The New York Herald Newspaper, March 25, 1852, Page 3

from the institution, but from the shances of the uncertain benefits which it promised. It is, there- fere, # gaming scheme, and suecessfal only by that means, and is itself one of the most efficient means of stimulating the passion for gaming in the eom- munity. Counsel would avk any gentleman what indueed bit to pay his sabsoription? was it love of | art? No; it was the mere hope Sf gesting one of the valuable pictures held owt as prizes. They say | it 1# their object to promote art; but he would ask | by what means were they doing #0? By means of the demoralization of the community. The Art Unien is a system based on the love of gambling in human nature, and is only a modification of that pernicious evil which led ‘to legislative prohibition | thirty years ago. Let the love of art be the basis on which this society is established, and all good | men in the society will support’ it; but let it not rest for patrona on the principle of the subscriber having a chance to draw a prize of great value their prospectus holds out. Will the law permit an association of persons to ad- Vertire to the public that they are about to acquire, say $50,000 of property, to be distributed by lot ; that to raise ihe money requisite to make the pur- | chase of this property, they propose to reeeive sub- scriptions of five doliers each; that each subseriber thall have a ticket for the sum paid, and one chance to obtain » portion of property, for each $5 eontributed by him. Can they receive the mone: under these proposals, buy the. ‘property under this promise, aud pat it up for distribution as prizes among these contributors, in execution of the ori nal contract, by the turn of the wheel of fortune, without violating the constitution and laws of this tate? Simple and easy of answer as this question may appear to be, it is the one which has been so aekeely igued, by judges, lawyers and clergy- men, by their written opinions and oral discussion, kefore this Court, and which his Honor was mow called upon to decide. As was said by a Sate distinguished member of this bar, if we may ever appeal to those perceptions of right and wrong, which are independent of ail learning, we may do so on this occasion; and no man ean hesitate to decide that such a disposition of property is invalid. But we are not left to the mere natural meaning an! force of words. Legislature after Logislature, for period of one hundred and three years betore thy convention of 1821 met to deliberate on this ques tron, had recorded their precepts, and the people of the colony, and of the State, had sustained and ap- proved of the injunctions of the law givers, and de- elared that no lottery for any disposition of private * property should be set on foot, and no pores pro- perty should be put up to be disposed of by means o any lot, game, or device of chance, within this State. In the view of this well settled and universally sus- tained public policy and public law, aber all lotteries exeept such as should be authorized by the State, and declaring them to be # common and pub- tie nuisance, is it to be argued, that when the con- tinued existence of that portion of the nuisance which was sanctioned by State authority became too injurious to public morals to be longer borne, and the framers of the constitution found it nee sary to make a prohibition of this species of gam- bling a part of the fondamental law,—that they enly intended to destroy that portion of the wuisavee which then existed, and to leave it epen to future islative diseretion to visit upon the community all the evils of all species of lotteries to which the State should not be a party, and which should be unregulated by law? Did any member of the convention of 1821 plead as against the sweeping language of the ore hibieien proposed to be inserted in the constitution, the cause ef printed lotteries, and the propriety of leaving the question of their existence open to future, fluctuat- ing legivlation? Did any member of that conven- tion suggest that when several parties have a com- mon interest ina property, which is incapable of physical division or enjoyment among all ef them, that it would be a convenient means of disposing of it, to devise some game of chance, through which ene of them should become sole owner of the whole, and the others should be deprived of all their inte- yest in it? Was it suggested that this might be the enly means of disposing of the family pictures, or the estates of intestates, or of winding up and dis- tributing the final results of copartnership or joint stock trading; that in such cases no owners were playing against the contributors, nothing was_de- ducted from the prizes by way of profit to others ; that nothing was sold by means of the lottery; that, it was only a mode of partitition among common ewners? Was it suggested that minor geods and hattels might be easily distribnted, but that pieces of property more valuable than any one share, and fewer in number than all the shares, might exist, and they could not be partitioned, except by lot, by means of which the large parcels should be given to a few, and the many be deprived of their property therein? Was it suggested that these modes of par- titioning among several owners, property held in eommon ought to be legal? If not, it must have been known that the able counsel of the Art Union did not oecupy a seat in that convention. He has declared his deliberate connexion not only that these things ought to be legal, but that they are now lawful. There were in that convention apologists for lotteries then existing, not for any kind of lottery which had been prohibited during ‘all their life time. There was a@ member who, not approving of existing lot- teries, thought an occasion mi arise when a lottery might benefit—as to build a church, or to promote art, &c. But on that occasion, his Honor, as a member of that convention, answered the suggestion in language which it cannot be doubted will be the language of this court, in construing the provision which it was then designed to insert in the constitution. It does not make any difference with the ebaracter of the institution, that by the economical direetion of their funds, they are able to give to eaeh of its members the full value or more than the value of the sum subscribed. That does not alter its character. Counsel has endeavored to show the eourt that the giving a certain benefit, as well as holding out the chance of an uncertain contingency, did not effect the lottery character of this trans- action, nor that it was affected by the ei or en- gravings given to each member being the full value ef amount subscribed. He contended that a distribution of the pictures, by lot or otherwise, was not necessary for the promotion of art. The pic- tures might be kept in a public gallery in this city, or they might be sold by public auction, and the proceeds given to purchase new works. But it is said that the sales would not bring nearly as much as they had paid for them. That might be true, but it would tend to promote art: by regulating the fair value of these pictures, and showing the mana- gers with what discrimination they should after- wards purchase paintings, and also bring prices to a fair reasonable figure. Counsel submitted, there- fore, that the reasons shown on the opposite side, that institutions of this kind were not intended to be embraced in the constitution, were not in ac- cordance with the reasonable deductious from the arguments made use of inthe debate. Counsel then viewed the acts of legislation in England, on the subject. of lotteries. He admitted there was no doubt that many gentlemen, both in England and here, gave their annual subscriptions without any thought of ¢ i personal benefit from this investment y. Some observations had been made on the accuracy of Judge Tiillou’s de- cision, but he did not think it necessary to re them, or defend the legality of such decision. Court.--The argument is sufficiently extensive, without going into that matter. Counsel a to the propriety of this remark, and submitted, that it is quite clear, however uade- signing these gentlemen may have acted, that they have been misled in reference to the scope and effect of the appeal which they have been making te the community, and that they have been misled in rence to the true character of this distribution, nd its consequences on the rights and interests of society, #8 weil asin relat of that system of both action, wh clit to preserve publ from all species of indulgence in gaming. Counsel therefore submitted, that the Court do decide that the distribution proposed to be made is not author- ized by the constitution and laws of the State; and whether the court commend the objeet which these to its being in viol nm astitutional aud legislative ality gentlemen have in view, the decision will suggest to them that that design must henceforth be earried on without enlisting the attraction of a corrupt principle. w= It was suggested that it would be desire that the opinieu of the Court should be given before the 80th instant. [ do not think it possible to give au oe which would be satistae- tory to the parties themselves or to my own mind, 0 s00n, ean to examine the cave with all the eare and diligence which its importance requires, and will not be able to do so before that tirae, so | that the injunetion must, therefore, undoubtedly be Judge Dw continued beyond that day. Axnest ov tHE Rey. Jou Wrstky hose operations in Philadelpl y have} GRREN.< | ia and | re heen om Sunday last. Phe Bellin Ht will be recollected thet this indiv # since, gave six young men of Phila: rants to act a post office agents. to be an officer of the Post ¢ paying him the suan of $5 money he invited them # preach that ¢ nye. 8 who heard bim on the oc to have been au excellent ¢ whieh. if Mr. Green had yer ways Depariment—on their | he After receiving theit © come and Jisten to him 1 of them did «0, and those asion. pronounced the discourse | abounding with pree heen guided by. he would | never have gotien into the deplorable situation in which he now js, He seem to have beon practis ing all over the ec KA regular | aystem of swing ney, obtaining noi doin this, laying bis bh rye how thing be could at the vw nu private he is aceompanied ven who Were at Barnum’s with by He wat taken before Just acknowledged hie guilt, and resent course of | Keys of two I f his arrest he at ow m dyiven to his trunks a hoy hoo in a dishonest: man- number of weticles obit ner, Two Wuable gold watches wind upon fin together wikk other valuables. Abr. Green has been oF yating unde: various alia rvich as Rev. John We | Green atiee Gray, alias Seuth, aliaw Reed, Tuetive | ew tock hic (o Jail for nit United States Before Hon, Judge Judson. TIHRTERNTH DAY (MANCH 22) CONTINUED. Witness.—I don’t know anything ef the assembling of these men except what I have stated; Dehan brought some money when he was sent upto him from South Am- boy; cach man got a dollar and four shillings; it was equally divided among the men; we were all considered as privates in consequence of the b up of the expe- dition, [Mr, Van Buren objected to the latter part of the anrwer. and the court excluded it.] There were from forty to fifty of us at South Amboy; some went to Phila- delphia, and others went back to New York. Q.—When did you firet speak to Wiederhold about testifying ? A.— 1 do not know exactly the date. Q.—Tlow long before Wiederbold was at the District Attorney's office did you speak to him first about it! A.—About a fortnight; 1 had not then been to Washington; I did not go to Wash- ington before Wiederhold was at the District Attorney's office, Q.—When did you first offer Wiederhold $250 for hisletter? A.—I do not recollect the date; it was within the fortnight I had first spoken to him? @Q—IHave you stated that you introduced Wiederhold to the District Attorney and Mr. Hoffman? A.—Yer; Thad taken Wie- derhold to the Distriet Attorney's house first; I intro- duced him te Mr, Hall there; he was not offered at that time, in Mr. Iall’* presence, $250; Mr. Hall told him he should come to the office; Ido not know that Mr. Hall knew that I offered Wiederhold $250 for that letter. Q.— Did you not tell Mr, Hall you had? A.—I do not know when I told Wiederhold or Mr. Hall that I had done so; first I toolgthe riek. and offered it myself. Q.—Did Mr. Hall confirM the promise at that time? A.—Mr, Hall gave him (Wiederhold) certifieates at the tim know what they were; Mr. Hoffman was not at Mr. Tlall’s house, Q.—Who was present at the interview at Mr. Ilall'shouse ? A.—The District Attorney, myself and Wiederhold; that was one or two days before the interview at the office; as far ae I can recollect it was not the same a Q.—Did you take Wiederhold there to have Mr, Hall satixfy him that he would be paid? A.— No; I took him there because he was afraid of being ar- rested; that wasall I took him there for. Q.—Was the letter spoken of at Mr, Hall’s house? A.--Yes; Mr, Wie- derhold gave his word as an officer that all was true; I do not recollect. that Wiederhold said there that he would not give it up without the $250; Wiederhold complained about his condition; he said be was badly off; the Dis- trict Attorney suid. “No matter, you must eall at my office; to me he (W.) said he would get the back pay; but whether he said anything to the District Attorney, I can’t recollect; the District Attorney looked at the paper which I had translated, and said, “It's all well; cali at my office.’ Q.-—What was the paper you had translated? A.—It was no translation; Wiederhold had dictated to me the contents of the letter he had, and afterwards I found out that it was a translation; that’s the paper which Mr. Hall looked at when he said, * It’s all well.” Q.—Was Wiederhold to bring the original letter to Mr. Hall's house? A.—I believe I had told him so, Q.—-Did he bring it? A.—I did not ce it; he might have had it in his pocket. Q.—Did Mr, Hall give him half an hour to goand get the letter? A.—I believe so; 1 do not re- member where Mr, Hall was to wait for him; Wiederhold left, and I left with bim; I do not recollect where he went; I do not recollect how long I staid with him. I only remember that I waited for Wiederhold; he went away; when.he did not come back I went home too; I believe Wiederhold went to get the letter; I cannot recollect that it wasthe same afternoon I took him to the Distriet At- torney’s of have translated to Wiederhold a paper whieh the District Attorney had written; I do not recol- lect if it was a recognizance to attend from term to term; L recollect having translated what he had said to the District Attorney, and afterwards a bail bond. or come- thing like a certiticate, Mr. Van Buren asked for the production of the bail bon ‘The District Attorney said if he had it, he would eon- sult with his associate. ‘Witness,—I do not know that I would know it if I saw it; I do not know if it wes dated in April; I do not know if it was dated back. [Paper produced.] I do not know if it was the eame date as this; [can’t reeollect if it was dated back in April or May; I didn’t look to sce if it wan dated back at all; I don’t recollect how many times Wiederhold signed bis name; I do not know if he signed it more than once. Q.—Were you paid $30 at that time by Mr. Hall? A.—No; Iwas not paid $30 at that time. or about that time; I have received from Mr. Hall. on account of my witness fees. $50; 1 am not eertain that it was the day I was there with Wiederhold; I do not know if Wiederhold was with me when I got it. [Letter 43, the commission for Wiederhold, produced.] Witness con- tinued.—[ had not seen this paper before the interview with the District Attorney, but Wiederhold told me of it about a fortnight before; I de not recollect having heard of it before that time; Major Schlessinger may have told me about it. but I don’t recollect; this letter is surrounded with Leen stories and lies, it is impossible to tell; I cannot recollect that Schlessinger told me about it; have said I thought Schlessinger told me about it. Q.— Do you still think Schlessinger told you about it 7. A.—I do not know. Q.—When did you first see the letter? A.—Fither in the office of the District Attorney. or a short time before; that was the time Wiederhold gave it to the Distriet Attorney, Q.—Have you learned from Wiederhold that that letter was written about the time he handed it to the District Attorney? A.—He has first given his word of henor that this letter was written in the month of March; afterwards, he said it was written about the time it was handed to the District Attorney; now I am pretty sure that once he told a lic, and I have reasons to believe that he stated sueh lie on a second time. Mr. Van Buren objected to the latver part of the wit- ness’t reply. The defendants are not rexponsible for his reasons, ‘The Court said he would let it stand for the present. [Exception.} Q.—Sinee Wiederhold got his money have you heard him say that this letter was written in March’? A.—I had frequently intereourse with Wiederhold; I saw him frequently at hie porter house; he never said shat this letter was written at the time it was given te the Dis- trict Attorney. except when he hail again a public house, and O'Sullivan knew that the letter was in court. and when the $300 were refused to Becaey, and he (W.) was in such condition as not to be in need of the witness's fees Of the United States. Q.—Did you ever hear Wiederhold say after he got his pay that the letter was written in March, 1851! A.—No. Q.—When did you first observe that the letter had no date? A.—At the District Attorney's office; the Distriet Attorney asked Wiederhold when he received this letter, as it was without date! Wiederhold then raid he had received it shortly after the Ist Mareh. when he went in company with Schlessinger to Mr. O'Sullivan, who gave him the letter. Q.—Did you ever see Lopes? A.—No. L saw hia picture Q.—Has Lopez been in the southern district of York as far as you know’ A.—No. Q\.— Where did Schlessinger tell you that Lopes was to com- mand this expedition’? A.—lHHe told me so in my room different times; Schlessinger told me be (8.) could find anopportunity to marry the nicce of General Lopes if the expedition rucceeded. Mr. Van Buren objected to the latter part of the an- ewer. [Admitted for the present. and exception taken. | Q —Did Schlessinger tell you that Lopez was to come into this district to take the command?! A.—No; we intended to meet him in Florida from this district, A juror here requested that the witness's direct testi- mony respecting this letter should be read over in order that his (thejuror’s) recollection of it might be refreshed. The Court assented. and the District Attorney read it from the Hrfacp report. Witness continued.—Schlessinger did not say that Lopez would not come into this district. nor he did not say he would come; it was understood we were to meet him in Florida, Q.—Was that your understanding when you s at South Amboy. and about to rail? A.—Yes; 1 be «d that we would sail with the steamer Cleopatra to Florida. meet there with Gen. Lopez. and go from Florida to 1. Q.—Was this expedition to Cuba to be proposed to you in Florida? A.—It would not be pro- posed to us, hut we would be told in Florida that we were going to Cuba. Q.—Did you not say on your direct ex- amination. that when you got to Florida or Texas you would receive a proposition to go to Cuba? First, Schlessinger int ed me so. as [stated in my direct ex- op; afterwards, when I became more intimate . he said openly we are going to Florida. there we will meet the general and his etaff; we will greet him with burrahs; circumstances will then be such that no person can withdraw, and directly we will start for Cuba. Q.— Start from where? A.—From Florida for Cuba. Q.—How was it to be determined in Florida, when the proposition was made whether they should accept it or not. A.— There would he wo vote taken: we would meet the general, greet him. and at once go to Cuba as quick as possible, Q.—Did Schlessinger tell you that they were to determine by vote whether they were to go or not!) A —In the beginning he spoke about voting, and T also heard him epeak to others about it, but afterwards he | to me, ax his confidential friend, his plan, as I stated before Who are the persons to whou he said that it would be determined by vote’ A.—I cannot re- collect; they were those men who intended to go with us. and wished to know where we were going to. to these Schlessinger made such statements that it would be put to vote, and if it would suit their wishes they could join. if not they could go: but T and his other confidential friends were Well aware of (his being only a talk to attract Q.—To whom did Schlessinger vay in Texas that it would be put te vote, and that those whe did not wish to goto Cuba could withdraw? A.—To different pe whore numes [de not recollect; they were those pei Who Wished to know whether we were going to Italy or Cuba. or where, and who would have preferred going to Lurope: he said it to those persons who, through this de- clavation. would have be view that if he had th 1 attracted; he stated so with a in Texasor olaewhere they could not withdraw, [ to the answer as not res- .—Did the persons to whom he #o stated A not know; [ could not swear y person who went with us knew so; [heard Solilessinger vay #0, and to some of the men whose names are in that book. Q—What did Schlessinger say they were to voteubout! A.—Ife made #0 many different etate- ments about this matter that it is impossible to giv positive answer ation. Q.—Have you already stated that tl ¢ whether the to go to Cwha or withd said so to different po ne you first see thie in the Di vey s hands? AJ—Lcannot tell exactly; a few months ago, as far as T all it was in jast January or February; 1 firet leaned the District Attorney had it when he « ed it tome, and asked mee whi first time f knew he had it; ta that whether he had it, or if it was in court that wae after J found New York. aud [was hound as a witne yin May.or the beginning of June; that was th Inger befor it ¢ fier the hooks were offered to the Spanish Consul, but Tdid vot offer them to the Spanish Conmul, the let ter wax written by Cladeck, and by ‘Cladeck, and we have never seen the Spanish il; it was after the books wore iven to Rakiclewieg; Uis paper (the oath ) was signed by me the day it beers date, Q—Did you tell perrons who came to go with you, that you were going Lo Texas? A rtainly; | did not engage any; I Uniformly told them ke with different persone about our going to tly those who have signed this paper; t re T spoke to any person who did not Fign it, y you can't re- H you swore in th hat you wouldn't speak fo any Ome about itr AT can't recollect. having spoken to any 6 because L swore T would not. Q.— Have yen paid Mr, O'Sullivan the $10 you borrowed from hin? A. =f will pay him as soon as he proves to me that he has not pron paid money by the Spanish people. The ted a rexponsive answer to the question butTdon’t | ia for the room; I boarded at different places; I boarded a fortnight at 68 White street, where I paid for my board. Q.—Have you applied to Schlessinger for money? A—He offered me money, but I wouid not accept it: I eannot recollect applying to Schlessinger for since we were at South Amboy; the only question FS tohira was, who, pays him his money, and he said O'Sullivan, and he showed me a letter from O'Sullivan. by which I saw it. (Objection to this answer, Court ruled it out.) | ep produced.] Witness—This it in my handwriting: believe it was written at the time it bears date, but I don’t know. The Court took a recess at two o'clock for one hour, intimating that they would sit till six o'clock. Onre- assembling, Mr. Ven Buren proceeded to read the follow- ing letter: 1] Dear Sir! New York. 18th Oct 1851 About two weeks ago I take the freedom and wrote & letter to you, wherein T ask you for some recommanda- tion for the South, I have not till thie day received an answer and I believe the lines eame not in yours hand. At present I stay at Bowery hotel No. 29. here, and all my praparations going to the South at Mobile or New Orleans is made, but I wish, if any way possible, Yours recommandation, perhaps, iny name fs there some injured from untruthly narrations, T have more asa slithe objec- tion. that yours trial may me not find here. and you # the heaven self spare me with a hard sickness for revenche my friends and myself, Exeuse me. if I wish you may remember the whole fuets, which I'de, to safe you and all my wants, isa letter, wroten in two minutes. If Mr. vanBuren or you & conversation with me You will find myself here or where you annouce me & » for a rendezvour. ete waiting for yours answer, which I am ve glad to have so soon as possible giving you my direction Bow- ery Hotel. Room 29 and T have the honor to be yours truly obliged 1G RAKOW - P.S. OftenT have been so unfortunate and found you not at home, this is the single reason, that I take not the pleasure and paye to you a visit. Spare me the sur- prise, not receiving an answer in ae short time. As ever yours HGR L.&§. O'Sullivan Esqr et N York Mr. Van Buren to witness—Turn to the entry of Col. Progay’x name. A.—I do; 1 cannot recollect seeing that name entered ; all the names are in Xcblesinger’s handwriting. Q.—What is written with Pragay’« name ? A.—Charnico and Udwardy. on page 17; and the name of Pragay is at foot of 8d division; it is headed rupernu- merary ; it is all in the handwriting of Schlesinger except the name of Richard Blees ; I don’t know in whose hand that is; donot know when it was written; I am 25 years of age; I was two years younger when 1 came to this country. Mr, Van Buren said, as hie clients were not in court. he did not know any other questions thatihe required to put to this witness at present. He would. however, ask one or two, Witness—In hook 49, « Louis Schlessinger, com- mander.” is written by Schlessinger himself; I saw him write it here in New York; I do not know whether the whole book was written in New York ; Q,—Huave you torn anything out of this book? A.—I did not tear anything out of this book ; I did not see anything in it that would criminate me ; Ihave not torn anything out of book No, 0; the words at the top of the book No. 49, are“ summa ry statement.” ‘Co the District Attorney.—I have di- rected and written other letters to Mr. O'Sullivan from Rahway, East New York, and New York, besides the letter produced by Mr. Van Buren, [Letter produced a marked 52.] [received this answer from Mr. O'Sullivan, The District Attorney then read the followin, [02.) New Yorx, July 15, 1851. Dran Sin—T have reeeived yours of the 14th. Pardon my not having answered your former letter from East New York, Thad nothing particular to communicate to you at the time; and my mind and time being much occupied. it eweaped my recollection that I owed you a reply. In answer to your present letter, I have simply vo inform you that I know nothing of any sueh movementy, or plans of an “ expeditionary” charaeter, as you secm to imagi to exist, If a few of your countrymen have recently gone to find work on a Southern canal, I have nothing to do with it, except that Mr. Beczey has informed me that they were thus going. which I was glad to hear. Before very long, I have reason to expect that events will occur which will justify the open departure of all who choose to go to the assistance of the Cubans in their struggle for liberty. I will then, as I have before told you. endeavor to aid you in obtaining employment fer Your military abilities in that service, for the purpose of giving you an opportunity of atoning for an act which was not worthy of you. and which you seemed anxious te atone for. More than that, I have not promised. nor can promise; and such matters are too uncertain. that you ought not to allow any such views to interfere with any other plans of employment for your maintenance, In regard to your testimony before the courts, I have not the slightest objection to the whole truth being stated there, or any where, provided it is the mere exact truth, without being (unintentionally) colored by your resent- ments against Schlessinger. which was what I supposed pro- bable when you told me, with violent expressions of anger against him, that you would do him all the injury you could. and when I replied that you would thus inflict ‘the same injury on me. For your own sake, you have much reason to wish to avoid bi rd as a Witness; but in regard to my own case, I have no objeetion Yours truly. J. L. OSULLIVAN Major H. G. Rakow. &e. Another letter produced and marked £3. Witnes+—I reevived this letter from Mr. O'Sullivan, to- gether with the one already handed to the court; it is one of those letters that Mr, O'Sullivan stated to me were iv Rakway; it isin Mr. 0" n's handwriting ‘The District Atterncy here read the following — (83.] New Your. May 2, 1851 Sin—I beg to be exeuced in no doing, bat Tam com pelled to return to you the enclosed letter, for the #i reason that I find it impossible to understand sequence of your want of familiarity with the English nguage in Which you write. T understand a few portions of it. but believing that T should not do justice to all your true meaning, w eould at the sume time understand the whole. I take the liberty of returning it to you. with the request that you would write itin German, which Iwill then cause to be translated correctly, so as to enable me to judge properly what your meaning is, and thereftre what answer may be proper from me. If you have any complaint to make of me. I shall be happy to hear whatever you may wish to cay; but I hay to request the favor of being spared any participation in whatever differences you may have with Major Schies- finger. 1 will only remark that you are entirely in error in the following words, which are one of the portions of your letter which I am able to understand :—~Certainly he tried to put me ina bad light to you. and I am very sor- ry if you believed them.’’ In justice to Major Schlesin- ger. I'am bound to say that he never spoke of you to me otherwise than in high and friendly terms. I also return the two letters enclosed in youre tome for that gentieman. I mean no respect insodoing. The one which is open, and on the outride addressed to me, as well ax to Major Schlessinger, I find to be from Mr. Cladeck, If that gentleman desires to address anything insulting to any body, I prefer that it should not be done through me, as the medium of such letters. The other letter ix closed. From the tone of your letter. a« well as from that of Mr. Cladeck. so far as I can understand either of them. I perceive #0 much reason to suppose that it also may be of an insulting character. that I must beg leave to decline the office of transmitting it. Major Schlessinger's address, at present. as he yesterday in- formed me. is at No. 761 Broadway. I have the honor to be. Respectfully, yours, aL To Mason H. G. Raxow, Late of the Hungarian army. (Letter No. 43 produced.) Witness—This ix the letter presented to the District Attorney by Capt. Wiederhold in my presence; it was perfectly in the same condition then that it is now. with the exccption of the mark of the Court; it looked just as old then as now; I made the re- mark to the District Attorney at the time that there was no date toit. Q.—Did you hear Wiederhold say it was prepared as a trick on O'Sullivan’s part to catch the Dis- trict Attorney ? (Objected to; admitted as part of the conversation brought out on the cross-examination.) ‘The question was repeated A.—About two months after the I | the District Attorney. Wiederhold ten at the time it was handed (or surrendered), and that it had been done as @ stool pigeon, in orderto deceive me | and the District Attorney. Q.—Did Wiederhold not ex- press an apprehension lest he should be arrested for the part he had taken in the expedition, and require «ome as- surance from the District Attorney that he should not be prosecuted? A.—Yes. Q.—Did you receive such agsur- ance in writing from the Distriet Attorne; not communicate it to. Wiederhold ? produced and marked 64.) Witne 4. |—Confidentia O'SULLIVAN ter was handed to il it bad been writ- Sovtneay Distmcy or New Yor, ) U.S. District Arronyry’s Orrier, ‘a Oevober 30, 1851 Hin—You may give my official assurance that 10 Capt, Wie jestation from th hich you referred derhold he shall reeeive nom he matter to i, uly. y PRESCOTT HAL ‘Yo Major Rakow, present. Q.—How came you to adopt the name of Charlee in your correspondence with Mr. O'Suil ' A —Becaure U.S. Attorney 1 was afraid to be arrested expedition, and also my ne deteeted by the post office: etore ame of Charles; I me the grand jury [Ohjected to; admitted.) [Book 47 produced.] Against My name and Cladeck’s is designated our rank. Q.— What rank were you and Cladeck to have? [Objected t dimitted.) A.—I was to have the rank of officer of infantry without marking what officer I was to be. 4Q the designations artillery, infantry, cavalry. evs. putagainst the names of the invading upon that book? [Objected to; admi A.—In order to ascertain whether we had suffi number of exch men, infantry, cavalry officers, eoforth aud in order to divide them afterwards in compan’ squadrons or brigades, just as we wanted to use them in theexpedition Q.—Had these designations reference to the ployment that the men were to heve thereafter’ (Objected to. The Court ruled that the question was leading Q.—liad these marks any other yefarence. and if #0, what! A—It was the rank which they had. ax they alleged. in Europe.and which they sheild have herve. with « view of dividing (hem inte companics Q.—Did Schlessinger say anything to you manner in which the invading party were t with arms? [Objected to; admitted. A.—Yee; the riflemen should have the new invented riftes called“ zundnodel :' the arms. ammunition, &€ , for the artillery end infantry would be brought into a schooner, whieh would forward them on hoard the Cleopatra ; the horses for the eavalry would be bought in the South ; the uniform would consist of pan- taloons made from sail cloth, blue blouse, and red eollar, with a white star on it ; as to the uniform of the officers, Schlessinger himself ordered the uniform to be made for | him, (Schiessinger,) and our wniform was to be made the frame way. Q—Was anything said about artillery’ A —They would have six-pounders, and try to get a rocket battery; he also spoke of guns, of cannons to be loaded and trane- | ported on mules, iv order to be used in the mountains ax to the ye supplied was to have the rank of captain ; he is designated the book No 47, on one. an officer to the ca yalry; oD page cighteen, he ix a eaptain of the first squad- ron; I do not know where Sabi in; Ieaw him last about three months ago Q.—Were you in the habit of seeing him antecedent to three months ago? A.—I have known him to be the = of Schicesinger, and 1 bave often seen him at Sehles- lnger’s. 0 Mr. Van Buren—I do not know whether I was ever indicted for my conncetion with this matter. Q—Were you ever assured by the District Attorney that you would not be indicted? A —I was well enough acquainted with the law to know that if I wasa witness I wouid not Question repeated. A.—No; the District Attorney never gave me to understand so; [was not present when Sabi engaged with Schlessinger to go with the expedition. Q. —Is the squadron of cavalry you speak of the one that wax never made up? A.—It is devilish hard to | answer, (Langhter.) Qs the squadron which Sabi | was to command. the one on page 18. that never wasmade | up? A—Itisthe same; he was engaged as such, and Schlessinger wrote him down; I was not present the time he wrote it down, but I was afterwards present more than. ten timex when Schlessinger was speaking with him about it. Q.--Is this the same Sabi who swore to that paper with you! A.—I wonder you ask me # questions, I never kwore to it; it isthe same Sabi who signed the paper [letter 45 produced|—none of this ia in my handwriting except my signature; Schlessinger had a uni- form inaie. Q.--Where is it now? A--As far as I believe they have taken it from him in Cuba; I don’t know where it is; it was made before our departure for South Amboy; ax far ax I believe. it war made at the corner of BroadWay and White street; so Schlessinger told me: I have seen it at our room in Canal street; it was made a short time before we went to South Amboy; during the night Schlessinger took ittrom South Amboy and brought it back to New York; it was in Schlessinger’s possesion; I afterwards saw itin our room in Canal street; T eannot say that I raw itin South Amboy; my beet belief is that it was in one of the three trunks I had charge of; I eaunot recol- lect if there were any other uniforms in the three tranks (Subpoena pro Q.—Is that the subprena ticket that was handed to Weiderhold at the time he gaye up the letter? A.—TI cannot tell; I haveno recollection pier it, if 1 bad Lwould tell you ; have already raid hat different papers were handed to Weiderhold. but I can't recollect what they were; I do not know Weider- hold’s handwriting Mr, Van Buren arked the Distriet Attorney if be would admit the subpoena? trict Attorney did not admit the d to its being read until it wax proved. Mr. Van Buren called on the Dirtriet Attorney to pro- the bail bond, he Distriet Attorney—I do not produce it. Officer Rakieleweiz recalled and examined by the Dis- trict Attorney, depoxed—I have reen thore books nuin- bered 47, 48, 49, 50, before; I first saw them in Rahway N.J.; Lean’t recollect the month preeisely; 1 saw aletter in the District Attorney's office; it wax brought there from the Spanish consul; I read the letter, and went to Rabway. and saw Cladeck aud Rakow; I raw Cladeck first, pedition; he showed mes book, and told me to go along with him, leaving Rakow in the hotel; he took me from a quarter to halfa mile, od me one of thove two books (49 or 50); Tasked he had any more, and h raid yes; that he had not all the books with hin acked me if L had any money for the books; I told him f had, but [ would not hold any bargain until [ saw ail the hooks. Q.—Who did he take you to be while he was holding this conversation! (Ob ed to.) A.—ile mistook me for one of the Spanish Consal’s men; I had told him [ delivered them; I told him he should go back with me time Mr. Rakow was with us; he met ax, and we all three had some conversation; I then told them they should get all the books that they bad, and meet me at the hotel; I told them I had another person with me, and we would not trust them; they then promised to mect me in a qw: ter of an hour at the hotel; I went back to the hotel, where Mr. Ridgeway was waiting for me; I went into a little room at the bck of the bar-room, with Cladeek and Ka- kow; Mr. Ridgway remained outside; I then told them to show me all the books they had; they said they wouid not give me the books before I made the bargain; I then me, who had charge of the money matters, and I would let him know, though I had no intention of doing so; I to the room. and told them (Ciadeck and Rakow) to show me the books once more; he handed me a book; I said L wanted to find a name; I looked through the book, and told them I could not find it; they then handed me the fecond, and J told them T could not find it in that; they then handed me the third bovk, and I said I could not find it; they then handed me the fourth book. and I then raid they were mine; Rakow raised himvelf, and put his hand in his pocket todraw a pistol; when I saw the handle of the pistol I took him by the collar, and pushed him back over the chair; at the kame time I pulled out a revolver. and told him if it went to the shooting operation L would take a hand intoit; | think Cladeck then adviked Ra- Kow to give up the books peaceably; Ralow then raid. you can'tarrest me or take my booke; | am here iu the Siate of Jersey; I raid I didn’t care where he was, L would take the books, and take him too; when I got the books I in- formed them that I was one of the Marshal's officers; 1 then took the pistol away; Rakow asked me would I favor him to let him see thin book; I told him not to Keop it; he looked at it. and before I could get hold of it he cove out a leaf. and. at the same time, te out @ small piece of another. and sud © This ix my PM tear it for my OWN satity. OFPO ae eau dono harm to me? or scmething to that effect: [took them (Rakow and Cladeck) to New w: they were very glad to come When (hey found there wae no use in resisting, hi —Are you guing to prove the process by i ALimes—We have proved it, ‘The re- volver Witnees tocks at lett marked 3 7. 38; 1 saw these betore: 1 took them out of the valive, whieh I identified the other day n the Distriet Attorney's alfice when { tock t vi (or pocket book) ; I te rked 46 in the same place; Taino found japerdd im the pocket book; the next is 45 (the oath), To got that in the sa plae [Another letter produced | Tgot this from Mr. Rees. one of the wit- nesters, (Another letter produced from Sabinski to Schlessinger, and marked 59.) Wook This f found in the pocket Dirtriet Attorney said he would not put the letter dence until he bad # wituers to prove the band- reiting, Letters produced and marked from 56 to 60. which the witnere identified a having been found by him im the pocket book. ‘A package of ticket# produced ‘Those I got from Major Schlessinger; he gave them to me in the District Attorney's office and asked me to do him the favor to destroy them. The District Attorney said the tickete bore on them. “Good to for emigrant passage te Baltimore’; there were 44; they had the initials of the foreman of the Grand Jury on them, (Paper marked No. 2 produced.] Witness continwed— Thie is x telegray ispatch from Philadelphia; the pa- pers which I have now identified were taken out of the pocket book about three months ago; I went to look through the pocket-book by dircetion of the District At- torney. to examine the papers, most of them being in German, and I found those papers there; I was at South Amboy before Mr, O'Sullivan and Mr. Seblesringer were arrested—I think the day before; Mr. Be: ‘in Tall- madge and 1 went together; we went to Perth Amboy firet. and saw the Collector; I then left Mr. ‘Tallmadge and crossed over to South Amboy in s email boat. to sce the Germans who were there; at the moment I arrived. I suw the Germans leave the shore of South Amboy with the John Potter; the steamboat had left the wharf, T told my boatman to pull alongside, and put me aboard the John Potter; I met one of the Chief of Police's aide there; I saw a good many Germans; [ saw Mr. Beerey and & good many others; I never at any time had any converration with Mr, Rakow or Cladeck. before the time when I arrested these books in their hands It being pant 6 o'clock, the Judge ordered the adjourn- ment of the Court Mr. Van Buren said it would be a eonvenieuce to him now how many witnesses more there would be for the prorecution. Mr. Cutting had been obliged to leave {he ie gone tothe argumeut on the (India rubber case. at ‘Trenton, | ond they had not yet arranged the order of the evidence for the defence. The Distriet Attorney said. he had from fifteen to twenty witnesses, whose direct testimony would be short; the time depended on the length of the cros#-examination to Previous to the . the Distriet Attorney wished to ray, that ( je appeared here from day to day under a ru bail, but Mr. O'Sullivan, who had heen’ bailed t ation of Providence si 1. He did net wish. under the cireumstanees. to compel Mr. O’sul- livan to immediately renew his bail, But he had given notice. a few days since. that he would require fresh bail, and be now announced. that if he does r into bail to-morrow. he should move. as he would de towards any er person similarly nmitment Mr. Van Buren expeeted to be heard on that point Mr, Blankman remarked. that Mr. O'Sullivan bad been vemonths without bail, (since the decease of bis father- w.) and was here from term to term ready for trial ijourned to 10 o'clock ‘Tuesday morning FOURTRENTH DAY Mane 23.—At the sitting of the court, officer Rakie- lewiex wax called to the stand, and identified another (a telegraphic deepatch). which he had feund in seinger’s pocket book, [Marked 61.] The witness was then cross-examined by Mr. Van Buren—I think I shall be three years next May in the Marshal's office: my are everything the Marshal tells me to do in civil and criminal affairs; in criminal affairs my dut; and asked him if he had any books belonging to the ex- | warso; he then demanded $200 for the books before he | to the city of Rahway, and show me all the books. and | then we would easily settle our matters; [believe by that | make the arrangements about the books; [told him I did | not liketo make any arrangements out of my field; I dare | told them I would go out to the young man who was with | then went out to Mr. Ridgeway, and afterwards went back | he pat it. @—Don't you recolleet when @ man pute « intol to your breart? “A —No; I saw part of the pistol; can't ray that I raw the barrel: I sawa piece of the handle when he tried to pull is out of hin pocket; [did | not put a pietol to bie breast; I shewed it to him. 60 as he conid see the #ix barrels. Mr, Van Buren—He wore that you put it to his breast. Witnese—I don’t kuow what his impression was; | Tjooked ever the names of the books in order to get pox | tesion of the whole of them; I gave him back one of them; he raid he wanted to look at it, and he tore out the large leaf; { did not look for it; [Mad read the leaf before h vore it out; I de not know what he did with it; Lean'tre- | collect if be burned it or eat it up; [asked him for it he would not give it tc me; he put it in his pocket; the Last Isaw of it he had it in hie band; he had his hands in his pockets. Q—Why did not take it away from him’ A.—Didn’t want to foree hi T would have stopped bim from tearing it if f could; [didn’t search his pocket because I had no right to; when he torn ont the leaf he made some remark about “if others are de- ceived.” and li Iwill not be deceived,” or | romething like it; he the remark that it rhould not implicate bin think it would implicate him to tet! you that his name wasin it? A.—That was after be tore it; 1 believe we hoth had hold of the book when he his'name out; we came to New York by the next train after I got the book; 1 took something to eat ; he took some wilh me; Lean’t eeollect if we had anything to drink ; T first saw the pocket book in che Distriet Attorney's office the morning after the Cleopatra ‘was arrested ; My, Sehlessinger was | uh and identified it ax his: Ebetieve L saw a valise | th ; Ldon't know whether the pecket book had been | in the valise ; L don’t know how it was got out of Sehles- | posession ; L don’t know what was done with it ; Reblessinger looked at it it was put away in the safe of the District Attorn 1 saw it shortly before the arrangement# for this ‘trial; 1 took the | papers ont in the presence of the Distriet Attorney, and kept posession of them while [ wax reading them; the District Attorney was present all the time f wax reading them: be was’ always present since when L looked over Chem, it might have been three or four times, or more; When the interpretations were made, I looked to if they were right; L did not eorrect any of them; L looked them over at the request of Mr. Hall; I believe tome of the papers have not been produced yet; there war no complaint, to my knowledge, made before the ‘nt Hakow. Cladeck, or Burtnett; [have he Grand Jury in reference to this com. Q.—Did you make an effort to get testimony A.—1 made an plaint, when you came ay effort “to find out their leaders; T don’t t the John Pottor ? effort to get testimony; I can’t recoll reward for anything— might; I did not offer $100 for a witness; I believe E made a statement that if any one knew where Schlessinger ran away to. he might mak $100; I don’t know bow many! said it to; it might have deen to two; I said it te Lucarh; [don’t re not swear T didn't: the South Amboy to New York; Schlessinger and O'Sullivan w perrons applied to yon to he wit *! A—Some may Districts Attorney's office to say they ; 1 ean't say how many; can’t tell it | there were ten, twenty. or thirty; Tdon't know of a hun 3b y recollection, I have of those persons t me dis. count th , as they vot xo much, [ ougint vo have some; L have not been paid anything, to my recollecti tas a witness; T got a cortitieate for not more than thirty days, to my best be- i ; was the day before arrested, Q.—Haye lief; T got two certificates tor ten or fifteen days each, Q Ir that all that you have been es in this matter? Nothing but a bill te for seven months, about $150; that’s all L have been paid, Q— What did the Spanish Consuls out AA ad | cing? A—3o. @.—When yon were there sl right to go or return just a» Yom pleased?” dime Yew; I made no engagement at all with Schlessinger John Treeisack, examined through the German inter- bad you = preter by the District Attorney, deposed. —f was born im the Russian part of Poland. T came here Vith Mareh. 1851, I made the acquaintance of Louta Schlostinger the first dayof my w aoe walin this country; Mr. tbvening, ymun, introduced meto him; Sehlewinges told «t been informed by Shoening that I wax @ sol- he a-ked ine whether | would participate in a like Kurope; [said yor. and 0; he said probably to we would first take the uthern part of the United States; be | among others named Texas in order to assemble there, and to be collected with other persons from other States who would join us there, this waa about the contente of our firet con cight days afterwards I paid him another v about the ar- Tangements (at (he aly pot my name de vised methat t ¢hould take the same rank whieh I had in the Baden army, and added that he would defray my expenses foe board. ke; 1 did not see him again until the evening on which he (8) ar- rived at the Shakespeare hotel from Pittafield; that evening there was a reel and some difference among the officers in the room y, with whieh Fdid rope. and he named Italy; by direction of th we firet not me fore). and he told me ‘to come the next mornin i I went to see him: | dime he had + in me that he would entrust me with a mirrion: he that | should go to Philadelphia to enlist men: Kakow, who lived at Uhat time with him, was jd I first declined to accept the offer, and told or Beery; Lat that time wax only country, unacquainted with tie eir- id not like to expose myself; {asked him where we wer to: he first declined answering, but when E (old him that I would have nothing to do with the case. the aims (objects) of which ¥ not fully made known tome. he then took my word of boner not pont it, and said we are going to Uaba; he them y iny travelling and other expenres Tasked bim how long he thought these $10 would last. (laughter.) and he eaid he would speak with the le: of the movernent and pend wi re mO~ ney afterwards, and that [would have os much meney ast rhould want Adjourned to 1034 o'clock, Wednosday morning pre him to send fi one month in thi cumetanees. and to Philadelphis VIPTERNTH DAY % Manon 24 —The witness Tereziak was recalled, and ex- amined by the District Atto: 1 went to Philadel phia in porsuance of the arrangoment nuule with Sebles ringer. furnished with a letter of introduction to a cer- Dy, Kiremann; T delivered my letter. and we them went to work to engage mon for the expedition, [Letter No, @ produced] The body of this consists of two parte, the top part is in the handwriting of Bisemann, and the last three lines are mine, [Another lotter produced and marked 67. and identified by Kukolweitz a8 having been found in Schlestinger’s pocicet book.) Witness —This ia my handwriting, with the exception of the postseript which Bisemann wrote; T communicated with My Sebtes- ringer by telegraph several times. (Papers marked Nor, produeed.| y aent these telegraphs to Mr. ! iladely k an ex on to the admission of ograph comununications from Philadelphia, andto y xworn to have tuken plage out of tie State of New York The District Attorney then read the letters and tele~ graphs, ‘The letter sta’ » the witness, bud en. § men and artillery. and musicians * were addresed to Mus, Schlesseng, ces.—They were intended for Mr, Seb isthe date of the telegraph from Phils separ onee—(laughter)—that’s all [got out of him; I didn’t anything from the Spanish cOnsul or hiv de- puty, nor no promise of anything. Q.—Did Burtnett proinise you anything ! A.—I wouldn't take his word if he did. (Laughter. ) Yo the District Attorney.—The witnestes did not go to | the Marshall for their money. because | it tothem untli they gave their y as witnesses ; | they came to me because they great distress, Gennaro Mury, an Italian wax sworn and examined in the French, through M. Johannason, as Interpreter. [raper 7 produced. thia amy hand writing. “Gorge Mt. Kobiu- son, (of the District Attorneys office) deposed he under- stood the Italian language so 04 to translate it; he trans- it is accurately translated iuced and identified by Muzy as 1 ccurately translated by | lated thir lette | 8 59. pr Robinson, a+ having bee The District Attorney then read No. 57 dated March 15, 1861, from Muzy to hi How soldier No, 58, dated April 1, 185) heir of their intended departure. was as follows -— Mven Esixemep Mason:-=T hi with the fact, that. from informat Cubans, it would seem to be nee much as possible, our departure. '¥ speak of imove- ments at various pointe of the island. [ can say no more, and I have no euriosity to pry inte your projects, as lam eure that yore prudence will regulate the affwir much better. and that your knowledge is much superior tomine. Idonotcome in person. that | may not trouble you #0 often, expecially ae I shall be obliged to visit you to-morrow, upon which occasion Iwill place before you frankly vi ut hesitation. the position in which I find mye ~ that I speak to a superior friend; my long ein New York. suffering and sickness, be cause of my position, I come to you, with the ; that 1 shail obtain the accomplishment of the promire made me. not only of my weekly pension, which acerues to-morrow, but alse of some other slight aid, with m to acquaint you ceived from several sary to expedite, ax which to meet the unavoidable expenses incurred for my subrint iy a few shillings for washing and hair no longer do without, Ae re- garde un, o4 that [ ought to the money on the day before our departure. a¢ [ shall requirea very few mo- ments to finish what Ebuve todo. You see 1 speak frank- ly. and as one soldier to another, without any mystery, and Lam sure that by « true soldier, it willbe ‘under- stood. I rubreribe my quious servant New York. April 7. 18 No, 69, dated Sth April, spoke of the sudde ance of other persou» connected with the expedition. ] Muzy continued—I first got acquainted with Sehlev- singer in February, 1861; in his house, Brondway, 380; ody introduced me; 1 knew he was buay enrolling persons. and I went there myself; our conversation was very short; I aid to him, | know you are forming an expedition; | know that you are authorised directly by General Lopez tor forming the enroliment; I am known well enough and I have documents with me; I made no other arrangement with Schlessinger but to engage in the expedition; I never desired any rade or appointment, {Book 47.) This is my name; it ie in my writing; I rigned it myself on this book; hleesinger told me. also. to write down the grade IT had ip Italy; after 1 bad written this, he told me that in a few days we are going to start with the expedition; he teld me to come every day to see him. Q.—Where war this expedition, of which you have spoken, to go! [Exception] A.—I told him ov the spot that we were going to the island of Cuba; he first always said. “You are mistaken;” afterwards we had different conversations. in which he named several places of des- tination to which the expedition might go. among which Cuba was named. and my mind was settled on the subject; there could never have been anything else but a military expedition; I could have nothing to do with anything else but amilitary expedition; I made no other arrrnge- ment but togo with the expedition. and I said whatever might come | am ratisfied; be (8.) told me that the same degree (rank) an individual hai nm country, zg r rank and grade in your own country cor- deseribed in this book [47)! A. —Yes, ‘there I got in’ Rome. Q.—Did Schiessinger tell wf of the If was expedition, Q nd over Schlessinger nO preparation to go obliged to be ready to start 1 did start, and went down to South Amboy ; [ went in the Jobn Potter to embark in another vessel : T saw Beczey. Rakow, Cladeck and a great maby whore names [do not know. at South Amboy. Q.— What baggage had you! A—I b linen ; before that I never saw Int Lam not certain. 1 saw hil ith Amboy was a pereon of his size; I did not know him , it wasin the night only forone moment ; I saw Dhanw there; he was in our company ; Schlessinger came to South Amboy with us; L received before starting. I believe, nine dollars from Schlessinger ; I knew Mr. O'Sullivan for two years. only by sight, since May, 1850; I met him at several ves cau't recollect’ where; I believe at a house iu Murray street; I did not know him there Sanehen; he in my friend ; I "1 of Mr. Sanchez had you with n he caine there I went to South Aun: # dress ; I had no uniform ay interpreter, as the witness spoke part Italian aud part French. and witness continued.—I bad a uniform with we. but it was not inine ; it was one Schlessinger gave me told me many times that be had x qu reetly aie kome other grades there which not in. my you who expedit A.--No; told me he charged with the organization of the —Who was to have the chief’ ¢¢ in Cuba’ A with the expedition; L wa any moment, that’s ali ; own country was to be the commander-in 4 he wie smmunition in a certain place whi H me ; he said they were muskets and alco (hat there were cannon, but I do not k vit was true, Iwas three days at South Amboy ny HN house when I came back, Q—Did you see Dhana or Salizky / A.—There were two Dhana’s, end the one Tsew in South Amboy I did not afterwards see in the city, Thad some singer on board the steamboat: t now remember what it waa; L p but thie; Danid to & aainger hee beon to arrest criminals, and find them out if possi. hie, Q.—Executing them? A.—Yes, Texecuted two. Q You hanged them! A.—Yes; Lknow all the witnesses in this case by sight or by name; there are some Ameri- | caus and Germans; I don’t keep company with any of | then; T speak to them all; I supposed I procured some | of than; I think L did, but I ean’t tell how wany: I pro- | cured Rakow and Cladeck; I suppose there are more. but lean't recollect any others; Tehoutd think I have talked to them about this, not as to what they wi to but what they did know; I have di drafts for witness's fees, I dixeounted tell; there may be six, may be eight; [ don rates at which I usually discount them. Q.—Will you produce there papers? “A.—No. My. Van Buren submitted that the witness should be compelled to produce the papere The Court directed the witness to produce the papers. The witnese then retired and brought in the tickets The date of the first ix August 20, 1851, amount $10; L discounted this for Simmons; I don't know what L reed him; T suppose T can’t tell the amount; I have charged $1 or $2; Tean’y tell if this is the firet J have discounted ‘The witness was cross-examined at considerable length as to his being in the habit of discounting certificates for witnesses, but he could not recollect what ke had charged them—sometimes one, two or three dollare, some- times when they were in distress nothing Witness continued—$200 was the amount Cladeck and Rakow arked for the books; I did not offer them $200; I said I would look at the books and we would come to an ~ Q@.—When was this conversation? A.—I had several conversations about this at the time I lived with Sehler- { bad no board at 380 Brondway; Schlessinger 4 Huger; | knew Sabi; bis name appears in the book, he agreement if the books were what L expected; Rawok did not present o revolver at me; be drew a pistol, Q.— Did be prevent it at your breast? A ~I don’t know where in security,’ and he answered he should not think #7 uutil we gue 2000 miles from. the shore: Fdo not kuow what yessel wae to take usto Cuba I believe Seblessinges paid for our passage down: Lam not eure, but Thelieve he paid for all Cross-examined by Mr. Van Buren. —(Book 47 pro duced.) There was written on the leaf which js torn out an organization for a colony in Texas; it way written in German. and “singer translated it tome; he did so at the time I signed it Q@—Did Schlessinger tell you at any time, that you ‘ wt Cuba! A.—It' was agreed betweon Schles- ringer and myself. that we « about it, but L knew before and Schlessi k anything rere going to Cuba, y had told me #0 in confidence Q.—Did you get your information about going to Cuba from Seblessinger? A —Yes Q—When! A= lested fifteen days day; Tn fifiven, eighteen, or twenty day wore g he told me so the first information | had about it Q—Then how did believe after our acquaintance had it ie im day his house; that was Tam sure of that 1 come to tell Schlessinger that you knew that you were going to Cuba, the first time you www him? A.—Becuuse J knew there was an organiza. tion. but before I made Schlessinger’s acquaintance, I did not know it for Letter 58 handed to witness. } Q@—Why did y Schlessinger on the first of April, saying yi jexire to pry into hie projects ? AI did not wri [Letter of Sth of April handed to witness] Q—Why did you write “this is alll am authorized to my ly j,1 have asked no further information” A—I wrote that lotter to Schlesinger he bad from @ay to day left New York! @—When you were at South Amboy, did you know where you were | | sperk English at all. aud the ie right April 21, telegraph, “1 have r your letter, and_ I will have to-morrow, money and me pages,” signed T.T, Witnoss continued, Ereevived jet. tors from Mr. 8. while I was in Philadelphia, ! engaged he men were ordered for departure; [ do cot know to South Amboy; Iwasa pot there, they pSonth Amboy by the New Jersey railroad those artillery from M, Baden, who f know b the musicians the same way two days in Philadelphia, 1 went back to New could not effect much there (in Philadelphia), because peoplemgauted to know where the expedition was to vo to; :. and. Mr. Schlessinger authorized me to telh man in private that wo were going to Cuba; this he raid in the prerenco of Becsy and Rakow, it was in consequence of such authorization, which I with, that the men agreed to go to Cuba; 1 more trom Sch ore ;, Home days afterwards Cladeck came to Philadelphia, being sent by Schivssinger. and brought an order from him to col- leet the men for the departure te South Amboy, wich } did; Cladeck went with me to the telegraph office. and T xent the despatch * All right;"” [eame back from lndelphia, from the second excursion, two or three da: after the breaking up of the party at South Amboy ed by Mr. Van Buren—I am 28 yours old; Tam in no busines# at all; L kept the billiards at the Shakspeare Hotel. Q—What else have you done since you came here? A.—Drinking lager beer (laughter); it would be too much to tell all T have dono since I came here; my cecupation in sceing ladies and drinking ager beer (leughter); I know Rhinehard; he is my friend; 1 see bim in this room, Q.—Have you asked Khineha lately not to tell anything that you did? A.—No. I bad no oceasion to do £6. Q.—Did you steal a pair of hoota of Rhinchard’s? istrict Attorney asked the Court to instruet the the question. that he necd net put the rt told the interpret qu othe witness. (Excep' wy) Q.—Were you turned out of the German Gymnastio Society! 4.—1 never have been » momber of the Society; I was 2 candidate; I was not adinitted because I wae wie for two month, und could not go to tho place of exercise; that was (he reason, because of the bye-laws that I cou in; [know Rakow; T am not an intimate friend of any body; I knew him three yeans in Germany; Ihave been ‘talking to him this morning ; it war not about this care; I told him I would like to have a new coat made ; he said he had not any money ; 1 mot him in Broadway, and was talking to him when Mr, Yan Buren passed u Rakleweitz arrested me at the Shakeapeare Hotel; {en not know how he knew I was there; be did not teil me ted me asa witness; Ruklewoitz has lent me money, mex $5. $10. $15. and sometimes $20; 1 do not know how much; not $500 (laughter); not so much as $200; I gave him my person assecurity, Luxpected to be painted biack. and sold ara nigger, to pay him, Q.--Deyou state thaton oath! A —I have sworn wo many different times the samme question you ack ; LE gave Rakeiwedts the certificates I got for being a witness , Ldon't know where I never got them buck; I don't know whether jered them security, L for my part did #4 gave me money even betore I gave him in order to help me; I can’t recoilect, if he gave me money at the time I handed him Rakelweitz hax not got them all; I sold some to Mr. Bates, broker, in Wall street, and to Mr. Schwalve, ip Chatham street; I believe Rakolweits has the rest. ‘The witness asked permission ty sit down. He has been sick for four month:—two months in bed—and is still under the care of a physician. The Court assented. the certifieates; my certificates are in different places; Witness continued.—I did not write my name in the book; the first time I saw Schlossinger [ wrote gt one piece of paper; my object in writing my name On the paper was to take part in the expedition; I did not know where it was going: Schloasinger toid me we were going first to the south ofthe United States, and then to italy; Schl never paid me any money, but the two rum: of $10 he still owes me; 1, together with Eisemano, gaged the men in Philadelphia; Ican’t tell how many I engaged; | engaged one artilleryman, of the name of Miller. from Kastadt; { first saw him the day went to collect the men; I last saw him in Phil's; I dov’t know if heever left Philadelphia; I engaged Major Pach; Tre- ceived direct orders from Schlessinger to engage him; 1 received the order verbally; before T received them I bad conversations with Major Fache; 1 can’t recollect. the I burned the litt and the letters im my departure for New York; Ixsaw Major Fache six ot sven monthe ago York; I cannot say whether he (Fach) elphis for the expedition, [had no money for myrelf. and how could Lpay Fache: ache had ® pablie house, and I paid him for the beee Cdrank; [paid bim nothing forthe expedition, { paid Miller nothing. Q.— What A —Just us mucb as T paid (Laughter.) Payment was promised them when they got on bourd at South Amboy; I had no money to take them to South Amboy; I did not pay them any; they received money from some one else T can’t tell) these letters (10 and 07) weve writt oT was in Philadel- phia; T stayed there about eight days afier I wrote them; Lavvived here at about bald past two or three when Ire: turned fist, and went back the same afternoon. [The crogs-cxamination was continued at groat length as to the time he stayed in Philadeiphia and returned, &e,} There were no writings signed by these mon that I speak of having engaged: T'didn't go to South Amboy beeause didn't like Co go; Schlessinger did not direet ine to go; 1 said L intended to go. the tree will was lett to every per- od even after he gave the promis in go ns deposed—i aim from Cologne; Tam bere <1 knew Louis schitseonger: 1 wae his for a colonization to Texas, L was to go to Texas in the capacity of officer of intantey, it was @ military colonization. "(Paper produced. and marked 68.) I have seen this before: it wax in my poseadon; [ got it in the office blissenger; it was his (Seblissenger’s) vigna- but ne to the contents L could aot swear they were handwriting: 1 bad been 9 mil an in my own ountry: 1 Was to have ording © the Amerigan rate of payment as anoifiesr; I received hie paper at the office of Mr, Schiiasenger, ‘The District Attorney then reat the paper onder the txerption of defendants counsel. Lt bore no dave. but (ined instructions how to aena the men on board, directed that they should uot goon beard before § © clock in the evening, nov after 9 ived tickets in coniormity ruetfons in Chat lottor, I filled up the tickets id of April, [The tickets wore the same as those yeaterdey. with the bienk for the name filled hey bear the initials L. 3. There were sixteen hy the Court.) Witners con- ay list to Schlessinger; I e tw « Witness continued—I r with the tinued—1 gave hundred perso viduals who were ge as the agent 6 Ko On thie colonizing expedition” hundred; they were engaged by military deal infantry. artillery. cavalry, pioneers, and musi not know the hanl-writing on the back of the eard: fave somo of those tickets to indie on bourt the bout, Q.—Did you, mgege any persons to A —Yes, about two ione— ; Ido the writing on the front is mine: the name in this card i fad i name of one of the individuals engaged b ; " nation 110 Bleecker rent toh cake et, Sullivan,” Mr O'Sullivan; when the expedition vee spear Case one of a committee deputignd to wait on Mr. O'Sullivar to get money; Kowal «od avother man, named Schles- singer. (not Louis) came with me; we did not find hing that night; T went there next vening with Kutner and Hensner the next evening and saw Mr. O'Sullivan; it wae dificult to understand what was said; | did’ng othors spoke it so badly we had a little French; one of them after speaking of the condition of the men, how they were in need, ated fox relief for the men engaged in the Cuban expedition, and Mr. O'Sullivan replied, 1 know nothing of the Cuban expedition:” whereupon I replied. “No. it is the Texan expedition: Mr. O'Sullivs 1 “Ob, that is known, and I will give [can «pare~TI will give you $5." and brought down $47, saying. id gave itto us. [Tickets h whieh had been found with Burtnett, and marked 18, produced} Six of those are in my hand writeng; they hear the name of individuals engaged by me, 3 Cross exaininced—TI can recotlect the names of some (hose J engaged —(nomes them)—engaged one Toston