The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-17
The Alleged Cuban Hxpeditionists.
United States Dlstrica Court.

nr Cuttlng admitted them to be in the handwriting o
| Mr.. o'Sulliyan
- -,r n,... - Nrw yoss, May 60, 1851.
FoR rur SoUriERs DIsrRIcr OF Nrw YORK
sR-fnclosed you have the affidavit required OF
aeondon OF the surrender OF the Cleopatra held by
the Marshal IN the custody of guard OF marines And
az you also wish that should express in letter what
have stated to you verbally, respecting my intentions
about the vessel thus s.ate that my present purpose is
putting her into the passenger and freghtng trade be-
tween that place and Texas with view to her making
money in that business until such time may hereai-
ter see fit to employ her otherwise.
respectfully, your obedient servant.
CIV aud County u Ne,o York, 81,
John l. Osullivan of the city and county aforesaid,
being sworn deposes says that he the law
fri owner rs Of the steamer Cleopatra,
Sworn before me, this soth May 4 D 1851
DANIEL w CLARrE, Com'r of Deeds.
CaB aud County u NeU York,
j. u 0sulivan being sworn deposes and says that he
i the lawful owner Of the whole Of the cargo board
(signed J. T. osULLIvAN.
Sworn before me this 2ist May A. d. 1851
DANIEL w. CLARgc, Comr OF Deeds
The District Attorney then produced Mr. RoImans bill
which had been proved in evidence Also bill OF various
parcels, bought of Bun and Herdergros amount, 1891
CO, April 5l. MARKED by the Court % The District
Attorney then put in evidence all the papers produced by
the Custom Housest the conveyance tho Cle opatra
Isaac Newton dated April 49, 1851 the conaidcra
ton Of Si2000 next. the bill Of sale from Drew New
ton to John Rodman dated April 49, 1851, for the
Mr.. Van Busen,They conveyed it the day before they
got it,
will road the agreement between Mr.. Rodman an
Drew and Newton lie thon produced the certified copy
of the bill of sac from Rodman 30 Capt wilson recorded
the 3d of April 1851 for the consideration Of $l3 600
next the bill Of sale from Capt Wilson to Mr. OSuvan
dated "a May, 1851 confederation Sl3C COO without any
condition prohibition to the place she to navi-
gate the other bills Of sale prohibited the navigation OF
certain places next he offered the clearance papers, then
the register Of the CLEOPATRA dated "a May 1851 which
recites that J. H. OSulliyan having taken the oath de
clares that he, John H. Osullivan is the legal of
the Cleopatra next is bill Of sale from John H. Osuli
to Gilman Appleby of Buffalo dated l2h July 1851
it is ordinary bill Of SALE without any conditions or
prohibitions, for the consideration Of $1,000.
Frederick Freeman was then sworn and dcposed-T re-
side in New York; am commission merchant; was
introduced to BURNETT by Captain Glover was also in
troduced to Mr. 0sullivan, think by Mr.. Sanchez;
had known Mr.. Sanchez since 1890; he lived in the
island Of Cuba; he lived in Temple place New York; /
went to his house; made the practice Of calling there
spring of 81; think not oftencr than week;
think Mr. O'Sulivan there once; Mr.. Sanchez and
Mr. O'sulyan We're alone don't think have
Major Schlessinger there have BURNETT there
think once; Mr.. 0'Suliyan was there then.
Q-What was the subject Of the conversation! A.
there, and then they retired think had O'Sui-
enter the house once before Q.-Who retired! A
Mr. Osulliyan and Burtnett; Mr. Sanchez and myself
remained in the paror; they went out of the
did not return again before left it in the fore part
Of Aprbetween the first and fifteenth Of April before
Ivan hnnt thn SAILING or nurchasa "f vessel NJ o.sui
Ivan mentioned to when saw him before that he
wished ~ sell = ycsse that he had bccn irving ~ eol Il
To mo- that Il didn't answer nv purpose Mr. OSulliyan
sad he wanted to purchase schooner or small vessel
did NOT designate what bonds did not know what honds
they were Q-Iavc you ever the bonds known
taken ducs Jaw Hank bond said to be t'uba
bond. Il was nrnted not filled I'M never had anv CON
yersaton with Mr. O'sulliyan about Cuba bonds think
hr Snn nhGV shn me thn hnn1 IN 1t in
hand as a curiosity. IThe evidence was objected to
The Court said that nnless II waa connected with one of
tho nartiss Il would not no odmss;be WV "'''' NA "
Mr. Hoffman said they expected To no able tn connect
Mr. O,Suiyan with the boud and to show that II w,a
SIGNED nv General Ionoz
Mr. Van puren Objected To the Introduction Of tb cir
cums,ancc win slYicl Il was conceded Mr. o,smm;ynn
mad nothing To do The question was waived for tho
l. nv bondwrtinp and addressed ty me to BURNETT
. ~ u,5 .s..' ~ ~ =, eao tro ,,v.r -
Tho Court again r,ed that counsel on one side or the
o., 49, t nn,i,i,d ~ goo 4 naner nrodnced nv tho
onnotc eourscl until II was mt in evidence They had
rbt IN have naper identised and could put il in evil
d.nrn xylon I,y ,l,ns,d An ARGUMENT cnlied on tho
rnL. cla;,nad ap1 an execution .ahen
q did Won ever make an appointment with Burtnet
tomcet t,'suliivan 1T Mr. Sauchez's house Al went
Ia noctor Eurtnetts store to got some medicine and
Ia itt.r .o,,inr tbot oeu,vnn wanted tn purchasc
,J and +bat Gould no NJ sanchez.s horse with sui
,;yo ~ o;,ht o'clock frbc rpadinu of tho Let
ME- - thc bse Il sancbel for Brtnett until II
o.e,aclI ctirc,,d IN : -
Tho Cont sskcd tho object Of the question
THO ntr;c Attorney said thew gnposca that Burtnctt
was tho agent az 0ciiyap and thew to prove
No. ~ 5on,s ~ o g;y.n for tho mart povment 81 the
vessel were Cuha bonds signed by Lopez and If So Il
wonld he material chain in the evidence
~ W. p,,ron soid That whatever right they had Ia
claim that Mr. o,sulliyan was Burnets agent there was
none 10 show that Rurtnett was OSullyan agent; and
no commanded that the testimony offered was not a,m
ellie Int hat Il was remote and incompetent as regards
The defen.iants
THO Court decided on admitting the question saving
that ;f tbc District Attorney failed to connect Cant Lewis
~ Mr. 0'Suyon with the evidence in this connection il
would no excluded
THE District Attorney then offered to read the letter
Mr. Cutting objected and ayowcd his intention to compel
tbe government to produce Burtnett Mr. Hoffman re-
pled and said that they did intend to call Mr. Burnctt
and that he had minated such to Mr. Cutting in pri
waite conversation SO that there would be no compelling
about IT.
Witness continued = think it was voluntary with me
To wait for sfr urtnett Mt Sanche2s house that night
o-Were Won to wait there or not for him A-No sir;
was under no engagement To wait Mt any place for any
one that NIGHT tin III o'clock left word Mt Mr. Burt
nctts that would wait there or be there until IL o'clock;
da moi leave word that Mr. O-Sulliyan would wait tin
II o'clock left word that Mr. OSulliyan was waiting
fr him frnr Al Sapcbez,s. aid not say how long
IL -. az o,.,,u;,o,, Al 40 H.,