New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-03-19

AHHY uncovered "A
II Janaes-s The FIRE had but just got under way
snd vss easily extinguished by the officer before any
amaze to the premises occurred. From the appear
Sc Of the FIRE, IL was evtoenty the work OF design
The CUBAN EXPEDITION --FoRCING A
WITNESS TO AsswER.-In this dry, tedious, unints-
mating case, there lie this morning q singular epi'
,ods, which We give in detail, as follows:
D. H. BURNETT, Tecalled-Tne letter dated 18th
April, 1851, shown TO me, received from Mr. Free
THE letter requested witness to meet Mr. O'sulli.
vsn IN relation TO the purchase OF schooner and to
uopose TO take pay In Cuba iands]
Wifnsss-The vessel referred to there Is the
shoonsI referred to on Saturday ss1nn ss:x me: .sa
~ were 0h0N OF money, the bonds were TO be AZ
n cents the dollar went asreeaoly to the let
~ and told them could not sell altogether for
Snds-must have some cash saw Cuba bond Ia
lands Of Capt. Freeman; think 1t was for 1000.
Q.-Do you recolIect who II was signed byi Job
rscS,yed $3.50 on account Of the written contract
Al i0th March, between myself and Major Schlesin.
~ a. 70 proving . so0p and Steamboat to put men
m board q vessel in lower bsv received them
rom Mr. O'Sulivan thai le't $3.50 due on the con.
tysot had conversation with Mr.. O'S. in regard to
"a balance the morning after our arrest met
Am said in joking way TO him, as the expedi.
don had blown up he oush TO settle up he implied
Iouaht to take the balance In Cuba bonds did not
10 nav in bonds the balance has never been paid
o'-when did you first 90 to the Marshals Office
rOcjected to a. he has before statedl
R,tness-I cannot say exactly; II was IN the mid
ale Of tho week. Mr.. Cutting said he had before
"a Tuesday or Wednesday went to the Office of
he Msshal before to that OF the District Attorney
caunot say the exact number OF days; there may
have been four and there may have been i've first
saW Mr. EvaYt at the District Attorneys ONCE, on
Tuseday previous 10 the arIesr OF the boat saw
he Spanish Consul In relation the matter the Mon
Az or Tuesday AFTER the arrest.
tyessessminsd by Dir. Cuttns-Since my exami.
nation on Tuesday, conversed with the Dntrict
Attorney and his Assistant, In District Attorneys
Office my evidence was the subject OF converse
ton the day hrst saw Mr.. Evafts was the SUB.
ject ofFemaYk the District Attorney said he thought
had made mistake In my examination as to the
date Of my going to the District Attorneys Office
be thought said earlier thin was the case told
him ! had not fixed the date would have corrected
Il had hc net spoken.
The District Attorney WAS not present when
lIot went to his office do not kaow how he could
conect the testimony my hrst name IL Daniel
spell the name BURNETT Burtneie have done 80
fvs years my father 10 Daoiel BURNETT; changed
The name in New York did % because 1t suited
ne; wanted TO make distinction; do not know
whether any of my family spell the name Burtnete
DO not speak Spanish have resided ct no other
place than No. Bond.st. for twelve years my Of
Ice 10 at No. Is Jamesslip; has been for about
rear and half had no estensi0le Office for some
time before then--did my business at my house
stncs 1916 before 40 my office was at No 10 wall.
d.; / was a money broker; l became acquainted
with Mr.. Chacou (Ass't Spanish Consult on Monday
altef arrest l called on him At his offcs went
alone saw Mr.. c.; introduced myself; went at his
request, verbally made by him TO me as was pass
tpg out Of Dist Attorneys Office night of our arrest
he asked mo to call atthe Spanish Consulate Mon
day morning went about IL O'Clock.
Q-WhaS passed.
ii don't Gnow that shall answer that de-
slime to answer.
MT. Cutting requested the Court to compel him.
Witness said ne declined because II had nothing
10 do with his examination and because tnore were
pivate conversations at that interview, and until
he defense first show that the conversation Is con-
nscted with this case, don't feel called upon to
answer Is.
The Court said the question must be answered.
The witness sad he migb as we'll gay witness
stands here TO protect himself as ainst Innovations,
q were introduced In the Forrest trial. l came
here as a witness and not To DC lIied.
The Court thought the reason vas Unsatisfactory.
Wifnsss-I unde rstand my position In an extreme
y iLe elicsts position have been followed from
pillow to post every effort made TO crush me was
been threatened with s.sassination; they have
moved heaven and earth to get witnesses sg ainss
ne understaLd they mean 10 go into my private
ousiSess, and now state that will not answer any
questions that may be asked, except what relates 70
ny direct examination II the counsel wishes to
know about ii, say broke up this expedition II
have done anything againss the laws, am ready to
come up to be tired. Mr.. Cutting objected to tne
language Of the witness he would require the wit
Qssstion BY Mr. C What took place between you
nd NJ Chacon on Monday morning when you called
Wths Consulate
AL decline answering the question.
M. cutting requested me tlbfx 10 DrlhB rom tue
chcer the fern OF comm for contempt, IN the
ease OF Douglas in tais Couts.
:. Wgnsss-I may a. well say-tObjecsed to by
Mel
Wiinsss-I will protect myself
TAs District Attorney SAID the course pursued BY
0s witness was not by his counsel or advice.
Mo0ldrecommend the witness TO answer every Ques-
The witness having still persisted IN refusing, .
commitment was made out similar In form TO taat
nresaId TO Mr. Douglas, N the Bsardley agf Tap
peA ease, with some modihca'ion, Mr. O. said, so ~
npefmit witness to TESTIFY. The commitment was
oeommt him to close custody until ne consented 70
testify, or was otherwise unchanged according to
Nv Mr C. said he len q blsnk so that the Court
nlshs male ii certain number OF Gays II 1t thought
q and N add fnc also for each refusal to testify.
M. Hoffman addressed the Court as to its powers,
Nd the necessity OF sho sies TO the witness what ne
nte hazard, and hoped that the witness would an
msr Mr.. II. doubted tho power OF the Court to
hprissn for contempt for longer period THAI tbs
snsteDce of the term.
The Court said that the witness hal had an opper-
unity to reflect, and before the Court signed the
eenmitment he had an Opportunity to comply with
n order of the Court or to persist in his refusal,
od take the consequences.
The wi,ness said ne cid Rot refuse so much a. 10
vs particular question, but as to questions to which
hveuld lead. and which he cannot answer. He
you'd therefore decline TO answer any further ques.
iona
The Judge signed the order. saying he thought 1t
aass b served instan,er taos permitting any further
3eeettcns to be askedl TINS was objected TO oy MI.
emmg, who said witness. b. hs own wrong would
seeeve triumph, and entireIv escape the jurisdlc-
~ Of the Court a most dangerous docIine.
4. ssuner argument was heard. and the commitment
W y imprisoned in close custody TIL witness sub
- 70 the authority OF the Court or vas discharged
Seofcns to lavl handed TO the Marshal.
= me Judge stated that eoDte MOT isto DO punished
@uwith Ii does not preclude the witness from be-
~ uousht up again At the proper time; but the
.nitmcnt must De isstsGter, ard that 10 tue only
70 bring him to sense oi duty.
A. ~ witness then arose and attempted to pass
~ counsers table but Mr.. Cutting rose and said to
stop. He got hold of Mr. C.'s arm, as II was
s sSso 70 prevent him TIE Deontv Marshal then