The New York Herald Newspaper, March 11, 1852, Page 7

Re in any county tirogpi:.whaeh the bane pe seed on her trip, or in which S54 iF A ‘ [ i Hs u Hi E kf ae oy eioarned’ till Monday monnipg. q Before Judge Beebe and Aldesmen Brisley. Francis. Manen Sauce «of this cause, which eee! AAS ‘this after embertaining the aad audience all at-weven o’cloek, fa an ac- _quittal, The defendant, Mr. fh pil street, who. it seems, is the mam tarer.of a \ Worcestershire sauce, ane Paul de Vere, was indicted that of Messrs. Lea & Perrin, of Worcestershire, Fnglemd; the Jatter, as tated, being made from the recipe.of.a real. gobleman, General Sandford appeared for the, Mi ‘Del a] prosecution,and Mr. 3 James T. Brady for the defence itis ir. Rogers, a bootmaker. ene of bis jayracymen, | Brewed the purchase of a dosem bottles Worcestershire zapec at the defendant's store, in December, M49, of \mhich the bottle produced was ove. Neither eoid say wee the defendant served them,.or signed the bill and -aceeipt. Andrew Ross, bottle manufacturar, was next. ealed ; ‘bot he stated he never supplied Mr. Raphael with any wach bottles, nor could he say the ane shown was mad: ihero or in England. Jahn Duncan derposed he was Lea & Perrin’s-sole .agent in this country. and had beea since 1843, Hewa teen, proceeding to give an account af bis extensive im pertations, when defendant’s counsel ted to the fashionable mode of advertising and pope’ publicity “Phat evidence might be material in a suit which wa naw, pending. ‘The: Court did not consider it at all material, and wit- nese, proceeded:—The bottle produced was # counterfeit, jhe produced a genuine one; (they were beth subjected to eareful cerutiny; the general appearance was similar, But therowere some points of difference.) The witness’ ‘mame was, not on the counterfeit one; he had never bad any converration with Mr. Raphael. Cross-examined.—He sup] there might be other people who imported it, but he did not know ony. ‘Coun- we) read over names of several persons.) id not know whether they imported; he had sold to some of them; did not know any other Worcestershire sauce ; Lea ate Perrin labels had been forged in England. two or three years ago; didnot know whether any of those counter- Seite had found their way out here (The advertisements and testimonials on the wrappers were here read to wit- ness, amid much laughter; one from a nobleman, residing im Worecstershire; another from the chef de cuisine, or ebief ef the kitcben in Paris, Captain Hoskin and his cook, Se.) Witness.cauld not epeak as to the truth of those; ‘they were all nent.out from the house in Kngland. The Court here int . Mr. Brady said he wanted to . knew puffs were untrue, Ruled out. * Edward Hove, whose appearance was anxiously looked for, then took the atand—He had known the dant about five years; became acquainted with him on board east tert of the = mployed ty htein n tl Yoyage; was emplo} ry in ee 345 Pearl street; knew of the manufac- ture of an article called Worcestershire squce; Mr. R. supcrintended it himself; it was begun before he was em- ed there; he was there in June, July, and August, ; Mr. Raphael then moved to his store, in the United Btates Hotel, but still kept the basement; sauce was put into such bottles aa the ee shown. and taken to the store; they were made to imitate the genuine ones of Messrs. Lea & Perrin; he helped to put up sevesal gross, rut be could not say how many. Cross-examined.—Did net ‘kuow Raphael till he met him on board ship; did nat remember what the other mame he spoke of was that Raphael wont by; he eould not Pamiennber: jie name any paresis tiie ever oeiled Bia by that name; they came out in different parts of the ship; witness, first of all, was a partner with Raphael for nine months—that was five years Crees not separate on friendly terms then; had been friendly afterwards when they were making the sancet: bed no quarrel with him since, and bore no ill-will now; not then know that it was a criminal offence to counterfeit the sauce; he was a chemist, and suggested a mode of preventing it from efferveacing; he was paid neler: (The affidavit rate in Fel 7, 1850, tF He had then sworn he manufactured the uce in 1847; could not swear posit peant 1847; thought it was a mistake in the date. (Af_i- vit continued that defendant had made the sauce ever nee 1847 for two years, and had sold a gross per month.) n swore Ray got the bottles from Andrew Rose, had been examined; meant he understood #0; also hat the labels were printed by Messrs. Murphy & Son; it agter he had left Raphael in 1840; Messrs. Dancan sent In addition to furnishh | Charles W. Jewerre, corner of Rosty-fifth street and . Another Mumics by Shooting. [Tate ARRESTKD ONeCUGPICION OF THE M0UR- + IMR—INVESTIGATIONSY CORONER IVES. On Sumday night, betweensicn and eleven eclack.a man-by the name of Willixm Jéciter was abot in the zight shoulder ‘by the discharge of grun by some men at pro- rent unkecwn to the authartics, and lingered wotil Tucrdey saficrnoon, between abe hours of one and two o’clocks men be expired. Bucvious, however, to his by Mr. Biwut, the vefy efficient Distriet Attorney, pro- exeded tate premises of the dgisg man, situated st the eorper of Ker'y-fifth street and ‘Ehicd avenue. There they found, from the opinion of themnedieal attendants, Dre. Merrie ang Dexter, that the woumd@was mortal, and at once Procecded, tq;hold an ante mortemexamination. A jery ‘was summoned, and evidence taken, which exhibted, according tp: the testimony recetvedkfrom the dying decla- vations of the deceased, that on Sundey night be was taking ® board from a fence situated.m the premises of Beeond avenue, when a man eaid—“ Put down that , board, or I willmboot you.” The deesased replied, that if be shot him be would stick or aig> him. The man jzthem fired off.the gun, being withintwo or three yards |cilistance from bien; the contents ef the said gun took ;effeet in his right, . AD tanee, who wes Lowerre, who, f E of Forty-fitth street.and Seeond avegne; [am a varnish ganufacturer; my fectory is opposite my dwelling, between the First and Second avenues. on Forty-fourth street, whgn it shall be opened; the whole frogs of the factory froms on Forty- fourth erect; I am acquainted with the prisongr. his name ix JacobSoter; thereis no-other man ut present,in my em- ployment by the name of Jacob; I bad one fr several heat ingsy employ, but gst now; he is in the peighbor- d; his name is Jacob Yeckerly; he hives near my fac- tory,’ in tae rear, on Forty-fourth street, neas Second avenue. .between First ang Second avenues, the first house from my factory fence on the corner of Forty- fourth street; om Sunday eening last I heard.a gun discharged; I was in the reanbasement of my dwelling, near the ‘Rhird avenue; I kad wound up my cloc and compared it with my watch, and had been read- ing about tenzninutes, when I heard the shot ofa gup; it was about twenty minutes of 10.’clock when I heard the shot; I hesitated; I then hoard s noise, and my watch dogs barked in the area; I thought aome one was approach- Ang the house; L.came out of the basement, in front. aud landed on Second.avenue; it was a eicar moonlight night; as I crossed the Sacond avenue, when about twenty-five feet from my ,house, I saw the pitsoner running to- wands me; he rail, Mr. Lowerre, I heard o gun, andehen I saw the saan with the gun gollowing me, and when he said he had shot a man, I told him to come along. intending to arrest him as soon as I got assistance; Iwas running when I spoke to him first; I partly stop- ped, and then he gaid fe had shot a mau; it was in an- swer toan inquiry as to what was the difflenlty; he had a cap on his head; I think it was a cap; I can’t say whether it was a cloth or fur cap; I have not seon Jacob Yackerly since Sunday night; I Lave not endeavored to find him since; Yackerly is man than the prison- er; I think there was a resemblance of Henry Chine; I did not think so at the time, but since I have fixed m! mind iy sine him; I formed no opinion at the time who it was; I formed the opinion that it was Chine since, upon reflection, from the appearance of the man; I eannot tell whether it was a or a double barrelled gun the man. had; I got ont of bed; there is a man shot; he has gone down there with a gun. (pointing down the old lane); I said where; he said there; he inted towards the Third avenue, on the old lane; the prisoner was on the old lane at the time; by that time I got so that I could look down the lane; I saw a man, and as I approached him I saw he had a gun; I asked him what was the difficulty; he replied that he had rhot a map; id he had a knife, and was going to stab me; he said he would stab me; I think that was the word; I don’t know who that man was; his face was familiar to me; I had seen him before in Lg fooared to work; it wassome two months since. more or ; the man that I suppored him to re- semble was Henry Chine; he lived on Forty-fourth etreet. in the rear of my fac’ ; he was dressed in dark clothes, a roundabout and eap; { have not seen him since; I have not endeavored to him since; I have never before now informed any one the name of the man I supposed him to be; I suppose he isa little taller than the pri- toner; he docs not hire from me; I eaused him to be arrested in October last; be was im my employ but a short time when I arrested him; I had an opportunity of seeing him face to face; I think I might be mistaken as to his being the man i saw with the gun; I think he is a Ger- man; I think I might be mistaken from the excitement; I ‘was walking fast and partly running. Pending the evidence of this witness, news eame to the Coroner that the injured man had died, and thus elosed the ante mortem examination. On the ection. then, of Mr. Blunt, who attended aud conducted the examination of the witnesses, the following verdict was rendered by the ‘That William Kelter was dangerously wounded on the night of the 7th of March, inst.; that raid wound was | for him. ing his own testimony hhis former partner and employer, he had named fern Mer Bapc ule be was fo emgage didnt re nform Mr. whil was 60 i; Te Bon pop prmlinene reperrrag ry Mr, Raphael; #0 in conversation with Edward Sturia or Tho- as Hooper, never had aid that he had testified against Raphael. and waa afraid he was going to prosecute him pr perjury; hie services to the prosecution had been en- iy aratuitous up to the present time; he did not ex- t ae did be know that he was not to re- eive 4 Ann fore, wife of the last witness, deposed that she bad n in the cellar, and seen the sauce made there; she had the latiels, ‘This witness was not cross examined. Gale and Rogers were recalled. and stated that the per- n who sold them the dozen bottles did not state they ere counterfeit, but said they imported them. Mr. Brady —— the case for the defenee. He ought them why he was not present on on ee A to be tried, as was not aware the been commenced with his executive BY wanized fe the little bantling which he s now nursing, and which was just ready todie. The t had been obtained. he said, for the pi tion of eer- in quack medicine venders, and was passed, like many hers, hurriedly, and without due consideration. He eeded most humorously to read some of the “quack. ” set forth in these advertisements, and which excited The object. he contended, was to get the ificate of the French “chief of the kitchen,” who ight to know all about it, endorsed by an American jury, fhoee time would be about as well employed in publishing flicted by the intentional discharge at said William Ke ter (without justifiable cause) of a gun loaded with pow- der and shot,’being at the time in the bands of aparty unknown to the jury. The jury further add the regrt that, owing to tlie death of ‘the party injured, before the inyertigation was finished they are compelled to render this partial finding. After the finding of the verdict, Captain Maynard. of the Nineteenth ward police, aided by his officers, brought be- fore the Coroner two more men, whom they had arrested on the request of Mr. Blunt and the Coroner; their nameé are Henry chien and Jacob Jockle, both Germans, stage drivers, in the employ of Mr. Dingeldine, on tho ‘Third avenue and Sixty-first strect line. These two men, as well as the man Jacob Roter, arrested the day pre- vious, were committed by the Coroner, to await the ro- sult of the pest mortem examination on the body, and the finding of the Coroner's jury. ‘This ben oa Lidelllwill make the post mortem ex- amination of body, and at 8 o'clock this afternoon a jury will be empanelled, who will proceed under the direction of the Coroner to view the body and the pre- mires where the espa By place, after whieh the toeti- mony will be taken at the Coroner’s office. Common Council. BOARD OF ABSISTANT ALDERMEN. Maxcn 8.—The Board met at the usual hour— Asst. Ald. Trotter in the chair. The minutes of the previous meeting were read and approved. COMMISSIONERS OF EMIGRATION. ‘The report of the Committee on Public Health, relative to the Commissioners of Emigration, re- virtues in a peripatetic style, bearing . ‘The lw was not, he contended, to be construed exterr‘torially the protection of manufacturers all over the world. tea tia-there they difered. (Laughter) It ndford did—there fered. ughter.) It was o piquant for an American stomach, th the English commends the necessity of effecting an immodiate and thorough reformation in the emigration depart- ment ofthis city, by which the officers having charge of that department are to be made cleetive, and stringent provisions enacted for the due performance of their trusts and duties, with a supervisory power in the Common Council to investigate their ites 5 Ke pane abuses. The following resolution was adopted :— bbieman’s might require etimulating. Where was the ud? The only one could be, that the purchaser of this Indiment, who wanted to titulate his stomach, did not it sufficiently excoriating ; and instead of an article ith royal blood in it, and ing a good pedigree, got mething purely democratic. cn er 8 He also con- ded there was no proof that this was not Worcestershire ce, The sale was i ia rete — de- hdant’s employment; and wi! was there to con- ¥ a with it? partner could not liable by indictment for the acts of another, thou might ina civil suit. By ‘the act, agaim, be might counterfeit articles, but be must state at the time vy were 80. This was a sort of “ quack doctor morali- > which he (counsel) did n+t understand, and it was shown the defendant waa there at all to say so, and 1d not be liable for the omission, unless it were proved ae by his express directions. He thon made some ible remarks as ped the conduct of a who was, by own showing. a fellow countryman, a fellow passenger, ¥ partner if business, trying bis best to ruin the de- D juire corroboration, and that could be eupplied b; y the evidence of a wile. On this point ral cases cited in Greenleaf on Evidence. onghout this latter portion of his address, the witness ecveral times times interrupted counsel, despite the irts of the Court and General Sandford to prevent him, Brady requesting him to goon, as he liked to bear talk. The idea of Messrs. Duncan being the oaly orters of Worcestershire sauce was quite a mistake. te oe it who deposed that be was an im) ‘liam 8. , who de porter; , within ihe Inet three or four years, imported Worees- hire eauce, made by Lea & Perrin, about one ‘ei dogen bottles at atime; beard of others that imported, but did not know them; some of those be orted had the name of Dunc & Son om them; had {t to Mr. Raphael, sometimes ten dozen at a time. ona-examined.—Could not recollect exactly any ship- jt, but had bad more than fifty doven at a Une, Wit- at Mr. Brady's suggestion, here sent for his invoiee , and. ata aia the particulars of yy him. lenry M y, printer, examined.—In 1840 nin was D. Mx ye ; printed the labels pro- dj, for Mr. Raphael, (being some of Paul de Vere’s #,) but never printed any of the alleged counterfelte; were lithographs, and he only printed with types or outs. Ye etoe with ica) wniaa wet rene “4 e same house at Williams! ; ea ‘express himself about Mr. Raphacl; sald that Mr. h “4 had ruined him, and he would rain him in hie , and would not stop at anything to effect his object. bes-examined.—This was in Will , about two ‘and # half ago, last summer of fall, in 1849, on their waintance, while Hore was in Rephacl’s employ- + witness is, and was then, a manufacturer of sauces pickles; had no difference or ng with ‘oma Hooper testified to the same effect. Hore erwitnese to go into making the Worcestershire “put he deelined. (Laughter.) Tt was about a ards that he (Hore) went back to Raphael's. Hud fim there in the cellar in 1849. He aaid he was mak- it there, but witness never saw any except Paul de juces. il Sandford recalied Hore, who etated, the bill and bt before alluded to was in Raphael's writing; as did er witness. This was as dirvctly contradicted by fooper and two other witnesser, one of whom was of defendant. it A liable at criminal law. In answer to a question. d thom the wife's evidence eould not be taken as ting her husband. It must be main evidence if Tan abeerice of two hours, the jury returned a ‘/of not guilty; and the Court adjourned. P Resolved, That the health of this city imperativo- ly requires the separation of the Quarantine at SI ten Island from the institution for the care and pro- tection of emigrants, and that the government of the Marine Hospital he restored to the Commission- ers of Health, under the direction of the Board of Health of the city and county of New York—and a committee, consisting of Assistant Aldermen Wood- ward, Breaden and Rodman, to co-operate with a committee from the Board of Aldermen, for the gurpose of laying the whole matter before the Le- gislature, in order to apply such remedy in the pro- mises as may be deemed proper, be appointed. Adjourned to Wednesday. Superior Court. Before Hon. Judge Bosworth. Mancn 8.—William R. Robinson § Ebenezer P. Robinson agninst Moses C. Edwards.—In May, 1860. the plaintiffs boupht of the defendant 180 gallons of onions put up in cider, at the price of $108. with a warranty that they would keep good for one year. Plaintiffs shipped the on- fons to San Francisco, California, on board the ship Wm. Hl. Harbeck. via the Horn, occupying «ix months in the voyage; and on the arrival of the vessel at San Francisco. the onions were found to be spoiled. ‘This action was ag for the recovery of the price paid for the onions. For defence it was contended that the guarantee was for thie ol only, and that {t did not eover a voyage to California; that improper care had been used in the trans- portation of the onions, and that the cider had been per- ‘mitted to leak out during the voyage, which occasioned the damage. and for which the defendant was not liable. The jury t in w verdict for the plaintiff of $108, the amount claimed. Marcu 9.— William Garrabrant, plaintiff agamst the New York and Live: U. 8. M. Steamship Company, defendants.—This was an action for the recovery of the wages of the plaintiff, who was em- ployed by the defendants, aa third assistant engineer, on board their steamer Atlantic, on the voyage be- in on the 6th December, 1850, and completed Aug. , 1851—the voyage on which the breaking of the centre shaft occurred. Plaintiff was to receive wages at the rate of ed per month for the voyage. After the vessel got back to Cork, and on the 6th of February, the plaintiff and two others of the engi- neers were allowed to come to New York, as they understood, on leave of absence, and with the under- standing that they were to await the orders of the chief engineer, which were to be sent to them in New York, in time for them to return on board the steamer at leaet one month before the vessel was ready for sea. Plaintiff was paid his w to the time of leaving the steamer at Cork. Plaintiff wait- ed in New York for orders from the chief engineer, but received no direction from him to return, and on the 12th day of May he received a letter from the chief engincer, polling him, in effect, that he was dis- it char; Plaintiff then obtained employment at the Novelty Works, whore he received $40 per month. This suit was brought in August last, on the comple- tion of the voyage. Plaintiff claimed his full wages, r month, from the 6th February to 12th May, and per month from 12th May to 3d of August. For the defence, it was claimed that plaintiff was bye Kote — ¢ Feb: ; that he received jis wages 0 it , and a in full satishuetion and discharge of all slater cond further, that the voyage was broken up and aban- doned, in ead wen of the injury sustained, and that the plaintiff was not entitled to recover his Mad sen hie leaving the ship. Verdiet for plain- an, - death. on Monday morning, Geroner Ives, ably ansiatad |. —— it ilies i I | HH ti e i ih i i g it ik Ei i rH 4 i Z tH he i i ¥ H HL i Hh EF Fd il fie Hi cuir lt [lire sala Slit the.ealeadar of the general term, the term. or the trial teym. No cause shall be ‘by the clerk on either.calendar, unless the note of issue-conforme to this N.B.~-The members of the bar are to-copform partioulars to the last rule, or the notes of issue will be at GpecaltZorm allrned with 910 cosa, nt ON orm ve, Denys —Two canes—Order at Special Teg affirmed, with costs in the frst case, and no costs in the: Calvin O. Hull, res $e. with costa, Pettigrew 4: Sherman vs. O'Keefe and Duryea.—Injune- tion dissolved. Catharine Holeman vs. Bella Abrams.—Ordered that de- iy, only to the special part of the answer, and not to the first clause, and that de- Ezra Fitch aud others vs. Eugene A. Livingston, §c.— Appeal dismissed, without costa to either party. The Alleged Cuban Expeditionists. United fates District Court. Before Hon. Judge Judson. ‘SRCOND Day. Mancn 9.—Henry F. Lalimadge, the first witness, sworn and examined by the District Attorney, deposed—I am the Marshal of this district. Q.—Did you reecive diree- tions. some time in the spring ef 1851, to arrest and de- tain the Cleopatra ? Mr. Cutting objected to thie directions. He shuld tell what he did. Witness—I did arrest the Cleopatra in the spring of 1851. @.—Why did you arrost her ? Mr. Cutting objected to testimony of his motives, If he did it, he can produce his authority. The defendants had not the benefit of a bill of exceptions here, and it was janportant that the court should pot admit any evidence of gnotive. The District Attorney eontendad he had a right to show why, and for what cause, the Marshal detained the ‘vessel. ‘The Court eaid the question why was synonymous with by what authority. and the Marshal s! answer it. Witners—Shall I go back a few days to detail what in- fluenced me? Mr, Cutting objected. The Court said if any evidence came in that was not strictly legal. he would have the power to exclude it. Mr. Cutting replied that that would » giving an antidote after the poison was administered. He had no doubt of the int ity of the jury, but he ob- jected to the motives of the Marshal. Q.—Why, and by what authority, did you detain bgp? A. —I received my instructions from the District AttOrney, who bad shown me his authority from the Secretary of State, to arrest the Cleopatra, or any versel euspectod to be engaged tn the Cuban expedition, contrary to the laws of the United States. Q.—Iiow long did you detain the vessel? A.—I a her; Ihad orders on the 234 April; it was ona Wednesday; I detained her several weeks; I can't, without referrmg to memorandums in my office, tell exactly how ong she was lying at the foot of Hubert strect; [think it ison the North River. Q.— What was her Spee and eondition at the time you arrested her? A.—She was very heavily loaded with coals, stores of various kinds, boxes of bacon and other provisions, military musical instraments, such as are used on parade ; there were no pianos; we also found twenty-four or twenty-five kegs of powder secreted ; my son. will give a better deseription of the location of the ao ; the coal was stowed, some in the hold and some in the forward cabin ; I saw boxes of medicines ; I saw men on board; there were ten or a dozen ; they were em- ployed pumping the «bip. which was leaking. Q.—What ‘was her condition in reference to her preparation for sea? A.—She was not in a condition to go to sca that day; she was leaking; but they were Dreparing ber for sea; I made a search on the 25th; IL had the boxes opened; a number of them contained medicine put up nicely; a number of than eon- tained bacon; t! ‘were @ number of bales of blan- kets; the medigines were put up nicely, and were enough for a large company of men, apparentiy; the boxes were about two feet square; thore was more than ene box ; I ean't 3 how many contained medicine, but I opencd three or four containing modicine, and there Trtopped; the bales containing the blanketa were about two feet and a half in length, but not ite that in width; they were cloacly packed: hey looked as if they never had been opened since they were imported; they wore thick. stout blankets, called Duffield blankets; Ihave no knowledge of how many blankets these bales eontained; there were more than three bales; I did not diseover anything more than what Lhave named; thero were a good many boxes of bacon; there were a# many ax fifteen or twenty eugar boxes of Dbaeon. about three feet long, two feet wide, and a foot and a half thick; 1 saw no bread, nor water; there were a good many empty water casks there; there were as many as twenty or five-and-twenty large hogsheads and pipes; I did not dixcover the powder; I know nothing of it’ of my own knowledge. I made a search for powder on Saturday evening, the 26th; I did not discover any; I went down to the vessel on Saturday ning, and found the officer of marines on board; wanted lights to search for powder, which I had reason to believe was on board; I got the lights and went into a lit- ¢ in the after part of the vessel, where I supposed the mate of the veasel was also there; I did not in finding any that night; I searched the main raloon where the boxes and barrels were, thoroughly; then the little ladies’ saloon, and the berths; did not go down into the run of the vessel. Q.—Whiat led you to make the ecarch’ Mr. Cutting objected to that. The District Atiorney said—Suppose Mr, O'Sullivan or Capt. Lewis told him it wasthere? Q.—I[ad you previously to that search arrest- ed Mr. O'Sullivan, Mr. Schlessinger. and Capt. Lewis? Mr. Cutting submitted that if they had been arrested the warrant could be produced. Mr. Hoffman aid if the men were under arrest, evi-/ dence of the fact was rufficient; it was not necessary to produce the warrant unless the legality of the arrest is questioned. Question admitted and repeated. A/—I had them and three others arrested—Mr. O'Sullivan. Mr. Lewis. Mr. Schlessenger, Br. Rogers, Mr. Sanchez and Burtnett; they were in my office under arrest autecedently to my going to make search for the powder. Q.—Did you get any information from either of the persons thet are in- dicted—from Lewis or O'Sullivan—which led you to make the eearch on board? A.—I did not. Q.—Why did you make the search? (Ohjected to.) Mr. Hoffman said, euppose the Marshal had overheard one of the par- ties say to another of them, ‘it must be thrown over- board.”’ would that not be competent to show that that induced the Marshal to suspect there was powder ¢on- eealed on board ? ‘The Court ruled against the question. Q.—Did you hear any conversation between the persons arrested and those on trial, in the hearing of each other, A.—The gentlemen under arrest, Mr. O'Sullivan, which led to the search? [Objected to, but admitted. Schlesinger, and Sanchez. were in conversation with the mate, in my office; the mate said he would go down and put the powder in the water; that led me to muppore that there was powder on board; I_went down to the Cleopatra, and found the officer of the marines, and immediately after I went down the mate came; Mr. O'Sullivan did not come there at that © was not there when I made search for the pow- der; I saw Mr, O'Sullivan on board first on Friday morn- ing! the 26th; I made the search on Saturday; it was be- tween 10 and 12o'clock that I saw Mr. O'Sullivan on board; I bad « conversation with him. Q.—State what it was, Mr. Blankman objected to the conversation with Mr. O'Sullivan, affecting Capt. Lewis ‘The Dirtrict Attorney said he would have sufficient evidence against Captain Lewis Witnese—I was ing and examining tho boxes at the foot of the stairs; Mr. O'Sullivan came down stali and I think he asked me what I was doing; I told him was examining « part of the cargo of the Cleopatra; he told me he had no interest in the vessel or cargo, but felt in- torested in the success of the voyage; he then said that ifhe was wanted at any time, if I would address him a note, he would come to my office; here the conversation ended; this was on Friday, and he was arrested on Saturday, the 26th; I never saw any powder on board the vessel after that tii ime. Cross-ezamined.—I acted by the orders of the District Attorney; I had no warrant of arrest; there was no com- plaint made to me against the Cleopatra. Q.—Did you ‘see any complaint in the hands of the District Attorney a the Cleopatra? A.—I_ saw the directions from the Secretary of Sta! plaint; I arrested Mr. O'Sullivan and the others by virtue of a warrant; I am very confident there was no warrant of arrest against the vessel. Q.—Do you know whether or not the com- ainant in that warrant was or was uot the Spanish Vice Consul? Witnsee—I would rather have the warrant before I an- swer that; I have sent for it. (Warrant produced.) Witnese—The name of the complainant is not inserted init, I presume there was a complaint in writing om which the warrant was issued; Ido not recollect seeing apy complaint in Secs Se by the Spanish Vice-Con- sui; 1 was not preeent when such complaint was made; I detained the Cleopatra several weeks—from 24th of April until 30th May, Q.—What became of the vessel at the end of that time? A—I delivered her up to Mr. O'Sullivan, on the requision of the District Attorney. Q.—What kind of a steamer was she? =A.—I should have called her a river boat, not an ocean steamer, by any means; I was informed rhe was one of the boats that navigated the Sound; I can’t tell how old she was; she showed marks of age; I can't say how ae she was, Q.—How many guns did rhe carry?) A.—I did not see any guns; the was leaking so badly that I bad to employ a double ng of ix men to pump her constantly; they pumped r. at first, night and day, for two or three days; there were from Vay to forty tons of eoal put ashore, and she did not leak so badly after that; pumped her only once in 24 hours after the coal was put out; I think only one pump was ured; I don’t know how many pum she ; 1 saw but one; the only work 1 saw was pumping; I don’t know the nomes of the men; they were sent there by Mr. Rod- man, at my request; Mr. Rodman is ® founder and ma- chinitt; 1 found them on board, and they were eoptinued sb ih Spe o ‘hes; these men were in the of Mr hebmans Fridsy morniag, 25th, war the fret I wee en beand; sbe was taken pesseraton of yy, dqputy, who io my een, the day ibefore; I net encan to that there were wo ether men but Rodman'’s en ; ; 1 sald the emily men that I sow at werk; 1 sow the 1 saw boxes ‘and barrels in the .main galooa; eative floor was nO concealment; they culd see ehaina, ene for- ja 2 eon- 3 T eap’t tell comtition to mean by ssying Because she had ;, 1 did mot see the water, but saw defore; I did not see it empties. a2 be" you all that “‘she was preparing to go to sea?” A.—The eoals and the steres. Qe-If the water was emptied out of the casks, do not think it looked more like to stay at) than to. gotoses? A.—I de. —How do you kmow that the powder was eomanet, $708 mever nag BS aad pad it from my ton, whois my. 1. Q.— w whet! the run of a vemel che ple witere powdar i aaa pet ’nso T A.—I donet; I can’t scribe military musical inetrumente; they were ealled military instruments on aad I took it granted they were; they were musical in- ts. Q.—Were they euch as they have at District Attorney—Such ae they have at cannon Cangied:> Witness—I have been to balls, and have seen mu- sical instruments; I should think there were two or three boxes of musical instruments; I will swoar there was one; I will not swear to more; I can’t sa; -what quantity of men the medicine would answer; yam nothing of a doctor; I do not know whether there was any sarsaparilla; there was @ great xariety of medicines; the boxes, I think, were marked medicine, and I had two or three of them opened, yet I oan’t say they wero marked medicine, for if they wore, I think [ should not have opened more than one; I will swear there were two, and I believe there were more; I think there were half.a dozen boxes that I didn’t open; they had all the same marks, and were tho same size; I did not see a printing press on board; there were beds and bedding in the berths; 1 think there were blankets in the berths; I didn’t sce them; the berths were made up and I didn’t examine them; I cut the bales of blankets to see what they contained; the blank- ets were delivered over to Mr. O’Sullivan before the vessel was given up; the musical instruments and all the cargo were delivered up to Mr. O'Sullivan on the 2lst of May; I can’t say that all the berths were made up; they were generally made up; I can- not say that they were made up below as well as in the upper saloon; I sew no bread; the marines were mut on board by my orders; there was an officer and a marines; 1 put them on board I think on Satur- day morning; got them at the Navy Yard, and they remained on board till the 30th of May; they slept on board; the powder was there part of that time; I met with no resistance there before I put the ma- rines on board; the marines were not the pumping men; I don’t remember the name of the mate; I was in my office when I heard him say he would go down and put the powder in the water; I was standing as near to him as I am to Fou; he said it in my hear- ing; he did not speak louder than any of the rest; I cannot tell to which of them he made the remark; T eannot tell what remark was said introductory to that of his; I heard the whisper, and the word pow- der mentioned, and I bad euspicions; I made no inquiry of the mate about it; I donot know whether the marines slept on board the night before I went down; they were directed to do 60; the mate and some of the men who assisted in opening the boxes, were present when I had the conversation in the vessel with Mr. O'Sullivan; he said he felt a deep interest in the suecess of the voyage; he did not say who owned her; he said he had no interest in tho vessel or cargo, but he had a deep interest. in the success of the voyage; the conversation did not Jast six hours, nor three hours; it might have been fifteen minutes; when he said ho had deep interest in the success of the voyage, it was not in answer to a quostion of mine as to who the owner was. Q.—How came it, if Mr. O’Sullivan then told you that he had no interest in the vessel or cargo, that they were afterwards given ile him? A.—I gave them up by the directions of the District Attor- ney; Burtnett was liberated on giving bonds for his appearance; I saw him sometimes once or twicea day in my office before he was arrested; he had no busi- negs there; I eaw him in the District Attorney’s of- fice; I do not know that he had any business there; Burtnett and I conversed several days on the subject ofthe Cleopatra before she was arrested; I never hoard him converse with the District Attorney to my recollection, before the Cleopatra was arrested; I don’t recollect that I heard Burtnett have a eonver- sation with Mr. Evarts or any one in the District At- torney’s offiee ;_ the conversation I had with Burtnett was confidential; 1 think the first information I got of the Cleopatga was from Burtnett; I communicated what I heard confidentially from Burtnett to the Dis- triet Attorney, by permission of Burtnett; Ido not know that Burtnett had any occupation. Q.—Was he or was he not asceret agent of the panish government? A.—Not to my knowled ed; [know nothing about its he told ane he "6 loyed to do certain vane by 50a month, Or $1 25 por da a witness; 1 can’t eay exactly the day trom which I paid him; my books will tell; I don’t know of any bond given by him for his appearance; he was to have given a bond; there isno bond of his in my office. Q.—Was it not arranged between you and Burtnett that he thould be one ofthe persons arrested? A.—No, sir; I think Burtnett said it was necessary that he should be arrested; the warrant was issued the day of the arrest; the day that he said he wished to be arrested there was po warrant out; he did not explain to me the reason why he should be arrested; I did not think it strange; I nevcr had such a case as this be- fore; 1 think there was an occasion before in which a man suggested his arrest, but it has nothing to do with this case, and I decline to tell who he is. Q.— Did you know why it was necossary and proper to commit Burtnett? A.--Yes; because he was concerned with O'Sullivan and the others; I had my impression about it; I knew from him that he was employed to tuke troops down the bay for them. Q.—Was not Burtnett an informer? A.—He gave me the first in- formation. [The Marshal was here requested to produce his book of the entries of the payments to Burtnett. He left the court for a few minutes and returned with some memoranda. ] Q.--Is thore not a book containing entrie: 5 ments to Burtnett?. A.—Yes; the first ad ri I made to him was on a certificate from the District Attorney. [Certificate produced, and dated May 19, 1851, showing that Burtnett was under pay, as a witness, from the 24th of April.] Witness continued— Burtnett was put under pay from and after the 24th of April. Q.—How many witnosses claimed to, and were put under pay, in this matter? The District mere yt | objected to the question. The Marshal cannot tell who I chose to put under pay as witnesses on the part of the government. The book of the Marshal’s office was here produced, but the District Attorney objected to the defoudant’s counsel perusing it. Counsel for defence contended that they were en- titled to prove by the book that witnesses were crowd- ing into the Marshal's office claiming pay to get up this prosecution. Mr. Hoffman contended that there were but two courses for the District Attorney to adopt, and they were, cither to lock up those witnesses, or pay them for the eupport of themselves, and he submitted that the District Attorney had adopted the course which showed most his fidelity to fhe government and his high honor as a public officer. Each witness, as he is yroduced, may be impeached, if they can do so it is a principle of law, as well as of public policy, that the bocks of a government official should not be ubmitted to public inspection. Mr. Cutting charged that the witnesses have not only been paid as witnesses, but that they have had inducements held out to them, and that the Marshal knows it ; and’he contended that the more needy the witnesses were, the more difficult for them to resixt the temptation. He, therefore, had a right to cross- examine the Marshal, to show that he was an officer of the government, who paid those men to denounce citizens as engaging ina warlike expedition. Mr. Hoffman did not dispute the principle of the gentleman. When My. Burtnett is produced they ean impeach him; they canimpeach oach witness, if they can. He objected to their ‘sa over the whole barrel of beef ; but sub they should impeach cach witness as he appears on the stand, and not in this wholesale way before they of pay- are produced. The Court ruled against the book being produced. Question by Mr. Cutting—How many persons claimed to be connected with this enterprise? [Ob- jected to, and not admitted. Witness continued—I understood Mr. O'Sullivan when he said that he would come to my office if I sent him a note, to mean that he knew he was im- plicated in this affair, and he did not want to be ar- rested; I sent my son for him, and he came imme- diately on the intimation. f Q.—Have you paid any money on witnesses tickels for periods longer than the times for which they had been really subpcenaed, and attended as witnesses. [Objected to, and the Court ruled that it was not ad- | missable. 5 ‘ Question by the District Attorney—You have said that Burtnett told you he was employed by Mr. O'Sullivan to do certain things—state what those certain things are? ‘A.—He said he was employed by Mr. O'Sullivan, and the other gentlemen—Major Schlessinger, Capt. Lewis, and Sanchez—to convey acertain number of people—say 200 or 250—from the foot of Kighteenth | street, North River, to @ point laid down on this chart, a little at this side of the Horse Shoe. (Chart oduced.) In San bay the Cleopatra was 0 lie at anchor; he }) was to bring 200 or 250 men, and put them on board of her; that is what he told me; and, further, that he was to bring 150 men from Amboy to the same_ point, for, which ho was to reesive £0 much per head; I forget how much he mark ’ Q- these ‘were fort Br. Outing ol to the question in that form. | tiem made up ds cmenteet de pRMnpwe. whee EE | Adjo ‘wi lid | they say the men were fort ws | morning. ir. Van Buren submitted that what Burtnett said dot A.—He was to put the men on board t pe at that point where I have marked on the chart; he said that Oaptain Lewis and Ca) eon were to take charge of the veesel there his duties were at an end. William T. Rogers was then sworn, and de I reside in Jersey eity; I know Mr. O'Sullivan some four or five years; I know Capt. Lewis since and Jast; I might possibly have known him in the mont! of April was one of the persons alluded to b; the Marshal as paring oes arrested on 26th April; T bad known him at ! two or weeks before I was arrested; I know Louis Sehlossinger; I know him at the time of my rrest. Q.—Did you ever sec O'Sullivan, Lewis aiteret in eompany together? A.—I have, at hen, and a different places; one was at tho house of Mr. San- cher, in Eighth street, or Ninth street; anotherat a coffee-house, in Warren stroct; I do not know the number; I think it was a Fronch coffee-bouse; I don’t know that I saw them together more than twice or three times before the arrost; I think Burtnett was in their company one time; I saw Burtnett in their romnred at that same coffee- houso; I knew Mr. O'Sullivan, well; he married a cousin of mine. Q.—Did he ever employ you to perform any services connected in any way with the steamer Cleopatra? A.—He did; I don’t recollect the subject of the interviews betwoen those gentle- mon when I was present; I know what part I had in it; my interconrses were with Mr. O'Sullivan; I had nothing to do with the others, except gencral conversation; Mr. O'Sullivan employed me to pur- somo provisions, to put on board the Cleopa- tra; he gave me a list at difforent times of what he wanted; I bave not those lists; they were only slips of paper, and I suppose I destroyed them; I executed the order; the provisions were sent on board the Cleopatra by me, and tuken there by the mate; thoy consisted of beef, pork, beans, coffee, and rice; the beef was in barrels; 1 don’t recollect how many; there were more than ten; I think there were 20; I don’t recollect if there were any should- ersof smoked becf; there were say ph iog'4 barrels of beans; seventy or eighty barrels of bread; there Was sugar, tea, wine; I don’t know what description; there were four quarter easks of wine, I think; I think there were two or threo boxes of tea; I think the purchases amounted to about $4,000; I took vouchers and receipts for the amounts that I paid; [ gave those vouchers and receipts to Mr. O'Sullivan; I paid for the articles. Q.—Who furnished you with the money? A.— Mr. O’Sullivan; I purchased some blankets; I don’t. recollect how many; I should say between two and three hundred; they were common blankets; I think they were gray; they were put up in small packages; I don’t know whether I bought them from an im- porter; Idon’t know if they were changed from tho importer’s packagos; I also bought horse shoes; three or four kegs of horse shoes and two pounds of horse shoe nails; they were put up in small bundles; I think they were then put in a bag; I did not buy anything of Messrs. Hoe & Company, in Gold street; I got some things there by Mr. O’Sullivan’s direc- tions; I think Mr. O'Sullivan told me they were Printing materials; I did not pay any money there; bought some powder; I ordered it by the direction of Mr. O’Sullivan; I ordered about twenty-five kegs to be sent on board the Cleopatra; I bought some tin plates and cups, from Windells & Co., of Maiden lane; I bought some shoath knives there; I guess about 200; I'did not buy any musical instruments; I believe there were some put on board; I can’t say that I saw them; Mr. O’Sullivan told me to ship a box, which he said contained musical instruments. Cross-examined by Mr. Cutting—The tin oups and sheath knives are such as are used by sailors at sea; I did not buy any flints, nor avy cartridges, nor ean- non balls, nor lead, nor pistols, nor guns, nor any weapons of any kind. Q.—When Mr. O’Sullivan em- ployed you, state whut he said was tho object of those things. Mr. Hofman said any directions Mr. O'Sullivan gave respecting the purchase of the articles, would e admissable; but what Mr. O’Sullivan gaid as to where the goods were to go, was not testimony le- gally to be adduced on the part of the accused, though it would be competent on the part of the pro- secution. Mr. Cutting contended that it was admissable, as obaracterizing the employment. The Court ruled that the party could prove all that was said at the time. Witness continued—Mr. O’Sullivan said the vessel was fitting out to carry some emigrants to Texas, and he wished to know whether I would purchase some provisions; I suid I would; he told me what to pur- chase; where to sendthem, and how to send them; and gave me money to pay for them; I don’t know that there was much more took place on the first conversation; there was considerable talk that time in the papere about a Cuban expedition, and I was afraid I might get myself into trouble; but Mr. O'Sullivan ustured me ‘it was a perfectly legal and legitimate enterprise. To the District Attorney—He did not particularize the part of Texas that was to be colonized; he did not suy that there were any women going with them to colonize; he did not say to what uve in the settle- nent the musicul instruments, or the nails and horse shocs, would be applied in Texas. Benjamin H. Tallmadge, examined by Mr. Hoft- man, dep —TI am deputy Marshal, and son of the Marshal; I went on bourd the Cleopatra on the morning of the 24th of a for the first time; it was ona Thursday; I think it waeabout five o’clock in the morning; 1 found two men on board; they were at work at the engine; Iremained there fifteen or twenty minutes, but did not do anything of any consequence; I do not recollect if I left any one on board; I merely took a superficial view of her at that time; I saw a quantity of coals, boxes, barrels, and water casks; she had a large quantity of coals; there were about twenty or twenty-five water casks; some of them were eovered with coal; I do not re- collect whether any of them were full; 1 went on board about twelve or one o'clock at noon of the same day; I then made a slight examination of one or two of the boxes, and one or two of the barrels; I aw not positive whether I went again that evenin, or the following morning; when I went on boar the second time 1 saw a number of persons whom I was not acquainted with; shortly after 1 went on board two persons—Mr. Burtnett and Mr. John O’Sullivan—came on board; when I made the ex- emination—either Thursday or Friday—I found that the heads of some of the barrels had come off by my walking on t , and that the barrels contained hard biscuit; one or two of them, I do not know how many; there were sugar boxes contain- ing bacon; I do not know how many; the next time I went on board I found that one or two boxes had been opened; one of them contained musical instruments; there was a label on it stating where it came from; that’s all the mark I receollect; they were brass instruments; wind instruments, trumpets, horns, &c.; there was another box, marked on the outside, ‘‘ coffee mills,” which contained tin plates; I should think the box would contain 150 or 200; I did not count them; the box wae full; another box contained India rubber canteens; I should think, from the size of the case, there were somewhere about two hundred in it; there was another box with a similar mark to the box containing the ean- teens, but which mark I do not recollect; I did not open it; I don’t recollect anything else; my impres- sion is that Mr. Burtnett and Mr. O'Sullivan left the vessel before [ did; they came on board to- gether; but 1 do not recollect whether they went away together; there were some bales containing blankets; to the best of my recollection there were two: they were closely pressed; I went on board again on'Sunday; [ then searched and found some- thing else; on Sunday, in the emall cabin, at the rear of the lower saloon, I found powder; I found it near the partition that separated that cabin from the ‘recabin; the powder was in kegs; 24 kegs; I do not know, but j should think each keg would hold about 20 pounds; these kegs were in four boxes, six kegs euch; there was no packing inside; the tops of the boxes were citber nailed or screwod down; there was a diamond mark and another mark outside these boxes, and they were numbered 1, 2, 3, 4; Lopened one of the kegs; it was coarso powder, quite coarse; I should say there was not room to put anything round those Koes, peeks there was a space between them; I sent the powder 's Island. id not go into the small cabin soloon; I don’t think I went in there the second time; the vessel was fust to the wharf; I don’t know what the men were doing to the engine; I do not know that it was out of repair; Tsubscquently learned that they were Redman’s men; 1 went ‘subsequently to the vessel to attach her; 1 had no written process; I had my orders from | the Marchal; I notified one of the men’ that ehe was attached by the United States Marshal, and that he must not leave; I don’t recollect that I left any body in charge of her at that time; I was not there again before noon that day, and, so far as I ob- | served, I found the thingsin the same condition; T should think that none of the things were removed between my first and second or second and third visits, unless some of the coals might; 1 don’t recollect that I caw any medicine chest; I did not know that Mr. | Burtnett was coming down there before he came; I went after Mr. O'Sullivan on Saturday; I think it was Thursday I saw him on board the boat; on Saturday evening I know Mr. O'Sullivan was at the | Marshal's office; 1 do not remember whether I saw him when I went to his house; I think I did not; my object was to arrest him or request him to call; [ suppose I had a warrant to arrest bim, or I should not have gone to do so; I am eure J had a warrant; I do not reeollect now whether the berths were made up or not; I don’t remembor hew many berths teahe Meareeat wench <ammenee against the defend- ants. | Q.—What did Burtnett say he was employed to | in Wil- | t time; I had known him | | THIRD DAY. | Maren 10. oe rg” pn ex the » sa in the olive * co aoaaaat 4 tates Dietriet tiormey “| have been so since the present ttorney received his intment | the present time; I condi the business | Office prineipally during the month of Aj 365), with consultation with yourself; I business as to the Cleopatra; om the day of the are sent of the accused, which was Saturday, in April, and I think the 26th, I received certain | was present on their delivery to the Marchal, ot my request, and which I bave here and can identify 5 the envelope on these papers has written on it, ip my Lisgresi | “Papers taken from Mi Benton | singer, April 26th, 1861;” they were wm in the office im: ly after his arrest, he having | been brought into the office, by the officer whe ar- | rested him, somewhere about one o’olock in the I have looked at the papers, and the; with my recollection of those that I then je (Papers jueed and marked from 1 to 6.) Wit- ness eontinued—On the sven of Saturday, 26th, Mr. O'Sullivan handed to the Marshal, at my request, the rs contained in this envelope I now produce, and which has marked on it in my hand- writing, ‘Handed to the Marshal by Mr. O'Sullivan, April 26”; besides there papers there wore two ae counts which I kept for some time, and whieh I len to Mr. O'Sullivan, who gave a receipt for them ; be! were to have been returned in a few days. The District Attorney—Mr. O'Sullivan says be will bring the papers to-morrow. [Mr. O’Sullivan’s re- ceipt was marked No. 7, and the other papers marked from 8 to 11.) Witness tontinued—On tho 29th of April, in eom- panyswith the Deputy Marshal, Benjamin Tallmadge, took from the steamboat Cleopatra a valise, am rent for Major Schlossinger; in his presence, and with akey, I think peoduced by him, though Iam not certain that it was not in the hands of tho Deputy Marshal, I opened and took from the valise papers, (now fatesen) and marked them “ Taken irom the valise of Major Schlessinger, April 29, 1851,” four of these papers, marked A, B,C, D, ¥ ean identify; the others were loose papers, and I can- not poritively as to them. [The Court marked those papers from 12 to 15.] Witnoss continued— The valise was full of wearing apparel, and after I took the papers from it I returned the valise to him 3 these loose papers have been frequently before the Grand Jury, and have since Nien eee kept ina safo in the office; they have never beon changed, to m knowledge; they have been examined by counsel, not in my presence; those are all the papers I re- ceived from either of the persons in the indietment ; these papers I have now in my hand were handed to the Marshal by Mr. Burtnett, (who was under arrest, in the prosence of Major Schlessinger, Mr. Lewis, ani Mr. O’Sulli [Papers murked by the Court, 17 and 18.] Witness continued—I received this bundle of papers (now produced) at the office of the Dis- trict Attorney, at that date; whother handed to me by Mr. O'Sullivan, or sent by him, I don’t recolleet; they are addressod to the District Attorney, and purport to come from Mr. O'Sullivan; they are signed by him; I don’t recollect by whose meena the came. [Papers marked by the Court, 19, 20, £ Cross-oxamined.—When Major Schlessinger eame into the office about one o’clock on the day of the arrest, he was accompanied by one of the Marshal’s officers; there was nobody else witb him; he bad no counsel with him; I asked him if he had any paper; I had no search warrant; I had no means of compelling him to produce those papers; I neithor exhibited nor threatened any force1 bad no means of compelling him to give them; they were volun- tarily given; there was only that there was any in- disposition to give; I claimed no property in them for the government or anybody else; 1 sai aching but what I have stated. Ge Tureen to Mr. O’8 livan, how did you know he was in possession of those papers? A:—I did not know it until he ae duced them; I looked ovor them that night; Ido not know if I looked at them before Mr. O’Sultivan; T did not claim them on the part of the government; Thad no compulsory moans of obtaining them. Q. ---Did you throaten him bofore he produced the pa- ders? “A.—I said eomething to him; the only em- barrasement is whether you would consider it a threat. Q.—You sald you lent one of those papers to Mr. O'Sullivan; has the title in them been trans- ferred from him to you or the government? A.—I gave it to him on the promise that he would return it; that is what I mean by lent; I went on board with the Deputy Marshal; I had no search warrant to search the valise; 1 had no judicial process; the Marshal, I now remem- ber, had the key; Mr. Schlessinger was not pre- rent when we opened it firet; I did not wieh to take anything out of it, except in his prosenee, and J sent for him ; I have no recollection of tellii him it had beon opened before; I am quite eonfident I did not ask him if there were any papers in it ; I asked him if he had any objection to its being opened; I do not think I asked him what the contents of the valise were ; I do not know how the Deputy Marshal got the key ; if I recollect rightly he hada bunch of keys. How did you know Burtnett had thore papers which he handed the Marshal in presence of Mr. O'Sullivan? A.—I knew from him, as to one of them, (the one marked 17,) that it was in his possession for several days; I had in eom- munication with him for several daye—perhape as long as Monday, or a little longer, before the arrest of the Cleopate, ulti mee chet erg Thad seen him almost daily ; I eq at the was on his person that oes, before he no; Ido not remember wi whose complaint the war- rant for the arreet of theso parties was issued; it is on the warrant I suppose; it was made on oath, and the complaint was handed to one of the Commission- ers; 1 suppose it is in our office or in the Commis- sioners’; I had not seen the Consul of Spain (Mr. Stoughton) on the subject; I had seen Mr. Chacon, a young gentleman from the Consul’s office; he is Vice Consul, I believe; I believe it washe that made the complaint. [The warrant was here produced, and rend by Mr. Cutting.) Witness eontinued— Chacon was in the office several times before the ar- rest; Burtnett was frequently there before the ar- rest; I have no recollection of seeing Burtnett and Chacon in the office at the same time. Q.—Before the arrest, did you communicate to Chacon what Burt- nett had:said, or to Burtnett what Chacon had said? A.—I don’t think I did; I do not think that the con- tultations of the office are to be disclosed. Q.—Did Chacon know that you were in communication with Burtnett? ‘The District Attorney contended that the Distriet, Attomey could not be interrogated as to the parties from whom he receives information of crime, and referred to 4th Washington Rep. U. 8. v. Moses and 2d Starkie, 400. Mr. Cutting, in his rept, id this was a trap set by Burtnett to entrap citi , and he wanted now to show that the agents of the Spanish government were acting in concert with this nag ee tee other paid agents of the government. He that the Spanish Consul conspired with Burtnett; that he was a paid agent, and that there was a stra- tagem to entrap these partie’. Counsel severely commented on the character of Burtnett. Mr. Van Buren followed, on the same eide. | The District Attorney — at considerable length, defending the eos of the government, and submitted that a large latitude should be allowed a public officer which ought not to be accorded to indi- viduals. He referred to Baldwin’s Rep. , 577, Johnson vs. Tompking and others. As a matter of public policy, the District Attorney contended that he wa: not compelled to disclose ‘ial communications, or the names ofinformers. He Hed the insinuations against the government, and submitted that the Spanish officials here were justified in protecting the interests of the crown they served. If Burtnett was euch a character a8 has been described, he would a8 in whoge company had he been found, and with whom was he correspon ing % , The Judge remarked that it was improper to bring into a question of law the merits of the controversy. It was exceedingly unpleasant for the Court to inter- rupt gentlemen of euch high sanding: It would be his duty to listen with patience to the arguments ; but for the future, he would confine the observations of counsel to the Cg eee under ai nt. The question here is, the District Attorney, by the dis pensation of Divine Providence, becomes sick. He employs an assistant to take charge of his business. During that time, certain re come into his hands, and he is broagnt on the stand to identify them. ‘There he stops. He is cross examined—and the de- fendant has a right to cross examine on all matters having a legal effect—but it does not follow from that that the District Attorney is bound to disc! the transactions of his office. "An individual eor cannot be made to disclose confidential cireumstances against his client. He may be called to the stand to testify to a particular fact; but be cannot be cross-examined as to matters of confidenes between him and his client. The question is, “ Did Chacon know you were in communication with Burtnett.” Is he hound to disclose that? On the prine plo of sound policy, it is not proper that he s! be hound to disclose it. Any individual has a right to communicate a fact to CT pert ng and he should not be held up to in tion for “ so. On these grounds, the Court thought it entirely impoli- tic, and would not admit the question. Mr. Cutting eubmitted the following as his offer:— “Mr. Evarts, the assistant and representative of the District Attorney of the United States, having been called and examined as a witness on the part af the prosecution, and he teatified as to his acts in obtaining documents and other bamees from the defendants, which have been y the court as to be read in evidence against the defendante thelr counsel were Pp! jing to cross-examine 5 \ioigr pale ge hanya — i f the District Dey, matters ‘eharged agsinst the defendants, when the