766 Sheet – American State Trials 1918 Volume X Leo Frank Document

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134 XY. AMERICAN STATE TRIALS

I think, from what I see of the Mexican's track, that she was a dull sailer, and there would be a difference of about one-third between her and a Baltimore clipper in smooth water. The meeting of the Panda and Mexican, with one sailing on the 20th from Havana and the other from Salem on the 29th, would be very improbable, but not impossible. I should think the Panda would be at the Cape de Verde by the 20th of September. To pass through the Bahama Channel and reach 30° N would occupy, in my opinion, about five days.

**Cross-examined:** My opinion that the vessels would not meet is based on the supposition that neither would encounter any accident or hindrance.

Samuel Austin Turner: I have been a midshipman in the United States Navy for six years. I have made voyages to the East Indies. I know the Mexican. I would think, in a royal breeze, she would run six knots, while a clipper would sail one-third faster. In a fresh, fair wind, the difference would be smaller—perhaps none at all. I don't think the brig would ever have the advantage over the clipper. I have never sailed in a clipper nor through the Bahama Channel. I do not think the Mexican and Panda would meet, with one sailing on the 20th and the other on the 29th of August. I am of the opinion they would be one hundred miles apart.

**Cross-examined:** My opinion is predicated on the belief that both vessels made the best of their way.

W. S. Bruce: I am somewhat acquainted with Bernardo de Soto. I have resided several years in Havana, and my knowledge of the prisoner commenced in the fall of '31. De Soto was then captain of the Spanish brig Leon, traveling from Philadelphia to Havana. During one of his voyages from Philadelphia to the latter place, he saved and brought in the crew and passengers of the American ship Minerva, which had caught fire. The passengers were thirty or forty in number (chiefly Irish) going to New Orleans or Mobile. De Soto's conduct was very highly spoken of at the time in Havana, and he was presented with a piece of plate by the merchants of New Orleans. I don't know that anyone has asked him (de Soto) to become a witness against the rest of the prisoners. The District Attorney did not request me to go to him. He did not intimate to me his wish or willingness that de Soto should be a witness. I should not have conjectured anything of the kind from the District Attorney's conversation. I formed my opinion of the District Attorney's wishes from what was told to me by a third person. That person was Charles W. Story, who told de Soto that he had better become a witness.

Mr. Dunlap: Had you ever conversed with me before you saw de Soto? Yes, both before and afterwards. Recollect yourself. You did not say anything particular the first time. Did you ever converse with me more than once? No. Did you not, upon that occasion, state to me what had passed between yourself and de Soto? Yes. Then, of course, sir, you never conversed with me before you saw de Soto.

Mr. Bruce: As to persons engaged in the slave trade, being...

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