The New York Herald Newspaper, November 29, 1842, Page 1

THE NEW YORK HERALD. Vol. VIII.—No. 320 --- Whole Ho. 3181, NEW YORK, TUESDAY MORNING, NOVEMBER 29, 1842. THE NEW YORK HERALD—daily newspaper—pub- lished every day of the year except New Year's day and Fourth of July. Price 2 cents per copy—or $7 26 per an- num—postages paid—cash in advance. THE WEEKLY HERALD —published every Saturday morning—price 6} cents per copy, or $3 12 per annum— postages paid—cash in advance. ADVERTISERS are informed that the circulation of the Herald is over THIRTY THOUSAND, and increasixg fast. Ithas thelorgest circulation of any paper in this city, or the world, and is therefore, the best channel for business ‘men inthe city or country. Prices moderate—cash in ad- vance. NEW YORK LANCET, published weekly, price 12} cents per single copy—Scents by the quantity. The price of this valuable periodical has hitherto been too cheap, in comparison to its utility, intelligence, and workmanship. It has, therefore, been advanced to $5 per annum for one year—$3 for a half year—or 12} cents per single copy—cash in advance, and postages paid. REVOLUTIONARY RELICS, or Lerrens addressed by distinguished men to George Clinton, formerly Go- vernor of New York, during the revelution, and first pub. lished by permission of his grandson, Col. Beekman. A beautiful octavo edition in mumbers—price 12} cents each. THE ATHENEUM, 4 New Montuty Jounnat oF American anv Foreion Literature, Science, anv THE Fine Ants—Kach number adorned with a beautiful en graving—price only 124 cents each. PRINTING ofall kinds, executed at the most moderate prices, and in the most elegant style. * JAMES GORDON BENNETT, Paoraiztor or tHe Herarp Estapisument, Northwest corner of Fulton and Nassau streets. To Advertisers, For the infermation of business men and of the public generally, and as a guide in the selection of the best ehannel for advertising, we place before our readers the following facts :— New Yorx Heratp } Orrice, Nov. 1, 1842. Mesons. Pensse & Brooxs: GENTLEMEN :— Please to deliver at the Herald Office, New York 750 regms per week of the small sized paper 23>432— for the Daily Herald. Also 60 reams per week of the large sized 39 446 for the Weekly Herald,for one year from this date, to be of quali- ty equal to this speciimen— ments to be made each Sux Orrice, N. ¥., } ‘Aug. 29, 1942 Mr. H.V. Burter :— Sin Please deliver at the Sun Olfice, N. Y., five fended reams of paper per week, for tie'montite rons the 13th of October, 1842, to be of this ize and weight, the cash every two weeks. M. ¥. BEACH. I accept the above order, and agree to furnish the pa- week in cash, in fullfor that per accordingly. week. HV. BUTLER. JAMES G. BENNETT. Aug. 31, 1842. ‘We accept the above or- Witness, M. 8. Beacn derand will deliver it as di- rected. PERSSE & BROOKS, No.6 Liberty street. " Jars Rowe, Samurn Bestar, By these documents it will be perceived that the cireu lation of the New Yoru Hamaco, is nearly double that of the New Yor« Sun, and that it is, consequently, so much the more an cligible channel for all kinds of advertising and business notices. Not a further word is necessary to satsfy the public. JAMES G. BENNETT f Witnesses. Father Miller’s Great Camp Mecting Is now published in a splendid EXTRA HERALD, in the quarto form, being a full account of each day’s proceedings, for ten days, of the Second Ad vent believers, in Newark, includmg their sermons, songs, prayers, &c., together with the sayings of the Rev. Mr. Brownlee against them’; illustrated with three beautiful engravings, a portrait of the Prophet, and sevoral scenes on the camp ground. Price 6} cents per copy—or 4 cuenta wholesale. Newaboys loot out. un Jreckure ipeokia’ Rican nptare'in'a new, racy and original shape, far euperior to all the flimsy fictions ofBoz. It is fact, more wonderful than fancy. Bir coulis Decent tee beare oak tomas will be 3 fe y tne cad hom Hat come aS Sm OE oes RE York. ""Meveilen % ov Is HV TNOMPYON Cap sytvester, Bee Feb FOURIER, Capt Dayan, fan 1. Mar! Ri tie saciid Fei Ae Capt Adame, ari. May ¥ ‘ANUS, Cap Haile, ‘f bY a i. jun 1 y are all conperea and copper fastened and have excellent modations for passengers. Site ‘orice of cabin passage will be $100, exclusive of wines “"Godis uddressed to BOYD & HINCKEN, thea gente, will Lo apse regen yams hi barge those actually paix or pamnge 2PP'7 @. BROOM & CO., orto our BOYD & HINCKEN, Agents. W.LINE \ shi CK, Captain Win. Stidiy, 25th Octobe ROREIGE Sarat Collins, 25th November. ww SIDDONS: Cantain EB. Cobb, 2ath December. SHERIDAN, Captain F, A. Depeyster, 25th January. nom Livenroen. ; sippe re in E. AG mothe October. tain F. Ay Sivb GAC, Captain Win. Sk Ly F LIVERPOOL PACKETS. ‘on the 25th and Live: on the 13th each month. epeyater, 13th Novem’r. , ‘dy, 13h December. ROSCIUS, Cyiain Joh Coline, ith Jannary are pw ae tithe city of New York, with: such itnprovements as combine ed comfort ith for Every care Recs Taken in the arrangement, of thelr sceommodsions, ‘of passage heuice is $100, for whi "it are il of the fi ce ch ample stores ® biprovided. "These. ahi p led by experienced Matera, who will make every exertion to give ge! satis{ne- "either - captains or owners of the ships will be responsi- Bi ps parcels or packages sent by them, unless re- i Cy HE COTTRG BEOT saat Nom Yoko ra by the packets will be charged 12% cents per single 5A cents per ounce, and newspapers I centeach. ol TISH AND NORTH AMERICAN ROYAL MAIL ‘Of 1200,tons and 440 horse power each. Under contrset with the Lords of the Adiniralty. BRITANNIA, — J. Hewitt, Commander. ALEDONCA ch gs do cmp 0 ler, KN do FROM BOSTON. ‘Nov 1” Ber, 6 lec 1 baad * an ney—Krom Boston to {Liverpool, $13>—Boston ‘entry experienced surgeons. No Berths secured and Specie sonal pekipped the Td tala tions. Apply to by A No.3 Wallast. IFAX AND LIVERPOO! jail tyri Sra ncn aela, Arte. Apoly| D. BRIGHAM, Jr. nt, 3 3 Wall street. MiNa4 D MINTER, ARRANG i Mifare aod ‘port at 10 o'clock, Friday. ‘idjerning. Igare the foot of ‘Roba ‘nesday, tarda) noon, touching at Se ais gach way. r in con meee n* Mii Vateegs wc the takes omnes oa ‘ATEN ISLAND FERRY. Foot of Whitehall street. TATEN 18) ‘ORK. 8 N ISLAND. i } f i ; a Oy} ired to be marked, sci intr of de owners herent. uSMAAY oon NEWARK A! NEW Yor K.—Fare Only 123 cents —The splendid Serene PABBAIC. Cane Joke Game, Bemgcomply and cleguutly refitted, commenced her rege: ot tripe {& season on Thareday, blarch lo—teaving as fe) "og of y at. New York, at 1034 o'clock, A.M., ated da o'el P. Court Martial held at Tappan, during the Revolutionary War, for the Trial of Joshua H. Smith, supposed to have been connected with Andre and Arnold. ‘Tarran, September 30th, 1780. Mr. Lawrence, Judge Advocate General to the Army, attended the General Court Martial, Colonel H. Jackson beiug President, and laid before the Court several charges agains: Joshua H. Smith, Esquire, au inhabitant of the state of New York—(the paper containing them is an- nexed)—he also produced to them the resolutions of Con- gress, dated August 2ist, 1776, and February 27th, 1778, re- specting the trial of inhabitants, and desired their opinion whether they had a competent jurisdiction to try Mr. Smith for these charges. The Court taking the matter into consideration, and considering the charges, and the resolutions of @ongress, are of opinion that they have ju- risdiction under the resolution of Congress of February a7th, totry Mr, Smith for the fourth and last charge, and as to the tliree first charges they are of opinion that they have not jurisdiction. Mr. Lawrence, Judge Advocate General, was sworn, and the Court proceeded to try Joshua H. Smith, Esquire, 4a inhabitant of the State of New York,for the fourtn and last charge, contained in the paper before mentioned. ‘The names of the officers of the Court were read to Mr. Smith. ‘They are as follow :— Coronen H. Jackson, President. Lieut. Col. Hait, Major Ball, Capt. Jacob Wright, Captain Daniels, Captain Drew, Captain J. A. Wright, Captain Fry, Captain Marskall, Captain Sandford, Captain Chase, Captain Fowle, tain Tiffany. Ca JOHN LAWRENCE, we Gen’. The Judge Advocate General (prosecuting in the name of the United States of America,) then exhibited te fourth and last charge, contained in the paper before meu- tioned against the said Joshua H. Smith, Esq., which charge is as follows :— For aiding and assisting Benedict Arnold, late Major General in our service, in a combination with the enemy, to take, kill and seize such of the loyal citizens or soldiers ofthe United States, as were in garrison at West Point and its dependencies, ‘fe this charge Mr. Smith pleaded not guilty. In support 01 the prosecution, Mr. Samux. Canoon was produced and sworn, Question to Mr. Samuel Cahoon.— id you go on board the Vuiture, sloop-ol-war, belouging to the enemy, the night ofthe ,twenty-first of September instant, with /Mr. Smith ? Ans.—Yes. Mr. Smith had been up at Fishkill, as he told me, and came down in the evening, and told’ me he wanted to speak a word with me, and | went with him up in his room, and he asked me to go with him that night a piece, he said, down the river, 1 told him | had no mind to go, and did not want to go; he did not urge me hard to go. ‘Phen he said he must send me up express to General Arnold, and we should go over tothe other house ; but, upon my telling him I had no mind to go, he seemed to urge my going, and said it was great business. 1 tnought it was best to go, and agreed to go. We went over to his brother’s, where I consented to go to General Arnolu’s, and was furnished by Mr. Smith with a hoise, und a paper to Major Keirce, and went off. I went on as tust as I could, and got to General Arnold’s just before sunrise, the Gene- ral was not up, aud I delivered the letter trom Mr. Smith to General Arnold, to a gentleman there ; and 1 was in- formed by the General, there was no occasion for an an- swer; and! was told by him might go on as quick as I could. Treturned back, and somutimein the afternoon General Arnold passed me, and rede towards Mr. Joshua H, Smith’s house—(Mr. Smith, the prisoner, acknowledg- ed that General Arnold arrived at his house that after- noon)—Near sun-down, Mr. Smith spoke to me as was going for the cows, and told me to come up, as the Gene- ral wanted to speak with me. 1 went up with Mr. Smith in the room where General Arnold was, who asked me to go with him a piece that night; said’ I could not go, being up the night before, and told him I was afraid to go; but General Arnold urged me to go, and told me if I was a friend to my country { should do my best; and at last asked the General where he wanted me to go, and the General and Mr. Smith said on board of the ship in the river, and that there was a man there the General wanted tosee very much. Upon my saying what was the reason he could not stay tillthe morning, General Arnold said it must be doxe thut night; and upon my saying I coul.! not go alone, Mr. Smith desired me to go and fetch my brother, i went, and my wife being disatistied with my going, I went back to General Arnold, and told him I did not want to go, and told him there were guard-boats out; he said there was no danger of them, and said if I did not go, he would look upon me as a disatfected man. I then went and fetched my brother; and when we came back we stood out a great while before we consented to go; but at last we did, ond there being a boat in the creek, myself, Mr. Smith and my brother went to the boat, and rowed downto the ship. During my conversation with General Arnold and Mr. Smith, Mr. Smith was in and out of the Toom, and} do not recollect any particular conversation passing between Mr. Smith and General Arnold separate, No other conversation passed between Mr. Smith and my- eat aa, the wer. down san Tree Hlect, but Mr. Smith teli- not, to ing. t= the powyla am ts “ vowel, which wis Gunerul Arnold's Charge likewne: We were ‘hailed by the vessel, and Mr. Smith answered, friends, and said we were trom King’s Ferry, and bound to Ferry; and we were ordered alongside immedi- ately, When we came alongside of the ship Mr. Smith wenton board, and stayed, I think, not longer on board than a quarter of an hour, and returned on board the boat witha man. We set off from the vessel, and rowed on shore, and we landed at the Long Cove, a liule below Haverstraw, about a half a mile below the dock, and about six miles from Stoney Point. { heard no conversation between Mr. Smith and this person on the way ashore. I sat in the bow of the boat, and they in the stern, and I think ifthere had been any | could have heard it. When we came on shore'l heard the noise of a man at @ bank above, and Mr. Smith went up, and returned im- mediately ; and the person we brought on shore went up, and Mr. Smith staid with us, and asked my brother an myself if we would go on board the vessel again that night. [told him I was fatigued, being up the night be- fore, and could not go. All this time the other person was not present, ond 1 donot know where he was, but suppose he was up against the bank, as he went that wi Smith said if we could not go we must do as we best, and would leave it to us, but made us no offer turn on board the vessel that night. Mr. Samuex Canoon further says :—Mr. Smith, himself, and brother then went up in the boat to Haverstraw Creek, and Mr. Smith staid oa the shore with them, from their first landing, except when he went tewards the bank and returned, as he has mentioned, until he went in the boat with them to Haverstraw Greek, and from thence he went with Mr. Smith to his house were he lived, but did not see the person there that he brought ou shore from the vessel, toknow him. The person they brought on shore had a dark colored coat on, but whether black or blue, he does not know, as he did not take notice of it. It wasa week last Thursday night, when he was on board the vessel with Mr. Smith. He never carried Mr. Smith on board the vessel Spe nd had he been on board before with him, and did not see General Arnold at Mr. Smith’s house when he returned that night. He also mentions he had no conversation with Mr. Smith about carrying the man they landed on board again, except the conversation that took place on the shore, as he has mentioned ; and he says he received no reward or promise from Mr. Smith for bringing this person on shore ; but mentions that General Arnold had promised him fifty weight of flour, whieh was before he went on board with Mr. Smith, He also says General Arnold ordered them, when they went down in the boat, to take a sheep skin with them te put around their oars, and he put one around his. __Q by SmrtH—Don't you reeollect my telling you in go- ing down to the Creek, my intention in going was for the service of the country 7? A--You did Atell meso. | |. by Do.— Bi neral Arnold persuade you a great deal to oan did I appear anxious for your para 1 A.—He did. You did not appear anxious. Q. by Do.—Whose business did you suppose it to be? A.—General Arnold’s and yours ; but [ did not know it was. I was urged very hard to go by the Gene- ought to re. Q. by the Courr—Did Mr. Smith or General Arnold tell ck not to tell-your brother what was wanted of him until e arrived at your house ? A.—Mr. Smith did. Q. by Do.—When you returned, did Mr. Smith tell yon not to mention to any'body that you had been on board the vessel A.—Not that I recollect. & by Do Did you object to going on board at first be- berry A thought it was wrong, or becanse you were A.—It was because I was tired, and I thought it wrong, also, to go in the night et that time of night. Josxr Canoon was next produced on the part of the Heegires and sworn —Question to him the same as the rst to Samuel Cahoon. A.—Mr. Smith, last Thursday night week, sent word to me to come to over his house,and he wanted to speak to me. I went. When I camethere he met me at the door, and satdewn on the bench with me, and on asking him what was his desire, he said he wanted me to go with him that night. On asking Mr. Smith, where he wanted to go, he |, alittle way down the river. On asking him how far and where, he said, | think, on board of the man of war, or ship—Iam not certain which—as a flag on busi- ness of General Arnold. I told him 1 was sorry I was wanted for that purpose, and said upon any other thin was willing to serve him or the Gene Mr. Smith asked me why, and said there was no hurt in going, as it Pred peep business. On asking him whether hedia no’ by the water guard, (mean. r gui to go, and the countersign ; athe countersign was Congress, which, when he c up he must give, and so pass. Mr. Smith mad to me, and said, Have you not always heard that friend to the country, and did that which was ulwa: for the country ? ‘I told hi he was ; ‘upon which lesked hie aves thought sent down’ in the day timer as nT He id because it was to be kept privats nos (oe ne He and common men ; the officers, hi it, and ‘said there was a man on board thut the wanted tc speak to, and that he must be on shore and ca, ed on ‘board again. I then told him T dno ye to go. He there was no hurt in going, at all, and said if any thing should come against me) he would defend me, and clear me from all. I told hirn he could not clear me if there was any bad in it, and Mr. Smith afterwards got up and went into the General Arnold ; jeneral Arnold came bi Bag Mr. Smith went in, and said upon his coming out, [need not be afraid (ogo with Mr. Smith, and said it must be done for the good of the country ; and said it was not done Note —Ail the papers and ducnments referred to in this trialare vablished tn's pamputet ft the desk ‘of the Herald, Omheer corer” Nene aey Palen street, copied verbatim fr i posal cy — uw” original papers found on the te,° MAP OF THE PLACES NMOL AYYVILES MIIYL Jaany, in} private, for the officers at the Ferry knew it, the Captain of the Water Guard also, and had the (counter- sign, and it was nota searet to any persons but the inhabi- tants aud common men; I thought at first it was not good, but thought otherwise upon the General’s mentioning that it was known as I have mentioned. ‘The General | also said Major Kierse had agreed te send hit up a boat to | the creek at Colonel Hay’s landing place,but had not done it, and hedid mot know the reason; upon which Mr. Smith asked me if | would take his horse and ride down | to the ferry, to see whether the boat was come. | said no, | he might send his negro ; he ordered the negro to get the | horse, and the negro went off. While the negro was gone, myself and my brother, concluded not to go; but th were afraid to tell the General of it, und did not go tohim, and the time passed away watil the negro came. When he came, | asked him what news conce:ning the boat, and he said he did not know, and he brought a letter from Major Kierce to the General, upon which I told my | brother | would go up and tell the Genera L had no, mind to go; and as 1 was going up| met Mr. Smith inthe entry, aud he told me the General wanted to speak with me; and he passed out to the stoop, and | went into the room to the General, who was situng by a table with pa- | per, and on his speaking to me, | acquainted him I had no | mind to go, a8 it was lute, and said 1 would rather go in the morning. General Arnold said he must go to Head | Quarters by ten o'clock ia the morning, and if 1 would | not assist when | was required for the good of my country and Congress, he would put me under guard immediately. Upon which Mr. Smith camein and Lwent out, and just stter this Mr. Suilth came out fo the stoop, asked my bro- tnerand myself if we would have a dram, and gave us each one, and afterwards the General came out, aud Mr. Smith and myself and brother were there together. The General and Mr. Smith talked together, but what they | said Ido notknow ; they were withdrawn from us; the distance | cannot estimate, but it such a distance as | could not hear what they said, as they talked low to- gether ; they were no tume of auy value together ; may be two minutes, may be more or less. My brother, Mr. | Smith,and myself, went down to the landing, about a half | a mile below King’s Ferry, and passed off in the boat, und I think it was pretty weil near m ight when we got cit. Mr. Smith had on a whitish coat, a preity largu one, | which I think Ihave seen him wear before. Mr. Smith told us on the way, that when we came on board the ves: | sel, we had nothing to do but to stay on board the long | boat, and when asked questions to say nothing at ail. | When we came to the vessel they hailed us, and Mr, | Smith answered “hallo,” or some such a word, but 1} think it was not the word Friend ; aad upon being asked where we were from, Mr. Sinith anewer fram King’s Ferry ,and were bound to Dobbs’s Ferry, and they ordered ustocome on board immediately. When we got along side of the ship, Mr. Smith went on board and staid a little time, but | cannot say the exact time ; it might be a quarter of an hour or a Jittle longer, but the exact time | cannot say ; | wasasked several questions by men who came on board the boat, such as where we were from, | and going to, and what man he was who came on board, | but [ would not answer them, and told them te ask the person who went on board ; and at orders came for every man, who wason board the beat belonging to the ship, to come out immediately. Mr. Smith after a little time came on board the boat, aud another man came with him,who had a dark colored coat en, which | looked upon to be a watch cout. I thought it was,a watch coat, because it covered the whole of his clothing ; then we rowed on shore, at a place called the Long Clove, about six miles from Stoney Point, where we landed ; and Mr. Smith went up towards the bank, a little way from the water. [heard Me. Smith and the person in the boat talk a little on the way ashore, but how much [ cannot say, and I did not understand what they said. 1 did not see any man by the bank; Mr. Smith staid a little while there, came back, and the other man went up, who I did not When Mr. Smith returned, he staid with with ay brother and myself inthe boat to @ place cali Crom’s Island in Haverstraw Creek. When we landed, I carga out and got down under a bush, and was drowsy, and had no conversation with Mr. Smith, about returnin, to the vessel that night;neither had any! conversation with Mr. Smith, about returning to the vessel with that man afterwards, and I declare | have not seen Mr. Smith from thattime until this day. General Arnold promised me fifty weight of flour for going on board the vessel, but 1 never saw it; Mr. Smith did not promise me anything (or it. Mr. Smith after his return did not desire me to keep it a se- cret. Upon the Boat coming along side the vessel the tide was flood, and we allthree were upon our legs, keep- ing the boat from the side of the®vessel, and one on board said come on board, upon which Mr. Smith went. I did not hear Mr. Smith enquire for any person upon his going on board, but lost sight of him immediately, as he was up- on deck. After we got out from the ship, Mr. Smith ‘told us to row ashore to Long Clove. Mr. Smith steered the boat himself. The time we arrived at the Long Clove I do not know ; but it was about day-break when we got to Crom’s Island, and when we got to Mr. Smith’s house it was after day light. We were not hailed on our way down, but by the ship; neither were we on our way re- turning. en we came to Mr. Smith’s house, after our return from the ship, to the best of my knowledge | saw General Arnold, come out of Mr. Smith’s house, and go into the necessary house. He walked lame and had on a blue coat and white breeches 1 am sure he was the same man who I saw before | went on board the vessel, who was called General Arnold, as well as 1 can judge from ko knowledge of men. Mr. Smi avi me a sheepskin, when I left his house, and I ied it down to the boat and he and myself muffled my oar with it, and my broth.r muffle the other, and after we returned to Crom’s Island, Mr. Smith told us to take the sheepskin off from the oars, and throw the oars upon the grass, one of the sheepskins was taken off. ‘The Court postponed further proccedings of Mr Smith’s trial until to-morrow, and adjourned until that time, ten o'clock A. M, Srconp Dar, Ovr. Ist. ‘The Court met pbs to adjournment. Mr. Smith being unwell and having declared he had no sustenance this morning, he requested the Court not to resume his trial immediately, but to adjourn for a short time, which the Court did until 19 o’clock this day. 12 0’ Croce. The Court mut cccording to adjournment. Mr. Smith being indisposed with an ague, and having declared he wanincapable to attend his trial thisday,on account of it, he desired the Court not to resume it ; until to-morrow, which the Court did, til to-morrow nine o'clock A. M, Mt to postpone it and adjourned un- Turap Day, Oct. 2d. ~ The Court met according to adjournment and resumed the trial of Mr, Smith. Colonel James Livincston wos produced on the part of the prosecution and sworn. Q.—Do you know of there being an intimacy between Mr. Smith and Benedict late General Arnold ? posed there was from the passes he had from ‘al Arnold. Mr. Sinith was at my quartei three times, within a fortnight and three weel previous to General Arnold’s going oft to the enemy. stay was very shoit, and he produced me a pass from Ge- nerai Arnold to pass by the guards at all times ; he also had an order from General Arnold for a light boat, on the quarter master, at King’s Ferry, and General Arnold re- quested me to see that the Quarter-master furnished him with a light boat, ifthere was one to be had. Mr. Smith then informed me, that he was upon a plan in conjunction with General Arnold to gain intelligence of the utmost importance, and that he expected to meet a gentleman for that purpose near Dobb’s Ferry, but did not mention the time when he expected to meet him. He then agreed with the Lieutenantof my guard boats to have a wateh- word, so that the Lieutenant might let him pass at any time by day or night by the boats, without his being de- tained. I neither nor saw any thing of Mr, Smith until last whiten er ht week just after dark. He stopped | at my marquee for a few minutes. [asked him where he | was going. He said up towards Generel Arnold’s or that ror and 1 gave him one letter to be delivered to —e Arnold, and another to Governor Clinton, as he had in- formed’ me it was likely he would go that ‘route. I then urged him to stay awhile and take supper ora drink ot Grom. Hethen informed me that there was entleman waiting for him, who had just rode on, and was in « hurty oo oft, and informed me his business was very w f and I did not insist on his staying any longer. He rode off and I did not see the person, who was with it being dark and he having rode forward. Q—Do you know of Mr. Smith having made use of the guard boat or watchword ? A.—1 do not know. | war, CAPTUR# OF ANDRE. ral Arnold to mentioned that he was employed by G get intelligence | A.—Mr. Smith never was more than two or threo times and men- you not de. Q.—When Mr. Smith was at your quarte tioned that there was a person with him, did im to request the person to walk in ? A,—I did, and he ink me the gentleman had rode on slowly, and he was in a hurry to go after him. Coronet Hannison was next produced on the part of the prosecution and sworn. Q.—Please to relate what you know respecting Mr. Smith being on board the Vulture sloop-of-war belonging to the enemy, and bringing a person on shore from that vessel. Mr. Smitu objected to Colonel Harrison, and also to Lieutenant Colonel Hamilton, being admitted to give evi- dence respecting any confession that he might have made in their presence. The Court being cleared and having | cgnsidered the matter, they were of opinion that they should be admitted to give evidence respecting Mr. Smith’s confession iu this cas Conones liauaisox, in auswer to the above request—I was at Robinson’s house on Tuesday or Wednesday last, to the best of my recollection, and was requested by one of the gentlemen of his excellency’s family, or some officer who was there, to go into a room to hzar the examination of Mr. Joshu er, Who I understood had been apprehended the preceeding night, and brought the by Colonel Govion, i consequence of orders from General ‘ashingtou, When I went into the room I found the General, the Marquis de la Fayette, Geoeral Knox, Colo- nel Hamilton and Mr. Smith. In a little time after, to the best of my recollection, the General mentioned to Mr. Smith, that he must be apprised of what had happened,and told him that he thought, or advised him, I don’t recollect which, that he had bette: e a candid confession of all he knew with respect to ‘he matters that had been carry- ing onl think by General Arnold, and added again that it might be better for him to act with openn: nd candor, Mr. Smith upon this made the most solemn protestations of his innocince, and of his ignorance that General Arnold had been carrying on any matters injurious to the States; professed himself to be a Warm friend, and that his person and property, or his purse, I don’t recollect which, had been di ed to their service. Mr. Smith continued to re peat his innocence of the matters then under consideration —and to the best of my recollection, made au appeal to the Almighty, who he said could witness the integrity of his heart. After having made these asseverations, the Gene- ral observed to \.r. Smith that he was in possession of facts and evidence that would place his conduc’ in avery | different point of view with respect to the matter in ques | tion, Tull this period Mr. Smith appeared to me to sup: | port himself with firmness and consistency. He then pro- ceeded to tell theGeneral that he would reiate all he knew, and on being asked to inform whether an officer or the | Adjutant Genaral of the British Army, {don’t recollect | which, under the assumed name of John Anderson bad not been brought on shore by him from the Vulture ship-of he said that he had. Mr. Smith said he had been prevailed on, on the night of the preceeding Thursday to go on board that vessel by General Arnold, to carry a let- ter or a message, I don’t remember which, to Coiorel Be- verly Robinson, and whom he expected to bring with him when he came back in the first instance, for the purpose ofan interview with General Arnold for intelligence or on business, I don’t recollect precisely the expression, of importance to the States. ‘That as soon as he was on board of the vessel, it was concluded that an officer who Mr. Smith said he only knew by the name of John Anderson, should return with him instead of Robinsen. That the in- terview took place at the shore between Arnold and this officer. ‘That Arnold and the person or oflicer who he had brought on shore, were at his house afterwards—the same night that he furnished this person, under the as- sumed name of Joha Anderson, with a coat to disguise himself, and that he had taken the uniform coat which he, John Anderson, had on before, and retamed it. That he, Mr. Smith, crossed the ferry at Stoney Point on Friday evening, in order to conduct Mr. Anderson to the White Plains on his way to New York, and was stopped, I think he said, to the best of my recollection, that night at C: pond ornearit. Mr. Smich, in the course of th tion, invariably declared that his object was to obtain in- telligence for us, and assigned upon its being observed by the General, or some gentleman who was present, that the mode he had adopted appeared illy calcutated for that end, as he was to procure it on board one of the enemy’s shipy of-war, that he thought it probable Colonel Robinson might be disposed to give such as would be beneficial to usor serviceable, from a wish to have some favor, or, I think, countenance shown with respect to his which was in our hands—it was observed to Mr. that supposing it possible to conceive, that he was really serious in the matter with respect to Robinson, that these motives could not existin the case of Mr. Anderson who had no property amongst us. Mr. Smith appeared much em! ed,and answered that he could only say that An- deron was sent on shore instead of Robinson. As it ap- peared mysterious to the gentlemen who attended the ex- amination why this officer under the name of John Ander- son was not returned on board of the ship after finishing his business, by Mr. Smith, some of the com duced to ask the reasons. Mr. Smith repli because he, meaning himself, had the fever and a } bad th » could not goon board, though he had confes- ittle before, that he meant to proceed with him the White Plains by land, or somewhere the county in the vicinity of that place. ‘The Mr. Smith, as well as I recollect in examination of ded here, and he was remanded under guard. Ina little time after it was observed by some of the gentlemen that it would be essential to gain possession of this uni- form coat I have mentioned, when I was requested by the General to pursue such measures, for the purpose, as ap- peared to me necessary. I had previously understood that Captain Cearns, of Lee’s Light Horse, was at Mr. ‘Thomas Smith’s, brother of Mr. Joshua Smith, and [ meant to write him an order to get the coat, in consequence of the request from the General. I wished from motives of po- licy as well as humanity to make as little noise about the matter as the case would admit, and applied to Mr. Joshua Smith, the prisoner, to know whether he himself would notgive an order that Captain Cearns might get the coat. Mr. Smith accordingly wrote a letter addressed to his brother Thomas Smith, to deliver to Captain Cearns, of Lee’s Light Horse, a uniform or regimental coat, I don’t recollect which, which be would find up stairs in the drawers, at his, meaning Joshua Smith’s house, and which coat I understood was the uniform coat which the person under the name of Anderson, had lft with Mr. Smith. Mr. Smith delivered the letterto me, which I transmitted to Captain Cearns. ‘The matter ended here, and Thad no conversation with Mr. Smith afterwards Mr. Smith did not acknowledge the officer who came on shore with him from the Vulture, under any other name that I recollect, than that of Anderson. Q—Did Mr. Smith mention that this person under the name of John An lerson, ani General Arnold, were at his house the Thursday night after he had brought him on shore from the Vulture ? A.—To the best of my knowledge he did, but whether he did mention it explicitly | will not undertake positively to say, but from the whole tenor of Mr, Smith's confession, Uhad ‘not adoubt but the person under the character of John Anderson, and General Arnold were a his house. Q. by Count.—Did Mr. Smith mention that he lodged with the person under the name of John Anderson at Crompond ? A.—I don’t recollect that he mentioned that he lodged there. I think, to the best of my knowledge, that Mr. Smith mentioned that when they were stopped at Crom. pond, or when they stopped, I can’t peney charge my memory with the expressions, they were told, that if they as proceeded they would run the rieqae of being. taken w there were parties of militia below, or of Cow Boys, which Tunderstood were parties;from the enemy, who would be equally dangerous, as it was in the night. Q—Did Mr. Smith mention how long Gereral Arnold and this perton, under the name of John Anderson, con- tinued at his house 7 A—I don’t recollect the time of their being together there was mentioned. Q—You are positive that Mr. Smith mentioned that this person under the name of John Anderson, and General Arnold, had an interview at his house? am positive Mr. Smith said they had an interview landing, and {rom the whole tenor of Smith's con- festion, I had not a doubt in my mind, at the time, but that they were at his house; but J em not certain ‘that Mr. Smith explicitly declared they were, thongh 1 verily be. lieve he mentioned it. Q.—Did Mr. Smith inform you before the time you have Q. by Mr. @airn.—After the time you say you thought quarters, and mentioned it the different times he was | | ledged the officers of the shi) CONNECTED WITH THE TREASON OF ARNOLD AND THE | MLL SY, 774 | me firm, and previous to my proceeding in this conf | did not His Excellency desire me to give an account of | my conduct for the last ten days past, and whether I did eral Arnold was gone off 7 ollect that you, whether by request of the Ge- | neral, or of your own accord, undertook to give an account | of yourconduct for some days preceding. It is possible, | and even probable, that the General might have asked such a question respecting General Arnold, but I don’t re- collect it precisely. Q. by Do,—Did not General Washington first mention that this man I brought on shore was the Adjutant of the British army? A believe that General Washington when he asked you, if you had not brought a person from on board the Vulture, called him an otticer, or the Adjutant General of the British army. Q. by Do.—From this account I gave did I not say that General Arnold assured me that Robinson was tu give in- telligence? | A.—You mentioned, that in the first instance you ex- pected that Colonel Robinson was te eome on shore trom | the Vulture with you, to meat General Arnold. You said repeatedly and constantly, that your object was to gain intelligence which would be important and beneficial to the States. [don’t recollect that you mentioned that Ge- | neral Arnold assured you that Robinson was to give intel- | ligence, but you might have said Fo. | Q by Do.—When I mentioned that Anderson and not | Robinson came on shore, did you not hear me say that I conceived that anderson was to do Robinson's business, and give his communications to General Arnold ? A.—You said that you imagined that matters were so arranged, on board the vessel, that Anderson was to an- swer the same purposes. Q. by Do.—Was I not particularly interrogated by some |of the gentlemen present, with respect to Anderson’s dress, when I first saw him on board the ship? —You were questioned about his dress, and to the best of my recollection, said that he had on a uniform coat, and a blue surtout, or a great coat over i Q. by Do.—Did I assign no other reason but that of being unwell, for not returning Anderson on board the ship? A.—To the best of my knowledge you said you could not do it, as you had the fever and ague. When it was observed that it was strange, that a man was in sucha aituation as not to be able to go a few miles by water, and could go a long journey, or a considerable distance, by land. You might have’ added some other reasons, but if you did [ do not recollect them. |” Lieut.-Col. Auexanpen Hasuntow was next producod | on the part of the prosecution, and sworn. | *Q—Please to declare what you know respect- | ing Mr. Smith, the prisoner, declaring that he had been | on board the Vulture sloop of war belonging tothe ene- my, and fetching @person on shore from that vessel? ‘A.—Iwas present when Mr. Smith, the prisoner, made his confession before the gentlemen already mentioned by Colonel Harrison, which was substantially as follows: — That he had been employed by Major Generals Howe jand Arnold, for the purpose of procuring intellig-nce rom the enemy; that General Arnold informed him of an | interview he was to have Col. Robiason of the Bri- tish army, in which he assured him he expected to de- rive information of importance, and wished to engage Mr. Smith to go on board the Vulture stoop of war then | sying in the North river, to bring Colonel Robinson on | shore for the purpose of that interview; that he gave Mr, Smith an order for a boat to execute this commission; that he went ‘secretly and in the night on board the Vulture, to the best of my recollection, with a note from General Arnold to Colonel Robinson, that his being on board was known not only to Colonel Robinson, but to the officers of the vessel; that instead of Col. Robinson, a person un- der the name of John Anderson came on shore with him; that General Arnold and Anderson were that night and the next day at his, (Mr. Smith, the prisoner’s) house; that he was an absolute stranger to the business they trans- acted; that he not able to return with Mr. Anderson in the same manner he had brought him to the i i on account of his having the { therefore took a diff nd proceeded with him by King’s Ferry towards the White Plains; that he left him on the road, 1 do not exactly recollect at whut place, and returned himself; that either previ his setting ont, or in the course of the journey, he assisted Mr. An- derson to exchange the clothes he had for others, which Mr. Smith furnished, I believe he said, at the desire of General Arnold; that he understood from General Arnold, before he undertook the commission, that his (General Arnold’s) hopes of proeuring intelligence trom Col, Robin. son were founded on Robinson’s desire to make terms for the safety ofhisestete. Mr, Smith, in the course of his ex- amination, asserted his innocence of the transactions be- tween General Arnold and Mr. Anderson, with very so- lemn protestations and appeals to heaven. On being pressed as to the possibility of his having given this in- terpretation to the business he was concerned in, fiom the circumstances of Col. Robinson having come King’s vessel, which must necessarily have be the privity of Sir Henry Clinton, havi ng depated person to represent him in a matter which would have been to all intents and purposes tresson, the giving in- telligence to an enemy, as pretended by General Arnold, andof his having been received, and « third person sent, in presence of the officers of the ship, all which denoted that the object of the interview must have had the sanc- tion of Sir Henry Clinton, as before intimated, and conse. uently must have been for promoting the interests of the enemy. Mr. Smith appeared at first a good deal embar- reussed, but finally replied that he acted from the perfect confidence he had in General Arnold, whose rank and i the country would not suffer him to entertain spicion of his being capable of entering into a combination with the enemy. Mr. Smith, on estioned if the person he brought #n shore was n a uniform, answered, that he could not perfect- ly distinguish whether he wore a uniform or not, but that he had ona red coat, with alluesurtout. Mr. Smith also acknowledged, in the course of his examination, to the best of my memory, that he had carried a pass on board the Vulture for John Anderson from General Arnold. Lieut. Colonel Hamilton also mentions that from the sub- sequent circnmstances, this John Anderson proves to be Major Andre, Adjutant General to the British Army, who has recently suffered death. Qby Courr.—Did Mr.Smith mention of his having been on board the Vulture before he brought this person, under the name of John Anderson, on shore? A.—Not to my knowledge; 1 was not present at the whole of the confession. Q. by Mr. Sarrn.—Was not my reason given for going on board of the ship in the night, and was it not that Gen. Arnold told me he did not wish the source of his intelli- gence as yet to be known to everybody? A.—I have a faint recollection that it was. Q. by Mr, SstirH.—Don't you recollect that Fsaid 1 wes very roughly used by the officers ofthe watch on bourd the ship? ‘A.—{ think 1 do on your firet arrival, or rather on your | approach. | Q. by Do—Tow then could it be with the officers’ pri- | vity that I came on board? A.—1 did not suppose that the officers of the ship hada | previous knowledge of your intention tocome on board, | but in the roughness of sea manners, gave you the kind of reception you mentioned to have met with, as you | complained of no rude treatment by the other officers af- ler you were once known, and acknowiedged that they were acquainted with your communication with Colonel Robinson. By communications | mean that you came on hoard on busiuess with Col. Robinson. You acknow. P were also acquainted with the person, John Anderson, having been sent on shore with you. Q. by Do.—Do you mean that I declared my ignorance as to General Arnold’s designs, as they were then discoy- ered, or of General Arnold’s intentions in sending me an board the vessel ? A.—You declared your ignorance of any criminal inten- tion whatsoever in General Arnold. Q by Do. Don’t you recollect my saying that General | Arnold, when he applied to me for a coat for Anderson, said he was only a merchant, and from pride had borrow: ed a coat from an officer in New York p Ido not. ob @b: Don't you recollect my appealing to you be- | fore the gentlemen Prvsen t the tine artne examination, with respect to my political character, as far as you knew | it, and whether a charge of that kind could be laid against | me, without the highest proof of my being knowing to Arnold's design ? A.—I recollect yon appealed to me respecting your pwp- litical character, and that my answer was that in the ear. ly part of this contest, you had exhibited appearances of an intemperate zeal for the cause of America, Q by ‘Do.—What do you mean by an intemperate zeal ? A.—An excessive warmth. Q. by Do.—Was not my character in New York always esteemed as a warm friend to the cause of America,ba fore we quit the city, as far as came to your knowledge ? A.--Many persons esteemed you a#a zealot on thepo- pular side, though intimations of doubt have been madeto me of the sincerity of your pretensions, I believe trom @ suspicion of your iamily, Q. by Do.—Was it from any suspicions against me, or Fase any part of my political conduct, that you could earn ? : A—Not from any part of your own political conduct. Q. by Do.—Do you recollect my conduct in New York on the 6th of March, 17 A.—Not precisely on that day, but on the preceding evening I do recollect it. You then appeared active to promote the interest of the Whig party, and I believe at that time you were sincere. Q. by Do.—Before I gave a detail to General Washing. ton, at Robinson’s house, of my transactions with General Arnold, was I not requested to do it, the General limiting me to the last ten days ? A.—You were asked te give an account of every thing you knew of General Arnold's transactions within a short time past. Ido not remember the precise period. Q. by Do.—Was it in consequence of threats from Gene- ral Washington, that I gave that aceount ? A.—Colonel Harrison has already giv what passed from the General to you on t The General expressed himself with some warmth, Q. by Do.—Did you not hear his Excellency tell me that Geueral Arnold was gone off to the enemy 7 A:—I believe I did. Q. by Do—Did | not confess that I was ignorant of his going off, upon the General’s informing me of it? A.—I believe you did. @. by Do.—Don't you recollect that General Washing. ton mensioned to me that this man who | brought on shore by the name of John Anderson, was the Adjutant General » to the British Army ? A.—I think I do. Q. by Do.—Did I not appear very much surprised at hearing it ? —I do not exactly recollect your appearance at this tim Q. by Mr Saurru to Col. Hannison—Did you not see sur- prise in my conduct, on being informed that the person who I brought on shore was Adjutant General to the Bri- tish army ? A.—As I observed before. You in the commencement of your examination behaved with great firmness, and great consistency, but on matters being disclosed to you and the General’s telling you it would be better to make a candid and open confessivn, you discovercd a good deal’ of aur- prise; and here I would observe, that it was only we afternoon of the preceeding day that General Washington himselt had received an account of the capture of Mr. John Anderson, who afterwards proved to be Major John Andre, Adjutant General to the British army, aud of the escape of General Arnold to the enemy, supposing your examination wos on Tucsday it was on the preceding day that General Washington had received an account of the capture of Major Anare, the Adjutant General tothe Bri. tish army, and of General Arnold’s hoving gone off to the enemy ; and that you had been seized, the night of Gene- ral Arnold’s escape, by Colonel Gwion,and brought down to Robinson’s house in the Highlands, and probably had not hadthe means of knowing these evens until the period of your being informed of them by the General. As to the ives ot your surprise | cannot undertake to say what were. Coronet Hannison also declares to the Court—I recol lect that Mr. Smith mentioned, in the course of his exami- nation, that when he approached or was near the Vulture, theprecise expressions 1 do net recollect, he was hailed and received some rough language, but 1 cid not under: stand after he was on bourd the vessel that he received any incivilities or rough treatment from the officers of the ship. I also recollect that upon questions being asked Colonel Hamilton, about the mode of Mr. Anderson’s going to Mr. Smith’s House, that it appeared to me Mr. Smith leit Arnold and Anderson together at the place of landing, and that he himself proceeded in the bout with the two per- sons to some upper lunding, and that there had occurred some difficulties about going on board the vessel again. Q.—By Mr. Smrru to Lieut. Col. Hamitton. Lash hg recollect that when I said that I had brought one Ander- son on shore, that | said that I undrstood that Anderson was to negotiate Robinso..’s business with General Ar- jd 7 nO, —You did profess that supposition. by Count to Samuen Canoon—Do you know who ried to General Arnold ? got it from Mr. Smith; 1 don’t know whether the letter was sealed or not ; it was night when I got it, and had it not out of my pocket until I got to the Gene ; nfeneed Q. by Do. to Do.—Had you particular directions not to deliver that letter to any person but the General ? A recollection, | had not. ‘The Court postponed further proceedings on the trial of Mr, Smith unui to-morrow, and adjourned until that time, nine o’clock, A.M. best of m: Court of Common Pleas, Before Judge Inglis. Nov. 28.—John McSorley vs. Henry Johnson.—This was an action of replevin brought by the defendant for levying upon and detaining’certain goods. ‘The amount for which the goods were taken on the execution was about $50. ‘The great point in the case was whether Johnson was authorized to levy upon those goods as the property of James McSorley, or whether the goods were not come perty ofJohn MeSorley, the plaintiff in this suit, to whom they had been sold by James. It appeared in’ evidence that on the 8th of last August James McSorly sold out his store of goods valued at about $300 to John McSorly. On the 9th of August the goods were levied on as atill the property of James by the defendant,on an execution against James, and this suit was brought to recover the goods out of the hands of the officer. The defendant contended that the sale to John McSorly was a fraud, and ought not to stand. J. E. White for plaintiff. A. Nash for defendant. Maria S. Bogardus, Ex-cutvie of. Robert Bogardus vs. M. B. Hart, She This was an action brought against ths Sheriff for vot returning a Jandlord’s claim for rent, under an execution which was levied in favor of judgment creditors. Verdict for 1 laintiff, subject to the opinion of the Court on points of law. For Plaintiff, J. W. Gerard and J. W. Wilson. fendant, J. H. Patten, aad M. B. Hart. For De- U, S, Cireult Court, Before Judge Betts. Nov. 28.—As Judge Thompson had not yet arrived in town, Judge Betts opened the Court. The United Slates vs. Anthony L. Frosch.—On motion of O, Hoflman. the U.S. District Attorney, the defendant A. L. Frosch, was called to appear and answer, ond not appearing, on like motion it was ordered that his recogni- zances and those of his sureties be forfeited. ourt then adjourned to 10 o’clock to-morrow, Marine Court, Before Judge Randle. Nov. 28.—James S. Magnus vs. John P. Hays, e ‘This was an action brought by the plaintiff for a certain bill of goods, whieh he alleges were sold by him to the d fendants. tif anuiacturer of cert ch he was in the habit of depositing forsale. If they were sold, then the plaintift was to receive the proceeds, and if not sold tl the goo Is were subject to plaintiff's order. Thi lar jot of goods have not all been sold—on! worth. It was in evidence that Mr. Magnus could at any time have the goods in question by sending for them. Tais was a very curious mainly from the cireum- stance that the plaintiff saw fit to conduct his own case, without availing himvelfof any legal counsel. His man- ner of addressing a witness with “ Loek here, Sir,”—and saying to the court, “I shall be able to convict your honor and the court,” &e., created much amusement. He was often called to order for interrupting, ke. He came with- in an ace of being non-suited, (indeed it was recorded, but opened again,) from the fact that he thought it unneces- sary to prove the copartnership of the defendants, because thelr sign was up,and their names down ansuch in the Directory. The plaintiff of course claimed that the Ae were sold; while the defendants alleged that the things were simply deposited with them for sale on commission, the goods always being subject to plaintiff’s order.—Ver- dict for plaintitt, $64.75. ‘The plaixtiff in person for himsel’, Mr. Allen for defendant, Bankrupt Lh SOUTHERN DISTRICT OF NEW YORK. William H. Hoyt, untertaker, New York. George Winthrop Reser, soddler, New York. Richard 8. Woodward, ofthe city of New York, mer chant. Edward G, Burger, New York, Dentist. Seth Geer, Jr. of Staten Island, Richmond Co., MiWork , Physician. Arrivais, RM Edgar, Westchester; John Patten, ampbell; RW’ Mason, Philadelphia; P W New York; D Wright, Auburn, N ¥; @ PF Varnum, Portland; G Young, St John: JM Kane, Rio Grand; John Elliot Thayer, Boston; Robinson, Philadelphia; Mr ‘Thomas, Boston; N § , Stonington; A W Marks and lady, Washington; FL. JE Dodge, Attleborough; JQ Adams, Yates, Albany; U'S Ny 8H Porking, Boston; Noxorthy.# Q; Me Seat, Army; JC ‘Theobald Gardner, Ma ‘Chapman, Hartlord; H_H Taylor, Pittsburgh, Pa; W Smith, T 8 N; W Seaman; J Kid, Albany; C H Minett. Troy; Charles Steuben, Francie Granger; W Landon, Albany ; H Bennett, Newburgh; C D Mullett, Florida; D Ward; CE Hall, $ Lewis; MeL H Loring; N E Seaman, Lan- Caster; $ Snider, Jr., $Philadelphia; Wm Nolen; $ 3 Hastings, Boston; Gen Cooper, Albany. M Ht ‘FO! s P'ivom pathos covered with Jacks berg pre own superior manner, with Tndia Rubber, rm tight vader the great pressure; is ¢ ber Hose extant, Alaa forsale, ihe and Tavented Hemp jose extant, sale, jhe newly invented He: Fieve on account of and at the inairdfucturer’® lowest prices, in quantities to surt. HORACE, H. DAY, Si ji y '’ jnecessor to Roxbury India Rapes Comeany ‘ made J fOr 1s gl the manufacturer, who suppl Mablatoobs have feat Bpoetpealrees embeacine sll tee Nylon at prevent fashionable ab Ne waited for us to. tecelvs these cloths ready t0 fll thelr orders for Maeintoshves 0 lar to those, uewally imported and mede up American fashions for winter cuter garments. made without reama and very full, Buyers. of wil please remember that Day's American Ma Only feat Macintosh made in this country. HORAC RACE H. DAY, 16 Imr cessor to Roxl s 110 in oar jeclly water _pteod *r y M: 45 Maiden lane, ‘bury India Rubber