know of my own knowledge, but I have heard general Arnold say he did, and I have also heard Mr. Seagrove say he did.
“Q. Was it previous or subsequent to general Arnold’s granting the pass?
“A. It was subsequent.”
Here is a complete admission of all the facts, but the defense consisted in laboriously showing, by means of quite leading questions addressed to Franks, that the owners of “The Charming Nancy” were indeed good Americans, though residing and doing business in enemy territory. Franks was rather useful in this part of the business, and the court, overlooking the other elements, simply found that the permission which Arnold gave to “The Charming Nancy” was illegal. The fact that a major general of the United States Army speculated in the cargo of the ship which had come into port in violation of law and on his military permission, was not considered at all. Neither was the fact, stated in the charge, that he gave his permission while he was in camp with General Washington at Valley Forge, whom he did not consult in any way.