The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-11-29
court Martial held ut Tappan, during the
Revolutionary War, for the Trial or
Joshua ii. Smith, supposed To have been
connected with Andre and Arnold.

oeug PRESIDENT and laid before the Court several charges
agains Joshua H. Smith, Esquire, inhabitant of
state OF New York-nhe paper containing them is an
nexed)-he also produced to them the Con-
gress dated August 2st l776 and February 27h IT'S
speeding the trial Of inhabitants and desired their opinion
whether they had competent jurisdiction try Mr.
smith for these charges The Court tax ing the matter
into consideration considering the charges and the
resolutions OF Congress Of opinion that they
rsdicton under the resolution of Congress Of February
27th lIs TO try Mr. Smith for the and last charge
and us to the three first charges they of opinion that
they have not jurisdiction.
and the Court proceeded to try Joshua H. Smith, Esquire
an inhabant othe State of New York the fourth and
last charge contained in the paper before mentioned The
names OF officers of the Court read to Mr. Smith
They are as follow
rie0 Col, H GGL0Srl H. JAcK'Ss .,I President side
capt jacob Wright, Captain Daniels,
captain Drew, Captain J. A Wright,
Captain Captain sa1ntaford, Captain Captain Chase,
Captain Fowle, Captain Tiffany
- JOHN LAWRENCE, J. A. Gen'l.
Inc Judge Advocate General prosecuting in the
OF the United States OF America) then exhibited the
fourth and last charge contained in the paper before
uohed against the said Joshua IL. Smith, Esq, which
charge is as follows =
For aiding and assisting Benedict Arnold late Major
our service in combination with the enemy,
10 XIII and seize such Of the loyal citizens soldiers
OF the United States in garrison West Point
and Its dependencies
rs this charge Mr. Smith pleaded not guilty.
In support OF the prosecution, MIR. SAMUEL CAHooN
produced and sworn Question to Mr.. Samuel Cahoon.-
DID you go on board the Vulture sloopolwar belonging
to the enemy the night ofthe twenty OF September
instant, with Mr.. Smith
ANs-Yes. Mr. Smith had been up at Fshk ill., as he
told me- and came down in the evening" and told he
wanted to speak word with me- and went with him up
in his ROOM and he me TO 90 with him that night
piece he SAID, down the river. told him had mind
TO go, and did not go he did urge hard to
60 Then he said he must send express General
Arnold and we should go to the other house but,
upon my telling him h sd mind to go, he seemed to
urge my going and said it great business thought
twas pes 10 Co. and agreed to 30. We went to
brothers. where consented go to General Arnolds
anu was furnished by Mr. Smith with Sc paper
10 MAJOR kelrce, and went OFT. Invent could
and got to General Arnold before SUNRISE the
raj was not up and delivered from Mr.. Smith
70 oeherai Arnold to gentleman there and was in
formed by the General, there for
swer; and was told by him might 60 on as quick as
could Ireturned back aud sometime in the afternoon
General Arnold passed me- and rede ards Mr.. Joshua
H. Smiths house MIR. Smith the prisoner ackno wledg-
ed that General Arnold at his house that after
noon)-Near shutdown, Mr. Smith spoke to me as | was
gong Tor the COWS, and told up, the Gene
raj anted TO speak with me. went up with Mr. Smith
IN the room where General Arnold was, who asked
10 go with him piece that night said could go,
beng up the night before and told him afraid to 60;
but General Arnold urged me to CO. told me if was
friend to my country should do my best; and last
asked the General where he wanted me to CO. and the
General and Mr. Smith board of the ship in the
~ na ina there was man there the General wanted
10 very much. Upon my saying what was the
he could not stay till the morning. General Arnold said it
must De done that night and upon my saying coui
go alone Mr. Smith desired go my brother
went, and my wife being dissatisfied with my going I
went back to General Arnold and told him did want
70 Co. and told him there guardboas out; he said
there was no danger Of them and said did CO. he
would look upon me as a disaheced man. then went
ana fetched my brother; and when came back we
STOOD out great while before consented 60; but
last we did ond there being boat in the creek
Mr.. smith and my brother went to the boat and rowed
GOWN 70 the snip During my conversation with General
Arnold and Mr. Smith, Mr. Smith was in and out of the
room and do not recoect any particular conversation
passing between Mr. smith and General Arnold separate
NO other conversation passed between MIR N.Y.
sell on the way down that recolec Smith tell
Charge iew ssa R
were hailed by the vessel and Mr.. Smith answered,
u prp Ktnuso
DoDps Ferry; and we were ordered alongside immedi.
ately When we came alongside OF the ship Mr. Smith
went on BOARD and stayed, think, not longer
than quarter OF hour and board the boat
with man. We set off from the vessel and rowed On
shore and we landed at the Long Cove litlle below
Haverstraw, about half a mile below the dock and
about SIX miles from Stoney Point heard no
conversation between Mr. Smith and this person the
way ashore sat IN the bow OF the boat and they the
STERN and Think there had been any could have heard
IT. When we came shore heard the noise of man at
bank above, and Mr. Smith up, and returned i'm.
medatey and the person brought on shore went up
and Mr. iSmth staid with U.S. and asked nv brother and
myself if would 60 board the vessel again that
night told him was fatgued being up the night be.
fore and could not 60. All this time other was
not present. end do not know where he was suppose
ne was up against the bank, as he that way Mr.
smith said it we could not 60 do we thought
BEST and would leave it to but made offer to re-
turn on board the vessel that night
Mr.. SAMUEL CAHooN further saws Mr. Smith b;m.elf
and brother then went the boat Creek
and Mr. Smith staid the shore with them from their
first landing except when went ards the bank and
returned he has mentioned until he vent in The hns
with them to Hav Greek and from thence he emf
with Mr. smith to his house were he lived but did
the person there that he brought shore the vessel
to know him. The person they brought on shore had
dark colored coat but whether black blue he does
not Know, as he dad not take notice of it, II week
last Thursday night, when he board the vessel
with Mr.. Smith. He carried Mr. Smith on board
the vessel had he been board before with
him, and did not General Arnold at Mr. Smiths house
when he returned that night. He also mentions he had
no conversation with Mr. Smith about carrying the man
they landed on board again. except the that
took place the shore he has mentioned and he saws
he received no reward or promise from Mr. Smith Tor
bringing this shore but that General
Arnold had promised him fifty weight of four which was
before he went on board with Mr. Smith, He also says
the boat to take sheep skin with them put around their
oars, and he put one around his
by sMrTH-Dont you reeollect my telling you in 60
ing down to the Creek, intention going for the
service OF the country
A.-you did tell me so.
q by Do-bid General Arnold persuade you a great
deal to go-and did appear anxious for your going
Ale did You did not appear anxious.
e. by Do.-Whose business did you suppose il 10 be7
A.-General Arnolds and yours but did not know
whose it was was urged very hard to go by the
O. by the CouRr-Dd Mr.. Smith or General Arnold tell
you not to your brother what wanted of him until
he arrived at your house
AIR. Smith did
O. by Do-When you returned, did Mr.. Smith tell You
not to mention any body that you on
vessel
A.-Not that recollcct
O. by Do-Dd you object to going board at first be.
cause you thought it was wrong, because you were
tired
Alt was because was tired and thought il wrong
also. to go in the night at that time Of night.
JosrrH CAHooS next produced on the part Of the
prosecution and sworn Question TO him the as the
FIRST to Samuel Cahoon.
AIR. Smith, last Thursday night week. sent word to
me to to his house wanted to speak TO me-
went When came there he met the door and
sat down the bench with me, and asking him what
his desire, he said he wanted me go with hin that
night. On asking Mr.. Smith, where he wanted GO he
said, little way down the river. On asking him how
far and where he said, think board of the man Of
war, shp-I am not certain whch-as a flag on bust.
ness OF General Arnold. told him was sorry was