, 1865-07-17
THE LAKE ERIE PIRACY,
Trial or Hurley In OhIo-4fs Plea OF
H.lJgerent R1Rht9.

THE LAKE ERIE PIRACY,
Trial or Hurley In ohie--His Plea OF
AtIlSEefenf R1Rtt4.
{Frou the sandnfky Reslster.]
The trial OF Bennett G. Burley. for robbery
while on board the steamer Philo Parson;.
commenced on Wednesday, the 1ith. in tho
Court OF Common Pleas Of Ottawa county.
Uhlo, Judge Fitch upon the bench, The triaf
ts prosecuted BY Alfred Russell, Attorney for
tbe Eastern District Of Michigan, and Hon.
J.. ~ n Eoot, Attorney for the Northern Dis
t'let of Ohio: and the prisoner Is defended
by Sylvester Lazned and Judge Ranney, Of
Cleveland.
Th1oDeh Mr. Larned, the prisoner pleaded a
want OF Jurisdiction in the court, setting
forth that the Confederate government, by
its M resident and Secretary Of the Navy, on
the said Burley, an Acting Master in the navy
q The Confederate States; that, as Acting
Master, he vas directed By John 7, Beal,
also Acting Master In the Confederate navy,
TO aid and aseist IN military
expedition e. pt,, By the seizure Of the
between the ports Of Detroit and sandasky,
T1th the purpoae and object On the part Of
the Confederate agents In Canada Of selzing
the United States steamer Michigan, then
ying of 1ohnson's Island, In the State Of
Ohiot and also Of releailng the Confederate
1nent OF the unlted States. at Johnson's
Island Aforesaid; that defendant WAS at
tempting to carry out said expedition, but
that The members Of said expedition we're not
in uniform. and apparently unarned, but
Fald their fare as Passengers. and rose in the
cabin and seized the vessel at the time of the
alleged ct1ense, and said expedition was sanc-
TONED by the Confederate Government. as
appeared BY the proclamation or manifesto
oil the President Of tho Confl derate States.
bearing date Of December "a, 1854, and her.
ready to be produced, under seal and duly
Is military ofiense, over which said Court
has no 1urisdlction, and that said defendant
Is liable to the Federal Government only, as
q prisoner Of war, or to military tribunal.
Walter 0. Ashley, clerk Of the Phlo Par
sons, testified that On Monday tue 10th of
September, 1854, the boat left Detroit at
and passengers. As the boat was swinging
away from the dock, Burley came aud re.
minded me Of my promise to stop at Sand
wltch /; stopped and took three friends Of
Burley's at Sandwich; they were all dressed
IN cltizfna' clothes: about twenty-five men
came on board at Maiden, and they all paid
beard by the party WAS q very old trunk tied
up with cords; everything passed off quietly
until about four O'Clock In the afternoon,
whtn the beat was near kelly'a Ia'aud;
WAS standing On the main deck In front Of the
office and the ladies' cabin q; tho passengers at
this Gme-the1e were about 80, nearly halt Of
whom were ladles-we:e In the upper cabin
three men came up to me, drew 1eyolycrs,
and snld If offered any resistance they
would shoot me; Bennett G. Burley came
from the forward part OF the boat all. followed
BY fifteen Or twenty; Pulley levsled 2 re;
meaning the ladies' cabin. s'or you are . dead
man y the parties that followed him were
not amt at the time; he commenced count
Ing, "one. two, three" and had not counted
q great many before I waa inside the door;
two men were stationed outside the door for
party gathered around this old trunk spoke
Of before; the cords we're cut, the lid taken
Of, and they armed themselvesfr from that with
revolyers and hatchets; most Of them had two
large reEolyere, and portion Of them
hstchets they then took foFcible possession 0f
was kept In the cabin for about one hour I
could look out through the door on the main
deck and sec every thing that was going on !;
Bur1ey with an axe which he found on board
smashed the baggage room door open then
went forward and smashed the saloon door;
to throw the freight overheard; about an hour
should judge after the capture Of the boat,
Capt. BeRu came to me and said he WIS In
change Of the party and wanted the boats pa
pers, and I went into the office and gave him
the papers. and be took them and carried |
them away /; directly after capturing the boat |
che was headed down the lake off her course Eor 1
sandushy; she ran down the lake for half an |
hour, I should Judge, and then turned around |
and ran up the lake to Middle Bass Island, /
tor the purpose Of wood1ng, and also for the |
purpose OF putting the passengers ashore;
nh 1~t-
utes when the steamboat Island Queen came |
aloDgside che is a steamboat that runs from |
Eandueky to these Islands with freight and |
passengers both, making the round trip |
every Day; The party that were then In charge !
Of ,he Philo Parsons went aboard the Island /
board, and brou9ht them on board the Philo /
PafEoDe; part Of them were put In the cabin 4
Of the Pnflo Parsons, and part into the hold:
the passengers Of both boats we're afterwards /
all put ashore on Middle Bass Island after I /
went on shore and had been on Ahore about
half an hour. the boats were started in the
direct ton Of sandusky they were alongside
lashed together; 1t Was moonlight night,
aud when about two or three miles out l
noticed the 1sland Queen drifting from the
philo Patsous; It afterwards proved th.t
milee, and dlifitd On 10 reef
On Wedneedhy Capt. Orr, ofthe Philo Par
sons, and William RaSburs, were eIamtned,
and The prosecution rest: d Its case-
Afr. Lafned OIL. red 10 testimony, the COM
lo1y. Secretary Of the ao-cailed Confederate
St0ies Navy, and aleo IN article signed by
JET Davis, as President OF the so-caiied Con-
Gdetatc s ates Of America, claiming the |
Lake Erie raid as . wur-llhe expedition. for
which taid Confederate Goye,nncn held It,
also signed By Judah P. Benjsmiu, Secretary
o. State Of tic so.ca1len Confederate States
Of America. Mr.. La:ntd asked that ths doc.
nu1t nts presented be received, and With It
the testimony closed- 7-
Fitch charged the Jury that II they fon11 that
Bur1ey was regularly commissioned In the
Confederate States navy, and used none of
the property taken for individual or private
purposes, they shonld return verdict ofnot
guilty also, that If be WAS 10 commissioned.
he had an undisputed right to organize hos
tile expedition on neutral territory.
The Jury failed to agree upon verdict. and
Butley gave bail In the amount Of s, 600, to
appenr FOR future trial.
The sandunky RtgistT says Of the appear
ance and antecedents Of the prisoner:
Bnrley Is quite young man, having passed
hls twenty second birthday but recently.
He fs well dressed, and ABIDE from salloW-
have agreed with him, being fat and hearty.
He appears lively, and talks freely ot the part
he Performed IN the capture Of the Philo
Parsons md Island Queen, but Ia exceedingly
careful In answering questions about Other
hostiles engaged In the same affair. He says
he Is we'll acquainted with Cole, hut Is very
IN h!s conversation in regard to the
part he was to perform in the conspiracy for
the capture OF the Michigan, and the release
Of the rebel prisoners. B1rley's father Is
resident Of Glasgow, Scot1aud, and is possess
ed cf both wealth and influence. He Is the
x<@Fn ~ da-J+ \ -
and has furnished numerous vessels for the
blockade running service during the late re-
bellfon, several Of which were under the man
agement Of bis son, and all said to have been
successful. Els love for ttllnE adventure,
however, induced hin to leave the blockade
te1ests Of the Confederate States Govern
ment, snd he accordingly made his way to
RtchmoId By passing through our lines at |
Alexandria. where he was duly commissioned
w the rebel Government as an officer Of the
Confederate navy, and In company With
Il the same manner of the capture of the
Philo Parsons, by going aboard in disguise.
In one OF his adventures, however, he WAS
captured and thrown into prison at Fort
Delaware, but made his escape soon after
ny GENE 5evan or
swamps for some three weeks. From there
be made his way to Canada, and falling into
the company Of Capt. Beall. entered into his
service as second officer for the capture Of
The United States steamer Michigan, and the
release Of the rebel prisoners on Johnson's
Island, which only resulted In the capture Of
The Phlo Parsons and Island Queen.
Ey The whisky which nan into the sanga-
nun river, from the bonded warehouse which
Vas destroyed By fire few days since, near
Springfield, Is having demoralizsng effect
upon the dsb. Carpenters mill pond, few
miles below the warehouse, Is full Of drunken