ple here. They say the tickets had better be paid for at Windsor ; which I think is best also, for then the men will come to me clear of expense, which is the intention. Tell Schumann and Dr. Aschenfeldt to telegraph me how they are getting on at once, and how many, or if they have got any men. Let me hear also from you.

"Yours, truly,

"J. W. PRESTON, 79th Regiment.

"NIAGARA, 4th June, 1855."

Witness. This Mr. Preston afterwards took command of the depot that was established in Niagara town.

Q. This letter says "Dear Smith:" what was the meaning of that? A. I was obliged to take that name, because I was known as being previously connected with enlisting in the States.

Q. (Paper shown witness.) What is this?
A. That is a telegraph I received from Preston.
The paper was read in evidence, as follows:

"WINDSOR, June 4, 1855.

[By Telegraph from Niagara.]

"How many men have you got? Money leaves here to-morrow morning by mail, on U. C. Bank-answer immediately.

"To Mr. SMITH."

"J. W. PRESTON.

Witness. Mr. Preston was the medium between myself and le Marchant. At Halifax, Preston received the orders from le Marchant and telegraphed them to me.

Q. (Paper shown witness.) This is another telegraph from Preston, is it not?

A. Yes, sir.

The telegraphic despatch was read in evidence, as follows:

[By Telegraph from Niagara.]

"WINDSOR CASTLE, 7th June, 1855.

"To Mr. SMITH: Send in statement of money issued and how applied. Tell all the others to send me similar statements; until such arrive I cannot issue for next month.

(Paid.")

"J. W. PRESTON.

Q. Go on and state what occurred after you left Quebec?

A. I left Crampton in Quebec, and travelled with Preston and another English gentleman, Captain Bowls, to Montreal; I there received orders for another English officer in Toronto, to give over to us the barracks in Niagara town; Preston took charge of the barracks; I met my officers whom I had sent from Portland to Niagara; they were sent from Portland to Niagara Falls; I met them at Niagara Falls, and directed them to go to different places-to Cleveland, Detroit, and Buffalo; and afterwards I sent one non-commissioned officer to Chicago; I was called back; I commenced it about the 4th of June, and I was recalled on the 13th, and arrived back in Halifax; I was recalled by

the officers, because during this time I was only able to enlist sixty or seventy men, and Sir Gaspard expected a great many more; and through this, on account of the intrigues of Mr. Preston, and some other officers who were anxious to receive commands in this foreign legion, I was recalled to Halifax; I was charged with having kept two officers on the Canada shore instead of sending them all into the States; and I myself, instead of travelling and going to Chicago, Cleveland, and all around all the time to every place, was charged with stopping too long in one place-in Windsor.

Q. Who made these charges?

A. They were made by Mr. Preston, and sent to Halifax.
Q. Who sent to you and told you of them?

A. Sir Gaspard le Marchant. He said that these charges had been made, and that was the reason I was sent for to Halifax. I requested a court-martial, and wrote a long account to le Marchant. I also sent it to Crampton, by a friend of mine, Mr. Ochlschlager; my company was still at Melville island, under the command of one of the officers I left there.

Q. You saw them there at that time?

A. I was forbidden to see the men, and the men had strict notice not to converse with me-at least the men received such notice the second day I was there. I told the governor-general, that under such circumstances I would leave, and the sergeant was put in irons, and fifty men of my company sent to prison, for conferring with me by sending to me their non-commissioned officer. I left Halifax with the America, and came back to the States, and since that time I have had nothing to do with this concern. I saw Hertz here afterwards. Mr. Crampton took the address of every one of the agents who had been engaged in recruiting at that time in Boston, New York, Philadelphia, and Baltimore, and told me that he was going to see them. Q. Who did he take as the name of the person in Philadelphia? A. Mr. Hertz was the man recruiting in Philadelphia. Question by Mr. Remak. Who said so?

A. Mr. Crampton took the names of different persons recruiting in different cities.

Q. Whose name did he take as the person in Philadelphia?

A. He knew the names already, but took the address of every one of those gentlemen.

Q. From you?

A. From me, those I had in my possession-the address of Captain Carstenson, of Boston, and other parties in New York; of Smolenski, and the address of a friend of mine in Baltimore.

Q. Did Crampton take the address of Hertz from you?

A. He said he knew all about the proceedings against Hertz, and when he came to Philadelphia he would settle with every one of those gentlemen, and arrange matters in a different way, because he thought proper not to send men by the vessels any more, but by railroad into Canada.

Q. Do you know about his giving any order about engaging emigrant runners?

A. Yes, sir; he allowed me to pay every runner $4 for a man.

Q. Do you know what Hertz was to get for every man he sent?

A. I do not know exactly the amount Mr. Hertz received; I know he received money, and I know that they said in Halifax that Mr. Hertz

Mr. Remak. I object to that.

Question by Mr. Van Dyke. Did you ever hear Hertz, or any other person or persons in his presence, say that he received any money, and how much?

A. Yes, sir, I heard Mr. Hertz say he had received money, but never enough to cover his own expenses.

Q. Did he tell you from whom he received it?

A. He told me he would receive money from Mr. Howe.

Q. What else did he say to you in reference to this matter?

A. Mr. Hertz told me he had connexion with the English government, and that Mr. Crampton and Mr. Howe were the proper agents for paying out the money, and giving tickets and giving recommendations for officers to get commissions. Mr. Hertz said so, and said he had instructions from the British government to that effect, and that he would receive head-money for the men. He mentioned Howe and

Crampton as persons from whom he received it.

Q. Did he mention any other?

A. Not that I know of.

Q. Was Mr. Bucknell known to Mr. Hertz?

A. He did not mention him as a person engaged in it, or who had engaged him in it.

Q. Did he mention any other besides Mr. Crampton and Mr. Howe? A. Not that I know of.

Q. Not that you recollect?

A. I do not recollect any other person.

Q. (Paper shown.) Is that the report you made to Mr. Crampton of the transaction?

A. That is the report I made to Mr. Crampton.

Q. Was it delivered to him?

A. I sent it to Washington, but the bearer did not find Mr. Crampton there; he had at that time gone up to Niagara. I sent a friend to Washington with this report to Mr. Crampton, to let him know everything that had occurred."

Q. When he did not find Mr. Crampton in Washington, where did he take it to?

A. He took it to New York, and left it with Mr. Stanley, the vice consul there.

[The report was here given in evidence. It contains a full history of the transaction, from the time the witness (Strobel) left Halifax until his return.]

It is as follows:

WINDSOR, C. W., June 18, 1855.

SIR After having laid before you my plan for raising troops for the British army in the United States and on the Canada frontier, I received from you, at the provincial building, Halifax, Nova Scotia, in the presence of his excellency Mr. Crampton, minister from Great Ex. Doc. 35-9

Britain to the United States, Mr. Preston, lieutenant 76th regiment, and officers of the foreign legion, the following instructions:

"You will repair immediately to the United States, accompanied and assisted by Drs. Aschenfeldt and Reuss, Lieut. Shuman, Mr. Mirback and four non-commissioned officers, to raise men for the British army within the jurisdiction of that government. You will, in accordance with your plan submitted to me, station said officers and noncommissioned officers at the posts agreed upon, unless it may in your judgment appear expedient to alter the details of said plan. You are also authorized to order back to Halifax any of your assistants who may, in your opinion, be incompetent for the service, or who may neglect the duty assigned to them. You will receive travelling expenses for yourself, officers, and non-commissioned officers, also, before leaving Halifax, the half-monthly pay as per estimates, in advance, for officers and men. At the expiration of the half month, you are authorized to draw from Mr. Preston the half-monthly pay again in advance, and so on. You are further authorized to draw on Mr. Preston for such sums as you may require for the transportation of men, head-money, &c. You will receive all orders from me through Mr. Preston, whom you will consider as my acting aide-de-camp in this matter, and you will be the medium to transmit those orders to your officers, so that there can be neither interference with, nor interruption of, the plars laid down by you. Mr. Preston will be commanding officer of the recruiting depot at Niagara town. You will exercise no interference with the transmission of men from Niagara to Halifax, but will confine yourself strictly to the duty of obtaining men in the United States, and of forwarding the same to Mr. Preston at Niagara. You are authorized to employ such assistants as you in your judgment may deem necessary, and are further empowered to state in my name, to any gentlemen bringing a certain number of men, (say 120,) that they will receive from the British government commissions as captains in the foreign legion, and others different commissions, in proportion to the number of men they may bring."

In accordance with the above instructions, I started from Halifax on the 15th of May, accompanied by my officers, as above mentioned. At Windsor, N. S., I fell in with his excellency Mr. Crampton, Lieut. Preston, and Capt. Bowls, who had left Halifax the same day. We travelled together to Portland, Me., where we arrived on the 18th ult. Mr. Crampton requested me to go with him to Quebec, L. C., as he was desirous that we should have a perfect understanding with, and the full co-operation of, his excellency Sir Edmund Head, governor of Canada. In compliance with this request, I ordered my of ficers and non-commissioned officers to repair to Niagara Falls, there to await my arrival. We arrived at Quebec on the 20th ult., and on the following day were received by his excellency Sir Edmund Head, and held a conference with him, in which he offered his best assistance in forwarding our object, and at once gave up the barracks at Niagara town as a recruiting depot, and accordingly sent for Major Elliot; which proceedings detained us until the 23d ult. On the evening of that day, Lieut. Preston, Capt. Bowls, and myself started in company with Major Elliot for Montreal, where we arrived on the morning of

the 24th of May. Arrangements were then entered into with Col. Bell, in regard to the barracks at Niagara and La Prairie. On the following day I started alone for Niagara Falls, C. W., where I arrived on the morning of the 27th. Lieut. Preston and Capt. Bowls started for Toronto on the 25th, and hence did not arrive at Niagara Falls till the 28th. These gentlemen remained at Niagara Falls till the 30th, when they took possession of Butler barracks, and the first arrangements were made for forwarding recruits to that station. As your excellency will here observe, I was up to this moment, viz: the 30th or 31st of May, unable to move one step in the object of our expedition, it having required all the time to arrange the preliminaries. On the same day that Mr. Preston left Niagara town, I learned from Dr. Aschenfeldt and Mr. Shuman that the conduct of two of my noncommissioned officers, Sergeants Roth and Krieger, had been unworthy of the confidence reposed in them, and I therefore deemed it advisable to send the said men to Lieutenant Preston at Niagara town. I also thought it necessary to send to Niagara one of my officers, for a double purpose-1st. To act for Mr. Preston as interpreter on the arrival of recruits; and 2d, as we were unable actually to enlist the men in Canada, I deemed it well that some German of experience and age should be with the recruits sent on, to keep them in proper spirits, and to prevent any loss by desertion from the barracks or in transitu to Halifax. I accordingly deputed Mr. Mirback for this service, and, with the license permitted me in your instructions of the 14th of May, was therefore obliged to modify my plan to suit this emergency. On the 30th instant, I went with Lieutenant Shuman to Buffalo. Having visited some of the localities in that place and Fort Erie, on the opposite shore of the Niagara river, I gave Lieutenant Shuman the following orders, in accordance with the instructions I had received from Mr. Crampton, and which I respectfully beg leave to subjoin. 1st. I ordered Mr. Shuman to take up his quarters on the Canada shore at the village of Fort Erie. 2d. To have his non-commissioned officer, Corporal Kamper, stationed in Buffalo. 3d. To go daily to Buffalo, and, in connexion with Corporal Kamper, there to make such inquiries as might lead to the obtaining of men. 4th. To send the men as quickly as he should obtain them to Lieutenant Preston, at Niagara, and at the same time to report to me regularly the number of men obtained, and all circumstances relating to them. 5th. To take particular pains to lay out no moneys on the American side, but whatever related to the expenditures to induce runners to bring men to him should be positively and rigidly transacted on the Canada shore; and further, if it were necessary to keep men together for a longer term than one day, to be careful to do so without the precincts of the United States. This latter order is strictly in accordance with articles 2d and 4th of Mr. Crampton's instructions. On the same evening, May 30th, I ordered Dr. Reuss to leave for Detroit, and informed him that he would co-operate with Dr. Aschenfeldt, who would be stationed at Windsor, on the Canada shore of the Detroit river. I also communicated to him, in effect, the same orders I had already given to Mr. Shuman. I went to Niagara town to draw the halfmonthly advance pay for officers on the 31st of May. As Mr. Pres