The Sun.
London, England, 1864-01-16 00:00:00

THE FOREIGN ENLISTMENT ACT,

Yesterday Mr' Raffles, the Liverpool stipendiary magis-
trate, was engaged in the investigation of a charge of in-
fringing the Foreign Enlistment Act, preferred against Mr.
Thomas Highat, a member of the firm of Jones and Co.,
ship.store dealers and chandlers, of Chapel-street, Liverpool.
The summons included the names of John Jones (principal)
and John Wilding (a clerk to the firm), but these parties
did not appear.
Mr. Vernon Lushington appeared for the prosecution ;
and Mr. Deighton for the defence.
The facts of the case, as stated by Mr. Lushington, were
that in 1863 a vessel called the Japan was built at Dum-
barton, the sole registered owner being Mr. Thomas Bold,
partner in the firm of Jones and Co., though he was not
proceeded against yesterday, as there was no evidence
against him. The ship remained registered in his name
until the 23d of June, when Mr. Bold informed the customs
that he had sold her to a foreigner. Towards the end of
March, the vessel being nearly ready for sea, it was then
necessary to get a crow, which was done partly at Greenock
and partly at Liverpool. At the latter place several persons
were induced to sign articles for a voyage in the Japan to
Singapore and back for two years. The men were directed
to take their clothes to the office of Jones and Co„ where they
got their advance notes, and in ono case money was paid by
the defendant. The men, including John Stanley, Benja-
min Conolly, and Francis Glassbrook, went on board the
Greenock boat (where they saw Mr. Jones and Mr. Highat)
and each man having answered to his name, they sailed
to Greenock, and went on board the Japan. Oa the 3d
of April the Japan left the Clyde under the guise of a
"trial trip," went down the Channel, and stood towards
the coast of France. At a short distance from Brest
they fell in with a small steamer, which they towed
into that harbour. Here a number of boxes were sent on
board the Japan from the small steamer, and which
packages contained arms and ammunition, Mr. Jones
himself coming on board, and superintending the tranship-
ment of the articles. Lieut. Maury came on board the Japan,
took the command, and assumed the uniform of the Confe-
derate navy. He told the men that the vessel was to become
a Confederate ship of war, and promised them £lO bounty,
and Li lOs per month if they would enlist. Mr. Jones was
there during the whole time, and was actively engaged in
persuading the men to volunteer for the service.
Benjamin Conolly, the first witness called, said he shipped
in March last, at the Liverpool Sailors' Home, for the Japan
steamer. He was a coal trimmer. After signing articles,
_he
went to the office of Messrs. Jones and Co., where he saw
Mr. Highat, who told him to come down next day for his
advance note. He went and got the note for M. He after-
wards went on board the Greenock steamer, where he again
saw Mr. Highat. At Greenock he went on board the Japan,
and they sailed three or four days afterwards. When they
had been oat a few days they fell in with a steamer, and
took her into Bre, t. They then took in guns and ammuni-
tion from the steamer, in which Mr. Jones took a " clever
part." Mr. Highat was not there. Capt. Maury came on
board next day, and put on the grey uniform of the Confe-
derate navy, and said he was about to hoist the Confederate
flag. He told the men they would have a good ship, and
that he would make them all very comfortable, He then
read his commission. He said ho would give the men
higher wages than they had had at Liverpool. Witness
asked the captain about the prize money. He (witness) did i
not want to go, but Mr. Jones endeavoured to induce him by
telling him he would make plenty of money. Witness, how.
ever, refused to go, though he did afterwards sign an agree-
merit to sail, and received LlO bounty from the purser. Mr.
Jones was there then, and got £0 from him (witness)
again, promising to send it to his parents. Numbers of
others signed papers alas. They were to have £1 lOs per
month. Mr. Jones promised that all the men would get
prize money. They hoisted the Confederate flag the same
evening amidst the cheers of the crew, and sailed. They
soon afterwards met with several Federal ships, some of
which were burnt, They returned to Franco about two
months ago, and ported at Cherbourg. Witness obtained
leave of absence, and came to Liverpool and called at Jones's
office. He saw Jones and Highat there, but Mr. Jones did
not seem to know him, and witness said, " You knew me
well enough in Franco, when you wanted me to serve under
a foreign flag for you." Jones said, " Don't melee a noise,
there will be something done for you." Mr. Highat must
have heard this, as he was sitting at a desk close by. Wit-
mer." Highat said, " All, this is Maury's writing, call
ness then spoke to Mr. Highat, and showed his " citizen
regain. Wo will send a telegram to the ship about you."
He saw Mr. Highat ono) or twice afterwards, and he told
him to gather all the men belonging to the Georgia, and pat
them on board the Itavre boat, Received £3 at Mr. Jones's
office to pay his expenses, but witness become afraid of
breaking the Queen't, proclamation by going on board the
Georgia again, and so ho ran away with the £3. There was
'MOW then that due to him for his services on board the
Georgia.
In cross.examination by M ssei
r. ghton (who appeared for
Mr. Highat), the evidence of Conolly was not materially
affected, It was elicited that he was now, with Stanley,
Glassbrook, and other men who
had been in the Georgia, in
the service of Mr. M'Cluire (a private detective officer in
the pry of the United States Consul at Liverpool), and that
he received excellent pay for picking up information. He
denied, however, that he was a
spy in the Federal service.
Witness also denied having solicited Mr. Highat for em-
ployment in the Confederate service, and that Mr,
Highat
said it was illegal. He admitted that on one occasion Mr.
Jones advised him not to join a Confederate ship. When
he went to the office of Jones and Co., on the Georgia's re.
turning to France, his object was to get money to enable
him to go back to Cherbourg and get the wages which were
duo to him from Captain Maury,
John Stanley was the next witness, and he generally cor-

roborated the previous evidence.
In cross-examination by Mr. Deighton the witness stated
that he had been in communication with the United States
consul in Liverpool, and that he had received, like Conolly,
a weekly salary of £l. 19s 4d, the same wages that he had
received on board the Georgia, and that he was paid by
Maguire, the private detective.
Francis Glassbrook followed, his evidence being of the
same description. He stated in cross examination that he
was retained by the United States consul to give evidence in
the present prosecution.
The wife of the last witness was called, and identified Mr.
Highat as the gentleman who gave her the £lO bounty due
to her husband for serving
on board the Georgia. Mr.
Highat also gave her half pay several times on her husband's
account.
Thomas Mathews, who had else made the cruise in the
Georgia, was examined, and identified Mr. Highat as being
connected with the ship and payment of men on board the
Georgia. This witness also received £1 19s 4d a week, but
he did not know who paid it. He had tho money at Mr.
Maguire's office from " somebody."
At the conclusion of the case the defendant was commit-
ted to take his trial at the assizes, bail being accepted, him-
self in £3OO and two sureties in £l5O each.

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