The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-03-04

Country" was first published, the American peo-
pie we're startled ct the bare possibility of its
truthfnlness, and the very extravaganza OF the
conception contributed to its plausibility. Philip
Nolan has almost q parallel in John @. Brain.
Arrested 10 1866 upon charge of piracy and muir /
der he is still In the Brooklyn penitenIiary in 1859.
and constantly surrounded by convicts, he Is held
In confinement without trial When Andrew John
sons's psrdons have reached every one beside
and opened wide the prison doors to worse than
he. .lh0Ilina 80 HStp - adlnas0 i4oI
One who had first seen Brain at the time OF his
examination before u. s. Commissioner Newtoni
in September, 1866, yesterday went in search Of
the prisoner whose confinement has been 90 unu{
sual. Calling at the jail In Raymond street, he
found the prison van at the door filed with con.
victs ready to be conveyed 10 the penitentiary.
Seating himself on the box with the drivers
cheerful old cove who does not look at all as II he
had delivered, upon an average, dozen men per
day to the Keepers OF that institution for full as
many years-thc van bore the entire party along
Flatbushave, and through Prospect Park TO the
penteDtiary. The villainous smoke and sombrs
looks within were in strange contrast to the fresh
air and cheerful skies without, but arriving at the
pententary all entersd that castle OF delinquency
together. The formality OF receiving and dsposl
ing Of the coavicts being ended, he then had an
opportunity to esk for Lieut.. Brain. After brief
delay, the consent of Brain to the visit having
been first obtained, be taken for the interview
into the well warmed and lighted corridor. The
prisoner cheerfully reached out one hand by way
Of friendly welcome while in the other he held his
pipe and tobacco box, the solace Of his prisos
hours. The formalities of the interview being
over, pencil and paper were soon ct work tracing
the story which had been told in the newspapers
before. but this time it came from Brains own
lips, and in his own way. Long after the heat and
passion of the war had passed, and with his proud
spirit mellowed. il not overcome, by confinement
and suffering, il has new interest and personal
charm.
He said Ny name is John c. Brain-not
n A. H..
in the Confederate navy. Ny commission aud
orders were written on hy.sheet note paper, and
they were either worn out or lost. The archives
of the Confederate naval department. being de.
stroyed by the federal forces, 1t Ia impossible to
obtain the original papers deposited there, but
have placed afidavits in the hands of the attorney
general of the United States setting out all the
facts in the case. These affidsvts are by Stephen
r. Mallory, the secretary OF the Confederate navy;
DR.. Jones, auditor Mr.. Tidball, chief clerk OF
the naval department; Admiral Semmes, Capt.
Msfft, and others. In June, 1863 received or.
ders from the department at Richmond to go
North with my command, consisting OF IL officers
and men, and take passage in a steamer with the
purpose of capturing II upon the high seas. The
Chesapeake sailed from New York for Portland in
December, and took passage upon her in obe-
dience to the orders had previously received.
After seizing the vessel / was to proceed 70 Seal
Cove, In the Island of Grand Maoan, off the coast
Of Maine, for coal, and there hand the vessel over
TO Capt. John Parker, my superior officer. Ia
making the capture | detailed Lieut.. David Cow.
Inns and two men to take charge Of the engine
and fre-roon. The engine-room communicated
with the cabin by door on the port side. After
seeing the men go into the eDgine-ro passed
forward, Lieut.. II. A. Parr having charge of the
deck in my absence. While forward l heard
shot fired In the eDgine.room, and at once went
aft through the cabin into the engine room, aud
thence into the hre-room, where | found the
fireman in irons. Returning TO the deck | found
no one in the engine-room, but. much to
my regret, saw the body Of the second engineer
OF the Chesapeake lying across the threshold Of
the door. Going forward found Lieut.. Cowlns.
who reported to me that when he went into the
engine room the engineer was below oiling the
machinery, but after securing the fireman be
found that officer at his post. He ordered the en-
gineer TO surrender as a prisoner of war to the
Confederate States of America, and that off GER
replied by firing shot, which manned one of the
men for life. / did not see the firing which fol-
lowed, but after seeing the man in the doorway,
sent Lieut.. Parr, who was regular physician, to
examine him. Lieut.. Parr pronounced the man
dead. One Of the witnesses who testified before
U. s. Commissioner Newton, said that he saw me
in my shirt sleeves with knife In my hand. This
is not only not true, but 1t is very unlikely that il
should be true, the day being bitter cold day in
December. had no arms except Colts revovers.
On arriving at Seal Cove after the capture |
found that my superior officer was not there. |
remained about three hours, and then proceeded
up the Bay Of Fundy, meeting Capt. Parker at
sea, in pilot boat, about 60 miles from st. John,
N. b. The captain, officers, and some of the
crew of the Chesapeake we're transferred to the
pilot boat and taken to St: John. Capt. Parker
then took command, and changing the course Of
the vessel put into Shel5urne, Nova Scotia, for
the purpose of coaling. While the vessel was in
the port was ordered to Halifax to procure sup
plies, and was never again on board the Chess'
peake in an official capacity. The ship was re-
captured ins Sand Bar Harbor near Halifax,
by the United States gunboat Ella and
Annie, Captain Nichols, and taken to that
city, where the original capture was adjudged
an act Of war. The vessel was handed
over to the owners, Messrs. Cromwell x Co. OF
New York, upon deposit Of 1000 being made
to the British authorities, and Mr.. Seward after
ward made an apology for the recapture. wish
to make clear statement that in every capture
made private property was scrupulousy respected
and human life never heedlessy sacrificed. The
men were armed with Colts revolvers, but carried
no knives or other weapons. In every case |
issued strict orders to my officers and men not to
fire upon any one unless resistance was offered.
At the close of the war was 10 command of the
Confederate States schooner st. Mary's 10 the
West Indies. Upon being informed of that event
burned the vessel and returned to this country in
October, 1865, trusting for security TO President
Lincoln's proclamation OF amnesty. | engaged ia
business at Savannah, where my family now are.
On the 18th of September 1856, was arrested st
tie Wall House in Williamsburg, and, after being
ironed, / was taken to the foTty-ffth precinct
station house, where was kept all night without
orally for it. took a cold that night which has
been the cause OF much suffering. After being
taken before the United States commissioner 1
was sent to this prison, where have been ever
since, my case being continued from day to day
and month to month without trial. | wish to
rep eat that am not by any means the blood
thirsty individual have been represented.
Lieut.. Brain was q tall, straight and command.
ing looking parsonage when In health, but his suf-
ferings in prison have been so intense that he
cannot walk without the aid of a crutch, and is,
perhaps, permanently disabled. His right foot is
much swollen from inflammatory rheumatism,
disease he attributes to the unavoidable dampness
of the prison, and he lie indeed wreck of the man
who entered it nearly three years ago. he is
only 70 years OF age, but says, with truthfulness
that is apparent in his looks that since his mpris-
onment he has grown old faster than with the
fight of years. He is Of mild and stfabs
manners and agreeable conversation, and seems
in his bearing to have kept hmself untainted from
the prison atmosphere about him. A widowed
mother and two young daughters depend upon
him for support, and he expresses himself as
anxious to be with them. Efforts are being made
to secure bis pardon at the hands Of Pre- dent
johnson, but if he is not pardoned, the Constitu-