New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-06-30
LAW COURTS.
I. y. Distract Court SATURDAY. Juae -
Before Judge Belts

Before Judge Belts.
AYceeG Cuban Expedition. Ogden Hon
man, ESQ for the prosecution. followed Mr.. Hall.
c0uicutng that he Neutrality act. 6y It's terms, l.
applicable 10 PERIOD Of peace equally WIN tiine
% Var-thsi the defendants have rendered them
selves liable under %, and hat he intlctmeni ~
sufficiently eXplct 20 place them upon ;heiT defense
MT. John an Burcn. on behalf OF the defendants.
Ne>>ls O'Sullyan, >icisinger and Lewis held the
reverse aS maintained, also, by Mr. cutting. Tie
commended that even allowing the act 20 be effective
IN time OF peace. the mere POSSESSION Of an uaArmci
steamboat. such a. the Cleopatra and the engaging
Of unaTmed men. not pretended - re equipped, or
prepared for expedition. Is not case thar can DC
construed 80 come under The law. Which speaks m
terms Of armed vessels, &c also. that the intict-
meni = vague and should be- QGaSAet DeclSioa re
served
I. -. Commi>>ioner's Offcc SATURDAY. Jane -
Before Joseph BRIGHAM. E>q 1 ; Commissioner
Ertradihon CQse.-Stephen Walsh.
who recently enlisted in The United States service,
and stationed a. Bedlow> Island IN this harbor,
Was brought Up on a reQuisiucn. claiming TIA, he
with eight Others. deserted from the British army IN
- John. Brunswick, British C0lOnyl 6TSt Sagglns
and tying the corporal Of the gu3r and taking trOm
ms pockets two KEYS worth 81 and penAnite worth
81, and also icloniOuS.y carving OF nine muSke,S
and hayOnet>, nne cartridge boxes, eighteen belts.
uniforms &C. that said acts would he ini,ctable IN
this state and they therefore claim that SAID stephen
Walsh. under the treaty between Great Britain and
the United Staie> ~ surrendered 20 the British au-
thorte>. 90 De taAcn back and dealt With according
20 law. &c.
The rcousSitioa on which the arrest OF Walsh was
made. Is headed IN ne matter oi stephen Walsh,
Edwdri REYNOLDS, James Robs. VIM Nelson, John
Gregory Patrick NluAalcy. Dennis Moore, Thomas
RoCCrS. ana John Shs~slls"lS icea Ne Right Hon.
SIR Iyiton Bulwer koighi Ciyll Bath. her Britannia
NlieSty'> Envoy Extraordinary ~ The y, through
Anthony Barclay ESQ. anu Siatctto have been rom
information on original authority trOm EXcelency
SIT Edmund Walker Head. baIonet. It. Governor
and Commandcr-ln-t hici of the province " New
Brunswick. &c. that these men Ind assault one
Richard DouSc. and tyeing and ssggng hum, threat,
Cned to take ms he, and dit Win ioue, roo anu
steal from his person one knife and two KEYS, and
also feloni0usiy took aad stole certain army dccou-
trtmeutS. &c. AMI then flew and escaped INTO the
United states that sand acts would Justify their ap-
prchcnsor anf commitment Tor TRIAL m the Us, and
asks that said " Pc gwen mp.
Testimony was taken before the commissioner
Rirhgrf DonSt. the party alluded to. testified 10
having been lance corporal, m the 9th British Regl-
ment. stationed az - John. b, that On the Nh
Nav last lie was IN command of a guard consisting
of a squad of men, at the ordnance wharf AT n.
iohn-thrCc OF the men were on sentry ant the 9th
er> about The guard house, th1t about . o'clock IN
The morning he was asleep and Vas awakened hY
feeling some persons rolling HIM over and tying hlS
hands behind HIM when my arms were thus tied.
Walsh asked me 10 1 would desert With them told
them would not, and advised h-ti to consider what
they were about Walsh then took rom my pocket
TWO keys and a knife he then caught mp loaded
hIclOck and presented 30 40 me. and said must go 81
allow myself to bee tlel or gagged they tied piece
of stick. taken from a broom handle, IN my mouth.
and lcn Walsh and another came back ami took the
gag out Of my mouth and asked me again II would
desert with them / refused, and SAID N theN took
me they should not take me alive they then gagged
me again. put out the light, went out and shut The
door the whole nine going Oh. and have not seen
them since after they had gone rolled Oft the place
where had been lying. which loo>cned the rope
round my arms "A little, and gradually worked my
self clear of 70.
Stcphcn Walsh. the accused. IN ms testimony de-
med having been guilty of any felony IS Enlarged he
,.lt b - rhf IA be- ~
have been so frequent there that the hon-commi,
stoned officers are afraid IN regard To II, and The cor
poral and the others talked of It that night the cor
uoral rtQueutlN during the evening ana nlghti went
tOa public house near the ordnance yard Tor the puf
pose of getting drink. and hi manner ana appear
ancc show ed that Dee had succeeded nm doing 80 ne
land down the matter of desertons having been again
talked of, and went to sleep the men anne 10 a ne
termination about IL O'Clock 90 desert and one Oi
them went round 30 hshermanS house, "ho
brought ms boat 90 the wharf to wait lli We were
ready We asked the Corporal to desert With NJ, but
he refused t Was not true that or any other person
presented 4 muskct al hun. Finding he would not go,
We secured HIM SO as To prevent alarm smut 70" me
guard house door and attempted 10 lock II rom OUT
side but could not and We all embarked then IN the
! boat This was on the IN OF May next Saturday We
| arrived at Passport, where We could ma no employ
| mcnt We told the people who We were. from there
! WcprOceedcd toward West Machas, one of our mum
| Der on The way succeeding ma getting employment
! with a farmer near Ea>tpou. We Nefe otefldheh
! and arrested by Mr. Wood Shcuh OF Ndshulg
ton County. on a rcqulsltlou made by Mr. James
S.ockiord. British Wee Consul, charging us with
/ felony IN having stolen accoutremenis. We
were taken before q magistrate AMI thFee Jays
afterwards examined, Mayor OF the regiment hay
ing arrived from 81 John, bat the magistrate hndin9
the charge Of felony not tO be- true dism ssed US and
iutmatod that would not De arrested on similar
rpo,,.itou again We then proceeded towards Bos-
ton. whe.e arrived and subsequently enlisted there
nm the = army and vas detailed 10 service At bed
lows island am not guilty Of any felony. acN-
nowedeo tha, deserted, but the step was caused By
The tyranny and injustice which ! was subjected %
I'M the British service In my enlistment | nave
sworn allegiance 10 the L > have gwen satisfaction
to NV officers have once been tncd on thls charge,
and hone I may not be- sent back 10 be pnl,hed by
AT least transportation 10 penal settlement ior HE
None of the others who deserted with W have been
discovered Decision reserved