ing or desirous of leaving the United States to enlist in the British service. My intention in giving to each commissioned officer a noncommissioned officer as assistant, is to enable those gentlemen to find out said individuals, and to avoid the necessity of employing, for this purpose, strangers, who might easily deceive them. "My opinion is, that every officer, with the assistance of his noncommissioned officer, will be able to transact all the business without being compelled to hire regular agents or runners-that is, if the gentlemen know the proper way of managing. "I will myself visit each of the places mentioned, and will particularly confine myself to where my presence will be most required." I shall also probably visit Chicago, where, doubtless, a great number of men may be got. We can then agree on reasonable terms for having them conveyed by railroad to Detroit, which expense, in my opinion, would not exceed $2 50 per head. "I saw all the officers and non-commissioned officers yesterday evening, and held a long conversation with them; the result of which is, that we all perfectly understand each other, that they are all entirely satisfied, and that every one is willing to do his very best in regard to this matter. "I have also made estimates of all the expenses of the officers connected with this matter for the period of one month at their different points of destination, including their travelling expenses, which I take the liberty of laying before your excellencies. "Say the travelling expenses of the officers from this place "[From this money each has to pay his non-commissioned officer, and to meet all other expenses that may be necessary in sending the men over on the Canadian side; pay of temporary agents, runners, and tavern-keepers, included.] Pay for Weiss, Barchet, and other non-commissioned officers, $100 each... 66 My travelling expenses from town to town, hotel expenses, pay of my non-commissioned officer, and his travelling expenses... $400 00 720 00 300 00 300 00 1,720 00 "Thus making a total amount of $1,720, equal to £341 sterling. "This, or at most £360, would, in my opinion, be the amount requisite to enable ten officers to carry on operations for one month, and, with reasonable good fortune, to deliver on the Canadian shore a large number of serviceable able-bodied men. "I have the honor to remain, your excellencies' most obedient, humble servant." Q. Was that plan adopted? A. That is the plan which was approved and adopted by Mr. Crampton and Sir Gaspard le Marchant, and I received orders to bring next morning, at 11 o'clock, the officers mentioned there, four non-commissioned officers of my company, all attested men, and the soldiers to the provincial building, and meet there Sir Gaspard le Marchant and Mr. Crampton. I went there with those men; I met there Mr. Crampton, Sir Gaspard le Marchant and Lieutenant Preston; I was ordered to leave Halifax immediately and repair to the States, and I left Halifax in company with Mr. Crampton and Preston of the 76th, with officers and non-commissioned officers; when I saw Mr. Crampton there I was in uniform, and my non-commissioned officers were in uniform; when we left they received civil clothes from the government there for this purpose, and went on with me; when we came to Portland, Mr. Crampton gave me orders to go with him to Quebec to see Mr. Head, the governor-general of Canada, to have a perfect understanding about the depot and the means of sending men through Canada to Nova Scotia; I went with him; I saw Sir Edmund Head in the presence of Mr. Crampton; I received letters from Sir Edmund Head to get barracks at Niagara; these barracks were to receive the men who were sent out of the States to enlist in the foreign legion; I received also at Sir Edmund's house Judge Kane. I am anxious not to go beyond the limit of courtesy to a foreign government. I do not wish to penetrate what was done there, unless it appears connected with the persons now on trial. The district attorney must guide the witness after this suggestion, so as to avoid the appearance of too close an inquiry into matters not clearly before this court as matters of judicial investigation. Mr. Van Dyke. I understand the suggestion of the court, and will try to keep the witness within the proper bounds. My whole object is to get the general plan of operations, and then to show that the object of the general plan was to procure men from the States to join this foreign legion, and that the defendant co-operated in that general plan. Q. (Paper shown.) Will you look at that paper, and state what it is? A. It is the instructions I received at Quebec, in Sir Edmund Head's house, out of Mr. Crampton's own hands. The original was written in Mr. Crampton's own handwriting, and was written, at least part of it, in my presence in his room. This is a copy made from the original; I made it for the purpose of preserving a copy. The original I gave back, in a report I made to Sir Gaspard le Marchant, in Halifax. That report stated what I had done to clear me of two charges made against me up there. Q. That, then, is a copy made from the original instructions of Crampton, as to your duty in the United States? A. That is a copy of the original instructions I received at this time from Mr. Crampton. The paper was being read as part of the evidence, when, on motion, a recess was taken for ten minutes. On the court re-assembling, the reading of the paper was concluded. It is as follows: "Memoranda for the guidance of those who are to make known to persons in the United States the terms and conditions upon which recruits will be received into the British army: "1. The parties who may go to Buffalo, Detroit, or Cleveland, for this purpose, must clearly understand that they must carefully refrain from anything which would constitute a violation of the law of the United States. "2. They must, therefore, avoid any act which might bear the appearance of recruiting within the jurisdiction of the United States for a foreign service, or of hiring or retaining anybody to leave that jurisdiction with the intent to enlist in the service of a foreign power. [Both these acts are illegal by the act of Congress of 1818, sec. 2.] "4. There must be no collection, embodiment of men, or organization whatever, attempted within that jurisdiction. "5. No promises or contracts, written or verbal, on the subject of enlistment, must be entered into with any person within that jurisdiction. "6. The information to be given will be, simply, that to those desiring to enlist in the British army, facilities will be afforded for so doing, on their crossing the line into British territory; and the terms offered by the British government may be stated as a matter of information only, and not as implying any promise or engagement on the part of those supplying such information, so long at least as they remain within American jurisdiction. 7. It is essential to success, that no assemblages of persons should take place at beer-houses, or other similar places of entertainment, for the purpose of devising measures for enlisting; and the parties should scrupulously avoid resorting to this or similar means of disseminating the desired information, inasmuch as the attention of the American authorities would not fail to be called to such proceedings, which would, undoubtedly, be regarded by them as an attempt to carry on recruiting for a foreign power within the limits of the United States; and it certainly must be borne in mind that the institution of legal proceedings against any of the parties in question, even if they were to elude the penalty, would be fatal to the success of the enlistment itself. "8. Should the strict observance of these points be neglected, and the parties thereby involve themselves in difficulty, they are hereby distinctly apprized that they must expect no sort of aid or assistance from the British government; this government would be compelled, by the clearest dictates of international duty, to disavow their proceedings, and would, moreover, be absolved from all engagements contingent upon the success of the parties in obtaining, by legal means, soldiers for her Britannic Majesty's army." Examination continued by Mr. Van Dyke. Q. The paper just read you copied from the original one in the handwriting of Mr. Crampton? 4. Yes, sir. Q. (Another paper shown witness.) In whose handwriting is this paper? A. At that very time I also received this cipher to telegraph with to Mr. Crampton, and to Halifax, about this recruiting business; I can not swear as to whose handwriting it is in, but I believe it is Mr. Crampton's; I did not see him write it, but he handed it to me. The paper was here given in evidence. The following is a copy: Q. You were to telegraph him by this cipher, instead of the usual way? A. Yes, sir. Q. What was the object in giving you this cipher? A. Such ciphers were given to several officers-Mr. Smolenski, Mr. Cartensen, and men actually engaged in the recruiting business, received those ciphers. Q. Was it for the purpose of avoiding detection? A. It was for the purpose of avoiding detection, and avoiding any difficulties with the authorities here. It was to enable me to telegraph to Mr. Crampton, from every place I might visit, without the people in the telegraph offices understanding it. Q. Were all the officers sent on this recruiting to telegraph to Mr. Crampton as to their proceedings, and was that cipher to be used? A. Yes, sir. Q. (Card shown witness.) What is that? A. That is a card of invitation to Sir Gaspard's table, in Halifax, received on the 8th of April. The card was read as follows: "His excellency, Sir Gaspard, and Lady le Marchant, request the honor of Captain M. F. O. Von Strobel's company at dinner, on Sunday, 8th April, at to 7 o'clock. "BELVIDERE. An answer is requested." Q. Are these also cards of invitation to you? A. Yes, sir. The cards are here read as follows: "COLONEL CLARKE, And the officers of the seventy-sixth regiment, Request the honor of CAPT. STROBEL AND THE OFFICERS OF THE FOREIGN LEGION, Company at dinner, On Wednesday, 18th April. An answer will oblige." "COLONEL FRASER, COLONEL STROTHERD, And the officers of the royal artillery and royal engineers, Request the honor of CAPTAIN MAX F. O. STROBEL'S Company at dinner, On Tuesday, the 3d April, at seven o'clock. Artillery park. An answer is requested." Judge Kane. What are these papers for? Mr. Van Dyke. To corroborate what the witness says. Judge Kane. When the witness is impeached, it will be time enough to corroborate what he says. Mr. Van Dyke. I withdraw this paper. Q. (Letter shown witness.) Did you receive that letter from Mr. McDonald? A. Yes, sir. He is an officer in the provincial secretary's office. The letter was here read in evidence as follows: "PROVINCIAL SECRETARY'S OFFICE, "May 3, 1855. "DEAR SIR: I am directed by his excellency the lieutenant-governor to introduce to you the bearer, Lieutenant Kuentzel. He comes with letters to Sir Gaspard from Mr. Crampton. You will please explain to him the steps necessary for him to secure his commission. "Your obedient servant, "BRUCE McDONALD. Capt. STROBEL, 1st Company Foreign Legion." Q. (Letter shown witness.) Do you recollect this letter? A. This is a letter written by Preston to me, while I was actively engaged in recruiting men in Buffalo, Cleveland, Detroit, and other places. Mr. Preston had, at that time, charge of the barracks in Niagara. The letter was read in evidence. It is as follows: "DEAR SMITH: I send you the accompanying order, in currency, equal to £80 sterling, which please send me a receipt for by return of post. I find I cannot make any arrangement with the railroad peo |