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Both Messrs. Gray and Weldon objected to the question as improper. The magistrate agreed with them.] During the CHESAPEAKE Seventeen months the vessel plied between New York and Portland; she had a coasting license. [Mr. Gray objected to any evidence respecting contents of this license; objection sustained.] He had the paper until it was taken away from him on board the ship. On the 4th and 5th December I had charge of the Chesapeake, then lying in North River taking in cargo for Portland. Most of the freight was taken in on the 5th, Saturday. She carried passengers also. saw these three prisoners on board on the trip in question. Saw them first about supper-time, about six o'clock in the evening. We left New York on the 5th December; I was in the wheel-house when the vessel left the wharf. They did not buy tickets; paid their money on board. I identify Collins and recognize the others. I wrote their names on a piece of paper and gave it to the stewardess to arrange rooms for them. [Mr. Wetmore asked the names of the other persons on board. Mr. Gray objected; objection overruled.] There was a person who called himself John C. Braine; said he was colonel. Understood there was a person named Brooks; don't recollect the names of Seely and Clifford. All the passengers paid their passage except two. We proceed direct to Portland from New York; do not call. The vessel, a propeller, was worth $60,000 to $70,000. There was an assorted cargo-flour, sugar, wine, and such like. Do not recollect the owners; do not know its value, probably $80,000 to $100,000. There was no disturbance until Monday morning, 7th. We were then about twenty miles N. N. E. of Cape Cod: Cape Cod is in the United States. About a quarter past onc in the morning, the first thing I knew the chief mate, Charles Johnston, came to my room and called me, saying somebody had shot the second engineer, Orin Shaffer. I turned out of my room and went to see how badly he was shot, and had hardly time to get out of my room before I was shot at. I was at the engine-room door, on the upper deck, where my room was. I found the body of the second engineer lying on the deck; it is more than I could tell whether he was alive or dead; he appeared

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to be dead. I was in the act of stooping down to raise him up when I was shot at twice. I then walked forward and was shot at again; I supposed to be from a pistol. Next CHESAPEAKE day I saw two places in the deck where pistol balls had gone through right by where I was. I can't tell who shot at me. I only saw two persons then. I cannot identify either of these prisoners as the parties. I saw no marks of violence. on the engineer, but I saw marks of blood where his head lay. When I walked forward I was going into the pilot house, when I was collared and a pistol was put to my face by First Lieutenant H. A. Parr, who was in the pilot house. He collared me and said I was his prisoner in the name of the Southern Confederacy. Parr put the irons on me; two or three others stood beside him; they seemed to be standing there doing nothing. He put handcuffs on each wrist. The irons could be made small or large. They put me into my own room; I could have come out when I pleased; no use for them to lock the door. I don't know what became of the body of the second engineer, except what I heard from the others. I was confined an hour, when Parr and sailing master Robinson came to me. They didn't say much, but took me into the cabin; there I saw some of the other passengers who were not concerned in the affair. While I was there the chief mate, Charles Johnston, and chief engineer, James Johnson, were brought in wounded; I had heard reports of fire arms. The mate was wounded in the right knee and left arm; the wounds appeared to be made by pistol shots. I saw the leaden ball taken out of the mate's arm. He suffered considerably from the knee, not so much from the arm. Lieutenant Parr took the ball out of the arm. The chief engineer was wounded by a ball in the hollow of the chin. Parr said he would get the balls out of them if he could, and fix the wounds. The chief mate laid on a lounge until he was put on board of the pilot boat. I remained in the after cabin until eight o'clock next morning. The irons were then taken off, and Robinson went up to my room on deck with me; I was in the room a few minutes and returned to the cabin. When on deck I saw Collins and Seely there; Seely was scrubbing

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brass on one of the timber heads; the others did not appear to be doing anything in particular. Colonel John C. Braine CHESAPEAKE took my ship's papers from me in the afternoon before I was landed in the pilot boat. Braine seemed to have command of the vessel. She was taken from me by these parties against my will and consent. I saw Mr. McKinney on board the vessel. They seemed to be about the vessel, and appeared to be cating the grub up as fast as possible. Don't recollect of seeing McKinney doing anything. The person who was navigating the vessel was named Robert Osburne, a passenger, one of the six who bought tickets in New York. None of the parties named in the warrant had tickets. The first land we made after they took possession was Mount Desert. I asked them where they were going; they said Grand Manan. I asked where they intended to land me; they said St. John. Mount Desert is on the American coast east of Portland. I would not see it if I were prosecuting voyage from New York to Portland. After passing Mount Desert we saw land east of that place. We proceeded to Seal Cove Harbor, Grand Manan. The boat was lowered, three or four men went ashore, remained a little while, and came on board again, when the steamer left and came up the bay to St. John. Next I was taken up to my room by Braine and Parr. Parr made a copy of Braine's instructions and Braine gave it to me. He ordered me to give up the coasting license and permits for the cargo, and the money I had collected from Braine for his party, in all $87. asked for the money he had paid over to me; it was my employer's money. I knew it would be worse for me if I did not. I handed it over against my will. Braine had a pistol in his hand at the time. I handed money, ship's papers and permits to him. The "papers" were the ship's coasting license" from the New York Custom House, under which she was coasting at the time, as required under the American law. After this they (Braine and Parr) took me away from the room, took me aft, and ordered me to stay there. We then saw a pilot boat. We were on our way to St. John. The pilot boat ordered us to stop; some one came on board the steamer from her, stayed a few

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minutes, and returned. Then Captain John Parker came on board and apparently took command. They then took

the

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pilot boat in tow and steamed up to Dipper Harbor. All CHESAPEAKE of the passengers and crew, except two engineers (James Johnson and Auguste Striebeck) and three firemen (Patrick Connor was one), were put on board the pilot boat. The firemen and engineers were kept against their will. Those who went on board the pilot boat were myself, Charles Johnston, the chief mate, Daniel Henderson, three boys and four sailors, whose names I do not recollect, the stewardess

and five passengers. One of the passengers belongs some
thirty miles back of St. John, the other four belonged to
Maine. These five passengers had tickets. Robert Osburne
remained on board the Chesapeake; he also had a ticket.
The steamer towed the boat some five or seven miles and let
go of us. We were put on board the boat about five in the
evening; that was the last we saw of the steamer. I landed
in St. John about four on Wednesday morning. I got a
boat from a big ship near Partridge Island and came to town
with four of my men and two passengers.
From the way
the parties acted in my steamer I was afraid of my life.
Everything was taken against my will. I saw one or two of
these prisoners on watch; they were on deck. I supposed
they were on watch. They seemed to be acting as other
men would who were on watch. Braine's party assisted him
in charge of the vessel. As far as I know these men were
assisting him. I did not see them making sail, or shoveling
coal. I don't recollect of seeing Collins or McKinney doing
anything except being on deck.

Cross-examined by Mr. Gray: I don't deny there has been war in my country for two or three years between those calling themselves Confederate States and the United States. [Mr. Wetmore objected to this as an improper way of proving a state of war. The magistrate did not think this evidence could be shut out.] I can't remember how many States are called the Confederate States- Virginia, North Carolina, South Carolina, Georgia, Alabama, Mississippi (about one-third of the latter). Abraham Lincoln is President of the United States, and Jeff. Davis President of the

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Confederate States. I never heard of Mr. Benjamin, Confederate Secretary of War. I have heard, they say they have CHESAPEAKE a government. I have read Lincoln's proclamation of war against the South, ordering them to destroy the property of the South, but I do not recollect its contents. I never took notice of it to[Here the witness was stopped.]

Parr did put a pistol to my head in the pilot house and said he took me prisoner in the name of the Southern Confederacy. They put the irons on me rather hard. They did not say anything about taking the vessel in the name of the Confederate States then. After they took the handcuffs off there was always a guard with me when I went about. I did not see any act of violence towards the passengers after the capture of the vessel. The handcuffs were also removed from the officers. I left a copy of the "instructions," which Braine left with me, in New York. [Mr. Gray asked the captain the substance of these "instructions; ' Mr. Wetmore objected. Mr. Gray argued the point, and then read from manuscript a copy of Captain Parker's order to Braine, (which Captain Willett had published in the N.Y. Herald and other papers), and asked the captain if the copy was correct. The witness said it was nearly correct. The name of the sailing master in the copy handed him by Braine was George Robinson, not Tom Sayers; the name of the engineer was not given in it, and the number of the men stated was eleven, not twenty-two. In other respects Mr. Gray's copy was correct.] (6). The Confederates kept of (6)

ORDERS FROM CAPTAIN PARKER TO LIEUT. BRAINE.

ORDERS.

To Lieut. Commanding John Clibbon Braine, You are hereby ordered to
proceed to the City of New York and State aforesaid with the following
officers: 1st Lieut. H. A. Parr, 2nd Lieut. David Collins, Sailing Master Tom
Sayers, 1st Engineer
Smith, and crew of twenty-two men. You will
and use

upon arrival there engage passage on board the steamer
your own discretion as to the proper time and place of capture. Your action
towards crew and passengers will be strictly in accordance with the President's
instructions. You will as circumstances may permit bring your prize to the
Island of Grand Manan for further orders, Seal Cove Harbor if accessible.

(Signed)

JOHN PARKER,
Capt. C. S. Privateer Retribution.

December 2nd, 1863.

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