I then said, the honorable Joseph Howe directed me to leave this with you, and you will please give me a receipt for it; I then left the parcel. That was all the conversation I had with him on that occa sion; I left the office, and went with some printed or sealed documents to Washington.

Q. From him?

A. No, sir, from Howe. I did not get any answer to those. I came back again. The sealed documents were directed to Mr. Crampton. He, Mr. Crampton, asked me when I left New York. I told him about leaving this parcel at Hertz's, and he told me he would recommend me to call back that way and get it again.

Q. You are sure it was he?

A. Yes, sir, I am certain. He told me to call that way again. I called at Hertz's office on my way back, and gave him the receipt I had taken for the papers, and took away the papers I had left at his office. That was the last I saw of Hertz until I saw him at the office.

Q. What papers were they?

A. They are the printed circulars that came from Halifax; the circulars with the British coat-of-arms upon them.

Judge Kane. The witness spoke of that as an enclosed parcel. Witness. There was no cover on it; there was only a piece of twine around the parcel, and I could see what they were. I took them when I came back, and rolled them up myself, and brought them back to New York. [Circular shown witness with the British coat-of-arms upon it, a copy of which is already published. See copy on page 114.] That is the circular I saw.

Q. You went back to New York after that?

A. Yes, sir.

Q. Did you see Howe?

A. Yes, sir.

Q. Were you there when Mr. Strobel came?

A. Yes, sir; I saw Mr. Strobel.

Q. Did you give him any money?

A. No, sir, not to Mr. Strobel. At the request of Mr. Howe, I gave $100 to Mr. Hertz.

Q. To Mr. Strobel and him together?

A. Yes, sir.

Q. At the Astor House?

A. No, sir, at Delmonico's.

Q. What did Hertz do with the money?

A. I do not much mind.

Q. Did you see what he did with it?

A. I saw him get a receipt for part of it from Mr. Strobel; I be

lieve it was $80.

Q. Did you see the men that Strobel had there?

A. No, sir.

Magnus Benas affirmed. Examined by Mr. Van Dyke.

Q. Where do you live?

A. No. 218 North Fourth street. My business is pocket-book making. I know Hertz.

Q. State what you saw in reference to these enlistments?

A. I got acquainted with Hertz about eight days before he was arrested. I was down at the wharf as the steamer Sanford left, and I was in his office on the same day, and afterwards. I got in his employ about a week afterwards.

Q. You got in Hertz's office?

A. Yes, sir, in Mr. Hertz's employ.

Q. About eight days before he was arrested?

A. No, sir, after he was arrested; about the 2d of April.

Q. Still in the same office?

A. Yes, sir.

Q. Well, then, what did he engage you for?

A. Well, for transacting his business. It was a commission office. Q. Did you write that card to Halifax at his request?

A. I wrote that card on my own account. It was for an acquaintance of mine, and I wrote it on my own account.

Q. Do you know anything about the office for recruiting, and Mr. Hertz's connexion with it?

A. Well, I heard something, but I did not know anything before. Q. Did he tell you anything about the office kept by the Baron Von Schwatzenhorn? State what you know about Hertz engaging Von Schwatzenhorn?

A. There was a conversation between the Baron Von Schwatzenhorn and Hertz.

Question by Mr. Cuyler. In your presence?

A. Yes, sir; they met at 68 South Third street, and agreed that Von Schwatzenhorn should see to getting the men, and Hertz procured the vessels to bring them to Halifax; and accordingly Hertz sent me at different times to the office of the English consul to inquire about vessels loading for Halifax; merchant vessels-mostly schooners.

Q. That was, for the men whom Baron Von Schwatzenhorn was getting?

A. Yes, sir. I was about four or five times in the office, and got about five vessels; two of the vessels I recollect the names of; they were the "Gold Hunter" and "Bonita."

Q. Were men sent in these vessels?

A. Yes, sir; they were sailing-vessels, direct for Halifax.

Q. Were they English vessels?

A. Yes, sir, I guess so; I do not know sure.

Q. Did you see any of the vessels?

A. Yes, sir, I saw them all.

Q. Did you see the names of any of them?

A. Yes, sir, I told you.

Q. Where did they hail from?

A. I do not know.

Q. How many men did you ever see off in a vessel ?

A. I saw them off, once four men, and another time six, but never more than six were in one vessel.

Q. What was the character of these vessels?

A. They were schooners.

Q. Was it at the request of Hertz that you went to the British consul's to know when merchant vessels were going to sail, for the purpose of sending the men Baron Von Schwatzenhorn had engaged?

A. Yes, sir.

Q. Where did the Baron Von Schwatzenhorn keep his office?

A. He lived at the corner of Fourth and Brown.

Q. This was after the arrest of Hertz?

A. Yes, sir, it was.

Q. Do you know at whose request the Baron commenced to engage

men?

A. I do not know.

Q. (Card shown witness, a translation of which may be found on page 148, ante.) Look at the bottom of that card, and say if you have not stated at whose request you wrote it?

A. I did it of my own accord, and wrote that down to let Mr. Strobel know that I was in the employ of Hertz.

Q. Is it not written "at the request of Mr. Hertz" at the bottom? A. I wrote it so, but it was on my own account.

Q. Do you know Schuminski?

A. Yes, sir, I saw him. He was not engaged at the request of Mr. Hertz, but of the Baron Von Schwatzenhorn. He was with the Baron.

Q. They acted together?

A. Yes, sir.

Q. Do you know how many men the Baron got altogether?

A. No, sir, I do not know; I guess about twenty or twenty-six, I cannot tell for sure.

Q. Did Hertz ever tell you how many men he sent altogether?
A. No, sir.

Cross-examined by Mr. Remak.

Q. Mr. Baron Von Schwatzenhorn was not requested, then, by Mr. Hertz to send men?

A. No, sir.

Q. Do you know Winsor and other gentlemen who procured the vessels ?

A. I do not know anything about it.

Q. Was Mr. Hertz exactly in the position of Winsor and other gentlemen who had vessels at their disposal?

A. I do not know. Mr. Hertz sent me to the English consul to inquire about vessels loading for Halifax-that is all I know. I know they were for sending the men to Halifax that the Baron Von Schwatzenhorn procured.

Q. Did you not know that the Baron was indicted in this court? A. Yes, sir, I knew that.

Charles Burgthal sworn.

This witness was a German, who could not speak English, and Mr. Theodore H. Oehlschlager was sworn as

Q. What official position did you hold?

A. I was a major and lieutenant-colonel in the engineer service. Q. When did you come to this country?

A. The 28th of September, 1848.

Q. Where had you been located with your command before you came here?

A. In Hungary.

Q. At what place?

A. At Komorn.

Q. Did you at any time see Mr. Crampton in reference to recruiting for the British government?

A. Yes, sir.

Q. State when you first saw him, and how you happened to go to see him?

A. I was engaged as superintendent on the Panama railroad, but, being sick, returned to the United States and went to see Mr. Marcy and Mr. Cushing and other gentlemen, and when in Washington became acquainted with Captain Strobel. I knew Mr. Strobel previous to this, five years before. Mr. Strobel informed me that Mr. Crampton was seeking officers for this business. In the end of February I went out with Mr. Strobel to see Mr. Crampton. I went to Mr. Crampton's with Mr. Strobel; he was not at home; he was at a dinner party at Mr. Marcy's. I left my card there, and went to Baltimore to my family. Four or five days afterwards I received a telegraphic despatch from Mr. Crampton requesting me to return to Washington. The next day I did so. I went over there, and was with Mr. Crampton, and held a conversation of over an hour with him relative to this recruiting business. He made me a proposition requesting me to enter the regiment as colonel. I observed to him that I would not enter the service unless there was a perfect security as to my getting a commission, as I did not wish again to enter the service of a despotic power. Q. What do you mean by "perfect security?"

A. I mean a commission from the Queen, as no one else was able to give a commission.

Q. What else occurred?

A. Then I came to Philadelphia in the beginning of March, and saw Strobel here; I also made the acquaintance of Mr. Hertz; about the 10th or 12th of March, Mr. Howe came here and visited me. Q. Did Mr. Howe call on you of his own accord?

A. He looked for me and visited me of his own accord, having heard from Mr. Rumberg that I was here.

Q. State the conversation between Mr. Howe and you?

A. He made the same proposition. He stated that he had officers here, in Baltimore, in New York, in Chicago, and in different parts of the country. He then told me that he would obtain for me a commission; that he had authority from Mr. Crampton so to do. I refused the offer, having other employment here at the time. Afterwards Mr. Howe visited me with two or three other gentlemen, and invited me to Jones's hotel. I went to him and dined with him and these other gentlemen. I informed him at dinner of my opinion in relation to this recruiting business; that it had been forbidden in the United States. He showed me two placards, one in German and the other in English, and also a journey card and ticket, and told me that he did not think he could be laid hold of in the matter.

Mr. Remak. He said that he felt certain that nothing could be done to him?

A. That nothing could be done against him in the United States. He also requested me, if I came to New York, to visit him at Delmonico's hotel; I went there, but did not meddle any further in the matter, nor go to see him.

Q. Did you at any time see Mr. Hertz, or have any conversation with him?

A. I saw Mr. Hertz very often when I came to see Mr. Strobel. Q. Where at?

A. Mr. Hertz's office, in Third street.

Q. What was he doing?

A. I do not know; he was writing; people came there for him-they came to see him.

Q. Did Hertz have any conversation with you?

A. I said nothing to him; I simply saluted him.

Q. Had he any conversation with you in reference to recruiting men?

A. Yes, sir; I think he spoke of it.

Q. What did he say?

A. He said he sent people to Halifax, but not for military service; that he had a commission to do so.

Q. What did he send them for?

A. I had my opinions as to why they were sent there, but I did not tell him, nor did he tell me.

William Budd, sworn.

Examined by Mr. Van Dyke.

Q. Are you acquainted with Mr. Hertz?

A. Since the 13th of March.

Q. Where were you made acquainted with him?

A. I was introduced to him as the agent in this city for the recruiting for the "foreign legion."

Q. State what took place?

Judge Kane. What was the character of the introduction?

Witness. He was introduced to me as the agent by my friend, Mr. Strobel. We went down there one morning, and, after some preliminary conversation between Hertz and Strobel, he introduced me to him. Strobel remained in the outside room, and he asked me whether