1038                        FOREIG-    RELATIONS.

  43. Q. Do you know where they went at the time the small boat had the Cuban
flag ?-A. They went toward a man-of-war that lay outside the harbor a short
distance;
a Venezuelan man-of-war.
  44. Q. Was this the same Venezuelan man-of-war that the Virginius towed
out to sea
and captured the schooners ?-A. No, sir.
  45. Q. Do you remember the name of this Venezuelan man-of-war ?--A. I do
not.
  46. Q. Was this before or after the cargo was taken out of the Virginius
and part of
it placed in the Venezuelan fort at Puerto Cabello ?--A. It was after the
cargo was
taken out.
  47. Q. Was it before or after the Virginius towed the Venezuelan war-steamer
to sea
and the schooners were captured ?-A. Previous to the time they captured the
schooners.
  48. Q. Did you see, with your own eyes, the Venezuelan flag flying on the
Virginius
at the time of the capture of the schooners ?--A. Yes, sir.
  49. Q. On what part of the ship or on what mast was the Venezuelan flag
flying ?-
A. Flying at the main; flying aft. She had no mainmast.
  50. Q. At this time did you see the flag of the United States also flying
?--A. ,No,
sir; I did not.
  51. Q. Was General Quesada on board the Virginus at the time the schooners
were
eaptured?--A. He was; I saw him.
  52. Q. Where was he standing, if you remember ?'-A. He was standing on
the port
quarter-deck.
  53. Q. Did you hear him express any words at the time; and, if so, can
you say what
they were ?-A. I heard his voice, but I could not understand what he said,
for he
spoke in Spanish.
  54. Q. Who did he appear to be addressing ?--A. The captains of the schooners.
  55. Q. The captain of one of the captured schooners ?--A. Yes, sir.
  56. Q. Who was in command of the Virginius at the time of this capture
?--A. I
believe Marguiz was captain.
  57. Q. Had Captain Shepperdt left her ,?-A. Yes, sir.
  58. Q. But you have testified that Marguiz was the chief engineer ?--A.
Yes, sir.
  59. Q. How was he->captain?--A. Captain Shepperd was discharged, and
then the
chief engineer was made captain. He took command, or was made captain by
the
Cubans; by General Quesada.
  60. Q. Was he competent- to navigate the steamer ?--A. That I can't say.
  61. Q. Was there any other person on board, to your knowledge, who appeared
to be
sailing-master or navigator ?--A. Yes, sir; one Cuban, by the name of Camacho.
  62. Q. Is it not true that Marguiz was only a _paper captain, and Camacho
the real
captain ?--A. That I believe to be the fact.
  63. Q. I refer now to the time of the capture of the schooners, and ask
who was
chief engineer at this time ?--A. Marguiz was chief engineer then. and all
the time
that I was on the ship.
  64. Q. At this time was Marguiz both captain and chief engineer ?'-A. Yes,
sir.
  65. Q. Who gave orders on deck at the time of the capture ?-A. Well, I
thought
that Quesada had more to say than any one else; that the ship was under his
control
at that time altogether.
  66. Q. Did you ever sign any other articles for the Virginius except those
yousigned
in the port of New York, to which you have referred ?-A. I never did.
  67. Q. Did the schooners which you captured belong to the party of Guzman
Blanco ?--A. I understood they belonged to the opposite party.
  68. Q. To which party did the Venezuelan steamer belong which you towed
out to
  sea ?--A. Guzman Blanco.
  69. Q. What flag did this steamer fly when towed out and at the time of
the cap-
ture of the schooners ?--A. I can't describe the flag particularly, but I
think she flew
the flag of the party called the "Yellows." I understand that that
party to which the
schooners belonged was called the "Blues.".
  70. Q. Why did you leave the Virginius ?--A. I considered it was not safe
to stop on
  her any longer; after 'Captain Shepperd left the ship I could not say who
controlled
the ship. And there were outside parties on the ship that interfered with
the men and
discipline of the crew that I considered had no right to do it, and they
done so.
  71. Q. Who were those "outside parties. "-A. Quesada was the
principal one.
  72. Q. To what nationality did-these "outside parties" belong?-I-A.
Cuba.
  73. Q. Did you ever report to any American consul that the Virginius had
worn or
carried a Venezuelan flag 'I-A. I did.
  74. Q. To whom?-A. I believe his name was Faxon, in Curagoa-the American
consul.
  75. Q. Who was with you, if any one, when you spoke to ConsuliFaxon about
the
flag 'I-A. Stephen Cox and EdWard Luby.                     .
  76. Q. Where were you when the conversation took place?'I-A. In the American
  consul's offce at Curagoa.