The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-12-01

Court Martial held mt Trappan, during the
Revolutionary War, for the Trial of
Joshua III. Smith, supposed to have been
connected with Andre and Arnold.

Joshua III. Smith, supposed to have been
connected with Andre and Arnold.
Continued from yesterday)
FIFTH DAY, Oct. 4th.
The Court met according adjournment and resumed
| the trial of Mr.. Smith.
Major BuRROucHs was produced the part OF the pro-
O. to Major BURRoroHs.-Dd you see Mr.. Smith, the
prisoner and person with him who passed under
name OF John Anderson at or Kings Ferry the
stoney Point SIDE the twenty second day September
last Please to relate to the Court what you OF the
matterl
A.-Last Friday week ago. being the twenty second
day oil september last, down and dark Twas
on the road about three quarters OF mile from
stoney Point, by Mr. Smith, the prisoner, and another
gentleman; ,.r. smiths servant negro boy, with
him. Mr. Smith he passed by, spoke, and said how do
you do Captain Lvings told him he twas mistaken
on that he stopped, aud said how do you Major Bur-
roughsi and turned about his horse talked me-
about mnu'ein which time rode up between the gen.
teman who was with MIR. Smith, and which gentleman is
the same who has been proved since have been the
Adutant General of the British Army Mr. Smith, while
ladies, 10 West Point, and should be happy at
tea the next afternoons Mr. smith then turned about his
horse and rode oft pretty fast told him thong rather
late, and he said he had business
Q-How was the gentleman dressedl
Ale had round hat on and blue coat or cloak the
cape OF which bnoned up tight round his neck and
the other Tart was also buttoned
Q-Did Mr.. Smith mention to you the persons name2
Q-After Mr.. Smith left you did the gentleman who was
with him join company and ride off
A-The gentleman halted when Mr. Smith did, and
Q-Did you Major Andre, who lately suffered death
| as being Adiutant General to the British Armyi
Al saw him when he crossed the North River, which
was last Wednesday, and which after he taken
and am sure he the nan, who with Mr.
Smith, as have before mentioned.
QIiad this person the that the gentleman
had who you with Mr.. SMITH
| Ale had coat or cloak of the colour, which
appeared to me to be the same and am he had the
same hat
| Odd you hear him converse with Mr. SMITH
Al did not.
Odd you Major Andre Adjutant General 10 the
British Army since the time you mentioned to have
seen him after he was aken and had crossed the Norh
| Riverl
A. saw him last Friday. when he going before the
| Board OF General officers, and certain he the
same person saw with Mr.. Smith at the time have be-
| fore mentioned
Qpy Mr. Smith Do you recollect no other converse.
ton that passed between when stopped with this per-
son on the road don't you recollect something about
| horse
Al recollect about your telling that you had good
pasture and that should be very welcome the
Tor two horses than let them about at the
Point where the pasture poor.
by Do-Did you sec any appearance in me Of desire
| to avoid you as came alongi
| A.-Not i'll the least
O. by Do-Dd your guard, at the lower end of Haver-
straw report you oftneir meeting gentlemen the
| night before on the roadl
| A.-They did not.
JOHN PAwNc was next produced the part of the pro-
q. to JOAN PAwLrsG-Did you take at larry Town, on
the east side OF the North River Saturday morning
twenty third OF September last person who passed
under the name oil Jonn Anderson; you did please to in
form the Court of itl
Any self Isaac Van veart and David williams were
laying by the side of road about half mile above
larry Town. and about Is miles from Kings bridge
Saturday morning. between and l0ocock the 23i Sept
last We had lain there about hour hail.
as can recollect and several persons
qanted with, VINO we let pass Presently, of the
young men who with said, there gem
temanlike looking man. who appears be well Dire
and has boots who you had better step and STOP
hrelock at the breast OF the person. and told him
stand and then / asked him which way he was going.
says he, Gentlemen. hope you belong party
asked him what party he SAID the lower party. Upon
that told him did Then he said, am British oii-
Ger out OF the country particular business and hope
you won't detan me mnute" and to show that he
British officer he pulled his watch upon which
him to dsmoun Upon that he said, "My God, must do
any thing to get aong seemed to make kind oil laugh
Of it, and pulled General Arnois pass. which
John Anderson to all guards to the White Plains and
further Upon that he dsmounted and says he gentle
men you had bestlet goor you will bring yourselves
trouble for by your stopping of will detan the Gene
meet person there on the Gsnerai's business. Tpon
that told him hoped he would be offended and told
him we did not mean to take any thing from him. and tod
him there were many bad people going along the road
and did not know but perhaps he might be one and
asked him il he had any letters about him. He made
| though think myself, told him to pull Oft his clothes
which he did We searched his clothes but could find
nothing and told HIM to pull off his boots he rather
seemed backward OF pulling them Off however he pulled
of one OF them and felt at his foot where felt the papers
in his stocking under his foot then told him to pull off
the other boot, and when the other boot off found
other in his stocking under his foot Then looked
ON the back OF the papers, and what the contents Of
them were and said the young fellows who was with
me, this is spy. One of the young fellows who were
with me asked him if he would give his horse saddle
and Bride and watch and hundred guneas, he would
let him go. He made answer, Yes, and whatever
| Of money you will mention quantity of dry goods
And then made answer No, by God, you would give
ofthe young fellows wmked to me- who had mind find
out little more, and made answer to the lads who were
with me to come along, for would have nothing more to
say to him, and we asked him some questions were
going along the road, and he begged would ask him
none Till he came to some officers and then he would
veal tn whole We carried him Colonel Jameson and
there he took him into his custody and have
him from that time until him the other day.
| q. by CoURT.-Dd he tell you his name John An.
derson before he produced the passl
Al asked him his name, and he told me was think,
John Anderson
Major General and being asked whether it is the pass
that the who he took under of John
| derson, showed him when he took him. answered. he
thinks from the best of his recollection that is The pass
dated Head Quarters Robinson House. Sept 22d l7sos
| annexed.
sundry papers of the following import were produced
to the Court, and shown to Mr.. Paving to w.t. paper
containing artillery orders Yves Point Sept 5th 1880
paper containing estimate of the force West Point
and its dependencies, Sept 49, 1884 paper containing
estimate OF men to man the works at West Point, and in
the vicinity Sept l7so-a paper eontainngs return Of
ordnance at West Point and its dependencies Sept 1850
"a paper containing remarks works at West Point
dorsed copy to be transmitted His Excelency
laid before Council ofWar held in Camp Ber.
gen County, Sept. o. 1880 present, the Commander
Chel-eDdVrseu copy Oh COUNCIL Oh w ar, nefu
| 1880. These papers annexed. Mr.. Pawling being
asked he found these papers the person he took
has mentioned under the name of John Anderson
ATo the best OF my knowledge the papers shown
the papers found that person when took him.
q by CouRr.-How was this person whom you took
under the name of John Anderson, dressed1
Ale had kind of purple ciaret coloured on.
the button holes Of ohieh we're laced He had nankeen
breeches and wastcost and flannel wascoat under
his wescoet, and had round hat he had also on
blue coloured overcoat.
Q-Was this person whom you took under the Of
IN MAR npfeO "a I'm fcrahAe ath
Monday last being the Adutant General Of the British
army7
Al think he was; to the best Of my knowledge he
looked as much like him any person could.
g. by CouRr.-When he pulled out the watch, did he
offer TO you present, pull 1t out as signal1
AIS signal that he was British officer, as then
thought.
by CovRr-When pulling out his pass from General
Arnold, what the reason you did not let him go
A.--Hecanse he aaid he was a British oil