told the men that Hertz would be back on Tuesday, and find a vessel to bring them on to Halifax. Q. Why did you not take the names in the book during his absence? A. I guess I was directed by Hertz to take them down on the paper. Q. (Paper shown witness.) Is that in your writing? A. I could not say whose writing it is-some of it is written by me; two of the names are written by me, Robert Korn and Peter Sable; it is the list which was kept in the office; that list contained the names of those who engaged to go. Q. (Another paper shown.) Is that another list of the names kept in the office? A. Yes, sir; there is none of my writing on that. Q. (Book containing the names of those who enlisted, which has already been partly published, shown.) Look at that book and say whether you see any of Hertz's writing in it? A. The names on the first page, I think, are all written by the men; on the second page also; and on the third page some of them are written by Hertz. Q. (List of officers in the back of the book shown witness.) What is that? A. That is a list of the officers. It is in Mr. Hertz's writing. It contains the names of Strobel, Esson, Shuman, Biel, Lisepenny, Budd, Aschenfeldt, Riter, and Anglere. I know those men engaged to go as officers-some of them as non-commissioned officers, and some of them as commissioned officers. Q. Do you know what pay Mr. Hertz got for this? A. No, sir. Q. (Tickets shown.) Did you see many of this kind of tickets about the office? A. Yes, sir, there were a great many of those tickets. Q. Did the men who went in Strobel's company get any tickets? A. I guess so; I am not certain. Q. (Another book shown.) Do you know that book? A. I saw that book once there. Q. Whose writing is that in it? A. I guess it is the writing of a man in the employ of Mr. Hertz, Mr. Holm. I do not know exactly, but I think so. Book read in evidence, from which it appeared that Hertz was debited with $750, and credited by cash with $300, and then charged with 758 tickets. Q. Do you know who he got that cash from? A. No, sir. Q. (Some handbills were shown witness, same as on page 114, ante.) How many of those handbills did you see about there? A. I could not tell how many. I saw a package of them; Mr. Bucknell brought them. Q. Were any of them posted about? A. Yes, sir. Q. By whom? A. I cannot tell. Q. Who directed it to be done? A. Mr. Hertz. Q. Do you know who paid the German Democrat for the advertisement of this call? A. Mr. Hertz did. Q. Where did he pay? A. In his office. Q. Who called for it? A. The clerk of the Democrat, Mr. Morris. Q. Did you see him pay? A. I saw him pay. Q. You were arrested at the office? A. Yes, sir. Q. With Mr. Hertz, on the morning that the steamer started? 2. Was it before or after the men were arrested? A. On the very same day. Q. It might have been earlier in the day or later in the day? A. It was after the men had started. Mr. Budd was put in command of them. Q. Do you recollect the list of the names of those who went with Mr. Budd? A. I think that is the last list shown me, but I am not sure of it. Q. Do you know whether all those who went with Budd were engaged by Hertz to go with him? A. They were engaged by Hertz to go to Halifax. The witness was here questioned by Judge Kane as to the larger book which he had identified as containing a list of the names of persons enlisted. Q. Was anything written in this book on the page preceding that containing the name? A. No, sir; it is a list of officers, with their rank. Q. It has been cut out? A. Yes, sir, the list of officers is cut out. Q. It was the list of officers, with their rank? A. Yes, sir, they put their names down, and the rank they were to hold there was put down by Hertz. I mean military rank. Q. That was all on the page cut out? A. Yes, sir; there are two leaves cut out; one was for the commissioned officers, and one for the non-commissioned officers; I recollect there is a list of officers written in the back of the book after they were cut out, and that was just a memorandum. Dr. Peter Joseph Reuss, sworn. Examined by Mr. Van Dyke. Q. You are a physician? A. Yes, sir. Q. What country do you belong to? A. Hesse; I have been in this country this 26th of September is four years. Q. Will you state whether you came to Philadelphia in March or April last, and for what purpose? A. I came to Philadelphia for the purpose of going to Halifax; I was to go to New York, and thence to Montreal; I came here induced by a proclamation in the Philadelphia German Democrat; I went through here to New York, and from New York to Halifax. Q. Did you stop at Hertz's here? A. No, sir. Q. Why not? A. Mr. Remak objected. Q. Had Hertz been arrested at the time you arrived here? A. I do not know that, because I did not stop in Philadelphia; I went to New York and Montreal, and then to Boston, and from Boston to Halifax in the Africa. Q. Is that the steamer? A. No, sir, the barque Africa. Q. When you got to Halifax, where did you go, and who did you see? A. I went to the Provincial Building, and spoke with Mr. Wilkins and Mr. Bruce McDonald. Mr. Remak. Be good enough to bring this home to Hertz, Q. By Mr. Van Dyke. Have you at any time had any conversation with Hertz, before or after that? A. No, sir. Q. When you arrived in Halifax, state what you did? A. I went to the Provincial Building and met Wilkins, the first secretary of Nova Scotia, and the same day afterward I spoke with Sir Gaspard le Marchant, the governor of Nova Scotia. I sent some days before a letter in the French language to Sir Gaspard le Marchant, and told him what I came to Halifax for-that I was induced by his proclamation. I had sent a man before to No. 68, South Third street, Philadelphia, to see what the business was, because it was in the proclamation that physicians and surgeons would be engaged with good pay, and this man came back and told me that the whole business had been stopped by the United States attorney, and that he had spoken with one man on the subject, but he did not tell me his name, and he told him that the business was all right, to go to Halifax, and I would be engaged as physician for the regiment. I wrote the letter, but did not receive any answer, because the business was stopped. In Halifax, the governor told me that I could not be engaged unless I raised men. I refused that, because I told him I did not come for that business; I came to be engaged as doctor, and not as recruiting officer. Mr. Wilkins called on me some time afterwards, and told me that if I raised men in the United States, I should be engaged, butnot if I refused; and then I was obliged to go, because the governor told me I could not be engaged without this; then I was employed as officer of recruiting, and went with Captain Strobel to the States, and was sent by him to Detroit, in Michigan. Q. Did you hear any conversation at any time between certain gentlemen when Mr. Crampton was present? A. Yes, sir, in Halifax, on the 15th of May, we met Mr. Cramp ton. Q. Who told you to meet him? A. Strobel called on me on the 14th of May, and told me to come to the Provincial Building, Halifax, and meet Mr. Crampton and Sir Gaspard le Marchant; and I went, and found there Lieutenant Preston and Strobel, and some other officers. Q. What took place in that conversation? A. That conversation was, that we should go to the United States and raise troops. Q. Who told you to do that? A. Mr. Crampton and Sir Gaspard le Marchant, with Mr. Strobel. Q. They said that to Strobel? A. Yes, sir, and that he would go to Canada and the States and arrange this, so that we could raise troops without danger. Q. What plan did they give you to raise these troops without danger? A. That is what they spoke to Captain Strobel. I did not hear every word, but heard them tell him that we should go to the States and arrange the business, so that we could not be caught by the United States officers. Q. They told Captain Strobel that he should go to the States and arrange business so as not to be caught by the United States officers? A. Yes, sir. Q. Who told Strobel that? A. Mr. Crampton; he made the arrangements with Strobel, and spoke that to Sir Gaspard le Marchant. Q. What plan did Mr. Crampton say you were to adopt in the States to prevent being caught by the officers? A. That we should do it very still; not to work too openly; and that we should engage runners and any other men who would bring men to the depots, and from these depots we were to send them to Canada West to the barracks. Q. What kind of runners did he speak of your engaging? A. Boarding-house runners, emigration runners, commission-house runners, and every kind of runners, I believe. Q. Did he say anything in reference to what you were to say to these men? A. That every man was to receive $30, and $5 was to be taken for payment of expenses; that is what I learned from Strobel afterwardsthat is, what was promised the men. Q. Was anything said about that in conversation with Mr. Crampton? A. No, sir, not to me-it was spoken to Mr. Strobel. Q. He told Strobel they were to have $30? A. Yes, sir, and $8 a month pay-cash. The bounty was given for enlisting. Each runner should receive $5 a head for enlistments. Q. That was the pay of the runner? A. Yes, sir, if the man was capable of being enlisted-not if the man was refused. Q. Were they to get any pay for men refused? A. No, sir. Q. Then it was only for the men who arrived at the barracks and got enlisted that they were paid $4 a head? A. Yes, sir. Q. Did you receive any money at that time for this purpose? A. Out of the Provincial Building. Mr. Bruce McDonald gave him the money in my presence. He is the clerk of Mr. Wilkins, or second secretary, I do not know which it is. Q. What were you to do with that $220 ? A. To run to the United States for these men; that was the pay for half a month for myself and one sergeant. Q. Did you see Mr. Crampton after that? A. We left the next day, the 19th of May, and we came to Windsor, in Nova Scotia, and when we got there we took the steamer to St. John's. Q. Where did you next meet Mr. Crampton? A. I saw him in Windsor, and saw him on the ship to St. John's, and next day at Portland. At Windsor we took the Creole for St. John's, and I saw Mr. Crampton in the presence of Lieutenant Preston and another English officer-I do not know his name. He came on board to us there at St. John's. He talked very often to Captain Strobel, and I went in the same ship with him to Portland. Q. Did you see him afterwards in Portland? A. No, sir; I know he left the steamer at Portland. Q. Where for? A. To go to Montreal. Q. Who went with him? 4. I believe Captain Strobel; I took the cars for Boston, and from Boston to Niagara Falls. Q. For this purpose? A. Yes, sir, at Niagara Falls I expected Strobel with orders how we should go on. Q. You did not see Crampton afterwards? A. No, sir. Q. Did you see any written instructions at Halifax? A. I saw the proclamation. Mr. Wilkins showed me the proclamation for enlisting. Q. (Proclamation with British arms on it shown the witness, same as on page 114, ante.) Is that the one? A. Yes, sir, I saw that; Mr. Wilkins gave me one of them; he gave it to me in the Provincial Building to read it; he was secretary of Nova Scotia. Q. What did he say it was for? A. It was for the foreign legion. Q. Did he say that this was the placard under which they were acting? 4. He told me if I should be engaged I should go on to the States and raise troops, but that without this I could not be engagedsaying what Sir Gaspard said to me. I did not see Mr. Howe; he was not in Halifax at that time; I heard very often from him. Q. Have you at any time seen Mr. Hertz? A. Not in this business. Q. Did he ever say anything to you about this business? |