Q. (Another paper shown.)

Is that also in Mr. Crampton's hand. writing? A. Yes, sir, that is Mr. Crampton's handwriting. The paper, which was read, is as follows:

WASHINGTON, February 4, 1855.

SIR: With reference to our late conversation, I am now enabled to give you some more definite information on the subject to which it related. I am, sir, your obedient servant,

H. HERTZ, Esq.

[Envelope.]

JOHN F. CRAMPTON.

Q. Do you know Mr. Wilkins's handwriting ?-A. Yes, sir.

Q. Is he provincial secretary?—A. Yes, sir.

Q. (Paper shown witness.) Is that his writing?-A. It is. I have seen him write; that is his signature on the back of it.

Q. Do you know whether Hertz was in Halifax in June?—A. Yes, sir, he was in Halifax in June.

[329]

Q. Do you recollect the day ?-*A. I cannot recollect what day; it was in the beginning of the month.

Q. In whose handwriting is the direction on the envelope?-A. I believe it is Wilkins's too.

The paper, with envelope, was read in evidence as follows:

PROVINCIAL SECRETARY'S OFFICE,

June 11, 1855.

SIR: I am in receipt of your letter of this date, and am commanded by his excellency Sir Gaspard Le Marchant to inform you that, in reference to the claim ad-vanced in your communication, Mr. Howe, previous to his departure for England, distinctly stated to his excellency that the moneys which you had received on account more than canceled any claim that you might prefer.

Any instructions given to Mr. Howe by Sir Gaspard will speak for themselves, while Mr. Howe will best account for his own acts on his return from England.

In his absence, nothing can possibly be done by Sir Gaspard in relation to yourseli. You must consider this a final answer, given by his excellency's command.

I have the honor to be, sir, your most obedient servant,

Q. Are you acquainted with the British secretary of legation?—A. Yes, sir; I have seen him.

Q. Do you know his handwriting ?-A. I have seen his writing, but never saw him write. I never had any conversation with Mr. Lumley.

I always addressed my letters to Mr. Crampton or Mr. Lumley. I never received any replies from Mr. Lumley.

The defendant's counsel admit the paper to be in the handwriting of Mr. Lumley, and it is read in evidence as follows:

WASHINGTON, May 31, 1855.

SIR: In the absence of Mr. Crampton, I beg leave to acknowledge the receipt of your letter of the 20th instant. Although I am not aware that I have had the advantage of making your acquaintance, I beg to inform you, as secretary of H. M. legation, that no charge against you of the nature to which you refer has been made to me. It is, therefore, superfluous to add that I have never expressed the opinion reported to you as having been used by me.

I am, sir, your most obedient servant,

T. SAVILLE LUMLEY.

Q. Did you know the vice-consul at New York?-A. Yes, sir.
Q. What is his name?-A. Mr. Stanley.

Q. Do you know his writing ?--A. Yes, sir; I have seen him write. Q. (Letter shown witness.) Is that a letter of Mr. Stanley's ?—A. Yes, sir.

The letter and envelope was read in evidence as follows:

NEW YORK, June 19, 1855.

SIR: I am obliged to you for the cutting from the newspaper which you forwarded with the note of the 17th, both being received by me yesterday. I do not understand the spirit evinced by the writer of the newspaper paragraph. I am not yet aware of any United States laws being broken in the matter to which he has reference, and have not the slightest interest therein.

Regarding your claim against the Nova Scotia government, I have not received any communication from that quarter, as you led me to expect would be the case. As I informed you when in the city, it is not possible that I should be acquainted with the subject; but, if so ordered, I shall be happy to remit you the amount.

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[332] I have seen Mr. Mathew, who happened to be in New York, being in hopes that I might procure through him some information which would aid you in this matter, but being unsuccessful in obtaining any, it is utterly out of my power to forward your views.

(A card here shown witness.) Do you recollect that card ?—A. Yes, sir.

Q. It is written in what language?-A. In German.

Q. Do you know whose writing it is in ?-A. It is a card written by Mr. Benas, at the request of Mr. Hertz.

Q. Who was Mr. Benas?-A. He was at that time with Mr. Hertz.

I do not know Mr. Benas himself. He was with Mr. Hertz, and this was brought to me by a man who came up to Halifax and enlisted in my company.

Q. Did he go with you?-A. No, sir, he was sent to my company at Halifax, by Mr. Hertz, and he brought this card to me, recommending this man to me as secretary of a company.

Q. This man was enlisted in your company ?—A. Yes, sir.

Q. Before you left ?—A. No, sir.

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[333] *Q. He came on after the company left here, then ?— A. Yes, sir.

Q. (By Mr. CUYLER.) Did you see this card written?—A. I could not have seen it because I was in Halifax, and this man brought it up there.

Q. Do you know Mr. Benas who signs it?—A. I know him now; I did not know him at that time.

Q. Are you familiar with his writing ?-A. I never saw him writing, and cannot say of my own knowledge that this card is in his.writing, but it was brought to me from this very man.

(Mr. Cuyler objected to the reading of the card in evidence.)

It was shown to the jury, but, as it was in German, few read it. We present a translation:

I recommend to you the bearer of this card, Mr. Sporer, an excellent and perfect penIf it lies in your power to obtain for him a position as clerk in your company, you will thereby greatly serve me.

man.

By request of H. Hertz.

Q. Do you know Turnbull?—A. Yes, sir.

M. BENAS.

Q. What was he in June, 1855 ?—A. He was at that time an agent for Mr. Crampton.

Q. Where is he located?—A. He was sent to the West, to Cincinnati, to aid Colonel Korponay.

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[334] *Q. (Letter shown to witness.) Is that his letter to you ?—A. That is Mr. Turnbull's letter to me from Cincinnati.

Mr. Van Dyke offered the letter in evidence.

(Mr. Cuyler objected. The objection was sustained, and the letter ruled out.)

CHARLES RUMBERG sworn.

Examined by Mr. VAN DYKE :

Question. What is your business?-Answer. I have been editor of the Philadelphia German Democrat, and I am now editor of a German paper at Pottsville, and co-editor of the Adopted American here.

Q. Will you state whether you have ever been in the army?—A. Yes, sir, I have been in the army of several German states. I have been captain. I came to this country nine years ago.

Q. State whether you ever saw Mr. Crampton?-A. I have not seen Mr. Crampton; I have seen Mr. Matthews.

Q. Will you state what took place between you and Matthews.-A. After having read the proclamation and resolution of the British government for enlisting able-bodied men for the "foreign legion ?”

Q. That is the one passed in Parliament?-A. Yes, sir; asking for recruiting able-bodied men for the "foreign legion." I went to Mr.

Matthews, and said to him that I could enlist from four hundred [335] *to five hundred men. Well, I made no arrangements in relation to the enlistment with Mr. Matthew, but I gave him a letter to the British minister of foreign affairs in London, and he told me he would transmit it there.

Q. How long after that did you see Mr. Howe?-A. Six or eight weeks after that.

Q. Where did you first see him?--A. He came to my office on Third street, and asked me to agree with him as to the terms for enlisting men for this legion, and I replied to him that I would come on another day to see him for the arrangement of that matter. I went to him and met there Mr. Hertz.

Q. Where at ?-A. Jones's Hotel.

Q. What took place there ?-A. After having some conversation with him, I considered it too hazardous and dangerous to go in that concern, and then I retired. I declined to engage.

Q. Did you see him afterward?-A. Yes, sir; but at that time Mr. Howe promised to give me a commission in the "legion."

Q. Was Mr. Hertz present at that time?—A. Mr. Hertz was present at that time.

Q. What else did he say to you?-A. That was all.

What inducement did he hold out to you in order to get you to go into this business?-A. I did not know at that time precisely [336] that *the laws of the United States forbid the recruiting, and not believing that it was against the law, I would have gone into it, but after having consulted with many of my friends, I came to the resolution to decline.

Q. Did you see him afterward?-A. No, I did not see him after that. (The original draught of the proclamation which Mr. Strobel testified was the handwriting of Mr. Howe and is given above-see page 326 for this paper-was here shown the witness, and the question was asked him whether he had ever seen it? He answered, I have seen that paper before; I have translated it, and it has been inserted in the Philadelphia Democrat, German Democrat, and Free Press.

Q. Who asked you to translate and insert it?—A. Mr. Hertz.

Q. Did you ever go to Mr. Hertz's office?-A. I have been to it once or twice; it was only to see what was going on.

Q. Did you ever go to collect money for his advertisement?—A. No, sir; I think Mr. Murris, the clerk, did that.

[337]

What was going on there when you went there?—A. I have seen there many men, but it was not my business to look at it.

*

Q. Did you ever ask Hertz, or did he ever tell you, without being asked, how many men he sent to Halifax ?-A. Yes, sir; he told me he sent 100 or so on to Halifax.

Q. Did he say what he sent them for ?—A. No.

Q. Did he tell you who took them?-A. It was only in a conversation in the street, and I was not particular.

Q. Did he ever say anything to you in reference to your going there yourself to take the command?-A. Yes, sir; he has told me to go, and I have replied that I would not.

Q. How often did you see Hertz in the presence of Howe?-A. I believe twice.

Q. When was the second time?-A. That was when I declined.

Q. Was Mr. Hertz with Howe when you saw him at your office ?—A. No, sir; there was nobody with him.

Q. You only saw him then once at your office and once in the presence of Mr. Hertz, at Jones's Hotel?—A. Yes, sir.

Cross-examination by Mr. REMAK:

Q. Did you not know Hertz before Howe introduced him?-A. Yes, sir; I have spoken to him.

[338] Q. You have stated that at first you were *inclined to go into this matter. Did not you write in your paper articles in favor of

the "foreign legation?"-A. No, sir.

Q. Did not your paper contain such articles?-A. I believe not.

Q. Do you not remember that the democratic paper, at whose head you were at the time, had articles against it?-A. I believe it had articles against it.

Q. And was not you yourself in favor of this "foreign league?"—A. No, sir, I was not in favor of it.

Q. Did you not induce Hertz to put in that advertisement?—A. No, sir; he desired me. I translated it.

Q. Did you not go to Mr. Howe, in order to induce him to do something in relation to this translation?-A. Not to my recollection; nothing of the kind.

Mr. Van Dyke here showed witness an advertisement in a German paper, and asked him whether it was a translation of the original paper which was handed him ?-A. It is the translation.

Q. You put that in at whose request?-A. For a month, I think. [339] Q. Who asked you to publish it?-*A. I published it at the request of Mr. Hertz.

Q. (By Mr. CUYLER.) Where did he, Hertz, ask you to translate it? A. He asked me to translate it, and insert it in our paper.

Q. (By Mr. CUYLER.) At what place did he ask you that?—A, I remember not, but I believe it was in his office.

Mr. CUYLER. You are perfectly sure that Hertz asked you?-A. I am sure Hertz asked me to translate it, and insert it in the Free Press and Philadelphia Democrat.

Mr. CUYLER. Did Hertz personally himself ask you?-A. Yes, sir. Mr. Van Dyke here gave in evidence the German translation of the original proclamation, as published in the German papers of this city. The original can be found in Strobel's testimony, on page 326.

THOMAS L. BUCKNELL Sworn.

Examined by Mr. VAN DYKE:

Question. Will you state to the court and jury all you know of this [340] matter?-Answer. Well, on the 18th of March it was I *heard that the Hon. Joseph Howe, who was either president or director of the railroads in the province, was in New York, and I went on in the 5 o'clock train. I wished to see the procession of the 17th of March, "Saint Patrick's day," and I thought I might see both together. I saw him at half past 11 o'clock on the 16th, at Delmonico's Hotel. I spoke to him of what I had visited New York for, and he told me would see me again, and see what he could do about giving me employment as civil engineer. He said, You can be of use to me in one or two matters while in the city; he gave me some ten sovereigns, I think, to go to bank to get changed into American money, and buy some stationery. Well, I bought the stationery, and got the money changed, and went back and gave the money up, and that was the last I saw of him on that day. On the 17th, I called again, and he asked me to dine with him; I dined with him about half past 4, and showed him my testimonials from different engineers. Two or three gentlemen came in while at dinner, and the conversation stopped about what he could do for me. I do not think I saw him then until Monday, and he asked me, if in the course of my [341] walks through the city I would call for him at the Metropolitan Hotel, and see if there were any letters for him. I called there,

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