The New York Herald Newspaper, March 20, 1852, Page 7

+ AFFAIRS IN THE CITY. (Circalar of Bishop Haghes 2© THE CLERGY AND LAITY OF THB DIOCESE OF NEW YORK. Peseiy Beroven Breraren—I have been ad- @roseed, orally and in writing, by mauy imdividuals desirous of knowing whether, in my opinion, it would be expedient to forward petitions to the Le- expan of this State in relation to the project of a w now before that body regarding the mode of religious and charitable Catholic pro- State. It would be impossible for me ial and detailed answer to each of ave sought to know my opinion on this I will, therefore, give & general reply, medium, which I hope will be suf- Ido not deem it necessary to multiply petit: to the matterin question. Our fellow citizens of different denominations appeal, from time, to time, to the civilauthority of the State for such enactments as may cnable them to secure their religious and eharitable property in accordance with their own liar wishes and rules of discipline. The Catho- have never crossed their path on such oceca- sions with any vemonstrance or interference what- ever; and, although they have the right toremon- strate against the passage of any law, it would be in accordance with th urtesies of good neighborhood for them to exercise it in our regard in a matter which affects Catholics alone. So far as Tam informed, they have not interfered in the matter, and I have no apprehension that the Legis- dature of the State, if iterate nothing in our re- as ineonsistent with their obligations, will be Jiberal towards us than towards any other por- tien of their-constituents. And, for my own part, Eehouid prefer that the bill should be ‘rejected on ts own demerits than that it should seem to have een carried by any amount of petitions. The object of the bill is to invest the Catholic Arch- Wishop of New York and his successors, or any ether bishop or minister in the State, to holdin trust property which has been created or set apart for religious or charitable uses. It has been alleged that by such an act the Legislature would recognis ceclesiastical officers. But this the Legislature ha done over and over again. By the laws of the State the Catholie Bishop of New York and his suceessor are recognized in one act as ex officio President 0 ithe Board of Trustees of St. Patrick’s Cathedral Jn another act the Catholic Bishop of New York, fo the time being, and the Mayor ot Brooklyn for tho time being, are ex officio members in administerin the trust of the late Cornelius Heany, entitled th» Brooklyn Benevolent Society. Again, it has been objected that such a trust would confer on the bishop a dangerous amount of power, which might be abused. In yegard to this objection, the fact 1s that the law would only diminish and regulate a power which 2the Catholic bishops have already to an extent which is more than agreeable to themselves. The bishops of New York, Albany, and Buffalo are now le ally the owners in fee simple of nearly all the Beton en oveed able property exiting wishin thsly respective ecclesiastical jurisdictions. The Catho- lies, for whose benefit this property is held, have no Spaesbantic na as roars its security, but the bishops themselves feel it as an 0); nto be the owners, | \ in fee simple, of such an amount ‘operty 5 and it would be an additional seeuri(y t people, as well | asa relief t prelates, or others civcumstanced | f some general law were passed, by ght be transmitted in trust to their suc- vithout the necessity of providing against cies which result from the uncertainties of and of last willsand testaments. If some person hould imagine that this could be accomplished by local trustees to be elected from time to time, as is usually the case among Protestant donominations, our anewor is, that if we are entitled to religions equality before the law, we should be allowed tohold and manage our religious and charitable propertyin conformity with our own ecclesfastical discipline, and * net that of our neighbors. Under these circumstances, the cnactmeut of the Jaw, which is now under the consideration of the Logrslature, would be a great relief and advantage to the whole Catholic Py in the State of New York. Neither would it infringe, in my opinion, on the rights of our fellow citizens of other denomina- tions. Such an enactment has already been passed by several State Legislatures. I may mention Lestat Pennsylvania, Maryland, Ilinois, and Ken- t ves: Its net a little strange that while Protestants, so far as I amaware, have not interfered to prevent the passage, or at least the impartial consideration of the bill now before the Legislature of New York, fertain persons of Buffaloand Rochester, calling them- solves Catholics, have forwarded to Albany their special remonstranee. This is another reason, in wy opinion, why we should not enter on the course of multitudinous petitioning. ‘The very circum: etances of the case will make it apparent to the Le- isiatnre that all Catholics in the State of New ork, whoare worthy of the name, desire and would feehgrateful for the passage of such a law, although they should not deem it more than they have aright te obtain. As for the pretended Catholics of Buffalo _ and Rochester, | know them well. They are under the misguidance of a few obscure chieftains of fac- tion, whose consequence in their wards or town- ships would be annihilated if they did not propagate the idea among dupes more ignorant than themselves, that their pastors are a corporation of scoundrels, and their venerable Bishop a special and particular yogue. These chieftains may number in all about saliees: ‘Their dupes are J know not how many. They call themselves Catholics, but then the faith has departed from them, except as a shadowy re- membrance, which makes cowards of them still; so that they have not the courage openly to declare themselves Protestants. The Church would gain by their forsaking her, and their adhesion te any Pro- testant eect would be an acquisition not much to be beasted of. Whatever rights the laws have secured to them are not to be interfered with by any new jaw which should be passed for the protection of the yights of the great body of true Catholics through- out the State of New York. That their remon- strance abounds with falsehood I am morally certain, although I have not seen its contents, but I know them so well, I have so many of their letters, prov- ing that they hesitate at no falsehood which may serve their malignant purposes. It is hardly possible that the enlightened Legisla- ture of New York ean be at all imposed upon by such fractions of a faction, and it would be confer- » ring upon ther the distinetion which they covet, if we were to deem their remonstrance important enough to be counteracted by the petitions to which it would be no difficult matter to have appended the names of hundreds of thousands, who are really what they call themselves, sincere members of the Catholic chureh. There certainly could be no harm in forwarding petitions, as is not unusual in such cases, but for my own part I do not think it necessary. We have no * yeason to doubt the justice and the liberality of the Legislature in our regard, more than in regard to an, y other denomination. remain your faithful friend and servant in Christ, + Jonny, Archbishop of New York. New York, March 16, 1852. Publte Prosecution of the Art Unio NEW YORK SUPREME COURT. The People of te State ba New York against Abraham M. Cozzens, Andrew Warner, George ity and of New York, ss.—N. Bow- That he is Di Attorney for the city and county of New York; that he has read the fo: com- plaint, and knows the contents thereof; and the same is true of his own knowledge, except as to the matters therein stated upon information and belief; and that as to those matters, he believes it to be true. . Bowprrca Buon. Swotn to before me, this 17th day of March, A. D. 1852, Ina FLoyp, Commissioner of Deeds. ity and County of New York, ss:--A. Oakey Hall ing duly sworn, deposes and says, that he is Assistant District Attorney of said eity and county, That on the thirteenth re of March instant, at the request of the District Attorney of said city and county, and in behalfof the State of New York, plaintiffs in this action, he called at the public office of the American Art Union, in Broadway. That nage inquiry then and there for the person in char, of the same, one Joseph Monk represented himse! as then and there in charge for the managers of the said the Art Union. That the said Joseph Monk informed this deponent then and there, that the list of paintings set forth in schedule A., hereto an- nexed, were to be distributed by lot, on the thirtieth day of March instant, and at the same time giving to this deponent the said schedule A. That the id Joseph Monk represented the number of sub- cribers to be twelve thousand and upwards. And further deponent saith not. A. Oakey Haun. a, Worn to before me, this 17th day of March, A. ‘D. 1852. Ina FLoyp, Commissioner of Deeds. The People of the State of New York against Ab- vaham M. Cozzens and others.—Upon reading the summons and verified complaint, and schedule A., and the affidavit of A. Oakey Hall, thereto annexed, autd the same being considered; and, on motion of N. Bowditeh Blunt, District, Attorney for the peo- ple, the plaintiffs in this action. It is ordered that the defendants show cause, before one of the justices of this court, at special term thereof, on Saturday, the twentieth day of March instant, why an injune- tion should not issue. restraining the defendants from in any way disposing of their property men- tioned and set forth in schedule A. of the complaint. And let a copy of this order, together with copies of all the pre in this action he forthwith served upon each of the said defendants. {Signed.] H. P. Epwarps. Common Council. BOARD OF ALDERMEN. Mancn 17.—This board met at the usual hour. Mr Compton, President, in the chair. The minutes of th last meeting were read and approved. PETITIONS REFERRED Of David D. Wheeler and others, to erect blocks 0 anchors at the foot of Troy, Jane, and Jansevoort streets for a sewer in Thirty-fifth street, from the Eighth to th Ninth avenues; for lease of vacant lot in rear of the con- Uap ated engine house No. 118 Sullivan street; for paving Thirty-ninth street, between Madison and Ninth avenues; remonstrance of over one hundred and ten drivers and mechanics employed in the omnibus establish- ments, against divesting the Mayor of the power to grant omnibus licenses and changing the existing regulations of omnibuses; of property owners for a sewer in He street, from Rutgers to Jefferson street. to connect with nae NOW in Jefierson street. ner, appointing the first day of May for the actual ig of Liberty street. Referred tothe Committee on Streets. A communication was received from the Comptroller in relation to payment of assessments in advance of their fe rec Reterred to the Committee on Law Depart- ment. Ald. Barp moved to take up the Report of the Com- mittee on Ordinances to amend an ordinance orgs the departments of the municipal government city, by striking out the words “ Police Department,” and inserting in place thereof “Department of Streeteand Lamps,” in relation to the Bureau of Inspection. ‘The board then adhered to their former action, notwithstand- ing the objections of his Hon. the Mayor, by a vote of 15 0 5. Ald. Tiemany moved that the subject of the Jones woods as a city park be taken up; and that, nothwithstand- ing the veto of the Mayor, the board adhere to its former action in the adoption of a resolution, requesting the Legislature to suspend any action in the matter of taking Jones woods as a city park, until directed by the Common Council. The motion was carried, and the former action of the board adhered to by a vote of 13 to 7. Ald. Tiemann further moved that the Mayor's veto on the gas bill, sent in last year, be taken from the table and ot to the Committce on Lamps and Gas, which was carried. Ald. Sturtevant contended that the action propseod would be irregular, inasmuch as the veto was sent to another board ; and to bring the subject before the pre- sent Common Council, new matter would have to be pre- pared, Upon motion of Ald. Swiri. the veto was then laid on the table. REPORTS ADOPTED. Of Committee on Lands and Places, in favor of building protection wallsin Potter's Field, Forty-ninth street, be- tween Lexington and Fourth avenues, J ERRY AT THE FOOT OF WALL STREET. F Report : Jomnittee cS Wharves, Piers. and Slips. in favor of granting lease of a ferry at the fo with the following resolution:—> PRE Wal teers Resolved. That a lease of slip at the foot of Wall street, orso much thereof as belongs to the Corporation, to- gether with the northerly side of pier No. 15, and also a ferry lease, with privilege to establish and run a ferry from that point to the foot of Montague place, or the foot of Joralemon street, Brooklyn, be granted to David S. Draper and John E. Devlin, for the term of ten years. from the first day of May, 1852, at an annual rent of $4.500, with power to regulate the same from time to time by the Common Council; raid rent to be paid quar terly, on the usual quarter days, and to commence when said commence to run said ferry; the said lease to con- tain the usual covenants contained in ferry leases; and, also, that said ferry shall be immediately put in operation; and unless said ferry shall be put in operation within eight months from the passage of this resolution, that said lease shall be cancelled; and that, in the meantime, the said lessees shall only be required to pay rent for said slip at the rate now received therefor by the Corporation. Upon the presentation of this report. Alderman Drx- man moved that the same be laid on the table, as num- bers of the Board seemed not to have satisfactory infor- mation as to what the bids are, and who the bidders are. He would ask whether they are legislating for New York or Brooklyn’? Are they going to establish another line, by which residents of the city will be removed to the other side of the river, by which our taxpayers will be thrown into Brooklyn and the surrounding cities? 'This isa point which should command the attention of the Alderman Tiemann moved that $16,000 be inserted, in place of $4,600, which was lost. Alderman Woop moved to insert $6.000, which was lost. Eph eke Denman moved to insert $6,000, which was al . Alderman Tiemann moved to amend the resolution by erasing all after the word resolved, and inserting “that the Comptroller be directed to advertise for the highest bidders, for the privilege of running a ferry from the foot of Wall street, at the rent of $4,500 for the space of ten years.”’ This motion was lost. He then moved that the whole matter eh ta) at auction to the highest bidders, remarking, that he heard nothing about the report coming before the Bourd this evening. Alderman Srurtrvant.—There were only two parties who applied for the lease of the ferry, and it was awarded to the highest bidder, which was $4,500. Alderman Drxmay.—It appears there isnot a member of this Board who is acquainted with the action of the committee. In such an important matter as this. the committee should have first reported whether it was right and prudent to establish such a ferry. and then to have given their estimate of the sum. But there is nothing public in it. Alderman Wanp.—The whole object of this discussion is to have more light on the subject, He cannot under- stand why members are so anxious in hurrying this re- port with such rather indecent haste. He would move that the whole subject be laid upon the table. to be made the special order for Friday evening. This motion was ost. Alderman Tiemann then moved his amendment, that. the whole matier be put up at auction ; but it was also Jost. W’. Austen, Nathaniel’ Jarvis, Jr., Robert Kelly, Benjamin H. Jarvis, John H. “Austen, William H. Appleton, Evert A. Duyckink, Heary J. Raymond, ‘liam A. Butler, George Tvedwell, Erastus Benedict, William B. Deen, John P. Ridner, Wm. J. Hoppin, Marshall O. Roberts, Frederick A. Coe, Ogden Haggerty.--To each of the above named de- feudants and ajl of them:— You are hereby summoned and required to an- swer the complaint in this astion, of which @ copy is herewith served upon you, and serve a copy of your answer on me at_ my office, No. 25 Chambers atreet, in the city of New York, within twenty days after the service hereof, e ec of the day of snch ive; and if you fail to answer the complaint as id, the plaintiffs will apply to this court for lief demanded in the complaint. N. Bowprren Bruun, District Attorney tor the People. , 1852. COMPLAINT IN THE ABOVE PNTITLED ACTION, The plaintiffs by N. Bowditch Blunt, Distriet At- ‘y of the eity and eounty of New York, eom- That the defendants above named are the ain association, incorporated tate. exiled “The American Art Dated March plain inanagers of a ce the lawswf this Union Thi # violation of the laws of this State, the said defendents, as such mana, « the said Dis- trict Attorney is informed antverily believes, bave offered for public distribution by lof, a large nuw- ber of paintings specified in (he schedule hereto an- nexed, marked © 4 i ntiff* make part of this complaint id paintings being of the value of twenty thousind dollavs ain That the time appointed for » Jot..as the said Qistrict Att verily believes the 20th da Thet the price per shar said distribution, we the informa and verily believe h, 1852. Y @ chene Attorne vllwrs. That the wnmber of me neng whom suid shapes, tickets, and oh ws are distributed, or Who aeo entidled to part in suid dis tidbution, ve npwards of twelve thousand, ¢ said Distviet Attorney is iuformed and verily hee Hieves Whevelore the said playtifis, by their said Dis trie my anoréer and decree of injunce tier the aforesaid dixtvibution by lot, their favor cvding to the eta aval rvirled, the ree aud y aforesaid, and A, hereto annexed, utings whocdate and wade part bereot. sed for alt other reliof de gasnieied by the premise Bownrrcn Bier yrmed and 4 After some further remarks. the question was put, and the resolution granting the lease of the ferry to Drapser and Devlin, for $4,500, was adopted by a voie of 15 to 5. RESOLUTIONS ADOPTED. ‘That Sixth street. from First to Second avenue, be lighted with gas, That Oliver street be lighted with gas, forth- with, That the farther sum of $500 be appropriated to defray the expenses of the Common Qouneil, incurred in celebrating the birth-day of General Washington, That Theatre Alley be lighted with gas, ‘That the pump be re- moved and the well filled on the eorner of Twenty-fourth street and Lexington avenue That the old portion of the middle pier. between Vesey and Barclay streets, North river, be rebuilt. RPLIEF OF BROADWAY, ‘ Whereas Broalway. below the Park, having been ren- dered almost impassable in certuin portions of the day, by reason of the increase of omnibuses and stages in that.lo- cality. making it almost impossible for pedestrians, as well as carts and carriages. to got acrosa Broadway without, delay, And whereas such increase in the number of om- nibuses has rendered that portion of Broadway very dan- gerous to life and limb in crossing; and, whereas, the Mayor has recommenced a reduction of omnibuses travel- ling below the Park, in Broadway, in his annual mesaage to the Common Council, therefore. resolved. that it be re- ferred to the Committee on Ordinances to report to this Roard an ordinance. restricting one, two. or three of the lines last gi i now travelling through Bre y to the South ferry. low Park, in order to relieve, to some extent, that por- tion of Broadway After the paseage of sundry papers. the Board then adjourned (o meet on Friday evening at five o’elock Brooklyn City In elligence. Bioore and Justices March 17.—William ov grand larceny. im robbing a Mr. » | Pottinger, of Williamsburg, of $800 in bank bills on the | 9th December last, was brought up_ for trial By consent }.of sel, thi orition of William Brown, who has | heen confined in jail ae a witness since the commission of | the o we alleged was taken. and the trial was put off | for the term—(he bail fixed at $1,200. The follow. al onthe various indiet- and severally pleaded not ing persons were then arr ments found against them, guilty ob Fritz and Jobn Algier. jointly indicted for forgery in the second degree; John Assop. asswult and hattery upon fH, P. Miller, « police officer; Joseph Whit- | ing. grand larceny, Philip Lynch. manslaught phn | Sullivan and dames Di eny; Henry Adam Rupe, do: Walter P second offence | John dung. burglary; ent to Rill. No jury wae dixedarged unt Fiexvoe swnlt and battery ready for trial the ng at 10.4, M | | | ng. for 'd Marsden a revtdese Im Berg were found jn pos used reside at No. S35 yes of a similar ¢hars that elty. wh eed The ac- Other standing againet (hem hey (hey were taken by two ef Chief miununication was received from the Street Com- . y her board in advance, and a fee to a lawyer w! employed. That he did pay the stipulated amounts to the prisoner, and that the receipt for the fee had then been altered from $11 to $21, whereby he was defrauded. Felix Hart, beers f and counsellor, deposed that the receipt luced was his, and had been altered, as stated. Ann Fenety, for the defence, stated that she was present when the alteration had been made, at Woodfine’srequest, ie isoner having first given him a separate receipt 0. Mr. Spencer, for the defence. was proceeding to ie that no obligation was created by the instrument, tobng the case within the section ax one of forgery; but the Court interposed, observing there could be no necessity to esha where it bey but a care 0 a against oath, an parties equatly respectable, to all appearances; and, under their charge, the jury, without leaving their seats, returned a verdict of not guilty. ‘The Assistant District Attorney said if there was any corroboration of the young woman's evidence, the prose- cutor should be indicted for perjury. and counsel said he could produce that of another person, who was not now in this city, and the accused. Impudent Robbery.—Frederick Smith, a simple looking German, ill-clad and wretched, was indicted for stealing 44 yards of carpet from a store in the Bowery; anda wit- ness, Mr. George Mallory, stated he had caught him walk- ing away With it, and that he had leisurely stopped to rest himself. The only question raised was asto the va- lue; and this, Mr. Anderson, the proprietor, proved to be $33, the price being. in the trade, six shillings a Upon this the case was submitted to the jury, who found it grand larceny; and the prisoner, not being known asan old offender, was sentenced to two years’ imprisonment, the Creivblcadtarn the erty eould allot. A Discharged.—George Tait, ® young man, was arraigned for grand larceny, when Judge Becbe, addressing him, said that from representations made to the Court as to the respectability of himself and his friends—the latter having undertaken to remoye him from the evil influ- ences he had fallen under—they had been induced to re- lease him on his own verbal recognizances, hoping his fu- ture good conduct would render further action uoneces- sary. The Court adjourned till this (Thursday) morn- ing. Marcu 18.—Police Tacties—Detection of an Intended Counterfeiting Operation.—Joseph Thornton, a man be- tween 60 and 60 years of age, and Alvin (. Beardsley, about 23, were placed at the bar charged with forgery in thesecond degree. Ex-Recorder Tallmadge appeared for Beardsley, and A. A. Phillips, E: for Thornton, The ‘ounger prisoner was accompa by his wife. ‘The istrict Attorney opened the case for the prosecution, The prisoners had been indicted under the 30th ection, 2R. S., p. 672, for having caused or procured to be made or engraved a plate, in the form or similitude. &¢. ‘They had been impleaded with one Joseph R. Frang, anda fourth person, John J, Bell, had been separately indicted for the same matter. ‘The prisoner Thornton, livedin Ulster county, Franz just on the border or Sullivan, and Beardsley in’ Westchester. The theory of the prosecu- tion was that they having conceived the design, selected Bell as a fitting tool to carry it out. and despatched him to the city to procure the plates to be engraved of differ- ent banks, ‘The prevent indictment referred to a particu. lar one of $3 on the Unien Bank of Monticello, Sullivan county, While he was in this pursuit, the police got in- formation of his proceedings, and an officer procured him- self to be introduced as an engraver; and asit was necessary to convict,under the statute, that there should be an overt act committed, he feigned to comply with Bell’s wishes, and the plate in question was selected. ‘The accused con- tinued to pay the officer suins of money on account of the work, until the fifth February. when the plate wus produced, and « single fmprevion given to them. ‘They were then arrested, and taken to the Chief's office. Whui- ever might be said for the defence on the conduct of the police, such was the state of the law that it was necessary to bring the parties tojustice, and he thought considera- ble credit was dueto them for ferretting outan attempt at a stupendous fraud upon the public, Geo. W. Norris, sworn for the prosecution. deposed— Lam one of the police officers of this city. attached to the office of the Chiefof Police. On the night of the 13th of January I was introduced to a man by name of J. J. Bell, as an engraver; Imet him in a small office of Dr. Greeley’s, in Ann street; I never had spoken to Greeley at that time; I met Bell again the next evening, at the corner of Nassau and Spruce streets, by i teata ment, and went round to Mr. Vanname’s saloon, in Broadway, and had a glass of ale and some oysters; met him again on the evening of the 15th, at the same place, and he took me up to his room in Tammany Hall, where he brought up Mr. Thornton, and introduced me; he had asked me if Lhad any objection to be introduced to “ his friend;” I said, certainly not. and he introduced me as the man he had spoken to him (Thornton) about; I had ‘book of dics and vignettes, and a counterfeit plate; I showed him the impressions of that plate, and. after they shad examined them five or ten minutes. they seemed very much pleased with the way in which it was got up, and J left them. making an appointment for the next evening; I left officers Ktefe and Bell to follow Thornton and Bell when they came out; went to Tammany Hall on the evening of the 16th, and found them both waiting; they had previously eaid they would be ready for me, or to give me the order, or “ to give me the job)” that was the language; after I had been in the room a few mo- ments Mr. Thornton took some bills out. his pocket- book. and weall examined them; Mr. Bell preferred the $6 bill on the Blackstone Bank, and Mr. Thornton the $3 bill on the Union Bank of Monticello; Mr. Thornton gave as his reason, that he lived in or near the county, and he wanted them made. if I could, so that they would pass in the bank, and I said I thought I could give him a good job; he said if men were only honest together there was no fear of detection, and I said I thought o too; they said the object was to take the money inte Canada; they did not intend to pass it here; the Stree dollar bill on the Bank of Monticello was selected; the bill produced was the one handed to me by Thornton [a three dolla bill of the Union Bank of Monticello]; when he gave that bill. he gave me twenty-five dollars; he was to 4’ me one hundred dollars. Q.—Have you that moncy? A.—No. (Laughter.) District Attorney--That was good money? You used it for getting the plate? A.—Yes. Examination continued.--I was not pleased at Mr, Thornton's handing me twenty-five dollars; I wanted fifty dollars on the spot, and Mr. Bell was to meet me at the same cellar on Wedndsday next; Mr. Thornton had a promissory note which he showed me; I was to make one thousand impressions; some other officers wore on the watch; I went to the place appointed, and Mr. Bell did not come; I was at home sick, and heard that Mr. Bell wanted vo see me; I went and saw him; Bell told me he ‘was not going. Mr. Tallmadge objected. Mr. Thornton was not present; and even if they connected the two, as Bell was not in- cluded in this indictment, it was not legitimate evidence. (Admitted as to the three dollar bill coe) Examination continued.--I received five dollars then from Bell, on account of this engraving; that was Friday, 23d January; I never saw Thornton again till he was arrested; I saw Bell the next evening. at the corner of Nassau and Spruce; on the Friday we had some difference about it, and I told him I would work as longas I got the money, and no further; and on the Sa- turday, as he wanted to see how far I had got on with the plate, I brought it, with the centre vignette on, to his room at Tammany Hall, and he gave me $10 more, which made $40; on Monday I met him at Tammany Hall, and he gave me the remaining ten; he wanted me to hurry up the plate; I did not see him till the Friday, when J waste get him a couple of sheets of blank bank note paper. as he had a man practicing the signature to the Dill. and he wanted it for him to practice on; I bought it. and took it to him; I told him, at that interview, I had had some bad luck--that the man who was getting up the dic for the “3” was burnt out. and I could not get up the plate; he asked me to see the man, and try; but I said T did not think he could, as he had_no tools to work with—but I would see the man again that day, and see him again in the evening; I took him a die in copper, which I told him I could alter, and asked him whet! should go-and finish it, and he said “Yes;"’ Lleft him with the understanding I would be ready by Wednesday next, February 4; he suggested I should have 3,000 impressions, making $9.00; I could not get the printing done as he wished, and I went to Soh) Hall with two or three. and found him in company with Mr. Joseph Franz; he said he had just come up to town, and had no room, but had permirsion Sf totkat of his uncle, Mr. Franz, No. 63; we went in, and I took out the impressions; he seemed much pleased with them except the sheaf of wheat on the right figure, which he wanted heavier; he took one of those glasses they use at watchmakers. and wanted me to try it; but I did not like, ax I thought I could not hold it in my eye; a knock came to the door, which was locked. and we crammed the bills, glass. &.. into eur pockets. Two gentlemen came in, whom I did not know. and T beckoned Bell. who went out to the Shade in Beekman street. where he dined. and weseparated met him in the evening at Taanm Hall and showed the alterations 1 had made, and made arrangement to deliver them next morning; | then asked him for $20 on and he gave me $12 which I said would do; L package iced, sealed up as now not going into Tammany Hall, [Plate p Mr. Tallmadge objected, The indictment the defendants caused a plate to be engraved In the simi- litude of a bank bill, and that indictwent set out the figures. &e,, which were forged. They now offered to in- troduce this plate—for what? Surely they would fall back on the statute. and xee what evidence was required, He then read the statute. and contended they could not make a tradition of the plate before they show the form of the one imitated; if so, the law would be ix nubibus. The District Attorney would first prove the plate pro- cured to be be mae by defendants, and then ke should prove the plate and impressions, and that this was assi- amilated. The Court thought it was merely a question of order ; they might call the witness again. Defendant's counsel objected that it prejudiced the ease ‘The District Attorney would not press it now. Witness continued— said he would prefer letting it remain till night. and that I shouid meet him at half- past six, as be withed to exemine impressions and see his friends; on parting with him I gave the signal for hie arrest. and officers Bell and Devoe (Chief's aids) arrested him, and he was taken to the Chief office; I came ii the back room where officers were searching him; Thorn- ton was arrested the same merning. at Harmony Hall; Bell searched him; T arrested Franz and searched him the papers produced I took from Mr. Franz (papers not shown, as Mr. Frang was not, as yet, connected with the transaction); he arrested Franz. and officer Bell arrested Beardsley, as they were talking together at Tammany Hall; they were taken to the Chicf's office, (.—Whiat did Beardsley say then ? Mr. Tallmadge objects, Beardsley had ovly been proved to be along with Franz, who was not yet himself connected | and further. he objected to any statement of any party | when under arrest, unless the statute is complied with Judge Beebe said the point was involved in some doubt and he wished they had a decision from one of owr Su preme Courts he District Attorney said the law was clear, unless yomiee OF inducement were beid out to the wit- my . He asked, I think, if he were convicted, and I said, I thought pee ‘The Dietriet Attorney would not press any Oross-examined by Mr. A. A.Phillips,—I wasintroduced to Bell by a man calling himself Dr. Greeley, on the 13th January; was not quite sure who said I was ‘an engraver, Greeley, or I, but Belland I seemed to understand it, ‘when we were merely introdueed; we talked on the side- for about ten minutes; the interview was very short; said he wanted to get up some “stuff” for himself to take into Canada; he did not mean them to pass here; said he wanted me to get 2 a die for gold coin, — Bogus coin; but he did not use that phrase; I told him did not talk to three at once; there ‘Was no One else talking, but an officer watching; I said job for him, he could not know my name, or Thad been into difficulty once, and as I did to be so again, was very careful; (laughter; », he said be was glad to see me so careful; he said something about Blackstone Bank; that was all; we made an ap- pointment for the next evening, and met him at six o'clock, and I exhibited a counterfeit plate and impression asa@a sample of my workmanship. Q.—What bank was that on? Witness objected, but Court directed him to answer, It was one on the Chester County Bank; I un- derstood it to be a forged one; it was not completed; the State die was not on. I carried on the deception with Beil, that | was an ¢1 ver; I am not an engraver. Q.—You carried onthis deception for the purpose of entrapping him? A.—I did it to see how far he would ; when he went on I certainiy did; at Tammany Hall I Si pedhin ite some plate; it was a $100 plate; Ido not know whether the remark was made, but 1 gave bim to understand it was my work. Se-Who engraved that plate? itness would not answer unless directed by the Court, Judge Beebe—You may answer it Witness—Delnoce, of Nassau street. Q.—Who struck them off? A.—I do net know his name; it wasin Fulton street; they were done at my re- § Cross-cxamination continued—I did not think Thorn- ton was yet at the Tammany; when I first saw him I brought the Chester County plate as requested for Bell's “friend” to see; nothing was said, but I understood Bell had posted him up, and I did not undeceive him; Mr. Thornton paid me the $25; Bell had nothing to do with the money. To the Court—I received the genuine $3 bill of which T was to give a fac simile, in part payment of the $25; the plate, when executed, was to be delivered to Mr, Bell; [ wanted to give it to them both tog but Bell said it would be all right; Thornton was not present; I did not see him again till his arrest. Direct resumed—The engraver was authorized to en grave the plate forthe purpose, William H. Bell, another officer of the Chief of Police examined by the District Attorney.—Went with officer Norris to No. 9 Ann street; he went in and came out with a person I afterwards found to be Bell; they sepa- rated, and I followed Bell to Tammany Hall, and saw him in conversation with several persons; saw him in the evening again, going up Broadway; saw him next morn- ing at ‘Tammany. and on the night of the 16th went with Norris; Bell and Thornton came out, and we went to Sweeney's, in Chatham street, and Harmony Hall, in Centre street. and there left them; I was in the habit of i going to see them; on the night of the 2th, after Norris came out, they went up Chatham street; on the 5th February, went with Norris, and arrested Thornton at, Harmony Ilail; I searched him, aud took the papers pro- duced. Mr. Blunt proposed to show some spurious bills found | on Thornton, on the City Trust and Banking Company, | and some other similar ones found on the others, to show connection. Mr. Tallmadge objected, and he would not press them he a The Court thought it was too remote, [With- rawD. Witness continued—He took the various letters pro- duced from Bell, and also the small glass (like a watch- maker's lense. ) The examination was here suspended, and Owen @ Hanks called, as matter of convenience. He engraved the genuine plate of the bank, by authority of Mr. St John, the superintendent; the genuine plate was in the bossession of the State. Q.—Is that bill in the similitude ? Mr. Talmadge objected on same grounds as before. — Evidence (admitted under exception) and witness con- tinued—There was some points of resemblance; some pre- tended to be simllitudes; but there were something not on the original; t3e securities at the foot were similar; the female figure differed, #0 did the die of the “Three;”? impressions produced were one from the genuine plate, and the other from the similated, (all admitted subject to exception.) William H. Bell recalled—Identified, sundry memoran- dum books and other papers taken from Beli; officer De- vor arrested Beardsley; I was not present when he was searched. Cross-examined—The door they came out ofat Swee- ned’s was & public door. Eljj. Devoe, another officer, sworn—On tbe 4th February saw Bell talking to Beardsley at Tammany Hall, after Bell had returned from Norris; J. J. Bell, the accused, went out and spoke to Norris, and came in again. and Beardsley gave him some money in bank bills, which he took to Norris; Beardsley remained talking to Frang; next morning saw Bell come out and converse with Norris; and Belleane running right into witnesse’s arms, und he left him with officer Bell. and went to Tammany Halland arrested Beardsley, a ; searched him and took the papers produced; (same o production of papers in tion. deferred) w letter was read from Beardsley; also a card coutaining « lot of figures and hieroglyphic, and the words “Union Bank of Monticello, Sullivan county.” put in evide at the Ck officer Beard ne voluntaril eked whether it thing; witness said it ight be too ed to. Witne: after his arrest gestion of the Court, the District Attorney would not reve { The Court here took # recess, AFTERNOON SESSION. On re-assembling, the last witness was cross-examined, All through this he understood Norris had represented himself as an engraver. He understood the plan. Some papers were here read by the District Attorney, which were found on Bell. They were principally private letters from Beardsley and Thornton, addressed * M. J. Bell. Keq..”” asking for “the right kind of stut $ There were also some from Frantz, some of them curious, advising him to look after “ them horses, and see them harnessed properly. also to look to their legs and colors— about three in a team.”* Newton Soarles was then called. He knew some of the defendants; did not remember speaking to Beardsley about money (his affidavit was here shown); did not re- member swearing he had; could not read; was employed ‘on the canal; ‘The District Attorney proposed to read his affidavit; he ‘was entitied to lead an unwilling witness. (Ruled out, and witness remanded to prison. where he had been de- tained. The District Attorney asked for a commitment Bis Peresy: ‘The Court reserved the consideration of this nt. “ir formal opening was waived, and William Colnell called for the defence. He was a farmer, living in the same part of the country; had known Thompson for some fifteen years, and his general character was good. Cross-examined—Had seen him in company with Frantz; had heard of a note for $1.200, said to be forged; had heard it was put in by Frantz; it purpoted to be signed by witness; it had not Mr, Hornton’s name; should not think it was signed by Mr. Thoruton; the letters shown are in Mr, Frantz’s wariting: the other produced isin Mr. Thornton's; it is dated the 8th January; did not know whether Mr. Thornton dealt in “ black colt#;"? he had two black horses (laughter); witness hrd heard af a bill in Orange county, said to have been a forgery on him, end bearing Thornton's name. (objected to, but ad- mitted on the ground that he had been sustained by hear- say and reputation, and it was competent to impugn him by some means); Mr. Thornton had told hig he had put his name to one for Frantz; that was put into the Goshen Bank; Thornton, did not know anything about wit- nessex name being on; had heard of the bill, and asked ‘Thornton. Geo, D. Cantine, of this city, had known Mr. Thornton for some fiftcen years. and knew of his general character being good, Neaham Frantz sworn—Resided at Franadale, Ulster county. gave similar testimony. Cross-examined—Was a brother of the aceused Joseph R. Franz; did not know of their being very intimate; did not know of Bell being there lately further testi- mony to same effect was adduced, and: Mr. H. A Phillips. counsel for Thornton. summed up He would first address the court az to the law. contending that there had been no legal proof that any plate of any bank or banking corperation had been imitated or assi- milated at all, and then. if their were any felony commit- ted. it had been by Morris, who had procured the plate to be engraved. by his own shewing; the conduct thioughout had been that of not a detective or preventive Police, but that of one leading on and inducing others to crime, inthe old “stool pigeon’ ‘system. of which they bad heard +o much. In a recent case in Kings county. it had been proved that counterfeit money had heen put into a man’s hand in order to charge him with a crime, and such things had:been done before by the police Mr. Talmadge commenced to address the jury on be- half of Beardsley, when the Court thought it was scaecely necessary. ‘The Distriet Attordey would not press the case against, Beardsley. and, with this intimation, the ex-Recorder briefly concladed his remarks The District Attorney replied, Mpa j the eonduct: of the pollee, who were all most excellent officers. He understeod conngel to allude to the ease of Drury, which was (lifferent from this, and one that he could never ap- prove. ‘There it was proved that the bills had been put Into his hand for the purpose and pressed upon him. } ‘The Judge charged the jury on the facts, adding they | had nothing to do with the morality or immorality of the officers conduct, if they found the genuine bill had been assimilated so faras the defendants could. or if the; had thought they were similating them it would be su cient. There was not sufficient to convict Beardsley as the ere thought and the District Attorney had’ as- sented After a short deliberation the Jury found a verdict of guilty as to Thornton, and aequitted Beardsley ‘The Court discharged Beardsley with a strong admoni- tiou, and. on Mr, Philip's application. reserved judgment, | that a Dill of exeeptions might he prepared. Sentence —John fourth degree in setting fire sentenced to two years imprt a respectable and genteel Court Nira! —Lhor vieted of stealing a cow, be Fighth avekue, on the 14 George Cox which he immedi ately drove te ure and killed A witne spoke of ber we and tated she was abc ein a month's t and it was to kill her The prisoner slated he bought her tor $9. and sold the to oue Tyrrel. for Waehington Market, for $0. It os found to bave been worth $45 or $40 The Court agreed that it wae oa sin’ even if + be mt bave known that it wae wie tre food. had no y for his bad speculation and eit a to the State's prison for two years. Mancn 19.—Conclusion of the Term—Discharge of the Grand and Petit Juries, and General Jail Delivery —This court closed ite labors for the March term this morning. when, after some very and trivial cases had been heard and disposed of, a number of persons, carcerated for various causes, Were discharged from tody. The Grand Jury presented a few bills of indictment and having pane St that ‘their business was concluded, were discharged with the thanks of the court. The fol- lowing is a summary of the pi Burglary.—John Masterton, convicted in the third degree. having broken and entered the store of John Sax, in Rivington street. on the 22d of February, and stolen some segars, valued at $5. Sentence, = years and six months imprisonment in the State prison, Petit Lavceny.—John Smith was indicted for stealing some clothes, the property of Samucl Sanstron, ‘The only question in the case was as to vulue, and the jury found it petit larceny only. ‘The court sentenced him to six months imprisonment in the penitenti: ‘Another.—Robert Strang aud John E, Brown, two darkeys, were charged with burglary in the third degree; but there being no evidence how they got access, they Fete also found guilty of petit: larceny, and sent to share Smith’s good luc Pleaded Guilty. —Peter Churchill, another darkey, admit- ted the soft impeachment of having possessed bim a neighber’s property. toan amount not exceeding that ofa pea larceny, and was accordingly sent to the sam insular retreat for six months, . ‘———— Diffieutt ‘The Boot on the other Leg.—Mrw table woman keeping a ste ‘The alleged charge was that she waylaid the daughter of the prosecutor on her way to school, and con. Yeyed her into the custody and possession of her (the child's) mother, from whom he had been divorced, To- day the defendant appeared to discharge her ree nixances, accompanied by several female friends, giving the dull, grim, dingy looking court quite a gay and un- wonted appearance. It was made to appear quite evident that the maternal parent was legally aud equitably entitled to the charge of the young lady, she having. for certain material mixdoings of the prosecutor, obtained the divorce against him, thus altering the complexion of the case altogether, The prosecutor reluctantly. and in a tacbry- mose humor, admitted the facts, The Court commis- serated his position; but no indictment could possibly be sustained. Under’ these cireumstanees, the Disirict Attorney. with his honor’s consent, entered a nolle presegui, and the lady was discharged. Prisoners Discharged—The Battery Murder.—Bernavad Bates, who has been held in custody on this charge, was released, the District Attorney not having been supplied with sufficient evidence to xend the complaint before the Grand Jury. The Late Charge of Rape, §c.—Vincent Tomassini, in- dicted for rape. and James Ward, indicted for burglary, and in each of whose cases the jury had disagreed, {es be- fore fully reported in the Hrnatn,) were also both dis- charged, as were William J, Classon, indicted for grand Jarceny; Miles Clancey. committed for abandonment; aud Nelson Scarles, the witness in Thornton & Beardsley’s trial, against whom a strong suspicion of perjury was entertained, but which, however, is incapable ‘of ‘proot, | even if the man be not what his appearance denoted—s mere simpleton. ‘The following were discharged, the bills having been ignored by the Grand Jury liam Dinan, George Brand, Mark L, Abrahams, Jacob Zalmuske, and Julia Wheeler, ‘The Court then adjourned till to-morrow morning, when it meets to hear motions only. The Alleged Cuban Expedition. United States District Court. Before Hon. Judge Judson THE CONTEMPT OF COURT—THE CASE OF BURDNETT —ALLEGED VIOLATION OF THE ORDERS OF JHE JUDGE. CONOLUSION OF TENTH DAY. Marcn 18,—On the re-askembling of the eourt, tho District Attorney» said that there was a letter marked No, 21, and identified by Mr, Evarts, which he (the District Attorney) had found in his papers, and as it bad not been read. he would proceed to read it now ; and he wished to say, that if there were any papers that he had omitted to read, he would do so. if the counsel would call his attention to them, Ie then read the fol- lowing :— New Yorx. May 30, 1851. To the District Attorney of the United States for the Southern District of New York—Nir :—Enclosed you have the affidavit required of me as acondition for the sur- render of the Cleopatra, now heid by the Marshal, in the custody of a guard of marines. And as you also wish that Ishould express in a letter what I have stated to you verbally respecting my intentions about the vessel, 1 thus state, that my present purpose ie to send her direct to New Orleans, where I contemplate putting her into the assenger and freighting trade, between that place and ‘exas, with a view toher making money in that business, until such time as I_ may hereafter see fit to employ her otherwise, Respectfully, your obedient servant. (Sigued.) J. L. O'SULLIVAN, Annabel Rakow was then recalled. The District Attorney called the attention of the Court to, the cross-examination of this witness on the fourth day of the trial. . Reads it from the Herald report istrict Attorney—I now produce a letter. and ask the witness if it is the one referred to by him in that cross- examination, Mr. Cutting objected toany further examination on that point of the testi mony. [Admitted—exception taken] Witness then.through the medium of a German interpreter, eaid—This ix the letter referred to iv my cros*-examina- tion; it is in the hundwriting of Mr. O'Suilivan; thiv is the letter which was handed to the District Attorney by Wied- erhold. ‘The District Attorney then read the letter, which was marked 43 :— To Carr. Louis Wirpernoun :--Sin--By virtue of authority derived from General Narciso Lopes. and in the name and behalf of the peopie of Cuba. I hereby pro- mire you a commission as captain of infantry in the arm: of the republic of Cuba, to be hereafter established, witl the pay and emoluments of the same grade in the United States service, dating from March 1. 1551. Signed) J. L. SULLIVAN Witness continued: Q.—What did Wiederhold say when he wasin presence of the District Attorney, aud prevented that letter’ i ae Van Buren objected to the declarations of Wieder- old. The District Attorney again referred to the cross-exa- mination, and contended that the whole of the conversn- tion which the defence elicited was competent, and a pro- per subject for the investigation of the court and jury [Admitted—exception taken.] Q.—Did you come to my office upon'the occasion of the interview referred to between the District Attorney and Wiederhold? A.—Yes; Mr. Hoffman, myself, the District Attorney and Wiederhold, were present. Q.—Did the District ‘Attorney, in the presence of those persons, make a memorandum of what Wiederbold said’? A.—Yes, sir; Wiederhold spoke balf in English and half in German; L corrected bis English, and the District Attorney took notes, Q.—Did you interpret to Wiederhold what the District Attorney had written down in the presence of Mr. Hoffman and the others? A.—I did; I introduced Mr. Wiederhold to the District Attorney. and he stated that he had been participating in the Cuban expedition; that he had received a letter from Mr. O'Sullivan by Schlessinger. a short time after Wiederhold was wit Schlessinger at Mr. O’Sullivan’s, and be requested Dr. O'Sullivan to furnish him with a commission; the District Attorney then asked him (Wiederhold) if he was in pos- session of that letter of which I had furnished a copy to the District Attorney a day previous; Wiederhold took out a letter and handed it fo the District Attorney; the letter was dictated to me in the German language by Wie- derhold, and I communicated the contents to the Distriet Attorney; Wiederhold said he was forced to this step, when he handed the letter to the District Attorney. in conse- quence of the bad or ill-treatment of Mr. O'Sullivan, who had not kept his promises towards him. left him entirely without money. he having been interested for the second time with the Cuban expedition out for the second time his port entirely destitut Q.—Did W: ceived this in the month stances as he had mentic derhold say anything of having show: O'Sullivan? A.—Under the cire erhold referred to, he went to Mr ter, and referring to and showing « mission, he desired some money. werenpon Mr. O'Sulli- yan replied, ‘*this is not my handwriting; Wiederhold said Mr. Van Vechten was present and took out of bis pocket and said, are you going to say that these also are not your signature 7” O'Sullivan did not reply. as far as [ean Temember. to what Wiederhold nid; Wiederhold. when relating these facts to the District Attorney. described all the motions aud gestures which accompanied that inter. view; Wiederhold then said that he took out of his pocket a cent, showed it to O'Sullivan, and said. ~ this ix the Last, cent I possess,” which, as I (witness) know. was entirely true; O'Sullivan replied, “ then you arc richer than Iam,” (Laughter.) Q.—Did Wiederhold apprehend any pro: cution against himself? A.—During the whole time Wiederhold had interoourse with t District: Attorney he feared he would be arrested; Wiederhold suid he wished tohave security that he should not be arrested or prose- cuted, before he made any disclosures; at this n it can't recollect anything else that has Wiederhold said on any other oc this letter and in relation to. this conversa jected to, and ruled inadmiseable Witness continued.-I kuow Mr. O'Sullivan; L knew Louis Schlessinger: acquainted with O'Sullivan at n of Mr. Schlessinger, 880 Broadway, sliortly be- (Letter, which was taken pocket pook.and marked 36, produced. | ‘ead this letter; [have seen it before; ld, near Lowell, Massschusetts, be lieve; it was in Sehlossinger's possession at the time T saw it; he first read the letter to me; he then showed it to me, and said, * T have reeeived this letter from O'Sul livan—he has only sent me $10.” ption to the eon- versation of Schiéssinger,] Schlessinger showed me @ $10 bill, and said, ~ this letter was handed to mein the par- and T would have been very @rry it the ladies thea t should have « that I fad only got $10." ughter.) Mr. Schoening introduced me to Sehles- this letter to cos which Wied- YSuilivan with hix lot- h letter or such eom- | singer Q.---Were you engaged by Sehlessinger in the Cuban expedition ? Lovgected to.) The District Attorney ehangod the question thus:—-Were you engaged by Sehiessinger in any military expedition’ [Objeeted to.) Q.---We gnged ty ie Schlersinger in any expedit ‘te Cutting said any expedition did not refer to the expedition of the Cleopatra District Attorney —The d hy Mr, Sehle QW expedition certainly; it wa first me to me some thing about a « Lanswered Schoening by say ing eho short time rwards, Capt Hebocving *id as military mau. should not Like (0 participate in 4 colonivations=L will in roceedings:— indicted for burglary, wax 1 | infant troduce you to Sechiessinger, agent of that rend sation, No, 380 xia T (witness) then went seo him; he (Schoening) there intredveecd me to Schlessinger as an officer; I com “ my conversation with him; Schlessinger then raid that I should not believe that he (Schlessinger) would take any part in a colonization for the purpore of clearing woods, or farming objects; he therefore would ask me whether I was inelined to join for a purpose whielt might turn out or which might become afterwards of military character; I desired to know where rueb an 6x- pedition woulll go. but Schleasinger said he could not tell as yet, but he would pledge his word, as an officer, thatit Would be suitable to my wishes—this was the first imter- view: Lafterwards met him several times; he then re= quested me to take the same room with him forthe par pose of assisting him in his arrangent took m) room with him; ina short time after my ing witl him we had « cony img © the eom- mencement of this him to state where we not tell—that is, be was not went to his trunk and took out a commission, Mr. Cutting asked if the paper was (o The District Attorney said that he did paper it was, and he did not care to Witness continued—I signature of that pay tents of it, He then took out of bis trunk # General Lopez; I said to him © Now, we Cuba.” [Pioture produced] That ix the p ‘The Court then said the hour for adjournm rived; he suggested to the jury and the counse! the pro- priety of adjourning early in the day for ap hour or 60, and then sitting until ‘clock. Tl ry thought i¢ would he better to sit while day light lasted. and the mat= ter was left open for discusiion until morning Adjeorned: to 104; o'clock my nrgi pon he maid he eonld be then 1 wow Hike ed to wtate a a large paper PLRVENTH DAY Manon 19.—At the sitting of the Court thie morning, Mr. Cutting said that, from asense of ducy on hin party and a desire for the due administration of justice, he wirbed to eall the attention of the Court to ‘a o stance with regard to Burtnett. and, while be spoke, he md his assistants from the yesterday, comunitted: pt of Court, in refase ting) was in- exonerated the Marshal charge, His Honor (the Burtnett to close custody for ing to answer a question ; and formed that the prisoner was seen last night. at half past eight o’look, in a house in this city, either drinking alone or iu company with others; ans past eleven o'clock, he was seen in a house in Greenwich sireety so that the ompany with two women, playing cv substance of this Court's on wil be and those measures which had been adopte per administration of justice utterly disregar (Mr. C.) said that he acquitted the Mahal, He attri- buted this violation of the orders of the Courtsto the facé that Congress had omitted to provide any jail for the federal courts of thia city, and this compels the Marshal to send his prisoners to Eldridge street prison, or to commit them to the custody of the Sherif of the county of Kings. He (Mr. ©.) had been assured that this man was committed to the custody of the keeper of the County of Kings prison. ‘The keeper of the prison, therefore, has been induced by some means Or other to permit him to cometo Now York, ‘The order of this court has been utterly disregarded, and its euthority wet at naught. He called upon his honor to sey whether puch flagrant conduct shall pass unnoticed. ‘The District Attorney said if this were a vrivate eause inwhich he was counsel on one side or the other, he would not feel bound to notive the circumstance, but at a public officer he deemed it his duty on behalf of the Marshal to say that he (the Marshal) had done every- thing that lay in his power. The difficulty arose S:cm the neglect of Congress to provide jails for th courts, The Marshal therofere cannot do m lodge his prisoners in one or other of the othe it the prisoner escape the Marehal is not ‘There was another difficulty in this case that was what authority this court had over the jailor im the county of Kings, Tho Marvhal has put in a receipt for Burtnett, signed by Lorenzo Miles, deputy keeper of the jail of the county of Kings. The difficulty ix one that they had met with frequently. Ina late caso—the mat~ ter of a fugitive from labor—the Marshal was compelled to place him in the City Prison, Writs of habeas corpus were sued out, aud the keeper of the City Prison was obliged to obey these writs rather than the orders of the federal courts. He (the District Attorney) should be very glad if this court had any power to punich the keeper of the prison of the county of Kings. that his he- nor would do so for this violation of the order of the court. Mr. Cutting did not agree with the learned District Attorney that this court had no authority to enforce ity orders, “He held that the court had two remedies, His Honor had ordered the witness into close custody, and. there was no doubt the Marshal was bound to obey this order. If the Marshal is to place the prisoner in close finement. he is responsible for the fulfilment of the order. He should hire a safe place, and he has his indemnity against the government which has failed to provide him with a proper place for keeping prixoner-, He (Mr. 0.) would not say one word agaiust the Marshal, for he had always received from him and his asivtanta the greatest courtesey and respect in his intercourse with that office, The District Attorney read from 9th Cranch, p. 85. to show that the Marshal was not responsible for the safety of a prisoner, when once he delivers him to the eustody of the keeper of the county jail This is not so with & sheriff, because the shoriff is virtually the keeper of the priton—the jailer is his deputy—he appointa, aud he eam remove him, and he is responsible for his acts, ‘The Judge said they necd not now delay the trial, be would take Une matter into his serious consideration and decide on it. Mr. Van Buren suggested that the Court should order Burtnett to be brought up now. ‘The Judge would. for tho present. leave it to the Marshal to see if the trast has been violated, and if 40, to provide another place for the safe keeping of the witness Mr. Rakow was then recalled, and his direet exa tion resumed. In continuation of the point of bh mony yesterday. he said—I then aaid to Schlesinger, “ arehiow oing to Cuba,”’ and he said to me, * Will you xo with us there too; 1 answered I would not gothere with- out knowing the conditions, whut we intended to do there, and how circumstances were there,-whether promising success or not; | was then obliged to show him my patents and commissions from Europe Ato me “5 engage you inthe same rank 5 he said my pay would b my horses, and if we were succesful, to eight thousand dollars; if not successful, T weuld got an employ in th Ishould keep it inade, I should not mention Cuba, but «ay it was colonization, in auch a manner aaa vort of military character would shine through; during all the time 1 boanted with Schlessinger, people came daily to be en- iste Mr. Van Buren «upposed the proper witnesses to prove thore facts, are the persons of whom this witness is now going to speak, [Admitted, and exerption taken} Witness continned— Daily persons came to get enlisted,and agents of Schiesein- ger brought persons. (on jected to.) Agents were engaged hy Schlessinger, who brought people there to he enlisted; IT must ranke the remark that, when first L went to board with Schlessinger, he guve me instructions te the effect that ifaeertain person should call, I should ieave the room, and leave both the porties alone; a short time be- fore, we left for Pittsfield; Mr. O'Sullivan came to Mr, Schlessinger; the latter gave me a hint to leave the room, and then I withdrew; several days were set down tor our departure, but it was always postponed. in conse- quence of want of ammunition, as Sebieseinger said, and of vessels and steamers; one diy several per- sons came and told Schlessinger that the enlisted men became impatient, were holding meetings, and that the: were publicly speaking about Cuba; during all the time staid with Schlessinger he received checks fer money, which. as he stated, came from O'Sullivan; I do recollect exactly where he told mo 80; I aawa chock laying on the window, and looking at the signature T first believed it to be Macuilen, and he said, No, it is O'Sullivan; I went ith Schlessinger at differont times tothe Bank of Amerien, corner of William and Wall «t henee he drew money; with this mi jails, Lae nrOpy may come Did you see the check #0 as to ‘A.~-At that time I did not ‘allivan so exactly as that jstake inight not be possible or a forgery committed; im the ce of Mr. Cledeek 1 asked Mr. O'Sullivan why he had given money to Schlessinger and not to us. where- upon be replied, “L can give money to whom I choose: if Schlessinger has puld agents with it. L cannot help it? Q—What did the nanie you sw on the cheek purport obet Mr. Blankinan objected. The witness had answered before that he thought it was Macailen. [Admitved, and exception taken.) A.—From the distanes [stood at frst, it looked like Macallen, but Schlessinger showed it ine afterwards, and 1 saw it was O'Sullivan Van Buren said as this was a paper. it she produced ‘The Court said the could net do *o. | W rosectition had not got it wed—Shortly before we went to Pitts. diet: a letter to me, jeh he about his position; that he had been obliged to break his word as an officer. and in r position: this letter is here in Court, r written in German produced] This is thedetter; ¢ dictated toute, and ix in my ed to the paper, It is not ad. Attorney said that he would prove. by #, that this papog was found in the possess sion of Mr, Schlessinger. Mr. Van Buren objected to the introduction of the paper, on the ground that it’ was not the act of either of the defendants. (Admitted, and exception taken | —What use did Sehlesioger make of this paper, you wrote in German? A.—fo took it and trans. lated fi into English, read to me the English translation, and said. “That will set right, these gontlemen;” I him whether the letter was for Mr. O'Sullivan; be vali yes, he will get it.” papa ; pe ! be nterpeotes, deposed that the he holds in his hand is a true translation o ientifed by the witness sha of the voaee ‘The District Attorney said it was translated rofede sor Anthon, who cannot wow be in court. sien (44) Tn order to make you full: ‘asment of my situation’ must Paya first arriving here. On the 26U company With you, with the s tions from the General to bring together four ben meu provisionally, and, according to later advices, more if possible, with auch desputeh that they might be a to depart from on the 26th of February, at the lat in these my instructions Cwaa, on the gth of February in @ conference between me, P.'S., and [., so mucb more fortified, aa the positive certainty ’ pressed that if Mr. P. should start from Impossible for him to joim us, Tho 2th of Fel arrived. We were all alarmed on account of the uot appearance of D.. as his appearance stood in intimat connection with our departure from here, and thus I forced, for the first time, to appear before offieers nd to appoint the Sth hut which indueed ma, being your owo words, nd L was & second time coms klaring oppesition to my military character, @ (ee Co break my word ia referemee to the dee men as a man Without prrpo r th 6th of March t h