[645] * 17. "CONFEDERATE STATES STEAMER SHENANDOAH, "February 15, 1865. "SIR: I am informed by the manager of the slip upon which the Confederate States steamer Shenandoah now rests that the slip has been seized by authority from his excellency the governor to prevent the launching of the Confederate States steamer Shenandoah, which of necessity is a seizure of the vessel under my command. I therefore respectfully beg to be informed if this seizure is known to his excellency the gov ernor, and if it meets his approval. "Very respectfully, "JAS. J. WADDELL, "Lieutenant Commanding, Confederate States Navy. "The honorable the COMMISSIONER OF TRADE AND CUSTOMS." 18. "CUSTOM-HOUSE, Melbourne, February 15, 1865. "SIR: In acknowledging your letters of yesterday's date, and also in reply to your communication of this morning, I am instructed by his excellency the governor to inform you that the lessee of the patent slip having reported that the safety of the ship Shenandoah may be endangered by her present position on the slip, the suspension of permission to British subjects to assist in launching the ship is withdrawn, while the further matters referred to in your letters are under consideration, and will be replied to with as little delay as possible. "I have, &c., "J. J. WADDELL, Esq., "JAS. G. FRANCIS. "Lieutenant Commanding Confederate States Steamer Shenandoah." 19. "CUSTOM-HOUSE, Melbourne, February 15, 1865. "SIR: I am directed by his excellency the governor to further acknowledge your communications of the 14th and 15th instant, in which, alleging that the vessel under your command had been seized, you ask whether the seizure is known to his excellency the governor, and if it meets his approval. "I am to inform you, in reply, that this government has not directed or authorized the seizure of the Shenandoah. "The instructions to the police were to see that none of Her Majesty's subjects in this colony rendered any aid or assistance to or performed any work in respect of your vessel during the period of the suspension of the permission which was granted to you to repair and take in supplies, pending your reply to my letter of yesterday's date in regard to a British subject being on board your vessel, and having entered the ser vice of the Confederate States in violation of the British statute known as the foreignenlistment act, and of the instructions issued by the governor for the maintenance of neutrality by Her Majesty's subjects. "In addition to evidence previously in possession of this government, it has been reported by the police that about 10 o'clock last night four men, who had been in concealment on board the Shenandoah, left the ship, and were arrested immediately after so leaving by the water-police. "It appears from the statements of these men that they were on board your vessel both on Monday and Tuesday, the 13th and 14th instant, when their presence was denied by the commanding officer in charge, and by yourself subsequently, when you declared that there were no persons on board this ship except those whose names are on our shipping-articles.' This assertion must necessarily have been made by you without having ascertained for yourself by a search that such men were not on board, while at the time you refused permission to the officer charged with the execution of the warrant to carry it into effect. 66 Referring to that portion of your communication of the 14th instant, in which you inform his excellency the governor that the execution of the warrant was not refused, as no such person as the one therein specified was on board,' I am in a position [646] to state that one of the four men previously alluded to is ascertained to be the person named in the warrant. "I am also to observe that, while at the moment of the dispatch of your letter it may be true that these men were not on board the Shenandoah, it is beyond question that they were on board at the time it was indited, your letter having been dispatched at five minutes before 10 o'clock. "It thus appears plain, as a matter of fact, that the foreign-enlistment act was in course of being evaded. "Nevertheless, as the only person for whose arrest a warrant was issued has been secured, and as you are now in a position to say, as commanding officer of the ship, and in behalf of your government, whose faith is pledged by the assurance, that there are no persons on board this ship except those whose names are on our shippingarticles, and that no one has been enlisted in the service of the Confederate States since my arrival in this port,' his excellency the governor has been pleased to revoke the directions issned yesterday, suspending permission to British subjects to aid and assist you in effecting the necessary repairs and taking in supplies. "I am to add, it is expected you will exercise every dispatch, so as to insure your departure by the day named in your first letter of yesterday, viz, Sunday next. "I have, &c., (Signed) "J. J. WADDELL, esq., "JAS. G. FRANCIS. "Lieutenant Commanding Confederate States Steamer Shenandoah." 20. "CONFEDERATE STATES STEAMER SHENANDOAH, "SIR: I am in receipt of your communication of yesterday's date, and desire to convey through you to his excellency the governor my appreciation and thanks for his observance of the rights of belligerents, and further to assure his excellency the governor that every dispatch is being made by me to get the Shenandoah to sea at the earliest possible moment. "The four men alluded to in your communication are no part of this vessel's complement of men. They were detected on board by the ship's police after all strangers were reported out of the vessel, and they were ordered and seen out of the vessel by the ship's police immediately on their discovery, which was after my letter had been dispatched, informing his excellency the governor that there were no such persons on board. These men were here without my knowledge, and I have no doubt can be properly called stowaways, and such they would have remained but for the vigilance of the ship's police, inasmuch as they were detected after the third search; but in no way can I be accused, in truth, of being cognizant of an evasion of the foreign-enlistment act. "In conclusion, sir, allow me to inform you that I consider the tone of your letter remarkably disrespectful and insulting to the government I have the honor to represent, and that I shall take an early opportunity of forwarding it to the Richmond government. "Very respectfully, "JAS. J. WADDELL, "Lieutenant Commanding, Confederate States Navy. "The honorable the COMMISSIONER OF TRADE AND CUSTOMS." This closes the correspondence between Captain Waddell and the government. But the following letter was dispatched to Mr. Higinbotham : 21. "CONFEDERATE STATES STEAMER SHENANDOAH, "SIR: Be pleased to inform me if the Crown claims the sea to be British waters three miles from the Port Phillip Head lights, or from a straight line drawn from Point Lonsdale and Schanck. "I have, &c., "JAS. J. WADDELL, "The honorable the ATTORNEY GENERAL." [647] *Captain Waddell states that a reply, written and signed by a clerk, was brought to him by a messenger, of whom he knew nothing till a gentleman on board explained who he was. The document simply stated that no reasons for the communication of the information had been given. Captain Waddell handed the reply back to the messenger with the simple answer that it was not what he wanted, and that it had better be taken back with his compliments. ceedings in police court, February 16. From the Herald of February 17, 1865. THE SHENANDOAH RECRUITS.-At the Williamstown police-court, yesterday, four men, named James Davidson, alias Charley, Arthur Walmsley, William Enlistments, Pro- Mackenzie, and Franklin Glover, were brought up before Mr. Call, P. M., Mr. Hackett, P. M., and Mr. Mason, J. P., charged with a breach of the foreign-enlistment act. The information in each case stated, “That being a natural-born subject of the Queen, you did unlawfully, knowingly, and without the leave or license of Her said Majesty for that purpose had and obtained under the sign-manual of Her Majesty, or signified by order in council, or by proclamation of Her Majesty, enter yourself and agree to enlist and enter yourself to serve as a sailor, and to be employed and serve in and on board a certain vessel of war, fitted out, used, equipped, and intended to be used for warlike purposes in the service of a certain foreign power, province, or people, or part of a foreign power or people, exercising and assuming to exercise the powers of government, to wit, the Confederate States of America." The prisoners were thus described: Davidson as a native of Scotland, aged 22; Walmsley as an Englishman, aged 17; Mackenzie as an Englishman, aged 22; and Glover as an American, age 24. Mr. McDonnell, instructed by a clerk from the Crown law-offices, appeared for the prosecution. The prisoners were undefended. Mr. McDonnell asked for an adjournment, as he had only just been instructed, either for two hours or until the next day. The prisoners, however, said they were ready to go on. The bench, therefore, thought it would be unfair to keep them in custody any longer than was necessary. Eventually the case was adjourned for an hour. On the court resuming, Mr. McDonnell said that the proceedings were instituted under act 59, George III, cap. 69, commonly known as the foreign-enlistment act. He would prove that the prisoners went on board the Shenandoah in these waters, and within the jurisdiction of this colony, for the purpose of entering into the service of a belligerent state, with which this country was not at war. He would further prove that they were British-born subjects; that they were on board; that they were seen to get over the side of the vessel into a boat, come ashore, and that on reaching the shore they were apprehended, and further matters in the way of conversation that then took place between them and the police who apprehended them. That would be sufficient to satisfy the requirements of the statute. A case was decided in the exchequer chambers at home in which the law was fully gone into, and although that was for equipping a vessel for war, the same act applied. The case was known as the Alexandra case. The point submitted for the adjudication of that court did not arise directly in the present instance, but the principle did incidentally. He was then proceeding to call evidence, when, Mr. Call asked whether it was proposed to make it a joint prosecution, and mentioned that in a superior court an indictment could not be filed against all together. After some discussion Mr. McDonnell elected to proceed first against Davidson, alias Charley. The others were then removed, and the following evidence called: Edward Wardle, watch-house keeper, said that on the 14th instant the prisoner was brought to the lock-up in company with three others. He gave the name of James Davidson, and said he was a native of Scotland. (The witness then read the entry, which showed the prisoner was brought in at ten minutes past 10 o'clock at night; that he was a Protestant; and that he could read and write.) John Williams deposed: I belong to the United States of America. I was taken from the bark De Godfrey, on which I was employed, by the Shenandoah, on the 7th November, 1864. I entered on board the Shenandoah in the capacity of cook. (The witness was here asked as to the circumstances under which he joined the Shenandoah, but the bench ruled that it was unnecessary and also unadvisable to try and turn the proceedings into a sensational trial.) I arrived here on the 23d January. [648] I know the prisoner; he gave his name as Charles. He came on board two days after we arrived. He was employed as assistant cook to the ward-room officers. When he came on board he had on the clothes he now wears. While on board he wore the confederate uniform. I had a conversation with him while he was on board. I asked him where he belonged to. He said London. I asked him what ship he came by, and he said the Great Britain. He said he would like to ship on board the Shenandoah, and while we were talking, Sailing-master Bullock came into the galley where prisoner and I were. This was about a week after the prisoner came on board. Mr. Bullock asked prisoner what he wanted in the ship. He told him that he came to join the ship. Mr. Bullock told him to keep out of sight while the visitors were on board. To Mr. Call: At that time the prisoner had on the ship's uniform. To Mr. McDonnell: When told to go out of sight the prisoner went into the fore castle. Mr. Bullock told the master-at-arms to lock the forecastle door, and to allow no visitors in. The prisoner at that time was in the forecastle. I left the vessel on the 5th February. The prisoner was on board then. To Mr. Call: Prisoner at that time was cooking. When the visitors went ashore he came out, and in the morning when they began to arrive he went into the forecastle again. He was let out at night to get his hammock on the berth-deck. He slept next me. I cooked the "grub" for him, and sometimes took it to him myself. At mealtimes the master-at-arus unlocked the door, passed the "grub" in, and then re-locked the door. John McDonnell: The prisoner got his uniform from Griffiths, a seaman. While on board the first lieutenant also spoke to the prisoner on several occasions. The prisoner wore his uniform when Lieutenant Whittle spoke to him, and was in the galley cooking. To Mr. Call: The lieutenant told him he dared not ship him while in port, but ordered him to keep out of sight, and said he would ship him when out of port. Prisoner: Did I ever tell you my name? Witness: Yes, you did. Prisoner: When? Witness: I called you Bill when in the galley, and you said, "My name is not Bill; it is Charley." Prisoner: Think again. You are mistaken. Witness: You asked me for a razor to shave with, and I gave you one. To Mr. Call: It was on the second day when the prisoner asked for a razor. Before that he had full whiskers. (The prisoner appeared in court with simply a mustache and chin-tuft.) He said he wanted to disguise himself so that people would not know him. He then shaved himself as he now appears. Walter J. Madden: I am a native of Boston. I was a seaman on board the bark De Godfrey. I was taken out of her on the 7th November, 1864, by the Shenandoah. I went from the De Godfrey, and entered the Shenandoah as a seaman. After going on board I was rated as master of the hold. We arrived here on the 25th January. To Mr. Call: This is the first port we touched at since I joined the Shenandoah. To Mr. McDonnell: I know the prisoner. He first came on board a day or two after we arrived here. He worked in the galley, and he had on the ship's uniform. I had some conversation with the prisoner. I asked him what he was doing on board, and he said he came to join her if he could. Visitors were on board while I was there, and the prisoner was in the forecastle while they were there. The forecastle was locked while he was thore by the master-at-arms. He got his dinner in the forecastle at 12 o'clock. Dinner used to be passed in to him in the forecastle. It was passed in by the cook's mess-boy. I never saw Williams pass it in, but I have seen Quartermaster Wiggins do so. To Mr. Call: It was passed in through the cable-hole, which was large enough for a man to get through. There was a door to that hole which was not locked, although it could have been. It was kept shut. To Mr. McDonnell: While visitors were on board the prisoner was locked up in the forecastle; after they left he used to come out in the evenings. We used to call him Charley on board. He slept in the fore-hatch, and I slept aft. I left the vessel on the 6th; I think a week last Monday. When I left the vessel Charley was still on board. He usually wore the uniform" pants." He wore them all the time he was on board. I have seen him wear the uniform cap sometimes. To Mr. Hackett: It was a gray cap, with two red and one white stripe round it. To Mr. McDonnell: I have seen the petty officers speaking to him, and he then [649] had on the uniform. One was chief boatswain's mate, and another the master at-arms. I saw them speak to him every evening. I was not present when any order was given to the prisoner by the officers. His general work was cooking in the galley. The prisoner said he did not wish to ask any questions. Witness, (to Mr. Call:) There had been many workmen about the vessel, but none of them slept on board for the night. We had no hired labor for the galley. While the prisoner was in the forecastle, which was ordinarily used as a store-room, there were other persons there besides those who had come in with the ship. The prisoner is the man concerning whom I laid an information the other day. The muster was twice called over while we were in port, and while I was on board, by the chief lieutenant, at about 9 or 10 o'clock in the morning. Every one who was on the ship's articles was mustered. The boatswain sung out, All hands to quarters." The men were mustered by their numbers at the guns. The carpenters and others were not called over; excepting for men at the guns, no roll was taken. The second lieutenant and the quartermaster went round to see after the others. On the first Sunday in every month all hands were mustered and the laws read out. To Mr. Hackett: I do not belong to the ship now. I have come ashore, (laughter,) and am not going back. H. Ex. 282-58 Mr. McDonnell wished the witness to explain, but it was considered unnecessary. Charles Bincker said: I am a native of Germany. I was taken from the bark Alina, on which I was a seaman, by the Shenandoah, on the 29th October. We were then at sea. I know the prisoner. I first saw him about twelve days ago, and five or six days after we arrived. I left the vessel last Sunday. From the time when I first saw him until I left he continued to be on board. I heard him called Charley. To Mr. Call: He was acting as cook in the galley. To Mr. McDonnell: He wore gray clothes; the uniform of the vessel. He wore gray trousers and a gray cap, with two red stripes and a white one in the center. I saw visitors come on board. While they were there Charley was in the forecastle. At dinner-time he was in the forecastle. He used to get his dinner there. He was locked up in the forecastle. He got his dinner from the mess-cook's boy. It was passed through the cable-hole. I have seen the master-at-arms unlock the door. When the visitors went away the prisoner went into the galley and was cooking. To Mr. Call: He got out sometimes through the hole, and sometimes he was let out. I have never seen him come out or go in. I have seen the master-at-arms lock the door. To Mr. McDonnell: He slept in a hammock on the berth-deck. To Mr. Call: I never saw any of the officers talking to him while I was on board. Herman Vecher sworn: I am a native of Germany. I was on board the Alina with the last witness in October last, and was taken from her by the Shenandoah. Iarrived here in the Shenandoah, in January last. I know the prisoner. I saw him on board about seven or eight days after we arrived. I left the vessel last Sunday, and until I left I saw him continually on board. He was in the galley as cook. He wore the uniform. I have seen him in the forecastle in the day-time, after breakfast, and during the dinner-hour. He used to have his breakfast in the forecastle. When visitors were on board he was in the forecastle. After they had gone I used to see him in the galley. He slept between decks, in a hammock. I have spoken to him about the Shenandoah, and he told me he had joined her as cook. I have not heard the officers speak or give orders to him. The prisoner said he did not wish to ask any questions. Witness recalled. While I was on board I never saw any officer go into the forecastle to see who was there. To Mr. Call: The master-at-arms was the officer in charge of the forecastle. Alexander Minto sworn: I am a senior constable of water-police, stationed at Williamstown. I was in charge of the police-boat on the night of the 14th instant. Shortly after 9 o'clock, at the patent slip on which the Shenandoah was, I saw a boat haul up to the gangway of the Shenandoah. One of the officers of the Shenandoah was standing at the gangway. He had his uniform on. I saw one of the boatmen, George Nicholls, go on board; and in a short time, a second or two, four men, James Davidson among them, came down to the boat. Another waterman, Clarke, remained in the boat. When I saw the four men go into the boat I hauled alongside and spoke to them, Charley being present. I asked them who they were and what they had been doing on board. To Mr. Call: I think the officer at the gangway could have heard me. To Mr. McDonnell: They say they had been working at day-work on board. [650] One of them had a bundle in his breast. I heard a call of "George" from the ship, which I took to be from the officer at the gangway, and immediately I saw Nicholls come and slide down into the boat. The boat then at once pulled ahead. I followed them, but lost sight of them on the water. I returned at once to the patent ship, and run up to the railway station, and saw two of them on the platform. I searched and found the two others in the water-closet. Charley was one of the two that were walking on the railway platform. I went to them and asked them why they hurried away from the ship so quickly. They seemed to hesitate, and then said, O, the Shenandoah you mean." I think it was Charley who said that. They asked what I wanted, and spoke of the train having just started, and I told them there was another. I asked them to accompany me, and they did so. On the way I spoke to all of them. Charley said he was sorry he had to leave her; that he had sold everything he had to join the ship. I asked him what ship he had been in last, and he said he came out from London in the Indemnity. I took them to Mr. Lyttleton, superintend ent of police. The prisoner asked the witness no questions. Thomas H. Lyttleton sworn: I am a superintendent of police. On the morning of the 14th I went on board the Shenandoah while she was on the patent slip. I saw Captain Waddell. I believe he is the captain of the vessel. I went on board to ask him to allow me to execute a warrant. (The witness was then asked as to his conver sation with Captain Waddell, but the question was ruled to be inadmissible, although it was explained that the object was to prove the nationality. The bench said Mr. Lyttleton's own conclusions could be taken.) I saw a flag on board, which I believe to belong to the Confederate States of America. I had with me the warrant produced, |