The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-11

men
Mr.. Cutting objected to the question in that form.
Q.-whst did BURNETT tell you that his employers
directed him TO do with the vesee-what purpose did
they say tho men were fort
Mr.. Van Buren, submitted that what BURNETT said
to the Marshal not evidence against the defend
ants.
Q.-what did BURNETT say he was employed to
dof Ale was to put the men on board the
chart; he said that Captain Lewis and Captain Will
son were to take charge Of the vessel then, and
there his duties were at an end.
William T. Rogers was then sworn and dep0sed-
reside in Jersey city; know Mr.. O'Sullivan some
four or Eve years; l know Capt. Lewis since May
last; might possibly have known him in the month
Of April; was one Of tho persons alluded to by
the Marshal as having boon arrested on 18th April;
two or three weeks before I was arrested; / knew
Louis Sehlcssinger; know him at the time Of my
arrest. Q.-Did you ever sec O'Sullivan, Lewis and
fehlessenger in company together? Al have. at
chez, in Eighth street, Ninth street; another Mt
coaiee-house, In Warren street; do not know the
number; think it was French cofee-house; I
don't know that ! cav them together more than
twice or three times before the arrest; think
BURNETT was in their company one time; saw
BURNETT in their company ut that same coffee
house; knew Mr.. O'Sullivan, well; he married o
cousin Of mine. Odd he ever employ you to
steamer Cleopatra! Ale did; don't recollect
the subject Of the interviews between those gentle
mon when was present; know what part had
in it; my intercourses were with Mr.. O'Sulvan; I
had nothing to do with the others, except general
conversation; Mr. O'Sullivan employed me to pur
chase some provisions, to put on board the Cleopa
ira; he gave me list ut different times Of what he
wanted; lave not those lists; they were only
slips Of paper, and / suppose ] destroyed them;
executed the order; the provisions were sent on
board the Cleopatra by me, and taken there by the
mate; they consisted Of beef pork, beans, coffee,
and rice; the beef was in barrels; don't recollect
how many; there were more than ten l think there
were 20; don't recoect if there were any should
ers of smoked beef; there say Is barrels
was sugar, tea, wine; don't know what description;
here were four quarter casks Of wine, think; l
think there were two or three boxes of tea; think
the purchases amounted to about 81 ZOO; l took
vouchers and receipts for the amounts that paid;
gave those vouchers and receipts to Mr. OSullivan;
paid for the articles.
Q.-Who furnished you with the money! A.
Mr.. O'Sullivan; purchased some blankets; don't
recollect how many; should say between two and
three hundred; they were common blankets; think
they were gray; they were put up in small packages;
don't know whether bought them from an i'm
porter; don't know if they were changed from the
three or four kegs Of horse shoes and two pounds Of
horse shoe nails they put up in small bundles;
think they were then put in bag; did not buy
anything Of hessrs. Hoe & Company, in Gold street;
tions; ] think Mr.. O'Sulliyan told me they were
printing materials; did not pay any money there;
bought some powder; ordered it by the direction
Of Mr. O'Sullivan; ordered about twenty kegs
tin plates and cups, from Windells Co., Of Maiden
lane; bought some sheath knives there; guess
about zoo; did not buy any musical Instruments;
believe there were some put on board; can't say
that saw them; Mr.. O'Sullvan told me to ship o
box, which be said contained musical instruments.
Crossexamincd by Mr.. Cutting-The tin cups and
sheath knives arc such as used by sailors at sea-
did not buy any fints, any cartridges, nor can
NON hn1 lnnd otrlp
weapons Of any kind. Q.-When Mr.. OSullivan en-
ployed you, state what he said was the object Of
those things.
Mr. Hoffman said any directions Mr.. O'sulvan
gave respecting the purchase OF the articles would
be admissable but what Mr. O'Sullivan said as to
where the goods were to 60, was not testimony le-
galy to be addnced on the part Of the accused,
though it would be competent on the part Of tho pro-
secution.
Mr.. Cutting contended that it was admissible, as
oharacterizing the employment
The Court ruled that the party could prove oil
that was said ut the time.
Witness continued-Mr. OSulivnn said the vessel
was fitting out to carry some emgrants to Texas, and
he wished to know whether would purchase some
provisions; said would; he told me what to pur-
chase; whore TO send them, and how to send them;
and gave me money to pay for them; don't know
that there was much more took place on the first
conversations there was considerable talk that time
in the papers about q Cuban expedition, and was
afraid might get myself into trouble; but Mr..
!
legitimate enterprise.
To the District Attorncy-He did not particularize
the part Of Texas that to be colonized; he did
not say that there were any women going with them
to colonze; he did not say TO what in the settle
ment the musical Instruments, or the nails and horse
shoes, would be applied in Texas
Benjamin H. Tallmadge, examined by Mr.. Hof-
man, deposed-I am deputy Marshal, and son Of the
morning of the Path Of April for the first time; it
on Thursday; think 1t was about five o'clock
in the morning; found two men on board; they
at work at the engine; Remained there fifteen
or twenty minutes, but did not do anything Of any
consequences do not recollect if left any on
board; merely took superficial view OF her ut
that time; saw quantity OF Goals, boxes, barrels
and water casks she had large quantity OF Goals;
there were about twenty or twenty-five water casks
some Of them were covered with coal; do not re-
collect whether any Of them were full; went on
board about twelve or one o'clock at noon of the
same day; then made slight examination Of one
or two OF the boxes, and two of the barrels;
am not positive whether went again that evening
or the following morning; when went on board
the second time saw q number of persons whom
was not acquainted with shortly after went on
board two persons-Mr. BURNETT and Mr.. John
Sullivan-came on board; when made the ex-
amnation-ether Thursday or Friday found that
the heads Of some Of the barrels had come of by my
walking on them, and that the barrels contained
hard biscuit; OF two Of them, ] do not know
how many; there were sugar boxes contain
ing bacon; do not know how many; the next
time went on board found that one or two boxes
had been opened; one Of them contained musical
instruments; there was label il stating where
it came FROM that's all the mark reccollect; they
were brass instruments; wind instruments, rumpets,
horns, &C.; there was another box, marked on the
outside, "coffee mills which contained tin plates;
] should think the box would contain $50 or 200;
did not count them; the box full; another box
contained India rubber canteeDs; / should think,
from the size Of the case, there were somewhere
about two hundred in it, there was another box
with similar mark to the box containing the can
teens, but which mark do not rccollect; did not
open it, don't recollect anything else; my impress
sion is that Mr. BURNETT and Mr. O'Sullivan left
the vessel before / did; they came on board to-
gcther; but | do not recollect whether they went
away together: there were some bales containing
blankets TO the best Of my recollection there were
two they were closely pressed; went on board
again on Sundays then searched and found some
thing else; on Sunday, in the small cabin, at the
~ The lower snlnnn found nnMder. / found II