CHAPTER XI.

TECHNICALITIES FALL BEFORE TRUE AND PERJURED TESTIMONY AND

AUTHOR IS QUICKLY CONVICTED OF TREASON.

_We Find Consolation in Lack of Proof Until a Foolish Remark Causes

Weakling to Turn Informer._

As I said, Rubery, Libby and myself were brought from Alcatraz to the

Broadway jail, while Greathouse was enlarged on bail. We remained there

over six months, while the Government was preparing for our trial.

At that time there was published in San Francisco a paper called the

American Flag. It perished peacefully after the war ended, but while

it lasted, outclassed every publication of the North in downright

ferocity, not alone to the cause of the South, but to every person

of Southern parentage. It demanded that we be tried on a charge of

piracy--a capital offense. But the closest examination of the law

proved that no such accusation was tenable. The final indictment was

for high treason. That also used to be a capital crime, but such a

multitude of treason charges were brought during the war that Congress

stayed the hand of the executioner and made the offense punishable only

by imprisonment and fine.

Even that charge might have come to naught. Against us was the

accomplice Law, whose unsupported evidence was not sufficient. The

armament found on the Chapman might have been intended for a filibuster

expedition against a Central American State. The false custom-house

papers might be explained in the same way, also the secret preparations

for leaving the port, for the United States Government was bound to

intercept any illicit expeditions against friendly powers. Some general

literature of an inflammatory “secesh” character was found on us, but

our natural inclinations were a matter of public knowledge in San

Francisco. Finally the scraps of torn paper collected on the Chapman

by Captain Lees and pasted together, while incriminating, were not

complete and hardly admissible in a court of justice. In other words,

while there was an ocean of suspicion, the prosecution could offer

very little proof. Our best friends knew that the indictment was true

enough, but to maintain it according to the rules of evidence was

another thing.

The needed testimony, however, was supplied through some senseless talk

of Greathouse. I have always contended that a man’s worst enemy is his

mouth, and there never was a better illustration. Greathouse visited us

one day at the Broadway jail. He was handsomely caparisoned, full of

spirits and I think had just risen from a good dinner, or rather lunch.

Libby asked him anxiously about our prospects. “Well,” said Greathouse,

“they are not exactly flattering. I guess all of us will have to go to

prison for a long term, but,” he added somewhat grandly, “I will be

able to buy my way out.” He didn’t say a word about the rest of us.

This remark started Libby to thinking. He was scared stiff before. Now

he became a nervous wreck. He knew that Greathouse was powerful enough

to be at large on bail. He knew that Rubery and I had influential

connections. He was himself a poor fellow from Canada, adrift on the

Pacific Coast, without a cent or a friend. He saw himself made what we

moderns call the “goat” for the whole Chapman incident and concluded

that the wisest thing was to look out for his own hide. Somehow I have

never had it in my heart to blame Libby overmuch for whatever happened.

My impression is that he intended to “sit tight” until he thought

himself left in the lurch.

Be that as it may, the day after the visit of Greathouse, Libby sent

for the United States District Attorney, made a complete statement of

all he knew concerning the outfitting of the Chapman and our designs

against the commerce of the coast, adding, I am sorry to say, some

details that were false.

This confession, brought on as I believe by the foolish talk of

Greathouse, absolutely sealed our doom.

We were brought to trial on October 2 in the United States Circuit

Court, Judge Stephen J. Field and Judge Ogden Hoffman sitting in bank,

with an array of eminent counsel on each side. It did not take long

to pick a jury in those days. The very dogs of San Francisco knew of

the Chapman case, yet the twelve good men and true who swore they

were unbiased were impaneled in less than an hour. Some of them were

later noted. Here are the names: John Wheeler, Jacob Schrieber, A. S.

Iredale, Samuel Millbury, Joseph D. Pearson, Joseph A. Conboie, G. W.

Chesley, J. K. Osgood, James W. Towne and W. P. C. Stebbins.

The evidence against us was overwhelming. Law and Libby told their

stories in great detail. About half of it was rank perjury. They

related conversations that never took place. Also incidents that

existed only in their imaginations. Everything was set forth in its

blackest light. The witnesses were well drilled and were not shaken

by cross-examination. All of the other incidents were proved, the

purchase of the ship through a custom-house broker named Bunker, the

purchase of cannon and arms, the false manifest of the vessel and the

assemblage of a considerable fighting force. The Government also proved

that Greathouse and myself were citizens of the United States, not

of the revolted States, while Rubery was classed as a common foreign

adventurer. This, it seems, was necessary to establish the charge of

high treason.

Our lawyers made the best of a bad job. They argued manfully many

points of law concerning which I have no recollection, except that they

contended that the mere loading of a ship with arms did not constitute

a crime any more than buying a pistol constituted murder; that in order

to constitute the overt act the ship must sail for its destination. On

this point the court held that leaving the wharf and laying to in the

stream constituted “sailing.”

Finally our counsel made a grandstand bluff. They declared that

witnesses, then in Mexico, could clear up the whole transaction, but

in the absence of these they were compelled to submit the case without

testimony. None of us took the stand.

The lawyers unlimbered the usual forensic lore, illumined by bursts

of fiery eloquence. Both the judges charged dead against us. However,

Judge Hoffman threw me the following judicial bouquet:

“For the accused I feel a deep regret, especially for one of them who

appears to have been animated more by a zeal for the cause which he has

unhappily espoused than by the sordid and unworthy motive of enriching

himself by the plunder of his fellow-citizens. It is to be regretted

that the courage and willingness to sacrifice himself for the benefit

of his associates, a slight glimpse of which has been revealed by the

evidence, have been wasted on an enterprise which is indefensible in

morals as it is criminal in law.”

It took the jury just four minutes to bring in a verdict of guilty of

high treason.

A few days later we were brought into court and sentenced each to ten

years’ imprisonment and to pay a fine of $10,000. The county jail was

named as the place of our confinement until the Government of the

United States directed our imprisonment elsewhere.

As for Law and Libby, they were secretly placed on board a ship bound

for China by the United States authorities, and were never heard of

afterward, though I took some pains to learn their fate.

So ended the famous story of the so-called “Chapman piracy.” I have

given the details at some length because, while in itself rather

trivial, it has been made to cut quite a figure in history. The facts

have been so outrageously distorted that I thought it best for some one

having full personal knowledge of every detail to tell the truth.

Libby’s first name was Lorenzo. People often ask, “What’s in a name?”

Perhaps nothing; but I think otherwise. Lorenzo Libby helped to land

me in prison. Lorenzo Smith did me up in a business deal, and I have

unpleasant recollections of Lorenzo Sawyer, once on the Federal bench

of San Francisco. I never see a man christened “Lorenzo” without an

impression that he will bear a heap of watching.

The great diamond hoax · 第 11 / 38 章