The New York herald., 1851-11-01
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SEIZURE OF THE PAMPERO.
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PR0GREAS OF THE LIBEL SUIT.

OCTOBER 9, 1851.
On this day the Court was convened. Phe Dis
trict Attorney, George w. Call, Esq for the libel
LIANT, and the claimant of the steamer l.. J. Segur,
Esq, with his counsel, MCQUEEN Mcintosh, Esq.
and Benjamin A. Putnam, Esq, appeared The
Heels (Nos and y for violation OF tho United
laws, were read by the clerk. On the second day,
October 10th, the testimony on the part of ibelant
commenced by calling to the stand John King, q
member Of the expedition, that departed from New
Mr. King, being duly sworn, in answer to inter-
rogatories, stated,That he went on board the
Pampero as member Of the expedition, about the
second of August, at Lafayette, above the city Of
New Orleans; the vessel was commanded by Capt
Lewis; she was towed down the river by q tow
boat, and had on board, at the time, near seven
hundrtd men |; they went down the Missi ,sppi
and remained in the woods for a day or two.
about two thirds of the way bet ~een the city
and the mouth Of the river; they were taken
over the bar at the mouth Of the Mississippi
by towboat; the boat being too crowded, about
two hundred of the men went on board the tow
ooat at the stopping place on the river, and re-
turned TO New Orleans; the Pampero touched at
Key West the first place, where she remained not
over an hour; witness was told by Capt. am,
70 whose company he belonged, that they were des-
tined for the coast of Cuba; but witness had no
previous knowledge that he was destined for Cuba.
and should not have knswn the Inland of Cuba if
he had seen it. (On witness being asked what
was the ultimate destination of the Pampero when
she left New Orleans, claimants counsel objected
after they left Key West witness believed the land
could be seen with glasses witness was sick, but
was at the time on deck; Gen. Lopez told him that
th.t was Cuba; witeess could talk little Spanish,
and conversed with Gen Lopez as they approac
the shore; ne was looking att with the glass and
witness asked him wha, country that was; witness
inquired que tfrra cs? he answered Cuba; being
sick, witness did not land with the other men, but
returned with the vessel, though he did not know
where she was to 60, nor whether she to ,urn
to Cuba or not; witness states the vessel touched
egaln at Key West after she left the coast Of Cuba,
and he became insensible afterwards being sick
on board for some time; he beea ne conscious when
they mace landing somewhere q river of Flori-
da, to cut wood; he remained on beard until he
reached Jacksonville, when he was assisted ashore
by Two men; witness states they got very short of
provisions before arriving at Cuba thst on their
hrst arrival at Key West there was a small boat
came alongside, and put somo few things on board,
packages; did not know what they contained;
they touched at place after they left the mouth
OF the Mississippi. and did not 90 to the wharf there;
Gen: Lopez was the commander on board Of the
whole OF the forces the steamer was said not to bs
in good order; she did no: exceed ten miles an hour
at any time; witIess was not nativ, of the nited
States; had been in the Us;ed States some twelve
or thirteen years, and was never absent except in
Mexico and on the coast of Cuba; does not recol-
iect seeing any flag flying on the Pampero while on
board oil her.
OCTOBER IL, 1851.
~ T. Titus, Colonel Of the expedition, sworn t.
Witness Enew not the steamer Pampero; knew a
vessel commanded by Captain Lewis, called by
some the Pampero, AMI by seine the Washington;
does not know that the vessel registered had
papers. Questions asked witness Dy District At.
tcIney, objected to by claimants counsel, aud over
ruled Ihe vessel was bound to Doboy when she
left Jacksonville and was destined to Cuba. (Wit-
ness declined ans String certain questions, the
ground that it mig ht crimiaate himself) Witness
had comm and of the vessel from Gen. Lopez
meant command Of the passengers on board o. her;
hao the right to direct the movements Of the yes
sci; controlled the movements Of the vessel for
some time, with the assent OF the captain
on board, which assent arose from the fact that |
was entrusted by General Lopez " .th the direction
OF her; witness received On board passengers, mer
chaldise, aId freight ct Jacksonville the mer-
ctan6ise ard freight belonged TO bin; took it on
beard ier the purpose Of going 10 Savannah. with
nnt deiLiie nstrue;ioDs what be shogld do with 10
at that tine; had 10 maniiests (ieclinod answer
ipg certain questions on the gscund Of eliminating
himsef;) w.tress went fron Thunder bolt (,f,er
leaving JseksonvDle) to Nassau river, AID taepce
into and up the Sc. Johns river. when his con-
nestion with the boat terminated. (Questious
asted by District Attorney, to wh CD claim ants
counsel ohject) Witness received Information n;
Nassau OF he defeat Of Lopez; this was tie
Why the voyage vas not Continued; not more than
half dozen were on board when he received the
Information; the PASSENGERS were all on Jiore to N
porarily; most Of the passengers were left at MAI
sau; some twenty five or thirty came up to Jack
.onyile in tie vessel the freight went also up the
sSt. Johns; good portion OF tho freight was put
thirds " The cargo were brought ba TX 70 ST Johns
river. (Witpess was asked what the boxes con-
teined that were put off at Thunderbolt. DEFINED
aLsweTlng, as 10 might cTi uina.e himself) The
place in the vicinity Of Tnunderbot aud place
called Warsaw Sound, short distance below;
five or six miles; when witness took command of
the PamTero, IL was not his intention to 60
into the coasiing trade between the st. Johns
and Savannah; he was then engaged in
pleasure excursion did no. know who was the
owner OF the iampero-se many owned hpr, IL was
hard to tell sho Owned her witness received ver-
bal communications from those persons who placed
the Pampero under his control the Grst informa-
tion he received was from Mr. Fillayerds, an agent
sf General Lopez, about two days before tho Pam
pero left New Orleans, from sealed packages
brought by and Conversation with him Mr.. Villa
verde was the recognized agen. and aid OF Gen.
Lofez so witness was instructed by Gen. Lopez
witness received the control Of tie forces on the
vessel fOm G. en-. Lopez himself, and that co and
carried with it the control Of the forces Of the
sci Capt. Lewis was he captain Of the boat fiom
the time she came to Jacksonville until seized by
the eellec,sr witness does no: remember whsther
any United states flag was ever raised on the
vessel no Gag was raised on her to his knowledge
she had United States colors ard signals on board;
she bad no other dag witness bad one Sag himself
on board /; was red, white and blue flag, with a
star in the middle Of 1t three stripes red
white, and one blue IL was pretty well used up when
he saw II the vessel had two mates, 6Fst and So
cond mates, failing master, and captain witness
asked Capt. lie rIs n second time about the papers,
and he said be had LEFT them in the custom. house
at New Orleans, and had come away and forg often
them; he did not tell witness that he had papers
from any authority other thsa the United States
be did not tell whether he b ad papers from Cen.
LopeE / do not know that he had.
Crosse xamined-ln answer to iIterrogatories.
witness stated he did not know that this vessel was
engaged in any trade Of merchandise to any foreign
port; the trade was carrying men to the island
Of Cuba this vessel was not prepared for any for
ei On voyage at the time she aba sndoned the trip;
when shs left Jacksonville for ThunderbOlt, she
went for the purpose Of getting coal, provisions,
ard passengers, 20 60 on q pleasure excursion; her
ultimate destnati IN was Cuba, but where she
would 60 from Thunderoolt depended on circun-
stances; she took on board at Nsssau Sound eighty
passengers aud provisions; she did not take in the
coal; the vessel could not 70 to without fuel;
that was the only reason che sould not 20 to sea.
EXAMINATION ON LIBEL NO 2, FoR VIOLATION or
NEUTRALITY LAWS.
Witness states that he has certain letters In his