some time after me.

You were in Liverpool, I suppose, when he arrived?—Yes; or in Wavertree at least. Did you leave Mr. Hamilton in Liverpool when you went out with the Alabama?—I did.

As far as you know has he continued in Liverpool since that time?—I do not know. Probably you have not seen him since you went out?—I have not seen him from that time to the present.

Besides the pay of the officers you have mentioned, did you make payments to other persons under the rank of non-commissioned officers?

LORD CHIEF BARON. I do not see, Mr. Attorney General, what is the use of going into all these details of the paymaster's office.

Mr. ATTORNEY GENERAL. You have told us that you joined the Alabama; in what capacity did you serve on board that ship?

LORD CHIEF BARON. He has said as paymaster.

Mr. ATTORNEY GENERAL. You were still paymaster?-I was paymaster of the Alabama.

And acted as paymaster until you left that vessel ?-Until such time as I left the vessel,

Before you began to act as paymaster, or about the time, on the Alabama, did you receive a written authority? Just look at that, (handing a paper to the witness;) first of all, do you know that paper?—I do.

Does it bear the signature of Captain Bulloch ?—It does.

Did you receive that paper from any one?-From Captain James D. Bulloch.

You received that paper from Captain Bulloch ?-I did.

At what place were you when you received that paper ?-I judge from the date of it we were lying at Moelfra Bay, on the Welsh coast.

Were you on board the ship at that time?—I was on board the ship at that time. Having received that, and in consequence of that, did you continue to act until you left the ship in the capacity of paymaster ?—I did.

And did the duties of paymaster?—I did.

Mr. ATTORNEY GENERAL. I propose to read this, it professes to be a commission or authority to this witness from Captain Bulloch to act as paymaster, and upon which he acted.

SIR HUGH CAIRNS. I apprehend, my lord, it is entirely res inter alios acta. The fact is already elicited from the witness that he acted as paymaster on board the Alabama, but the contents of that document, and that document itself, as evidence in the cause, I apprehend, are not receivable.

Mr. ATTORNEY GENERAL. It is not put forward as a writing, but as a commission; it is an act.

LORD CHIEF BARON. The objection is that it is ουδεν προσ το ουσον. If the inquiry was whether Mr. Bulloch had acted as a confederate agent it would be evidence. Mr. ATTORNEY GENERAL. That is a very material question in this case. I propose to prove that Captain Bulloch certainly did act as a confederate agent, and to prove that I tender this in evidence, not as a paper for the purpose of a statement to be proved from it, but as the act of Captain Bulloch. Without taking any exception, my learned friends permitted me to prove before, with reference to this gentleman, his acting as a paymaster at Liverpool, and that he did so by the directions of Captain Bulloch. This is only a written order for a person to act in the same way on board the ship.

SIR HUGH CAIRNS. Perhaps I may save trouble. I have looked at it, and I have no objections to its being read.

The same was delivered in and read

The ASSOCIATE. It is dated Liverpool, 30th July, 1862; it is addressed to Clarence R. Yonge, acting assistant paymaster, C. S. N.; it is signed James D. Bulloch, commander. "Sir: By virtue of the authority granted me by the honorable S. R. Mallory, secretary of the navy of the Confederate States, I hereby appoint you as acting assistant paymaster, this appointment to date from the 21st day of December, 1861."

Mr. ÁTTORNEY GENERAL. What is the date of that commission, as they call it. LORD CHIEF BARON. The first date is Liverpool, 30th July, 1862, and then the last date is "Acting assistant paymaster Yonge, reported to me duly on board the Confederate States steamer Alabama, near the island of Tercera, on the 24th of August, 1862,”. that is the only other date.

Mr. ATTORNEY GENERAL. Is the signature to that paper also in the hand writing of Captain Bulloch? (handing a paper to the witness.)*That is.

LORD CHIEF BARON. That paper must be handed to me that I may identify it. Mr. ATTORNEY GENERAL. Without asking the terms of that letter, or putting it in now, is that a letter of instructions?-It is; I did not notice it particularly; I think it is. I had a letter of instructions; if you will allow me to look at it I will say whether it is or not.

Did you receive a letter of instructions which you believed to be that, at the time you received the commission ?-I received the letter of instructions previously. It seems to be dated two days earlier?—I received it then; it was just before. A letter of instructions as paymaster?—Yes.

From Captain Bulloch ?-From Captain Bulloch.

When you got the commission, did you take those two together as your directions and authority?—I did.

I propose to read these instructions. It is a letter of instructions to the officer how he is to act.

SIR HUGH CAIRNS, Certainly I object to that. On the former occasion I withdrew the objection because, it having been verbally stated that he had received the appointment of paymaster, it seemed very immaterial whether a written statement to the same effect was superadded or not. I had not the least idea of what these may be; but all the instructions in the world communicated verbally or by writing to the witness would not have been evidence upon this case. If Captain Bulloch told the witness to do this or that on board the Alabama, that is no evidence as regards the Alexandra. Instructions given on board the Alabama by Captain Bulloch, or by anybody else, must be, I apprehend, about as irrelevant evidence with regard to the Alexandra and the acts of parties upon the record with regard to her as could be cenceived.

Mr. ATTORNEY GENERAL. I have put this forward, and I apprehend rightly, as really a part of the commission of this witness to act as paymaster, which has been read already and without objection. It merely describes the office or the function which he had to discharge. He tells us that he received, at or about the same time as the com

* Vide instructions to C. R. Yonge as acting assistant paymaster of the Alabama, post.

mission, (the difference of two days, I think, will not be relied on as making any difference,) written directions as to what he should do. I propose to put those in evidence. I apprehend that they are evidence upon the same ground as an act—an act giving directions by a person in authority to the witness-is evidence upon the same ground as the commission was admitted.

LORD CHIEF BARON. I am of opinion that the letter cannot be read as evidence in this cause. The question here is whether the vessel, the Alexandra, was forfeited, and properly therefore seized, in the month, I think, of April in this year. And I think that cannot at all depend upon what the nature of the instructions were that Captain Bulloch thought proper to address to the paymaster of the Alabama.

Mr. ATTORNEY GENERAL. I was only tendering that as evidence to support the character, but I will not press the question after your lordship's opinion. (To the witness.) While you were on board the Alabama I believe you saw and actually witnessed the acts of war by the crew in command of that vessel upon ships of the United States, the federals ?—I did.

You saw vessels captured?—I did.

And destroyed ?—Yes.

You saw, in fact, a great number of ships destroyed-it is not material how manywe prove it to be a vessel of war. You saw twenty-three vessels destroyed, I think? SIR HUGH CAIRNS. I have not been objecting to this, because it is a vessel of war; everybody knows that the Alabama is a vessel of war.

LORD CHIEF BARON. We all know that the Alabama is a vessel of war; with what success is not material.

Mr. ATTORNEY GENERAL. (To the witness.) When you had the guns on board of that ship of course you would see. Did they bear the name of any maker?-I am not positive that they did; but I am under the impression that

SIR HUGH CAIRNS. You must not tell us that.

Mr. ATTORNEY GENERAL. If you do not distinctly recollect so as to pledge your oath I will not ask the question. You cannot pledge your oath ?—No, I cannot.

Besides the papers spoken of, and which are produced, were there any allotment notes that you know of given to the friends and wives and families of the crew of the Alabama?-There were.

At Liverpool?-No; those allotment tickets were made out at the Island of Terceira after the ship went into harbor. There were a lot of notes that were made out and signed.

SIR HUGH CAIRNS. Never mind that.

Mr. ATTORNEY GENERAL. Do you happen to know yourself, one way or the other, of any of those allotment notes going to Messrs. Fraser, Trenholm and Company ?—I do. Do I know of their having been received there by them?

Yes. No; I cannot say that they were received by them. I know that they were made to be paid by them.

SIR HUGH CAIRNS. You must not go on.

Mr. ATTORNEY GENERAL. Is Herring here, the policeman, and Mrs. Parkinson, the wife of Richard Parkinson?

(Mr. Herring and Mrs. Parkinson were called.)

Mr. ATTORNEY GENERAL. I shall produce the documents, I hope, by and bye. (To the witness.) Do you remember a person of the name of Herring ?—I do not.

Or Mrs. Parkinson ?-Mrs. Parkinson.

You say some of the allotment notes were signed by you; I think you said that ?—— They were all signed by me.

Did they bear another signature as well?—They did.

Whose?-Captain Semmes's.

He was the commander of the ship ?-He was the commander of the Alabama. SIR HUGH CAIRNS. I think you should not call them allotment notes.

Mr. ATTORNEY GENERAL. When you speak of allotment notes, you mean the papers given to Mrs. Parkinson.

LORD CHIEF BARON. It was the practice that the allotment notes should be signed by the commander and by the paymaster?

Mr. ATTORNEY GENERAL. Yes, and I hope to put two of them in evidence. (To the witness.) When you call them allotment notes, do you mean the sort of document that was given to Mrs. Parkinson ?-Yes,

LORD CHIEF BARON. That is what may be called an order?

Mr. ATTORNEY GENERAL. I hope to put in two of them; I wish to identify the one which will be put in by Mrs. Parkinson as what he spoke of as an allotment note. (To the witness.) You mentioned the Bahama, did not you ?—I did.

As coming out to the Alabama; I forget whether you said who commanded that vessel ?-She was at that time under the command of Captain Tessier.

Besides the Bahama, was there another vessel that came out with materials for the Alabama?-There was.

What was her name?-The barque Agrippina.

Were any goods of any kind, or stores of any kind, transhipped from each of those ships to the Alabama?-There were.

From each of them?--From each of them.

What were they, guns or naval stores -They were munitions of war.

For the armament of the Alabama ?-For the armament of the Alabama.

Had you any means of knowing who sent out this armament or any part of it?--I had nothing in writing to prove it; I merely know from what I have heard in conversation.

I understand that you know nothing about this except what you were told or heard in conversation ?—I received an invoice, which I had in my possession.

Where is it? Have you got it now ?-No, I have not.

What have you done with it ?—I copied it into the invoice book; I kept copies of all those papers at Liverpool.

What did you do with the invoice itself?—I returned it to Captain Bulloch.

Can you tell us what the Alabama received from the Bahama?—I received guns. How many?-From the Bahama I had no invoice.

What, in point of fact, did you receive?-Two gun carriages and guns.

Did you mention two?-There were two.

Did you receive guns and gun carriages from the other vessel?—I did.
Besides stores ?-Besides stores.

Mr. ATTORNEY GENERAL. Are these people here now, Herring and Mrs. Parkinson ? As the witnesses do not appear, I will not waste time; if they appear at the end of the cross or the re-examination, your lordship will allow us to put forward those docu

ments.

LORD CHIEF BARON. To propound them ?

Mr. ATTORNEY GENERAL. To propound them, my lord.

LORD CHIEF BARON. I very much doubt whether they are evidence.

Mr. ATTORNEY GENERAL. I should have to recall this witness to make them evidence, of course; I should deal with them as acts of this witness, because he used the word "allotment," of course.

SIR HUGH CAIRNS. We will come to that in due time.

Cross-examined by Mr. KARSLAKE:

I understand you to say that you paid Edmund M. Anderson and Irvine S. Bulloch and William H. Sinclair; did you pay Mr. Clarence R. Yonge ?—I did.

That is yourself?-That is myself.

Where were you brought up?-I was raised, I lived in the State of Georgia.

Do not alter the term; you were "raised "in the State of Georgia?—It is particularly an expression that is used in America, "raised."

You were "raised" in Georgia ?—Yes.

When did you first come to England?—I came to England in March, 1862.

From Savannah; at least you had been living at Savannah ?—I had been living in Savannah.

Then you left your wife at Savannah when you came over, did you not ?—Has that anything to do with the case, sir?

It has a very material bearing upon it, I think; is that so, that you left your wife and children at Savannah ?-May I ask a question, whether I am obliged to answer that question?

I think you will find it necessary; have you any objection to answer it?—I have an objection to answer.

I must ask you to answer, nevertheless.-Am I obliged to answer, my lord? LORD CHIEF BARON. What is your objection?--I do not see what my own family affairs have to do with the case.

LORD CHIEF BARON. I must explain to you that, in this and every other court where testimony is received, the witnesses are cross-examined as to their credit and what they have done, and whether they have ever conducted themselves in a manner not creditable to them either as men, or husbands, or fathers, or in any way. You may decline to answer; but a question may be put in some instances that a witness cannot decline answering. I suppose the object of the learned counsel is to show that you left a wife and a family in a way that does you no credit.

Mr. KARSLAKE. There was a question put to the last witness whether certain documents were given into the hands of Mr. Clarence Yonge's wife, in Liverpool, which leads me to ask certain questions as regards Mr. Clarence Yonge's wife.

LORD CHIEF BARON. The learned counsel has another ground. I took it more generally.

WITNESS. I left her there.

LORD CHIEF BARON. Any witness may be asked anything respecting his past life, the object of which is to show that he is a witness of credit or not; and the learned counsel has now suggested that as certain documents were handed over to your wife

in Liverpool, we want to know something more about her.-I have answered the question of the learned counsel.

Mr. KARSLAKE. Did you leave your wife and two children in Savannah when you left?-I did not.

One child ?-One child.

Have you been in the confederate army yourself?-I never was.

Nor in the navy, except as paymaster ?—Yes, I have been acting so.

When did you first make the acquaintance of Captain Bulloch?-I made the acquaintance of Captain Bulloch shortly after the arrival of the steamer Fingal in Savannah.

And were you, until the time when you and Captain Bulloch parted, his confidential secretary?-Until such time as I left him here in England, do you mean?

Yes.-I was not; I wrote some letters for Captain Bulloch.

You describe yourself as his secretary ?—I do not; in Savannah I wrote or copied nearly all his letters; in England not nearly all; I do not know how many he wrote, but I copied some of his letters.

You came over with him?-I came over with him.

You were in his employment when you came to England ?—I was in the employment of the confederate government.

You are at this time a spy in the service of the United States government, are you not?--I am not.

In their employment?--I received no employment from the United States government or anybody else.

Will you look at that letter and tell me whether that is your signature ?—May I ask a question before I look at this letter?

It is not general in this country.

LORD CHIEF BARON. Your business is to answer the questions, not to ask them.

Mr. KARSLAKE. Perhaps you will tell me what I want to know; will you look at that letter, and say whether it is your signature or not (handing the letter to the witness)?—That is my letter; I wrote it.

Hold it in your hand a moment; I have a copy of it. Now, when you were in England with Captain Bulloch, were you at that time communicating everything that passed with Captain Bulloch to the United States government?-What is your question?

At the time when you were in England with Captain Bulloch, before the sailing of the Alabama, were you in communication with the United States government?---Ï

was not.

When did you first make the acquaintance of his excellency Mr. Adams, the minister in London of the United States government?-About the 1st of April.

What year?-In this year; the latter part of March, or the 1st of April.

Is it true that you gave him valuable information relative to the confederate steamer Alabama?—I gave to the United States officials what I suppose went to Mr. Adams; I made certain statements to them.

Did you make them after you returned to England the second time, after your cruise in the Alabama?-I did.

I suppose I may infer that, whatever you were, you are not a secessionist now ?—I am not at any rate.

You received confederate pay from the Alabama until you left her in Kingston harbor?—I received my pay in Kingston.

Up to what date did you receive your pay in Kingston?-In Port Royal, it is the same thing.

Up to what date was that?-Up to the 25th of January.

The 25th of January, 1863 ?—Yes, 1863.

Have you received confederate pay since that time?—I have not.

How long had the Alabama been in the harbor at the time that you left her?-How long had she been in port? About a week.

She was then waiting to get out again, was not she?-She was to sail that night. And when she sailed out did you drop overboard and go ashore ?-Not exactly. What was it exactly, then?-Several hours before the ship sailed I left her.

You left?—Yes, I left.

How did you get ashore?—I was allowed to come ashore.

You were allowed to come ashore, and did not come back again ?—I did not.

You knew that she was trying to break the blockade that night ?—No, there were no vessels to blockade her that I am aware of.

You knew she was trying to get out that night?-I knew it was the intention of Captain Semmes to sail.

I may assume your connection with the confederates stopped from that night ?—It stopped during the day.

1

You received payment up to that day, and you then became a northerner ?-Anything you choose to say.