New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-03-20

| u. -. DISTRICT COURT.--L SIole Juis
;adson.aAAsssd cssan Erpsdifios-J. >. ast Jss
Athe opening OF the Court Mr. Cutting com Nane'
1tne Judge that although he (she Juisel Ia OF
eefeu MI burtnsst. yesterday, into close casso- v
of eonssmp, OF Court, instead Of his having been
20 Aeps IN Gloss CUSTODY. he was teen last evening
ABOUT O'CLOCK ss No iS3 Fulron-st drinking either
s,ohe OF 10 company with other persons; ana an
sso Informed said Mr. c., that as late as 10 O'Clock
n nighs ne was at No III Greenwich 81 PLAYING
cafus In company with another man aud two fema ss
he counsel complained that toe orcer OF TIE Court
70 Keep SAID BARNETT IN close custody had been dis
os t.os9. ne od nos impuss blame 70 the Marshal
Or ns ohcers to wlliul violation Of the order. a.
lie District Assorney, in reply. said tae Marshal
was moi 20 DIANE the din Guilty Is that Congress has
NOV PROVIDED Tor him any prson for the SAFE custody
% persons committed by The United Ssrtes Courts.
ana ne has to place the prisoners the State jas
ous mas no control over them whls there and tas
supreme Court has decided taat an action for as
cape on commitment on civil process the u. s.
Marshal Is no; liable, from this esnss
=, MesHs Cutting and Van Bursa contendsd that
the Marshal. having received an order from the
Court TO hold party 10 close custody, is boand
to do 20, although ne should have to provide suit
able place At his Own expense and look to the Gov
eminent FOR remuneration
1t was subsequently stated that. by law of Con-
gresS the keepers OF such prisons bound take
the custody of prisoners placed with them by tue
Marshal, on process out OF the u 8. Court that the
law, II was said, did no, reach case suca as tas
Court
The Court said it would take tbs case into serious
consideration, and IN the meantime leave the matter
IN tne discretion, under the order of arrest Of
the Marshal. Ny own impression, said the Judge,
IS that the party Who took the custody Of the prs.
oner, THE receipt acknowledging tho commitment
County Jail. Brooklynl is an officer for thar dur.
pose, of the u. s. Marsnal.
Mr. Rsko~ recalled-when MsJ,r 3 showed me
the picture OF Cen Lopez, said " We are going to
Cuba; y he then said TO me, Will you join and 20
with usf answered, would not 60 there without
knowing the conditions, what We intended to do
there, and how circumstances were there, whether
promising success or not was then obliged to show
him my commissions from Europe he told ms
engage you IN the same rank you had in Europe
he SAID my pay would be $40 monthly; would get
feed for my horses. and II We were successful,
ward OF from 5000 20 $1,000, II not successful
would get employ in the South, with half pay this
was the hrss day he told me should keep IL secret,
ton Cuba, but say 1t was Texas colonization, in
such manner as a military character should. in
which the witness complained that he had at differ
snt times been compelled In the various postpone
ments of the time for sailing Of the expedition to
break his word as an officer.
The letter was read IL speaks Of having on 26th
V January set out In company with the person sd-
dressed, with strict inst uctions from the General to
bring together 400 men, Professionally, and mere, IL
possible, and be ready to start on the 25th of Feb
IuaIy speaks OF the appointments and postpone |
ments from time to time of the greater part OF tho
men having given up their situations suggests the
best thing to do Is, nrs TO depart and second, IL
not. the maintenance Of those engaged till the time
Of departure says he curses the hour OF his depart
Dre from New Orleans, &C. Tho witness also tes-
nfed to SchleisiDger not having confidence in one
Of his associates named Sh0ning and DIRE " up a de-
,lsratlon and oath, which Schsisingsr. (who styled
himself in 1t Major OF the expedition and director OF
affars) witness and four others, Including Shonug,
Ill officers signed The declaration speaks OF thar
being engaged in the holy cause OF freedom speaks
,f the necessity Of good faith promise each other
rot to divulge their object to any consulate, &c
hat tho melancholy result of the recent c0mmosion
n Europe shows they must guard against treAchery,
Ind in the event Of either Of the parties proving
this case, each OF the others has right not only
declare him dishonorabe, but also, without further
consideration, to make such IN individual harmless
that is to say, to strike him from the number OF the
living.
The witness said Major 8. said, II the secret got
,ut through other parties, these signing the oath
we're not bound to kill each other for afterward
peakng Of il. He also said no would throw the in
into the sea as soon as they should get upon
he sea
Witness spoke Of Schlsisinger and himself going to
Mass Schleisingsr did because the meR
lad become 90 noisy and impatient he preferred
icing out of the way 8. was tslssraphed for and |
,sme back; stated afterward that he had justified |
himself to Mr.. Sanchez, and tbs expedition would |
oon start Finally, witness went, with Others, 70
south Amboy; was arrested In the carly part OF
Nay by OfhceT Rakeile witz, plaintiff, and another
srod TO the officer eoohs she % lisss nan,
heir classification dragons, artillery, c which
10 psen prepared by MAJOR Schlssingsf and agents
Adjourned 70 this f6fenoSus