The Daily Dispatch: February 7, 1861., [Electronic resource]

The case of the Slaver Storm King.

The following jury was sworn: A. S. Storrs, John M. Francisco, Jas. B. Smith, William Christian, Robert S. Pollard, J. C. Courtney, Evan F. Ragland, W. W. Snead, L. W. Glazebrook, A. O. Jones, Jas. Phillips and George Timberlake.

The prisoner is a man somewhat past the middle age of life, of genteel appearance, and with a very limited knowledge of the English language.

Mr. Aylett, U. S. Attorney, opened the case, stating what the Government expected to prove, and Mr. Crane made a brief rejoinder.

The examination of witnesses then proceeded, as follows:

‘ Lieut. A. K. Hughes, U. S. N.--Sworn.--I was with the steamer San Jacinto on her last cruise on the coast of Africa, and boarded the brig Storm King. On the 8th of August, 1860, while the San Jacinto was on her way to Luanda, where there is a U. S. naval depot, about 2 o'clock in the afternoon, a vessel was descried from the mast-head. We immediately increased our steam and stood for the vessel. About 5 o'clock, as near as I can recollect, we came up with the suspected vessel and hailed her. An answer was returned from the brig "No entiendo"--(don't understand.) We ran up the American colors, and I was sent by Capt. Dornin to board the brig, which showed no colors. As I was getting over her rail, I discovered that she had a cargo of negroes.--Their heads appeared above the hatch ways.--I inquired who was the captain of the vessel--

’ Mr. Chandler, for the defence, here interposed an objection to receiving testimony as to the answer made to the question. The objection was sustained by the Court.

Lieut. Hughes resumed.--I took possession of the vessel and hoisted the flag of the United States at her peak. A short time afterwards, a boat came alongside from the San Jacinto, containing some officers sent to assist in making the necessary examination for papers, &c. Lieut. Broome, of the Marine Corps, made the examination, and took the papers on board to Capt. Dornin.

Question.--Did you see anything to indicate the nationality of the brig?

Answer.--I saw on the stern of the vessel two American flags, carved and painted; three heads represented with crowns upon them and the months spouting water; and two tridents placed across the heads. Found in the cabin some muskets, revolvers and two single-barrel pistols. Thought they were Colt's revolvers. Saw some boxes marked New York. Found on one of the papers the rate of the chronometer, written in pencil.

Cross-examined by defence.--When I first saw the prisoner he was forward, apparently doing nothing. The crew forward, between the main port and gangway. All appeared to be in a state of disorder I reduced sails with my own crew. She had on her fore royal, fore-topsail, mainsail, fore and main gaff topsails. The stu'nsail booms rigged out, but stu'nsails not set. Believe she had some staysails set forward. The brig was not under full sail.--She was about 200 miles off the mouth of Congo river. After we took possession, we put all the crew in double irons except two, and kept them there all the way home. There were twelve on board. The other two were required to assist in working the vessel. Have no knowledge of the position held by prisoner on board. I had been on the coast of Africa about three months before. Had been ashore at Loando and Cabendo. Don't know whether a person casually on the coast of Africa would be apt to acquire Spanish phrases. The language spoken there is Portuguese. Believe the prisoner was the only Spaniard on the Storm King. There was one Portuguese and one Mexican. Were but a short distance from the Storm King when we hailed her.--Did not see the person who answered. Have no hesitation in believing Calleros is a Spaniard. Have no doubt that Mexicans can speak Spanish.

By Defence.--I think the San Jacinto was heading to the south, or south-southeast, steering for Loanda. The Storm King was going west. There was but little wind; think it was blowing from the south.

By the Government.--There were 619 negroes on board.

By Defence.--We carried them to Monrovia, except two, who died on the passage.

R. S. McCook, Midshipman, sworn.--I was on board the San Jacinto when the Storm King was captured. We sighted the brig about 2 o'clock P. M. and came within hail about 4. She was hailed by one of our officers, and the answer was returned by Calleros, No entiendo. We were not over forty yards from the vessel. He was standing by himself on the top of the cabin — I am not mistaken as to the man. He stood on the most elevated part of the vessel. The Storm King have to. We had fired a gun and run up the flag. I was ordered to follow Mr. Hughes, to carry some orders to him. When I got aboard, I saw negroes in the hatch, which was uncovered. They were on the lower deck, in a half kneeling posture--one leg bent under the body, closely packed, and perfectly naked. Appeared to be packed as closely as they could be. The sexes were not separated. When I went aboard and first saw prisoner, he was in the cabin with Mr. Hughes and some other officers. He was rummaging under a table, and one of the officers of the San Jacinto was examining papers. Crew were standing around the vessel — saw three in the passage way between the cabin and bulwark. Prisoner understands English very slightly.

Q.--Was Calleros pointed out to you by any member of the crew as the captain, within hearing or presence of the prisoner?

Defence objected to this question.

Q.--Did you converse enough with him to enable you to know whether he could understand ordinary English conversation?

A.--I scarcely think he could.

Q.--Was there any evidence of the nationality of the vessel?

A.--There was evidence of the name of the vessel, but not of her nationality. There was a paper--

The defence objected to this testimony, unless the paper was produced.

Some discussion ensued. The witness proceeded:

‘ I saw two papers; one of them I found myself. (Objected to.)

’ The U. S. Attorney stated that the papers were in possession of the Government. Witness was not required to state their contents.

Witness.--I saw nothing else to show the nationality of the vessel. The fresh provisions were marked Wells & Prevost, N. Y.--They were preserved meats, which we call fresh provisions.

By Defence.--The first hail was ‘"brig ahoy — what brig's that?"’ No answer, I think, was made. The next hail was, ‘"heave to and I'll send a boat aboard. "’ Then the answer was made. Calleros was in his shirt-sleeves when I first saw him. Presume that if Calleros was a passenger he would occupy quarters with the officers. There was no other cabin on board. I saw other white persons standing aft when Calleros answered the hail. He was ten or twelve feet from any other. Other persons could have spoken to him without our hearing it. There was but a slight interval between the hails. Am not positive that he is a Spaniard, but he speaks Spanish very well. I take him to be a Spaniard.--Another man on board named Silva also spoke Spanish. The Mexican boy does, a very little, but not pure Spanish. Don't remember hearing the others speak Spanish while I was on board. Lockhardt, another prisoner, could speak a few words. Think any nautical man would be apt to get hold of some Spanish phrases. We were standing about east southeast — running nearly parallel with the coast. The wind was about south. Think the brig was close hauled, standing about west.

Charles Ewing, Quartermaster's mate on board the San Jacinto, sworn.--Was on board at the time of the capture of the Storm King. Sighted her about 2 P. M., and overhauled her about 5. We hailed her — I was ordered to go aboard in the third boat to assist Lt. Hughes, who was in charge of the brig. Negroes were then on deck and in the hold. I was ordered to go to the cabin. Went down for the purpose of preventing papers from being destroyed.--Calleros was there tearing up papers. He left his occupation and went on deck. Did not examine the fragments of papers and don't know what they were. The papers were in a trunk. Had no conversation with him. --When I went on board the vessel he was standing aft between the poop and the quarter rail. When the San Jacinto hailed her, either the first or second time, Calleros put his hands to his mouth and answered no entiendo. This was after we had hoisted the flag to show our nationalty.

By Defence.--It must have been apparent

that our vessel was a man-of-war, before we hoisted our flag or overhauled the brig. Vessels of all nations arrest slavers, but no foreign vessel has a right to search an American vessel. It was between 15 minutes and half an hour after Lieut. Hughes boarded the brig, that I saw Calleros tearing up the papers.--Think such an operation might have been performed in ten minutes. There were a good many fragments of paper laying about in the cabin. I don't know what they were. Didn't examine them. They were torn into small pieces. The papers that I saw him tear up he crushed in his hand and carried them out. Others were torn previously.

By the Government.--A man-of-war has to reveal her nationality before she boards a vessel, but conceals it as long as possible. The flag is not hoisted during the chase, but before boarding.

By Defence.--There is no difficulty in recognizing a man-of-war at sea, before she hoists her flag. She can be recognized four or five miles distant.

The Court at this stage of proceedings took a recess until 4 o'clock, P. M.