Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-10-29

personally, but he had met with one, whom
he supposes is an officer OF the Cuba Capt
: Ingraham), at his house in this city two OF
three weeks ago Sunday. Ii was before
the vessel came up. Capt. Ingraham said
he wanted to get coal for a steamer below
in distress, and wished it delivered i'm
mediately. Witness declined to deliver il
on Sunday, but finally agreed to deliver tc
boat ready to receive it at midnight. Ap.
plicant said he would give So more pc,
ton than the price asked $50 if delivered
Immediately still refused. He
was told that the name of the vessel was
the Gettysburg witness didn't see ap
plicant afterwards-he didn't get the coal
men went down to deliver it, but the Of
fcer didn't CALL The steamer was said to
be bound from New York to New Orleans.
Capt. Ingraham was dressed il citizen g
clothes. and was accompanied by the
IChief Engineer of the steamer.
The Government here offered in evil
dence, temporary register No. 70 of the
Hornet-also register No. IA; and wanted
to show that Mr.. Esling, citizen of the
United States, was master of the Hornet
at the time the register was taken out.
The Government here closed it's testi-
mony. The counsel for the defence con-
fessed ignorance that it would close SO
soon, and asked an adjournment till next
day. The Court then adjourned to Tues
day morning 10 o'clock.
| TUESDAY, Oct. 26.
On the opening of the Court, Mr.. Davis,
for the defense, proposed to introduce
several officers of the Cuba witnesses.
This meeting with objection from the
Government counsel, Mr.. Davis stated
that in 1862 Congress passed an act as to
the competency of witnesses, making State
laws the test OF competency in the Courts
of the Z. S. in each State. Criminal cases
are governed by the common law; and by
the 34th section of the Judiciary act of
1881, rules of Evidence in civil cases are
regulated by the common law; therefore,
civil cases being provided for, the act
of 1862 must ipsO facto refer to criminal
cases. Every defendant is a competent
NlGueSS 4OE HIS Co-uclcuoauI-SO uCCA1tOo
by the Supreme Court of N. c.; but a
party is not compelled to give evidence
which might criminate himself.
Mr. Phelps contended that there was
nothing in the statute which included
criminal cases; and that the laws of the U.
S. are not to be disturbed by laws of the
State on this subject.
Judge Meares contended that such tes-
timony was admissible under the act and
that it expressly states that the rules of
State Courts must prevail here.
After much argument further on this
subject the Commissioner ruled that the
witnesses were competent.
Mr.. Gibson introduced, Mr.. Davis con-
Quoting the examination-witness stated
he was from Liverpool, Eng. Heard of
Hornet in Halifax, U. S. Wanted a posi-
ton, and applied to Hornet and shipped as
mate. 7th or 8th of September. Left Hal
flax Sept. 12th-next port made was Will
mington. Was on board Hornet off No
years-past Is years as masters and mate.
At No-Man' island remember schooner
coming up and putting men on board about
s or 10 miles from shore-took in some
heavy cases from another schooner, still
about s or 10 miles from shore-cases we're
heavy-steamer was never within 3 miles
of shore. No order was given as to ap-
preaching within a marine league. Mar
tina Washington came up at Fire Island
Hornet then 10 miles from shore. She
was only miles at No-Man g. Land-at
Montauk Point was over 3 miles out
Witness went ashore in boat, took 80 min
utes to go with five oars and over an
hour to come back.
Cross examined by Mr.. Phelps-Arrived
at New York from Liverpool and remained
IL days-went to Boston-staid about fort
night-went to Halifax. Heard Hornet
wanted man-went to Capt. Esling-he
wanted mate for voyage to Queenstown.
Left Halifax in 4 days. Mr.. Phillips was
on board-saw Mr.. Dornin on schooner
off Fire Island, laying seaward-steamed
out to schooner--not the first schooner
saw or made for-irst was vessel We took
men off-made land at Fire Island. Had
about 100 tons coal at Halifax, nothing
else. Only been to New York harbor once
in my life-saw position of Fire Island on
chart. Had Is or Is men at Halifax, sea
men and fremen-understood from cap
tain would have men by and by. Did not
look at chart on Fire Island, but knew po-
sition from inspection of chart made be-
fore. Said he had made a mistake-was
No Mans Land made first-was in the day,
s or o'clock Remained off No-Man' 8
Land day or two-first vessel saw was q
schooner, off No Mans Land under sail
we were approaching each other, with No
Mans Land II or Il miles astern of us
land in sight-didn't know what land it
was-didn't see any colors on schooner
we had none at Halifax or there, and not
till last September about 20 miles from
American coast-colors then Cuban en-