The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-25
The Case " the Ffi,bustex Bark MAGNOLIA. an
BlOl,alo
oolVNU LAIs
from th3 MCti,e AAvA~tiesr Iufv


From ths Mctne Advertiser July 1871
IN AphIEAL.T-B efore the Hon John Gayle.
Unied ssstss Judge--M, d. EslavA swcrn-I am
acting Vice Coieci of tie 6plnish government;
krcw q shs existence OF political crgsnzation to
fvsitniov the spanish government IN the Island OF
Cube. q d revoia,iorizipg that government
Cro.r sxamiI ed-Tte organization, tnink. has .
nag, II Got an optn association, bat oas Of COO.
lpusscEy.
Ctsres Harris sworn-I was second msse OF .hs
EaeEciis; shipped at New York for Barbados; tho
vessel CID nct GO in TIA direction Of BArbsdoes; she
wsrt a. ore 81 Key Vest spoke to 81 mate several
tinee abou. her going cut Il ner course; shipped
fot the Mary Am; were fifteen or sixteen days
so,ng fcm New York 10 tie piA,e WHORE we went
es0eae; she Estckers got rs of AID took az
told me If the wreokers asked VIVA. tae cargo
was, shoud cay IL was provisions and m schinerr
sid ec0 tsem co. VIXEN We discharged the cargo
ca sns bark AraslA, found il consisted Of g7ns,
cle'biog ard ore large gun weighing about three
tees, trts tent poles, carts, usorm clothing sho-
We and fies opeLipg at the bfcech; on thA voyage
sawtee scfefcsIgo sore military jscksk, with asyy
captain and supesea'gc; af.sr reaching g. Jossp,s
the men csUptiLed- oce asked Why be did not take
him 80 toe West dies AZ b had contracted TO do;
catts;n tod linn be sfipped to 60 where he was.
ss.phs the supercsrgo went to New Orl .sns; he
aso Went sshose ut St. JOeepcs on his return from
oos Of shose t,ipa. Head tSe mate Say thsrs wss
geo or 1000 men reedy to 40 upon the expedition;
or Mas. chusetss, and then the United Stafs was
mtrg fer our cargo; the bsik Amsis was Ut Ss.
Jcsephs wen we arrived there; she was hsk
loaded; the app.arance Of vessel halt loaded v
hse ole deeply ballasted shs ca ptairs Of the Am>
liza snd Magnolia were fiirg at q max used rifles;
head shem soy, while feng at marx, that thoso
raes would kill any Cuban; the crews Of the two
IS, yss.e nsc geshes about de.oanclng
b1s is YVES defeated by The mate; in the converse.
tioIs among the crew, they believed an attack Vas
conte a,sd en Cuba; the two vessels the
Ansiis and Magnclia-were las,ei together, aud
while 90 iasned surveying scaooner.canae Ia sight,
art tey tSen stopped shifting cargo, put the
hatthes down, and went to wsshisg the decks. to
cspaits on the appearance Of the sch oo0er, seemed
to be claimed.
Crss examined Walsh ahippad me; did no.
ace Captain Maisten before going on beard; was
shipped for the Mary Aun; went on board tbs
Msgrolis the 5'h OF Magc>; kept no log; the
mate tOc me the weasel Was not On her course for
Bsibscose; an English brig spoke u on our voyage;
the captain answered her that he was bound to
Mobile; my pay was $25 month; shipped for the
voyage cut AND back; there were two guns in the
cargo, sbou. twelve feet lens heard captain aud
fupercsrRo cften talking; IT ID usual on every
voyege ter captain and fupercargo TO DO much
tcgeiter; TIE ate told me there were several hue
died r,femen In Kentucky, all ready; the mate said
zoe snaners aassschusetfs and Uoltsd States were
when tbs su'vaSirg schconer GENE Ia; the ships
ccnusued lashed tcgetter while the schooner
wss in the bay; the captain Of TIE Amelia
the rife woad kin a Cubsn; the cspsain Of tbs
Magnolia never spoke 20 me about Cubs; the
captain Of the Amelia asked slime Of the crew If
they would go With him 20 Cuba; have had no con-
sx
cCnvelsaion with tie District Attorney about the
case; fs.d 20 Mr. Osksmith that I'd make my
ws2es out Of This case; tod him 50 on 18th juno;
applied TO Mr. ksquar 20 libel the vesss in order to
st ip for the port they cairod me g.; shipped on
Saturday, and Mon3sy early went on board asked
be lame tile yes sci and was told It T the Mary
Arr.
Gsne,al W. Smith rtcared-when the nily
Keith entered, ia consequence CT some suspicious
cicumk'ar ces spoke to she captain about disc 1a.g
irg his cargo; he said the coal rsa for some steam
s6irs; he tthe captainl did no: know what; spoke
bbJat TIE cen usrage be ensSe1ed care,essly, that
wsulc oil be stttec, aid be!ore the vessel sailed ne
SAID hat was ali right.
Charles Shretve. sso:n-Was p esent when Mr..
Gasque cok thu legs from the captain Of thu Mag
rtha; be resisted him; had them Them under bis
am; was sisndirg up; refused 30 give them up,
ana Mr.. e. jsIked them from him.
Richard Stet d, suorn--Wss one Of the Nagnolas
crew; shipred for St.. Mar1's, Porto Rico, on the
4th March, The vessel did not take that direction,
but stt cred for the Hole in the Wall; complanedto
the captain OF this when We got into st. Josep1's
would not turn IN to duty; the mate sait could
net he p mysslf, aud had better submit.
Tho vessel was lashed to the Amelia ween trans
fe, ring cargo to that vessel; confirms the ties.
tmtry Of Charles Harris a. 10 the surveying
schooner. and also q t. the in1 alton Of the crew
report cur cor dition 70 she Collector Of ApalAchi
celia 10 that we might be rescued from our situa
tioD states the rsture Ct the cargo. as testified 70
BY Other witnesses.
M Bailey 10 order TO facilitate the ex smina .ion
ADMITS Aey were expecting arother vessel Ut st.
Jcsph's, ard ,hkt there we're Military storss on
bcAld.
Lieut.. Morrison sworn Between st. Jcseph's bay
and Mobile thsIe is only st. Andrews bay and Pom
sacola.
Co.'s. xsmir ed took charge # The Magnolia;
have btsn all over her deck and cabin; not In her
hold she ID bark, OF between three AZ d four huu
citd tors; ysPpesls to 30 ..aunca vessel; nothing
unusual In her fittings out; Lot much room on her
6ects; no place en- her 20 have mounted gun; the
Magnolia hsd of tho characte rstcs OF cruiser
Mr.. Rsquier here conceded that tie Magnolia was
on'y tramp ott snip. and mot intended 10 cruise.
tersticIs that would b necessary to III the Meg
noia for an armed fighting vessel; she would needs
crew Of i50 70 200 men; 10000 gallons Of water
would have been NEEDED; cutlsses and boarding
pixies a,so The exsmir alton CT the witness here
was 6essTsd 20 show that tie csrgo OF tie Magnolia
cculc ro' have been intended for her armament or
equipnels.
CAP. u. Ot,inger sworn As 10 the capacity Of
TIE steamships 81, Lawrence and United States to
carry men, Tor short passage Of four or five dsys
thfy ccuid take on beard ] 200 or 800 men EACH
the SPEED Cf the United States and 81. LaNerce Is
very gleat ths Unifed States Iun from HAVANA 10
New Yak in four and . half Gags, think; the
United Stats could readily be converted into an
efficient pliYhtter; size could carry guns IL feet
org, snd weighing three tors reported the Emily
ktb; she hec been IN the bsy for two weeks before
ve exsmittd her; the suspi icus circumstance Of
her having ccal on beard for an expected stea nef,
END stme other Circumstances, caused me 20 report
hGr TO tue Cole ctol the steamer with great fscii
lies Sor the work, could be converted into prya;eer
in th;ee 6sys.
Cross Exam na.ou.-The alterations could be
dore without being In port, II the carpenters Ia
spfhcient number weIe on board; the Keith lay IN
tie eastern extremity Of the Lower feet; when /
seizsd the Magnolia, the captain yieleed bis clear
sr &c reluctantly; The Magnolia IL only fitted for
frss h,ing vtesel. Witness testified ~ 70 what
would be nsce ssary 10 make her an armed ship
By the Court Hed he Magnolia In tho Bag
Of 81. Jeseph; the Captain had . ciss.arcs from
Key West TO Mobile.
The District Attorney here closed the testimony
for the government for the present
Nr. Bailey, for the claimants, then moved 20
strike the RENE Of 8. 0aksmi.h from the libel, on
a. - i 49, - xxrA a. 49,