The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-20


10 him he (schoenng) there introduced
me 20 schlessinger as an officer commenced
my conversation with him. Schlessngsr then said
that should not believe that he (schlessingsr would
take any part in colonization for the purpose Of
clearing woods, or farming Objects he therefore wsnd
ask whether was inclined Ia join for purpose which
might turn out or which might become afterwards OF
military character desired to know where sush an ex
petition would but Schlessnger sd he coad not tel
NJ yet but he would pledge his word officer that t
would be suitable to my wishes-this the first inter-
view; afterwards met him several times he then re-
qicstcd me To take the room with him tho pur-
pose oil assisting him in his arrangements, took my
with him In short time after INV boarding with
him we had conversation respecting Cuba. the
mencement Of this conversation was nv ury,nr upon
him 10 state where we were GOING. he ,aii L. enid
not tel-that is lac was not allowed To- state then
went to his trunk and took out large paper IKE
commission.
The District Attorney said that he did not know what
paper II was. and he did not to inquire about it
Witness continued---lle (Schcssinpcrl covered tho
signature of that paper and showed the other
tents Of it, lie then took out of his trunk picture OF
General Lopez said to him |" Now we are going 10
The Court then said the hour for adjournment had ar
rived he suggested to the jury and the counsel the pro-
priety of adounpg carly in the day for an hour or so
aud then sitting until o'clock The Jury thought IL
would be better sit while day light lasted and the mat
ter left open for discussion until morning Adorned
to l0l. o'clock
Manor l0At tho sitting Of the Court this morning,
Dir Cutting said that from Of duty hs part,
and desire for the due administration Of justice, he
wished to call the attention of the Court TO ercum
cxoneraed the Marshal and his assistants from the
charge His Honor (the Judge, yesterday committed
BURNETT to close custody for contempt OF Court in reus
ing answer question and he CIR Cuttiug) in
formed that the prisoner last night at half
past eight o'clock in housc in this city ethor drinking
alone in company with others and late half past
eleven O'Clock he seen in house in Greenwich street,
in company with two women playing cards that the
substance OF this Courts orders had been set no0ght
and those which had been adopted for the pro-
per administration of justice utterly disregGded lc
jMr c. snid that he acquitted the Nlarahai He atri-
that Congress had omitted to provide jail for the
federal courts OF this city and this ecmpels the
prison to commit them to the custody of the sheriff
Of the county of Kings lie (NIr o. had been assured
keeper of the County Of Kings prison The keeper Of
the prison therefore has been induced by
other to permit him to TO New York The order Of
this court has utterly dsrcgarded aud its authority
set at naught lie called upon his honor to ay whether
such fagrant conduct shall pass unnoticed.
The District Attorney said If this private cause
in which ne counsel on one side or the other, no
would feel bound to notice the circumstance but
apubic officer he deemed IT his duty on behalf OF tho
Marshal to say that he Uhe MarshaD had done very
thing that lay in his power The difficulty arose ;.on
courts The Marshal therefore cannot do than
lodge his prisoners in other Of the Other as and
There srs wns another ouy in hs case and was
what authority this court had over the ailor in the
county Of Kings, Tho Marshal has put in receipt for
BURNETT signed by Lorenzo Miles deputy keeper Of the
Jail Of the county OF Kings The difficulty is that
they had met with frequently In late Cause.-The mat
to place him in the City Prison Wrts of hatea corpus
were sued out, and the keeper Of the City Prison was
obliged obey these wrts rather than the orders Of the
very glad If this court had any power to punish tho
keeper the prison of the county of Kings that his ho
woGd do for this violation Of the order Of the
court.
Mr.. Cutting did not agree with the learned District
orders lie held that the court had two remedies His
Honor had ordered the witness into close custody and
there was no doubt the Marshal was bound to obey this
nrda fha Ia IN he n eli
confinement he is responsible for the fuflmeDt Of tho
order. lie should hire safe place, and he has his
indemnity against the government which has failed TO
provide him with proper place for keeping prloncrs.
lie (Mr o. would not say one word against the Marshall
for he had always received from him and his assistants
the greatest courtescy and respect in his intercourse
The District Attorney read from 9th Cranch D. So to
show that the Marshal not responsible for the safety
OF prisoner when he delivers him to the custody
Of the keeper Of the county j. This is not 10 with
prson-thc jaicr his deputy-hc appoints aud he
remove him. and he il responsible for his acts
The Judge said they need not now delay tn" TWO" no
decide on it.
Mr. Van Buren, suggested that the Court should order
BURNETT to be brought up now.
The Judge would for tho present, leave IL to the
Marshal to see IL the trust ha, been violated So
to provide another place for the safe keeping cf the
witness.
Mr. Krakow was then recalled and his direct cxamiua-
ton resumed In continuation Of the point Of his est-
mony yesterday lie said then said to Schesncer "We
are(ow going to Cuba and he said to me win you 20
out knowing the conditions what intended to do there
and how circumstances were there, whether promising
success or not; was then Obliged TO show him my
pate nts and commissions from Europe; ne said to
engage you In the same rank you had in Europe he
said my pay would be $40 monthly; would get feed fox
horses and II successful reward Of from FIVE
to eight thousand dollars; IL not successful would get
an employ in the South with half pay; nc then told
should keep II OF hers II inquiries should
made should not mention Cuba but say it was Texas
colonization, in such a manner a sort Of military
character would shine through during all the time /
u
listed.
Mr. Buren, supposed the proper witnesses TO provo
those facts are the persons OF whom this witness
going to speak.
admitted and exception iakenl Witness continued
Daily persons came to get enlisted aud agents Of
ger brought persons Objected o) Agents engaged
by Schessinger. who brought people there be ented
must make the remark that when first board
with Schlessnger he instructions tte effect
that II certain person should call should leave the
room, and leave both the parties alone; short time
fore, we left for Pittsfed; Mr. O'Sullivan Mr.
Scblessinger; the latter gave hint to room
and then withdrew seyera, days down our
quence of want of ammunition, as schessinger
said and Of vessels and steamers; day several per-
and told Schessinger that the enlisted men
became impatient holding meetings and that they
were publicly speaking about Cuba during NIL the time
with schlessnger lie received checks for money
which rs he stated from O'Suliivan; do recoert
exactly where he told mo sawa check laying on the
window and looking at the signature first tsic it to
be Macaen and he sid. No. II IL O'Sulivan;r went
with Schlesngcr ut different times the Bank of
corner of William and Wall whence he drew
money; with this money he paid the agents. Q-What
agents, Ascpocder schocnng; once as far az know
Wiedeniold and Sabzkey; it's possible there may be
more but cannot recollect this moment they may come
here as witnesses. Did you see the check to
know II was . sulvans AIT that time did not
know the handwriting OF 0ssilivan exactly that
mistake might not he possible forgery committed in
the presence of Mr., Clodeck asked Mr. OSuivan why
he had given money to schcsnger and not to where
upon he replied II can give money to whom choose If
Scblessnger IA paid agents with it, cannot help it,
Q.-What did the name you on the check purport
to be
Dir Blanknan objected Tho witness had answered
before that he thought 1t was Hacacn Admitted. and
Exception taken
A.-from the distance stood At first IL looked like
hacallen but schlc-srgcr showed II me afterwar and
] saw it was y sullivan
Mr.. Van Buren, said this was a paper it should b
produced.
The Court sad the prosecution had not got H. and the
could not ITO Exception.
Witness enthusiastically before went 70 Pitts
field, Schessin2er dictated letter 10 in which he
complained about his position; that he had been Obliged