New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1859-10-19
NUMBER 1872.

OF Cnba which the fishermen had hoisted. Cant |
Seeck at once identified II as the one he had seen
Mr. Miller then asked to have the fiau fled in owl
dence.
DdD1 Sflck11ey s,rOrn.-Is General Sur,cr;ntend |
ent Of the Balize Telegraph Line Knows nnth;na |
Of any dispatches that came up whilst aeensed
were at the Pass. Never received dispatch
signed Fayssoux. s75i 7'9S1-
Mr.. Miller here stated that it would he necessary
to have the testimony of Capt Balls before proceed
ing further; but as the Captain was unwen and
and unable to appear in Court, he asked a suspen-
sion Of proceedings until the Captain could be
visited and his testimony taken at his residence.
This was agreed to, and the Court adjourned to
quarter past 2 O'Clock.
The Court re-opened at the hour named. The
testimony of the absent Capt. Jas. Balls was pro-
duced, as follows:
Capt Balls sco,n-Nas at Pass rOntre on the
morning when the Panther arrived; don't remem-
Der the day of the month. Was in the pilot house
at the time. The Panther landed abreast of the
telegraph station Capt. ReZeau and gentleman
dressed As Captain" 1t was Capt. Fayssoux. He
did not go into the pilot house. He came out of
the telegraph station, and went to the Panther in
boat Capt. Rezeau sung out "fre up..' The cut
ter was reported from the lookout as coming down
from Pass fOutre with boat with two chimneys.
When the report came did not hear Fayssoux say
anything to the men. When he got to the boat
some order given, and the men disappeared.
Before that time, the men had been sitting on the
deck, and when Capt. Fayssoux came alongside
they went below. Capt Rezeau came out Of the
piothouse, and gave the order to "iire up and
the anchor was weighed and the order given to 60
below. Did not go among the men at Southwest
Pass. Saw them at the telegraph station: they
were peaceable and quiet; saw no arms among
them: DID not hear any OF their conversation at
any time, except from the man who came ashore,
and that was very little Capt. Rezeau said in the
pilot-house that the were short of provisions
Heard Capt Rezeau say nothing to Capt. Fays-
SIOUX. When Capt. ReZeau said fire up,ff Cant
Fayssoux was in the telegraph station. The men
said nothing: they were quiet.
C1oss-erdn,ined.-No one of the three persons
referred to reported that the cutter was coming
up. 1t is not usual for pilots to announce the ar
rivals of cutters it is customary to announce mer-
chantmen. Did not hear distinctly the order that
was given on board the Panther; but in less than
five minutes after the order was given, the decks
were cleared, and the men went below. Witness
was about sixty yards from the Panther at the
time.
After discussion among counsel as to the order
of Introducing witnesses, the examination in Court
proceeded.
Thomas McC1eland acknowledgements the tow
boat Panther, as a member Of the Ocean Towboat
Association, to which the Panther belongs. Knows
none of the accused except Fayssoux, and knows
him but slightly. FayssOux never applied to him
for the use of the Panther any other boat never
had any conversation with him. Witness gave no
order to Capt. Rezeau about Fayssoux and his
| friends The boat went down in the usual course
of business, for tow. Witness has been to the
Passes several times, on towboats. 1t is usual to
take parties of people down. Witness described
different parties who had gone down ON the tow
boats, for business and for pleasure.
Mr.. Miller here asked for the witness Wells, tele
graph operator at the Southwest Pass, who had
been suppened but had not yet arrived. As il
could not be known when the attendance of this
witness could be had, and as Mr.. Miller insisted
upon having him as the very next witness, Mr.
Soule rose and severely criticised the course Of
the Government in not having taken the proper
| measures to secure the prompt attendance of its
witnesses. Mr.. Miller asked for the Marshal's re
turn in regard to the matter. Marshal Kennedy
reported that Wells had been sent for by tele
| graph.
In reply to Mr.. Soule's structures on the Govern
ment, for not securing the prompt attendance o
its witnesses, and Mr.. Wells in particular, Mr..
Lusher made an eXplation, in which he stated that
Mr.. Wells, upon being telegraphed to, had tele
graphed back that he would have to consult with his
employers before leaving vacant his station very
important one that he (the commissioner appre-
ciating the difficulty, and the great inconvenience
that Wells sudden removal would be to the ship
ping and mercantile community, allowed the mat
ter to rest, until finding that his presence would
| be absolutely necessay, he sent message to hin
to come up to the city anyhow. And as he had
| not vet arrived he would now send an attachment
| for him.
| Mr.. Miller asked thatall the Government witnesses
be attached, to appear in Court to-day Mr.. Lusher
| declined attaching those witnesses who had been
examined, but agreed to attach those who had not
ingly issued, and the Court adjourned to this day
at eleven O'Clock,