The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-12-03
NEW YORK SATURDAY MORNING. DECEMBER g. 1s42.


renee Judge Advocate General attended in the room of
Mr.. Edwards, Deputy Judge Advocate. The Court re-
sumed the trial OF Mr. Smith and Captain Hoskins, pro-
duced by him, was sworn
q by MIR. SsuTH-Hew long have you known me
Al have known you near twenty years
9 by Do.-Havs you known me since the war
by Do.Be pleased to relate to the Court my politi
cal character such as 1t has come TO your kHowledgc
Al was intimately acquainted with you the 9sgn s
ming OF this war, and thought you to be great friend
to the country have had an opportunity OF speaking
you time after tme aud thought you to be friend
to tho country my reason was because though, you
to be- fighting man, you prescribed many rules to
trepan the British by going on the line ana begged me
togo on with you, and take part with you you also
told me tn at General Howe commanded IN the state Oh
New York, and you begged me to assist you IN gethg
intelligence, and in every thing that lay in nay power
for the good Of the also told me this summer that
expected to be in New York, and If we went down,
begged me to assist you in every thing in my power.
Q. by Do.-Was viewed by the inhafntants IN gene,
raj as warm friend to the country down TO the me
was taken up? -
Al viewed you so, and believe my neghbors did ;
not
Capt. JOHN GARDNER was next produced by Mr. Smith
@ by Mr.. sMrH-Please to relate to the Court what
you know of my political character.
Ain the year one thousand seven hundred and Sc
veny six, was acquainted with you there was every
few days had alarms at Haverstraw, and you turned
out with your gun to oppose the enemy conunualy
and in the year thousand hundred and seventy
seven alarmed every few days, and you always
turned out to oppose them with your arms TIL alter har
vest when called eft and went iuto the live months
service after this you moved from Haverstraw to the
Glove this last summer you have been with us gan
ut Havertraw your character since you have return
ed to Haversraw has been very in the cause of
the country. have had an opportunity of talking with
you and in raising men, and in every thing 10
do for the country in my company, you have been al
ways very forward you lived within the beat Oh my
company.
O. by Do.-Was esteemed by the inhabitants in gene
raj as a warm friend to the country
A-You WERE and esteemed you very muck
q. by Do-Dont you think could have raised this
last in the neghborhOod company sooner than
any man, from the regard the inhabitens had Tor my
attachment TO the country
A.--There some talk about your raising compa'
ny, and there none who were for the American
cause but seemed willing go under you at the time
@. by CouRr-What vas the reason Mr. Smith had not
A-Mr. smith gave as reason for not having one,
that he would not unleas he could have field ece
with the company as the enemy came up often and isd
thing to drive them off, when the company was posted
along the shore. .
roceedings on Mr. Smiths trial until Thursday next,
and adjourned until that day at ten o'clock in the morn
ing .
The Court met according to adjournment and resumed
the trial of Mr., Smith.
Col LIVINGSTON, who produced on the part of the
prosec ution was produced by Mr. Smith
O. to him by Mr.. SMiTH-Do you know whether any
and how many flags passed between Generai ArnoIa
and the ship Vulure previous to the night went on
board.
Al know of two of them brought to at Vsrplancks
General ArnoIds aids came to me and desired would
let flag pass down to the Vulture and not detain al
M Se s ~ ws be-
row the day he TO me do not recollect lcom-
manded at vorplsncks and Stony Points. - . ,,.
O. by Do-Who conducted the hags, nnd 70 whom
and from whom were they sent
A.-The first was conducted by Lieutenant Barber
of the artillery the other gentlsmans name 40 not
recoect but he was Captain Of the Artillery; their
orders which insisted on seeing, were from General
Arnold 60 board the vulture sloop Of war; to deli
letters and there was no answer 10 return imme
diately saw no letters.
@. by Do-Dd you understand that Colonel Beverley
Robinson was on board the Vulturef
Aids Lieut. Barber informed me he on board
and he informed me he brought an answer from MIN ny
| the first flag
@. by Do. Did you hear understand what Colonel
Robinson's business was in coming up1
Al did not know anything about his business. q,
@ by Do.-Did not General Arnold inform you tina
Robinson board, and that he wanted to come OF
| shore on public businessf
Ale did not He was but once atmy quarters, an
then thought he good deal reserved
@, by Do.-Dd you ever receive any lettersirom ma
from the Vslture for General Arnoldf
/ A-Their barge came up once ortwice, ana sent gu
my whale boat to stop them, and ordered my iieute
ant of the whale boat to take their de patches which
directed to General Arnold and sent them to hin
| at Robinsons house, and ordered their barges mme
datey back, the distance between Robnson's house
and Verpancks Point was too great to wait Tor an an
| q. by Do.-were these letters sealed7
q. by Do-Did you see any of these letters in thu
| hands Of General Arnold3
III saw one In his land the day he at my quar-
ters but the contents did not see the day DO not re
| collect.
q. by Do.-Do you know from whom these letters
| csme7
Al do not; but believe the one saw in Genera
ArnoId's hand came from the Captain of the Vulture
az the General signfed to me it was in consequence
~ p Do."Was General Arnold at verplanck's Pon,
| the twenty. second Of September last2
Al do not recollect the day he was there, but thu
last time he there, at my quarters which was tn
day him with the letter, he stad about half al
hour and afterwards crossed the Ferry. -,
by Do.-Do you recollect General Arnold's desiring
you furnish with light boat if you met with one
Al recollect General Arnolds desiring me, that yo'
might be furnished with light S boat, there d was on
Q.by Do-In the conversation had with you,
mentioned in your former evidence do you not remeu
Der of mentioning that you airing to ar
on the VuIturr the morning. she lay within poir
blank shot at Teler's Psintf
O. by Do.-wss the vulture obliged TO shift her Sta
ton when fired on by you and set on fret
A-she obliged to shin her station, but 40 no
know whether she set fire not; she shifted ne
station for while and afterwards up close TO Tel
ers Point; Shells the Lieutenant of her iniorme
O. by Do.-Did not General Arnold desire you to fur
nish with boat for the purpose of procuring intel
| gence7
boat but did not mention for what purpose; had nj
| conversation with him on the subject.
@. by Do.-Were the guard boats out the night
went on board the vulture, and the preceding night
/ A-They were net at the Point, and there were or
defs for OF them TO be constantly or the WAFER an
the other nearly opposite to the ship the shore
had to suppose the orders were not complies
| with.
q. by Do.-Hsd been met by them, don't you think
should have been permitted to pass them from the au
! thority had1 -
| you should pass the guard boats at any time day o
| night as you going for intelligence OF impor
| lance .
| q. by CouRr.-were these orders previous to tn
vuure making her appearance in the river or afterf
| A.-They were after the Vulturc had come up TN
| river.
| Q-who were these orders given tot
| A-They were verbal orders to me from General Ar
mold and was ordered give them TO the lieutenant
the guard boot they given to me by General Ar
| mold the last time he was at my quarters.
| Q.-How long was II you had received 'hese ORDER
| from Arnold before he went off to the enemy
All might be fsur days think 1t was about three
| or four days. =,
| Q-wss any person present when he gave you thes'
| erders7 80