[Footnote 34: Pearson et al. _v_. Parson et al., United States Circuit
Court, Eastern District of Louisiana; also H.R., Doc. 568, 57 Cong., 1
Sess., p. 20.]

The affidavit of R.J. Tourres showed that he had served on the ship
_Milwaukee_. He averred that the ship's articles were signed by him
before the vice-consul of the British Government; that he was finally
referred to an officer of the English army for duty and acted under his
orders during the voyage from New Orleans to Cape Town; that when the
vessel was not allowed to land its cargo at that place on account of the
plague the consignment of horses and mules for the British army was
delivered at Durban to English officers in uniform; that he was not
allowed to go ashore except upon the condition of signing with the
recruiting officer and joining the British army; that during the entire
voyage a British military officer in uniform controlled the ship's crew;
and that among the men the _Milwaukee_ was known as a transport under
the direct command of regularly detailed officers of the English
army.[35]

[Footnote 35: Sworn to before notary public Mch. 21, 1902. H.R., Doc.
568, 57 Cong., 1 Sess., p. 21.]

The testimony of a number of other witnesses sworn before the
commissioner for the eastern district of Louisiana showed that the wages
of the men employed upon the ship _Montcalm_ had been refused by the
captain unless they would agree to enlist in the British army, but as
American citizens they had refused to enlist and had demanded the wages
due them under the ship's articles. August Nozeret, an American citizen,
foreman of a corps of muleteers on board the _Montcalm_, testified that
he was told by the ship's officers that the only way to secure his