52 · .` FEDERAL REPORTERL
10 years. Brown’s business in New York in`JuIy last was that of an insur-
ance agent, but he took part in the affair about to be mentioned as an out-
side job. Bourke was the agent of the Haytian insurrectionists in New
York. A sequel of the intercourse of these men was that a steam-tug called the
Mary N. Hogan, capable of carrying some 75 tons or more in weight of freight,
not in large bulk, was purchased, with money supplied by Soutar, through
» the agency of Kearney, at a cost, all told, of $11,600. There were also pur-
chased by Kearney, with funds supplied by Soutar, the guns, arms, and am-
munition which are the subjects of the present libels, at a cost of $7,000.
They were bought of Joseph W._Frazer, the same person who had sold the
like articles which had gone to Marigoane on board the Tropic. Kearney,
wishing to keep in the background, got Brown to engage a vessel by which
these military goods might be sent out of New York billed for some home
. port; and Brown, through a regular ship-broker in New York, engaged the
schooner E. G. Irwin—Silas H. Dodd, master——for that purpose. It was con-
certed between Kearney, Brown, and Dodd that after these military goods
were put on board the Irwin, and after the schooner should have proceeded
down the coast for some distance, say to Hog island or Hampton roads, she
should be hailed, by means of concerted signals, by a steamer bound from
New York for Hayti, and that the munitions of war on board of her should be
transferred to the steamer. Dodd, however, was not informed what steamer
was to relieve him of his military cargo, or of its name.
4 The Hogan, before being purchased by Kearney for Soutar, was examined
by Edward A. Bushnell, a friend of Kearney, who had sometime before been
chief engineer of the Haytian navy. John H. McCarthy, an adventurous
and somewhat dissipated character, was employed as master, and the bill of
sale of the Hogan, when purchased, was made in the name of McCarthy as
owner; but he executed amortgage for the amount of the purchase money,
on the vessel, in favor of a Mr. Abbott, a merchant of Jamaica, and friend of
Soutar. Patrick Cox was employed as chief engineer, and Finton Costigan
as gunner. Several weeks were consumed in making repairs and prepara-
tions, and on the twentieth of July the Hogan, with a crew and a supply of
coal, but without other freight, was ready to leave for her destination, when
she was seired and libeled by the United States for an attempted violation of
the neutrality laws, under section 5283 of the Revised Statutes. Prevented
in this way, as the Hogan was, from proceeding on her intended voyage,
, there was no steamer to overhaul the schooner Irwin in her sail down the
coast, and to relieve her of the arms and military munitions which consti-
tuted part of her cargo. She had taken on pig-iron and cement at New York
for Richmond at the time when she had been engaged to take the military
munitions; and these latter had been consigned, as a matter of form, to "or-
der" in Richmond. The Irwin, therefore, looked out in vain for a steamer
during her voyage down the coast; and after standing off Hog island for a
couple of days, and lying at anchor in Hampton roads for a week, she came,
with all her cargo, on to Richmond. Here she discharged her legitimate
cargo, but was herself arrested and libeled by the governmentat the same
time that the contraband portion ofher cargo was seized, _ · r
In opposition to this train of testimony the defense deny that the
Hogan was intended for warlike cruising in the waters of Hayti against
that republic;. insistthatshe was purchasedfor the purpose of being
sent-_ out and used in theport of Antonio, Jamaica, to raise a steamer,
the Calvert, which had been sunk in the harbor there in a collision, and
which had been purchased at auction, as she lay, by Soutar; and, not
controverting many of the- facts brought out in evidenceby the prose-