The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-19
rhe Alleged Cuban Expedition.
u. y. District Court.
-. IL. L-t.l.rL Il. I'm
Iel0fe Hon luIst : ultNth
sfsziT-raL or DoCToR BURNETT roR ooNrRNrr Oh
COURT

rxNrH pAr.
MAscti ls.--At the sitting Of the Court the District
Atsrncy said he wished to call Capt simpson of the
jean Potter. before be examined Mr. Burtnets
JOAN simpson being sworn deposed-I command the
Jshn Potter; did in April 1851; have comm ,nded
hr eyer since sDe phys between New York and South
Amboy e.-po you recouect being hailed in the
river al south Amboy about April 1851, Al
sn hailed often 1 can't rccollcc. but rccoi-
iecs stopping the boat and received passengers
sn board from small boat at Amboy; introduced
70 them sfser they board recolect the
81 MT osnLivan; don't recolcct the time. Counsel
ssrced upon tho time to be 22i Of April
The witness crosse xamnej.
MT Bur.nett was then called aud identified letter
now prodneed as having been received eve By hun Rom Mr.
read the letter. subject to exception by defendants
counsd
DEAR SRI have just come from Mr. Sanehess. where
s:sls y. s ' syssss .'s , vi.
vessel bonds and with your vessel he get 5000
& sss sss
!.n55' ,Irssspse.iay. $500, FREDERIC FREEMAN.
Winners contnucd-The vessel hero referred TO
Is ths schooner spoken Of on the previous sun
vessel with Cuban bonds they wanted me to let
them have that vessel. and said they were short OF
money the value Of the bonds was ten cents on the dol
M; went according 10 the request contained in that let
ter did rot let them have the vessel have Gu
ban bond; raw it in Capt. Freeman's hands, not
positive to the amount II for think 81 900 O.
Do you rccaloct who il signed by. 0bected
net pressed received $3.50 account of my written
L
ceved those $3.50 from Mr. OSuivau that left $3.50 ba-
lance on the contract; had conversation with MIR.
OSullivan in the Marhas Office, with regard
lance; 1t the Monday morning after arrest II
was on that morning that met him, but cannot say
THAI II tbs 18th April said to him, in joking way
That as expedition had blown up he ought to settle
up he replied that ought to take The balance in Cuban
bonds did not take in bonds has been paid
to
OWN you state when You first went to the Marshals
ooe' ~ can't say positively as to the day; as said
dir CT examination before ii in the middle Of
tho weck-Iucsday or Wednesday; can't fix any day
mere positively as to the Marshai but to tho
District Attorney went first to the Marshas office;
can't say positively TO the number of days that
i.tervencd between the time l went to the Mar
sAals Office and the time | went to the District
Attorneys there may have been four or five;
am positive as to the time first Mr. Evarts; 1t
the Tuesday previous the arrest Of tho boat
have the spanish Consul in relation this master;
think the Monday Tuesday AFTER arrest
not positive, but it after tho arrest; on the
Monday succeeding the Goth
Crpss .exsminedby Mir Cuttng-Sincc my examination
We other day have converted with Mr. Hall and Mr..
Evars il the afternoon ofmy xannaton; evil
deNce the subject of conversation the day which
first Mr. Evarts the subject of remark Mr. Hall
said he thought made mistake with regard to tho date
which had first been in the District Attorneys Office
he thought had not been in the District Attorneys Of
Without any suggestion would have corrected the date
Of accord; would have corrected it from read
ing the report OF my evidences the only other
rectGn would make in the report in the HERALD which
b very correct and which hold in my hand is with
gard TO the word place which should DO day where
II says the conversation took place At the place;
it should lie the day that the only correction
l hsvc to make my first name Is Daniel | spell
my Burtncte have spelled that way for about
ave years spelled with two is before that my fathers
name is Daniel he spells his name with two ts was
nsNe to distinguish il from the other which has
Of Daniel do net know that any other members
Of nv family spell their names without two s it is some
years CORES ponded with them; have resided
where else but Marks psce for twelve thirteen
years lodged in Msrketfeld street; my Office
Is James slip. did my business there for and a
half up to last epember had special Office previous
to that did any business at my house had no place of
my Office then No. 10 Wall street; money broker;
became acquainted with MIR Chscon the Monday after
arrest called him at his Office at the Consul
bate went alone saw MIR Chacon saw no ono else
At that tms introduced myself went there at his
guest by message communicated verbally TO at the
Mar hs Office the night Of our arrest no asked me to
csa At the spanish Consulate Office on Monday morning.
went There ut II O'Clock Q-Wel what passed A
Well sr don't know that l should answer that ques
tion
Mr. outting-Wc ask the cour, compel the witness
Court-0n what grounds do you decline A,-Because
it has nothing 70 do with examinations part of il was
private aud ut the defence shows that it relates to this
decline: another reason IS. the conversation was
my private matter.
The judy diqcci, the queson to be answered,
The NitLess-l stand here TO protect myself against
such introduced by Of the
sci in the forrest am not here TO be tried; Mr
ossrl,;Ya an h 10 lie tried
The Judge aid if the witness did not answer, he should
commit him for contempt.
MIR Duruott-I wish to tell the court that these par
tics followed from post pillar and threatened
in the streets with assassination On Saturday last
was attacked at my own door.
witness making speech. He was in contempt, and
had no right tospeak.
WitncAx-Thrcats Of assassination have been thrown
out al have been hunted since April last was ut
tackled at my Saturday last, as show
don't to say it done at the insgaton OF the
defendants but they have moved heaven and earth TO
bring witnesses TO testify against my characters was
told would be assaled here and came determined to
take my stand and protect myself against being tried
here. when a witness; If there is anything against
me- there other courts where be tried; may
well say this point Of the proceedings that will not
any question relating 10 private transactions
but will sate TO the counsel that If this Is what they
want to know did break up this expedition by the ad
vice Of my best friends
Mr. Cuttng-I ask you to answer the question, or
will call upon the Court to commit you
Mr. Burt nett-WeH, sir you may ask ths Court to CON-
NIT
Couit-Repeat the question. Mr. Cutting
Q.-What took place between You and Mr. Chacon on
the morning when you called at the Consulatel
WilncsE sin declines to
MI Cutting then said be would draw out the commit
mont in he form that which he drew up for the
oomnitm nj Of Mr.. Douglas in Tappans case.
The District Attorney wished it TO be distinctly
ac1stood that the witness not acting under his od
vice in with his wines II the prisoner
(Buruett took hs advice he would all the ques
lions put to him by the counsel for the accused promptly
and without hesitation.
ment
then suggested the Court that the witness should
be committed for certain number Of days and then
called up If at the end Of that time he should still
fuse 20 snwer he Mr. Cuttingl would move for his
Masonry anN Anti-masonry. the case Of Morgan, and
several other cases.
The District Attorney suggested that the witness should
be informed by the Court that possesses the power to
impose a fine which be levied his estate, in add
ton to tie punishment ofmprisonment; and he wished
to state that be advised the witness all the
question proposed by the defendant Is counsel
MIR. Hoffman followed on the same side and thought
that the witness should be informed Of the peculiar POSI-
ton he II in lie submitted however that the power Of
the Court continue the eomritgl terminates with it's
session The hope prosecution is that he will yet
and their opinion Is that he ought TO answer.
The Judge faid that before he subscribed his official
name to tho warrant he would explain to the witness his
position that h. might have opportunity to consider
The he pursuing.
The witness aidThie not the pTeciso question that
object 10 but it is leading to er questions which
vii deo 10 answer. and in order the time of the
Court r,ink II better TO object at
District httorncy.-fou do not know what questions
will be put 20 you.
Witncss With all respect 10 the Court decline TO
answer.