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vessel again while there; he took a trunk with him; I heard there was jewelry in it; Braine did not come back there again; got no additional men or coals at LaHave; we got CHESAPEAKE some wood; Parr told me that he was going away for a day or two; he would return, and bring Braine back, when he would endeavor to get the captain to liberate me, as it was too bad to keep me confined to the ship, wounded as I was and away from my family; Parr also said Braine had acted wrong in running off with the sum off $400.

(Mr. Gray objected to all evidence as to some statements. made by Parr, and quoted from Roscoe's evidence in support of his objections. The magistrate ruled in his favor.) Witness resumed: Parr went away; I do not know where; we left that evening; I do not know the date; we got some wood there; we left LaHave and came to the mouth of the river, towing a schooner of about fifty tons, and loaded with part of the cargo of the Chesapeake. I cannot say what kind of a load we gave her, as it was at night, but it was a pretty good load. I did not hear Parker say what he got for this; we got some wood from the schooner; we remained at the mouth of the river, and then proceeded to Sambro, about twenty miles from Halifax; our coals lasted until we got there; got no additional crew at LaHave; Capt. Parker went from Sambro to Halifax for coal, but took no part of the cargo with him; he returned with a schooner load of coal, two engineers and two firemen ; Parr had not returned; we commenced taking in the coal about two o'clock in the morning; I got up and spoke to Parker; he told me about the men he had got, and asked me to show the engineers the machinery; I told him I would after daylight. After that I was in my stateroom getting ready to leave, Parker having told me he was done with me, when the pilot (Flinn) reported to Parker that there was a gunboat in the harbor. Parker went on deck, and, seeing her, spoke to his new engineer about getting steam on. (This place they call Mud Cove.)

The engineer told Parker his men were not in order to get steam on. Parker then told me to scuttle the ship, but I told him I did not know how. He said I could cut a pipe,

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and I said we had no pipes that I could cut. Parker left the cabin then. I carried my clothes on deck, and found him CHESAPEAKE and his crew leaving the vessel, and very good time they made. The three prisoners were among them. I then got an American color out of the wheel house, and one of the firemen to run it up, Union down. The gunboat came alongside and boarded us. She was commanded by Lieut. Nichols. There were none on board the Chesapeake then but myself and my three firemen, the two new engineers, who were left behind, and one oilman. There was no steam up then. I told him.

Nichols asked me who was on board, and We tried to get up steam, but we had not coal enough, and no oil on board.

About an hour and a half after this we left, and proceeded to Halifax in company with the Ella and Annie; the Dacotah was behind us: I stayed in Halifax until Monday last: Parker, Braine and Parr had charge of the Chesapeake from the time she was captured until they left her at Sambro. Capt. Willett and his crew had no control over her; I did not act of my own free will, but under orders from these people; I went to the second engineer's room in company with Parr and Striebeck, and found a pistol there, which I handed to Parr; he examined it and said it had not been used. In the second engineer's drawer I found the pistol.

The second engineer's room was on the deck above where he attended the engine, and the same deck on which I found him dead; I hired him about two years ago, and have never known him to carry a pistol; I would have known it if he had done so; there was no means of putting boiling water on deck, nor were there at any time; there was a force pump to throw cold water in case of fire; I saw these prisoners every day from the time the vessel was captured until they left her at Sambro; they all carried revolvers; I do not know what position Collins occupied.

Cross-examined by Mr. Weldon: When Brooks got to the cabin he was wounded in the left hand; Parr cut the ball out; I heard nothing said about the engineer shooting him; I found the second engineer dead at the top of the gangway; his duty was below; I went down and saw Brooks,

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who flashed a pistol within about two feet of me; the ball struck me in the hollow of the chin; did not knock any teeth out, but was bedded in the bone. I had it taken out CHESAPEAKE the day before yesterday from the outside. After being shot I went into the kitchen through a hatch used as a dumbwaiter; this may have been cowardly, but I could not help it; I remained there about a half an hour, when I was taken to the cabin, and Parr cut the wound, but could not get the shot out; he then dressed it, and told me to keep the cold out of it; he took the ball out of the mate's arm; I did not hear the Confederate States mentioned at all, nor did I hear Braine say to any one that they were acting in the name of the Confederate States; they used a Secesh flag in Shelburne; I cannot describe it; it did not seem right to me; cannot tell how many colors were in it; I could not describe four weeks from now a 66 rag" that I had seen to-day; it was

not the Stars and Stripes.

Parr did not tell me they had taken the Chesapeake for the Confederate States, but said that he and Braine had travelled in her about a month before for the purpose of taking her; he also told me he had been in the Southern army, and was a released prisoner, but did not say what part of the Southern States he came from; he treated me very civilly; said Parker had not fulfilled his word, and that he would try and get me away; they did not get any new engineers at Shelburnethey would have to "make them" there; I was allowed to go on deck alone occasionally, and took my meals in the cabin; when the vessel was first taken Braine told me he had no engineer, and I worked the vessel to Grand Manan. Parker then came on board; told me he would have to keep me a little while, and asked me how much money I wanted; I said not to mind money, I would run the ship if I had to do it; I suppose Braine acted under Parker after the latter came on board; there was a guard in the engine room, in the fire room, and on deck all the time; Parker said Shelburne was his native place; did not say he had been in the Southern States; I had never seen him before; we put into Shelburne, LaHave and Sambro, and were about four miles inside Sambro and about half a mile from the shore

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when the Ella and Annie took us; when Parker and his party left they took one boat with them; Wade must have CHESAPEAKE gone on board the schooner, as he was found there by some of the crew of the Ella and Annie; I was left in charge of the Chesapeake; the two Halifax engineers and Wade were the only persons taken on board the Ella and Annie; the Dacotah lay off the the harbor, and after speaking her we proceeded to Halifax, having got orders to that effect from her commander; I was kept only until they got engineers; I did not expect any money, nor would I have taken any were it offered.

Re-examined by Mr. Wetmore: The watch in the engine room and fire room were armed; I don't know whether the watch on deck was armed.

January 11th, 1864.

Mr. Wetmore put in evidence: Certified copies of the following Acts of Congress:

Act of Congress, 1819, cap. 75, Statutes at Large, 3 vol. 514.

Also proclamation of President Lincoln, dated April 19th, 1861.

EVIDENCE OF CHARLES WATTERS.

Charles Watters was called and testified as follows: I reside in Carleton; have resided there twelve years; know the prisoners Seely and McKinney; had no conversation with Seely or McKinney on the subject of the capture of the Chesapeake; had heard a good many speak about it in their presence; I heard their conversation in Lower Cove, in the City of Saint John; McKinney was present; the two Coxes were present; do not know the names of the streets in Lower Cove; do not know in whose house this conversation took place; after going down Charlotte street, would turu to the left in order to reach the house in which the conversation took place; it was the next street to the last street which runs east and west. [Procuring a plan of the city, the

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witness pointed out Main street as the one on which the house was situated where these meetings and conversations took place.] The house was on the right side of the street; CHESAPEAKE it was a workshop; it was reached through a yard; saw the captain there; think his name was Braine; heard conversations there; the captain was not present; his name was Parker, as I since heard; he was a middling tall man; the captain said he wanted a crew of twenty men to go to New York to capture a vessel; we were all to have a share, do not know how much each man was to receive; did not hear anything about payment for the service; we were to have our passage paid to New York; Parr was to pay the passage; the prisoners were present at one of the meetings; there were two meetings; did not hear anybody say they would go; the prisoners were present at the second meeting; there were very few of the boys present at the first meeting the captain appointed the second meeting; never saw Collins before to-day. Have had no conversation with McKinney about the affair; had no conversation with Seely about it; I went over to Carleton in the same boat with Seely; I was present when the American boat went off, and Seely and McKinney were there. About a week after the last meeting I heard that the Chesapeake was captured: it was asked at the last meeting by the captain if those present would go; I cannot say that I heard any one assent; I was not present at the first meeting; I saw the prisoners Seely and McKinney the same night that the last meeting took place, before the meeting; I do not know how many meetings were held; I had a conversation with McKinney and Seely on the road to the meeting, when the prisoners said they would go to the meeting; the two Coxes and a man named George Robinson were with us; Robinson asked the boys to go; they asked where they were going to, and he stated they would find out when they got there; when I speak of "they" I mean the prisoners and the others; they asked what they were going for; Robinson said they were going to see Braine, who was holding a meeting for the captain; couldn't say what was said on the way; Robinson called at the Lawrence Hotel and got Captain Parker, and we all went to the place of