The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-08-01
United States Circuit Court,


JuLY 3l.-Tne United States vs. Michael a B,rnha,
The defendant indicted for perjury under The az
March, is45 sworn before deputy colIecto On .as a
that he was sole owner Of the schooner wber
IN point o. iact Horace Lowand ofthis State, join
Mr.. TALLMAS deputy collector, sw srn and examined
by the United STATES DDrRIcr ArroRNrY-The afi
davit in the book now produced made by Mr. Burn
ham.
Cross,sramned BY Mr. BEsEDIcr.-was deputy col
Horace LoyELASD, examined by UNrrrp sr.rr. M.
LRIcT ATToRNEr-Resided on the 27th March, lsa5 in
by Mr. Burnham. ~~"'e'
QuEsr.oN-Had you any interest at that time in the
schooner -' ''N'' ~ ''e
Burnham produced and the signatures to proved by wit
convey half the schooner to the witness IN consae
ration Of $3a5 part to be paid in cash. and the remainder
between witness and Burnham, that he the witness
should help him to take up certain paper of his in the
hands OF two persons named Duchey x Morris Wit.
before the 9th March, ls46, paid ss25 the sum
mentioned in the bill of SALE to Duchey 4 Morris and
handed the notes to Mr. Burnham. During the win
ter and spring OF lSl5 there considerable repairs
made the vessewitness advanced for those repairs
and for suit Of duck sails something $780, during
the season OF l944 the vessel was the Joint ac-
count of Burnham and witness. During that time Burn.
ham rendered several accounts of the freight to
witness office; and while the repairs were going
Burnham said that If witness sic Of his interest he
burnham could find him purchaser Burnham came
into witness Office day and asked witness what he
would take for his interest in the schooner witness said
he could not tell until the bills made out; Burn
chase the half of the vessel the half of any other he
thought proper In few days after he offered
part of March, 1885, thinks the repairs were closed about
the last of March first of April had not on the
ath of March parted in any way with his interest in the
he would not part with his interest for less $500
Burnnam said would be much he could get he
valued his half ut $780, and witness thought his half
worth much, and offered to take that sum provided
Burnham paid all the accounts.
Cross.eramined.--Thinksw when he paid Duchey's note
he had money oil Burnham's in his hands il was
some $40 or $780, he gave 1t about the time the agree
me MT was drawn up in the course of that ana
fall he gave witness some $3.50 $780, Of which wit
paid on his account some small there was.a
difficulty between them as to their accounts when they
to be settled up has recollection Of having said
he found out an error in the accounts of $50 favor of
Burnham and that he Witness had it credited Burn
ham. Witness was in partnership with a man named
Smith in 1912, they owned called the Signal and
Burnham 1t for them shares does know whe
ham and wit ss; he might have looked them he
in the office the Of that time does not rec0llect
that witness asked Burrows to adjust them; thinks wit
ness issued an attachment against the vessel in the
spring Of s45 affidavit made by witness produced wit
got bond alter the attachment suit commenc.
Cd, the bond is in possession Of the solicitor
counsel in the Chsncery csuse when the in Chan
Gerry was instituted the attachment dropped. There
were two other witnesses examined but their
was only important SO far it went to corroborate
part OF the evidence Of the former witness
Mr.. ABNLR BENEDICT opened the defence, he said they
would rely the fact, that the legal ownership of the
vessel in Burnham the time he made the aft Iavt
and that the practice at the custom house
quire the person who had the legal title in him, make
the affidavit TO entItle him to the custom house paper
that the affidavit merely as to knowledge and belief
and secondly they would show that the equitable
ownership was out of Loveland at the time the af-
dsvit made Witnesses for the defence were
called and proved that there unsettled accounts
Lovland and Burnham and that the latter claimed
large to be due him part of said accounts. II
was also shown that the Commerce rebuilt between
the LIST OF February and LIST of April, ls45 under the
direction and at the expense of Burnham and that Love-
land said he would have nothing to do with her. The
case is adjourned to this morning.
Noe Proseques were ordered to be entered the in
dicments found against Andrew Scott Thos Little and
Frederick Smith, by the Grand Jury.
About y o'clock to-day the Grand Jury into
Court and were discharged