The Toledo chronicle. [volume] (Toledo, Tama County, Iowa) 1873-1924, 1874-01-01

entitled to United States registry
and il one is obtained by false oath
as to that point, and the fact Is that
the vessel is owned or partly owned
by foreigners, she cannot be deemed
a vessel of The United States, or en-
titled to the benefits OF privileges az
pertaining 10 such vessels
The Vlrginius was registered in
New York on the 26th OF September,
1870, IN the name OF -- Paterson,
who made oath as required 10y law;
but aepositions suhm tied abundant
| Nv show that in fact Patterson was
not the owner at tba, time, but that
be vessel was the property of Ger
tain Cuban citizens in New York,
who furnished the necessary funds
for her purchase.
J. E. SHEPPARD, who commanae;,L
n, - ouu .utt ..cw ORR
with certificate Of her register in
the name oil Patterson, testified POS.
itiyely tina. he entered into an agree,
ment TO command said vessel at an
interview between Quesala, Mora,
Patterson, and olhers, at which il
was distinctly understood that the
Virginius belonged to Qaesada Mo-
ra, and other Cubans, ana that SAID
Mora exhibited to him receipts for
purchase money and tor repairs and
supplies upon sad steamer, and *
pIaius to him how said funds
were raised among the Cubans in
New York.
Alolpll de Varona, who was Sec
rotary OF the Cuban Mission IN New
York at the time the Nirgiulus was
purchased, and ate: wards sailed III
her as QaesaJas Chief Of State, les
/ flied that he was acquainted with all
! tie details Of the transaction, and
knows tina, the Nirginias was rur
chased with funds oil The Cubaus and
with ,he understanding and arrange
mont that Patterson should appear
as the nominal owner, because tor
rignels could rot obtain a United
States register for I vessel
Francis Bower, Charles Smith, Ell
ward Greenwood, John Nlceann,
Matthew slarpiy, Ambrose Raw
Iings. Thomas Gallagher, john Fur
long. Thomas Andersen and George
W. Mixer, who were employed up
Oh tie yir.inius IN various capacities
alter she was registered in the name
| Of Patterson, TESTIFY clearly to the e.
feet that they were informed ana un-
aerstool while they were upon the
vessel that She belonged 10 Qaesala
AMI the Cnbans represented by him.
and that lie nayigaIed, controlled aud
treated sae'l vessel In al respects as
ihougi. It aas his property. Nothing
appears 10 weaken tie force Of this
testimony, though the witnesses were
generally subjected 10 cross examin-
alton; but, on the contrary, all the
circumstances Of the case tend IS its
corroboratIon.
With the oath Tor registry the
statute reqaires bond to he given.
signed by tile owner, Captain, and
one or more suretics; but there were
no sGreties upon the bond given by
Patterson aud Shepard. Pains have
been taken TO ascertain II there was
any Insurance upon the vessel, but
nothing OF the kind has been found
out. Quesada, Narona, and other
Cubans who took passage upon the
Vlrginius, instead Of going OH board
at the whar! in the usual way, vent
aboard off q tug after Tho vessel had
left the hal Dor ct New York.
l cannot do otherwise than TO
hold, upon the evidence, tia, f.ttcr
sons oath was false, and that the
register obtained III lis name was d
fraud upon the navigation laws OF the
Unitci States. Assuming the ques
ton TO be-what appears to conform
TO the intent of the protocol
whether or not the Vifginius, at the
time OF her capture, had right, as
against the United States, TO carry
the American flag, l am Of the orln
ion that she had no sach right, be.
cause she bad not been req, tered .ac
cordisg 10 law but | am also OF the
opinion that she was IS much exempt
from interference on the high seas by
another power on that ground as
though she hal been lasyiully regis
tered. Spain, no doubt, has righ:
to capture vessel with al Ameil
can register, and carrying the Ameri-
can flag, found in his own waters,
assisting or endeayorng to assist IN
in Cuba, but, she has no |
right to capture sach vessel on tile |
lis,h snas Inc I, ~, anureh cnsinn tint /