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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?
The letter and envelope were 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.
"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.
"Remaining your obedient servant,
"C. H. STANLEY.”
Q. (A card here shown witness.) Do you recollect that card?
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.
Q. He came on after the company left here, then?
A. Yes, sir.
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
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 penman; if it lies in your power to obtain for him a position as clerk in your company, you will thereby greatly serve me. "M. BENAS.
"By request of H. Hertz."
Q. Do you know Turnbull?
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 Korpony.
Q. (Letter shown 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.
Q. What is your business?
A. 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?
4. 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. Mathew. Q. Will you state what took place between you and Mr. Mathew? 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. Mathew, and said to him that I could enlist from 400 to 500 men. Well, I made no arrangements in relation to the enlistment with Mr. Mathew, 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?
4. He came to my office in 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 afterwards?
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.
Q. What inducement did he hold out to you in order to get you to go into this business?
4. I did not know at that time precisely that the laws of the United States forbid the recruiting; and not believing 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 afterwards?
A. No, I did not see him after that.
Q. (The original draught of the proclamation which Mr. Strobel testified was in the handwriting of Mr. Howe, and is given above-see page 144 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.
Q. 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?
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-examined by Mr. Remak.
Q. Did you not know Hertz before Howe introduced him?
A. Yes, sir, I have spoken to him.
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 legion?"
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 were 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 not you 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 to him?
A. It is the translation.
Q. You put that in at whose request?
A. For a month, I think.
Q. Who asked you to publish it?
A. I published it at the request of Mr. Hertz.
Question by Mr. Cuyler. Where did he (Hertz) ask you to translate
A. He asked me to translate it and insert it in our paper.
Question 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 144.
Thomas L. Bucknell sworn. Examined by Mr. Van Dyke.
Q. Will you state to the court and jury all you know of this matter?
A. Well, on the 18th of March it was I heard that the honorable 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, "St. Patrick's day," and I thought I might see both together. I saw him at halfpast 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 he 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 again until Monday, and he asked me if in the course of my 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 and got two letters, and brought them to him; he had gone out for the evening, and I left them with the book-keeper; I forget now whether I sent them up to his room or left them with the book-keeper; I called next day, I think it was on Tuesday, and he asked me whether I would like to go on to Philadelphia and Washington; I said it was all the same to me where I go, for I have nothing else to do; so he gave me a parcel tied up-I don't know whether it was directed or not-to leave with a man by the name of Hertz, at No. 68 South Third street, Philadelphia; I brought the parcel on, and called next morning at No. 68 South Third street, and asked if there was a man by the name of Hertz there; there was a small-sized man in the room, and he said that Mr. Hertz was in the next room, and he would call him; he called him, and he came out and said, I am Hertz;