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Q. Did you know how long she had been lying there, previous to the time you attached her ? A. No, sir.
Q. Had you any process ? A. I had a process.
Q. Is that the process you had ? (showing process to witness). A. I think that is not the one; it was one that had been amended,
one something similar to this; I don't think this is the one. Q. Any of your writing there ? A. None of mine.
Q. Any memorandum of your receiving it? A. My name, as deputy, is there; I believe I was the only one deputized when the first libel went out.
Q. This professes to be issued on the 23d of January; you had a process with you ? A. Yes, sir.
Q. Did you ever make any other arrest of the vessel than that which you have testified to ?
have testified to ? A. I was there daily taking charge of her.
Q. You never have made any other arrest of the vessel ? A. No, sir.
Q. What did you do when you went on board ? A. I served a notice on the mate.
Q. What do you mean, — did you give him a copy ? A. I gave him a notice; we generally take a notice with the process, that we have attached the vessel.
Q. Did you put any mark on the ship? A. No; I staid there until I was relieved.
Q. Did any one go with you to show you the ship? A. No, sir. Q. How did you learn where she was?
learn where she was ? A. I believe Mr. Craig was the one that told me where she laid.
Q. Where did he tell you that? A. He told me in the office here, when he sent me over to attach her.
Q. Who sent you over? A. The Marshal sent me over.
Q. Did he bring the process in there ? A. I don't know; I believe he did, and I was sent there to serve it.
Q. He told you where to find her ? A. Yes, sir.
Q. Had the ship cleared from the Custom House when you went on board ? A. I cannot say; the captain was not on board when I went there; they said he was at the Custom House.
Q. Was it stated by Mr. Forbes that the ship had been cleared ?
A. No; Mr. Forbes never said anything about the ship being cleared.
Q. At what time on that day did you go on board ? A. I think about half-past twelve or a quarter to one when I got there, as near as I can tell.
Q. Was steam up ? A. Yes, sir.
Q. And the crew on board ? A. The crew were on board, and the shipping master was there with the paper to get their names signed, or had their names signed, I don't know which.
TESTIMONY OF THOMAS H. SEASE.
Thomas H. Sease sworn. Examined by Mr. Webster. Q. Are you employed in the office of the Marshal in this district ? A. I am, sir. Q. You are an assistant Deputy Marshal ? A. Yes, sir.
Q. Have you been on board the Meteor during her detention ? A. I have, sir.
Q. In what capacity ? A. As ship-keeper.
Q. Do you know the captain and mate of the Meteor ? A. I do, sir.
Q. Did either of them make an application to you to take arms or ammunition off the steamer, after her seizure ?
Q. Did you see any arms or ammunition on board ? A. I saw five boxes of ammunition on board.
Q. At this time did they say anything to you in respect to the guns on board the ship?
Q. Did you know there were any arms on board ? A. I did not know.
Q. Did the captain or mate make application to you, or say any thing to you, in respect to removing that ammunition from the ship?
Mr. Evarts objects to evidence of the statements of the captain and mate, now offered by the government, as not affecting the owners of the ship.
The Court admits the evidence. Claimants except.
A. The second mate came and called me, and told me the captain wanted to see me in the state-room.
Q. What declaration did the captain make to you, if
any ? A. The captain said the second mate came and informed him that, in overhauling her, he found five and one-half boxes of shot, and he asked the privilege of taking it on shore. I said he could not take it on shore without he got an order from the Marshal.
Q. Did he say what kind of shot? A. Shot for Parrott guns, I understood him.
Q. Did the captain make any declaration to you in respect to the guns belonging to the ship? A. He told me the guns had been stored in the Pierrepont stores.
Q. How many did he say? A. He did not say how many.
Q. How far were the Pierrepont stores from the ship? A. About two blocks, or a block and a half, on the north side of Wall street.
Q. Do you know where the five and one-half boxes of shot were, – in what part of the ship? A. On the gun deck, — what they call the gun deck; in the fore part of the ship, forward of her engines.
Q. Were there any marks on the boxes indicating what they were ? A. I did not examine them close enough to know that ; there was one box opened; I could see it had shot in it.
Q. You saw the shot in one box? A. Yes, sir.
Q. When did you first go on board this ship? A. The 230 day of January
Q. With Mr. Jarvis ? A. No, sir.
Q. Have you been ship-keeper ever since ? A. I have, one of them.
Q. And have lived on board there ? A. Yes, sir.
Q. And by this time have got well acquainted with the captain and mate ? A. I have seen them every day, I believe.
Q. You had never seen either of them before ? A. No, sir.
Q. What was the name of the mate that first spoke to you and told
you the captain wanted to see you ? A. Mr. Bullem. Q. How soon was this after you got on board ? A. The 2d of February, I believe.
Q. This conversation was then ? A. Yes, sir, I think on the second day.
Q. Did you understand they had just come across the boxes ? A. I did.
Q. That was your notion ? A. Yes, sir. They did not say so. Q. But that was your idea ? A. Yes, sir.
Q. Do you remember what the captain said to you about these boxes of ammunition, and how they happened to be there ? A. I think I do.
Q. State it.. A. He said he had ordered all the things to be taken on shore, and they had overlooked it some way, not seeing it.
Q. And it had been left on board ? A. Yes, sir.
Q. You understood they were there without his knowing it, and by mistake? A. I did not understand it that way.
Q. That they had been left over without their knowing it? A. · I do not know that it was without their knowing it; that is what the captain said.
Q. You understood from him they had been overlooked, and that is the reason they happened to be there ? A. Yes, sir.
Q. Did he tell you that they had been ordered on shore by the owners, and were there contrary to their orders ? A. I don't recollect he told me that. He said they had been ordered on shore; he had ordered them to be taken on shore.
Q. You understood he meant by that before the ship was seized ? A. I supposed so.
Q. And before she was to go to sea, — did you not? A. I understood it so.
Q. What did he say when he asked your permission to put the boxes on shore ? A. He asked me the privilege to put them on shore.
Q. For the reason they were there by mistake ? A. He did not say that reason.
Q. But after he told you they had been overlooked? Yes, that he told me first.
Q. And you told him he could not do so without the Marshal's permission ? Yes, sir.
Q. Do you remember his then asking you, if you would not allow him to put them on shore, whether you would not make a memorandum in your book that he had asked you to put them on shore ? A. He told me to do that.
Q. Did you do it? A. I did.
Q. I suppose what the captain said ends here with the words “ blamed for it.” Is that so? The rest is a memorandum that you made of some fact or some item ?
MR. WEBSTER. Q. When did you make this memorandum ? A. On the 2d,- the same day that he told me about it.
Q. Is that a memorandum of all that occurred ? A. No, sir, only part; it was only to keep me in mind of it.
Mr. Webster objects to the memorandum.
Mr. Evarts. Q. (Reading the memorandum to the witness.) Are the words “ blamed for it” the end of what the captain said to you ? A. Yes, sir.
Q. The rest of it is a memorandum that you made yourself? A. I made the whole of the memorandum.
Q. This latter part, “five boxes of shot for Parrott's guns on the gun-deck,” is a memorandum you made yourself of what you saw ? A. Yes, sir.
The Court admits the memorandum as being proper evidence on cross-examination, and it is marked “Exhibit 1.”
Counsel for government excepts.
February 2, 1866. — About 10:20 the captain called me into his state-room and informed me that there were six shot left in the forward hold that he had ordered ashore, but the second mate did not do it; he said that he overlooked them when he removed the other; he was to blame for it.”
Q. Did the captain say in that conversation what number of boxes of ammunition had been sent on shore when this was left ? A. No, sir.
Q. Did he not say ten boxes ? A. No, sir.
Q. When did the captain say anything about Parrott guns? A. At the same conversation that I had there.
Q. What did he say about them ? A. He said they went on shore to Pierrepont's store, I understood him.
Q. That the guns had gone ashore to Pierrepont's store ? A. Yes, sir.
Q. Did he say this ammunition was for those guns that had gone ashore ? A. He did not say that.
Q. Did you understand, from your conversation with him, that this ammunition was for the guns that had been sent ashore ?
Counsel for the government objects to the question, upon the