fore no doubt whatever as to the facts which they proved whether those were witnesses of a kind which in other respects one would like to be identified with or not. I am going to give you the evidence which they give. I will take first the evidence of Yonge. The QUEEN'S ADVOCATE. It is at page 113.* Mr. ATTORNEY GENERAL. I will first of all take what he proves as to Captain Bulloch, and afterward what he shows as to Mr. Hamilton, and then what he proves as to Captain Tessier. Page 120 is the first place that I refer to now. Mr. Yonge states that he is a native of the State of Georgia, and was for some time paymaster on board the Alabama. He says that he came from the port of Wilmington in North Carolina. in a ship called the Annie Childs, to Liverpool, arriving at Liverpool on the 11th of March, 1862. He is asked, "In what employment had you been previously to leaving Wilmington?--I had been a clerk in the paymaster's office on the foreign station at Savannah in Georgia. Was Savannah a naval station?-Yes, it was at that time, it never had been previously to this war. At that time it was used as a naval station?Yes. For what purpose?-For the confederate forces. You tell us you were a clerk in the paymaster's department; did you know from your connection with the confederate navy who at that time was acting as secretary to that navy?-S. A. Mallory, he was the secretary to the confederate navy." Then he is asked whether he saw at Savannah before he left, a person named Bulloch, and he says, "I did. He came with me." That is to say, Captain Bulloch came with this witness from Wilmington to Liverpool in the Annie Childs.-"He came with me as far as Queenstown, and there he left the ship and went on land, but we came over together in the same vessel. Do you know from what you saw at Savannah whether Bulloch was in any capacity in the confederate service?—I never saw Captain Bulloch's appointment, but I know that he acted for the confederate government. In the navy, the military, or what service?—In the navy. He acted in the confederate navy?-In the confederate navy. Lord Chief BARON. Did he command a vessel?-No, he did not command any vessel. The ATTORNEY GENERAL. Did you act for a time as his secretary?—I did. And acting as his secretary, and communicating with him as your principal, do you know that he did act or not with reference to the confederate navy?—I know that he acted, because I saw all the letters of the secretary of the navy to him and his replies to those letters. Was it a part of your business to make copies of those various communications?—I copied all his letters; there may have been a single letter which I did not copy." Then he says that he knows Mr. Mallory's signature to certain letters which I will not refer to now. Then going to page 124,† (I will resume this about Captain Bulloch,) the question is asked, "On your arrival at Liverpool, with whom, if with any one, did you first communicate?"-The witness says, "Do you mean last year?" The attorney general says, “I mean when you came to Liverpool from Wilmington, in the month of March, 1802 ?—I was in communication all the time with Captain Bulloch." The QUEEN'S ADVOCATE. That is at the bottom of page 117, my lord. Mr. ATTORNEY GENERAL. "You came with Captain Bulloch?-I came with Captain Bulloch. And did yon take counsel with him, and did he direct generally what you should do?—Yes, he did. Shortly after your arrival at Liverpool, did Captain Bulloch introduce you to any mercantile firm there?—Yes, to the firm of Fraser, Trenholia, and Company." Then the names of the partners are mentioned. "Did you communicate with the firm of Fraser, Trenholm, and Company?-I did." He mentions Mr. Armstrong, who is one of them?-"He was the principal person that I had any business with. You did see Mr. Prioleau and Mr. Welsman?-Yes. As members of the firm?Yes." Then at page 125, the next page, a little way down, after saying that he does not recollect seeing any flags, he is asked this. The QUEEN'S ADVOCATE. That is at the bottom of page 118. Mr. ATTORNEY GENERAL. "You say you were introduced to those persons?" (that is, to the members of the firm of Fraser, Trenholm and Company.) "Who introduced you?--I was introduced by Captain Bulloch. Did you see Captain Bulloch there from time to time at the office of Fraser, Trenholm, and Company?-I did." He is asked: "I thought you said (I want to be certain) that you yourself were there nearly every day?-Nearly every day. By the direction of Captain Bulloch ?—Yes; I had to meet him there sometimes. Were these meetings between Captain Bulloch and yourself on matters of business? I will not at present ask what the business was, but I merely confine myself to the question, were your meetings upon matters of business?---They were frequently; that was not always the case. But principally?-They were principally on business. On the business on which you had come over?-Yes." Then he is asked: "Do you remember whether there was a room in the office or house of business of Fraser, Trenholm, and Company particularly used by Captain Bulloch ?---There was a room used by them, the only room in which we wrote our letters and transacted our business generally. It was used, yon say, by them?-By Captain Bulloch and by Major Hughes, a gentleman of the war department. Then there was one room used † See page 66. See page 66. * See page 64. particularly by Captain Bulloch for his business?--Yes." That was the room in which the witness transacted business with Captain Bulloch. Then he mentions that among, others with whom he used to transact business there in the office was Major Hughes, of the confederate army, and then he mentions some other people, which I will not dwell upon. Then, at page 130, he is asked this: He mentions going out with certain other people on board the Alabama from Liverpool. I should mention that at page 129* he says that he remained at Liverpool from the 11th of March to the 29th of July, 1862, and that he then left Liverpool in the Alabama, which was then called the Eurica. He says that it was the vessel built by Messrs. Laird. "When that vessel left, she had no armament on board?-Nothing at all in the way of armament. While you were on her, did she receive her armament and hoist the confederate flag and pass to the command of Captain Semmes as a ship of war?-She did. All that you saw ?-I saw it." Then he mentions one or two other officers who went with him in the Alabama, and some who went in another vessel, the Bahama, which met her at the rendezvous elsewhere. The QUEEN'S ADVOCATE. That is at page 123. Mr. ATTORNEY GENERAL. "Captain Bulloch went out and returned in the Bahama?— Yes," (to meet the Alabama.) "Leaving Captain Semmes and other officers in the Alabama?-Yes. Before you left Liverpool in the Alabama, were you employed as paymaster?-I acted in that capacity. You acted as paymaster in the confederate navy?In the confederate navy. We will see what you did; you continued to act in that capacity for some time?-During the entire time I was in Liverpool I acted in that capacity. And you made payments in that capacity?—Yes; I continued to make payments in that capacity." Then a paper is put into his hand, which he proves to be signed by Captain Bulloch. "Look at that paper and tell me is that the signature of the gentleman you have described as Captain Bulloch-That is it." He says that the appointment was made out, and then he says that payments were made. I will come to the payments presently. Now with regard to the paper-the paper you will find in page 11 of the appendix to the larger book, it is not printed in the smaller book-and it is in these terms: "Liverpool, 30th July, 1862, addressed to Clarence R. Yonge, acting assistant paymaster C. S. N.," (which, I suppose, means Confederate States navy.) "Sir: By virtue of authority granted me by the Hon. S. R. Mallory, secretary of the navy of the Confederate States, I hereby appoint you an acting assistant paymaster. This appointment to date from the 21st day of December, 1861. Very respectfully, Jas. D. Bulloch, commander C. S. navy." My lords, under that appointment he acted, and Messrs. Fraser, Trenholm and Company made through him large payments on behalf of the Confederate States to the different officers and persons who were to be paid. Going back to page 131, he gives an account of that: " This paper," he says at the bottom of page 130, was given to me on board the Alabama the day she left Liverpool." The QUEEN'S ADVOCATE. That is at page 123. 66 Mr. ATTORNEY GENERAL. "You got it just as you were going away?-Just after we left; I think we were away at that time in Moelfra Bay."That is in Wales. "While you acted as paymaster in Liverpool, as I understand you, you had not any writing which authorized you to do so?-I had no writing. But Captain Bulloch was there in Liverpool, who knew of the payments that you were making from time to time?— He did; that is the only writing in which my name appears as paymaster. You say you acted as paymaster?—Yes. You have told us in what way; although you had no writing, were there any directions or orders given to you to act in that capacity?— There were. By whom?-By Captain Bulloch. But they were not written?---Not written." That is, while he was at Liverpool. "You made payinents to various persons, were those persons in the confederate service to whom you made these payments?— I have made payments to the officers; I know the persons I made the payments to were in the confederate navy. Who supplied the money?-I made requisitions to Captain Bulloch for the amount, and I received an order from him to pay the moneys either by check or money itself. That was the way in which you received the money?Yes. How did you get the money?-I was to make requisitions for the amount I required at the end of each month. From Captain Bulloch ?-From Captain Bulloch. How did he pay you?-He would give me an order on Messrs. Fraser, Trenholm and Company. You say that the money was furnished by Messrs. Fraser, Trenholm_and Company; on the occasions of the money being furnished, have you delivered to them any order or anything of the kind?-I delivered Captain Bulloch's order." Then the orders being called for are produced by Messrs. Fraser, Trenholm and Company, and your lordships will find at page 133 the form of them: "Liverpool, 1st May, 1862, addressed, Messrs. Fraser, Trenholm, and Company, signed, James D. Bulloch. Pay to the order of C. R. Youge, assistant paymaster, on account of officers' pay." Then there are several orders of various amounts, not inconsiderable in the whole. My lords, I think that Captain Bulloch's character is as well established by that evidence as anything in the world can be. At pages 134 and 135 there is a further examination of the same witness about the document, which I have read to your lord† See page 69. * See page 69. See page 137. ships, appointing him paymaster; I do not think that I need read that, there are more payments connected with it. Then, Mr. Yonge also gives evidence concerning Mr. Hamilton, whose name I have mentioned to your lordships. At pages 133 and 134 of the small book he mentions the names of several officers in the confederate service to whom, as paymaster under the appointment which I have read, he has paid various sums of money. The QUEEN'S ADVOCATE. That is at page 126.* Mr. ATTORNEY GENERAL. Among others he mentions Captain Bulloch, and himself, too, and then he mentions J. R. Hamilton; you will find elsewhere, I think, that the name is John Randolf Hamilton. He says: "I have paid (among others) Jno. 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 of officers in the army or in the navy?-It was the pay of officers in the navy. Altogether?-Altogether. I suppose the payment varied according to the rank of the officer?-According to the rank. What pay in a 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." Then he is asked: "Do you happen to know when Mr. Hamilton came to England?” And he says: "I know within a day or two from my own knowledge. Did he come before you or after you ?-He came some time after me. Did you leave Mr. Hamilton in Liverpool when you went out with the Alabama?-I did." And he has not seen him since. Then, with regard to Captain Tessier, at page 138 of the evidence of the same witness, he speaks of the Bahama as coming out from Liverpool to meet the Alabama, bringing guns and naval stores and munitions of war, which were transhipped there, and the Bahama, he says, was at that time under the command of Captain Tessier. The QUEEN'S ADVOCATE. That is at page 130,† at the bottom. Mr. ATTORNEY GENERAL. Then he mentions what stores were received from the Bahama by the Alabama, gun-carriages and guns. Perhaps before I conclude with Mr. Yonge it would be right to mention the effect of the cross-examination. He was very ably cross-examined by one of my learned friends, who was engaged at the trial—Mr. Karslake-who seemed to be very well informed of his history. It is quite evident, I think, that at one time or other there had been a perfect intimacy with the history of this gentleman, and it was brought out in cross-examination that he was certainly a man of morality by no means unimpeachable; that he had formed a connexion with a black woman who had passed as his wife, and whom he had deserted at Liverpool under circumstances which I cannot represent as creditable; that this black woman had a black boy, and that this lieutenant and paymaster in the confederate service, "raised," as I think he described himself, in the State of Georgia, had suggested that a little money might be made of the black boy-that he might be sold. My learned friend the attorney general, in his reply, made some observations which the learned Chief Baron described as an attempt to whitewash Mr. C. R. Yonge. Far be it from me, and I think it was very far from the intention of the attorney general, to whitewash any acts of that description. But what the attorney general said, I take the liberty of repeating to your lordships, namely, that all criticism, however disagreeable it might possibly be to Mr. C. R. Yonge, had no bearing whatever upon the evidence which I read to your lordships, which was accredited by the litera scripta and the res geste by the documents presented by Messrs. Fraser, Trenholm and Company themselves, and Captain Bulloch, and against which there was no imputation. This was the whitewashing. It was no whitewashing at all, it was the simple truth. We in England are accustomed to liberty, we have no power of selling black man or white man, but this man came from a country where these things are common, where that practice exists, and you are not to suppose that a man bred up in the morality of slavery would look upon transactions of that kind as we do; and a man who is employed in such a service as that of burning and destroying all the merchants' ships that can be met with upon the wide ocean is of course not likely to be a man of very tender nature and one who shrinks very much from acts which we shrink from and ought to shrink from. There can be no doubt whatever that in the Confederate States he would have been a perfectly good witness, notwithstanding the selling of a black boy; we know that in those States they do not allow a black boy or a black man or woman to come into the witness-box and tell his or her own story, whatever may have been the evil done. Therefore all that was mere clap-trap; it had no bearing whatever upon the question whether these written documents did or did not prove that to prove which the witness was brought forward, namely, to prove the agency of Captain Bulloch for the Confederate States. The documents were the material things, nobody could discredit it, those documents which were produced by Messrs. Fraser, Trenholm and Company themselves, and therefore I say that for the sole purpose for which that witness was produced the clever cross-examination and the elegant vituperation of my learned friend Sir Hugh Cairns † See page 73. * See page 71. was perfectly irrelevant; it was beside the mark, it did not tend to discredit the testimony upon the only point on which it was brought forward, because it did not rest upon the word of C. R. Yonge, it rested upon the acts of Captain Bulloch, upon the acts of Messrs. Fraser, Trenholm and Company-the payments actually made by them to him in that capacity in which he swore that he acted and by Captain Bulloch's order-and therefore it was totally impossible for any jury or any judge who had the truth in view to be misled by any eloquent declamation from believing that those facts which the documents proved were the real facts in the case, and we wanted nothing from Mr. Yonge, except to prove the character and agency of Captain Bulloch. Exactly the same remark applies to another witness, against whom there was not quite so much to be said, namely, Mr. Chapman, who stated himself that he went under false colors into the office of Messrs. Fraser, Trenholm and Company, affecting secession sympathies, whereas he had them not-I am very far indeed from justifying that, but the facts are just the same-the actings of Mr. Hamilton and the actings of Captain Bulloch, as to the Alexandra. Your lordships will presently hear from the evidence we wanted to know their characters, and who and what they were, and I say it is utterly immaterial whether Mr. Chapman acted honorably or not, and whether or not Mr. Yonge is to be judged by the rules of English or Georgian morality, when he talks of selling a black boy. It is utterly impossible to doubt the evidence of those persons as to the character of Captain Bulloch and of the other persons when they were here. Now what Mr. Chapman says is at page 113. The QUEEN'S ADVOCATE. This evidence is at page 107* of the larger book. Mr. ATTORNEY GENERAL. My lords, Mr. Chapman stated that he was of no occupation. He came to England about four months before his examination, and was at Liverpool, he says, about "two months ago." "At that time had you business on which you wanted to see a person by the name of Captain Bulloch?-I wished to see Captain Bulloch." He went to see him at the office of Messrs. Fraser, Trenholm and Company. "Was Captain Bulloch a person you were acquainted with in America?-He was." He went to that office to see Captain Bulloch about the first of April, and went there more than once. Upon the first occasion he saw one of the members of the firm, Mr. Prioleau, and it was then he spoke as if he was a secessionist. He says he saw the confederate flag, then he says that he was acquainted with Yonge in the United States and met his wife (that is this black woman who passed as his wife) in Liverpool, and she intrusted this witness with the letters, which letters were obtained from him, and which were the letters which were proved by Yonge to which I have referred. I pass over that and come to what he says at page 115. He called again and saw Captain Bulloch and conferred with him upon the subject of those letters at Messrs. Fraser, Trenholm and Company's office a second time. The QEEEN'S ADVOCATE. That is at page 109, toward the end. Mr. ATTORNEY GENERAL. Then, with regard to Mr. Hamilton, at the bottom of page 117, he is asked this. The QUEEN'S ADVOCATE. It is page 111t of the other book. Mr. ATTORNEY GENERAL. "Now, Mr. Chapman, while you were at that office, that is, the office of Messrs. Fraser, Trenholm and Company, with Captain Bulloch, did any one else come in ?-Mr. Hamilton. Who was Mr. Hamilton, was he a person known to you before?-Yes, he was. What was he?-The son of General James Hamilton, of South Carolina, formerly governor of that State, and he was himself a lieutenant in the service of the United States until the year 1861." I think that that is sufficient; we have the account of his subsequent career from Mr. Yonge, and we all know that that was the time at which South Carolina seceded from the United States, and when the secession began. I think that I need not trouble your lordships with more upon that matter. I row come to the acts and intervention of the different persons whom I have named, Captain Bulloch, Mr. Hamilton, Captain Tessier, and Mr. Welsman, one of the partners in the firm of Fraser, Trenholm and Company, with regard to the Alexandra. `I think I have sufficiently proved that we qualified and gave a character to those persons, and established the undoubted fact that they were at Liverpool acting as the agents for the belligerent service of the Confederate States. Now the first witness that I will refer to is Acton, who is the watchman at Miller's yard, and whose evidence is at page 35 of the small book. The QUEEN'S ADVOCATE. And 32‡ of the large book. Mr. ATTORNEY GENERAL. He is asked "Do you know a person of the name of Hamilton, a Mr. Hamilton ?-I have seen him. Have you ever seen him in Messrs. Miller's yard?-I have. Have you ever seen him there during the course of the building of the vessel Alexandra -Yes. Have you seen him there more than once?Yes. Frequently?-Yes. Can you tell at all how often?-Yes, once a week or twice a week. Did he take any notice of the Alexandra (I do not ask you what) when he came into the yard?-Yes, a little. Did anybody come with him?-Yes. On those occasions?—Yes. Do you know the name of that gentleman?-Bulloch, I believe. Did they ever look at the Alexandra together?—Yes. More than once?-Yes." He did See page 18. * See page 60. ↑ See page 62. not know of their giving any orders. "Did you ever hear Mr. Hamilton speak to Mr Miller upon the subject of the Alexandra? I do not askyou what he said; but did you ever hear him?-Yes. Did you hear him do that more than once?-Yes, once at least. Did you ever hear this person of the name of Bulloch, that you have mentioned, speak to Mr. Miller?-Yes. Upon the subject of the Alexandra?-Yes." We were met with all the objections that we could be as to evidence, and were very cautious not to ask questions which we did not think we ought to press. Then I will go to page 36, the next page before the cross-examination. Mr. ATTORNEY GENERAL. "As to Mr. Bulloch and Mr. Hamilton when they came to the yard, how did they get in?-Through the yard gate. Who let them in?-Myself for one." The LORD CHIEF BARON says, "You mean they got in exactly like other people?"-I suppose his lordship meant people having business there. "Yes, just so." The QUEEN'S ADVOCATE. "Did they have an order or did they come in like anybody else?-They had an order from one of us. Was that the order usually given to everybody, or was it a particular order?—No." I do not know exactly what that means. "What was it?-Generally an order for them to go through, that is all. Was it the usual or was it a particular order?-Not a particular order." I suppose it means in the usual form. "LORD CHIEF BARON. Had the order anything to do with the Alexandra?—Not that I am aware of. Was it merely to let them into the yard?-To come into the yard." We find that they came once or twice a week, looked at the Alexandra, talked about her to Mr. Miller, and had a general order to be let in whenever they came; that I think is pretty strong. Then at page 37 of the same witness in his cross-examination, he is asked about these people, and he seems puzzled when he is asked a question about Bulloch; he describes him as a little man. The QUEEN'S ADVOCATE. It is at page 35 of the larger book. Mr. ATTORNEY GENERAL. "How do you know it was Mr. Hamilton who came?—I saw him. How do you know him?-I know him perfectly well. How do you know him?-I know him. Did you ever speak to him in your life?-Yes. What did you say to him?-I do not know." Then in his re-examination at page 38 he is asked, "Am I to understand that Mr. Bulloch never did, to you, give a name?" (it is quite clear that he was known by that name in the yard)-"No. Are you sure that he came with Mr. Hamilton?--I have seen him with Mr. Hamilton;" then he describes the sort of man that Bulloch was, "a little man with dark whiskers and beard." I will now go to the evidence of Carter. We shall now find the activity of Mr. Hamilton in the workshop of Messrs. Fawcett, Preston and Company-Carter's evidence-it is at page 46 of my book. 66 The QUEEN'S ADVOCATE. It is page 43, I think, of the other book. Mr. ATTORNEY GENERAL. "While the machinery was being prepared," (he identifies it as the machinery intended for No. 2209, which was the number of the Alexandra,) were you frequently at work at your business of a carpenter in the erecting shop?Sometimes. Is that the shop where the machinery is prepared and fitted for the ves sel? Yes. While you were there did you ever see a gentleman of the name of Hamil ton-Yes. I have seen him there. Did you see him there frequently or seldom-I have seen him there pretty often. When he was there did you see whether he paid attention, or did not pay attention, to the machinery-I could not say that he did particularly to any branch of it; I could not see that he did to that branch of the machinery more than to another." Then the same witness at page 48 of my book is asked this, "Have you seen from time to time Mr. Hamilton with Mr. Sillem in the shop?" The QUEEN'S ADVOCATE. It is at page 45|| of the larger book, the top of the page. Mr. ATTORNEY GENERAL. He had been speaking just before of the guns and gun-carriages which were mentioned to your lordships. "Have you seen from time to time Mr. Hamilton with Mr. Sillem in the shop?-Yes. I mean at this time when the machinery and the guns were in preparation?-Yes. Have you at any time or times heard Mr. Sillem speak of alterations ?"—Mr. Sillem, I think I told your lordships, is a partner in the firm of Fawcett, Preston and Company. "Have you at any time or times heard Mr. Sillem speak of alterations either in the screws of the gun-carriages or other matters connected with the guns, iu Mr. Hamilton's presence-I have heard him make the remark that he could make improvements in the compressor screws. You have heard Mr. Sillem say that to Mr. Hamilton?-Yes. That he could make improvements in the compressor screws?-That he had done so. What did Mr. Hamilton say upon that?He thought it a great improvement upon the old original one. He said that 7-Yes, LORD CHIEF BARON. In the lock?-No, the compressor screws." Then there is the evidence of Hodgson, at page 55; he was also in Messrs. Fawcett, Preston and Company's service; it begins at the bottom of page 54 in my book; he is the packer. "Do you know a person of the name of Hamilton?-Yes. Did you ever see him thereYes." The QUEEN'S ADVOCATE. It is at the bottom of page 516 of the other book. |