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


b. my Aputy who = ny ssn. The ~ Sslors; I
DC NJ nsAn TO say Mat tAsre vsre No ether man
BAT Rodsnans on bosrd; aid the snly zen that
saw ct work; ! sew ne mate; ~ boxes
and barrels in the main saiooa; The s.tise aoOr
soverswith them; there~sa no soncsAlmsnt; they
them; she made FAST think BY two chains sne for
ward and one att should think she net in
dton to 50 TO ssas'he leaking = that rats can't tell
70 TO eco and wasslsskng what de- you by spying
abe was preparing 70 20 70 sss, l-Bsosnss abe had
the casks ost Of which wstsr had Aeen emped theay
before; 1 did not zee It emptiea. Q.-Do you call
ts:s and h ..s = 70 '
out Of the CASKS do You not think it looked more hhe
preparing to stay at hone than to goko sea, AL do
Q.-How do you know that the powder was
my son, who lie my deputy. Q.-Do you know whether
the run Of vessel Is the place where powder is ge
ncrally put for ships use Al do net; can't de-
scribe the military musical instruments; they were
called military Instruments on board, ard Itook it
for granted they we've; they were brass musical in
struments Q.-Were they such rs they have ut
balls?
District Attorney-such rs they have at cannon
Witness-f have been to balls, and have seen mu-
steal instruments; should think there were two or
three boxes Of musical instruments; will swear
there was one; will not swear to more; can't soy
what quantity Of men the medicine would answer; I
am nothing of doctor; do not know whether
there was any sarsaparilla; there great
variety Of medicines; the boxes, ! think, were
marked medicine, and ! had two or three
Of them opened, yet can't say they were marked
medicine, for if they were, think should not have
opened moro than one; will swear there were two,
and believe there were more; think there were
half q dozen boxes that didn't open they had all
the same marks, and were tho same size; did not
see printing press on board; there were beds and
bedding in the berths; think there were blankets
in the herths; didn't see them; the berths were
made up and didn't examine them; cut the bales
IS hlor Latot tn hot thaun f0sn nnk
cts were delivered over to Mr. OSulivan before the
vessel was given up; the musical instruments and
oil the cargo were delivered up to Mr.. O'Salivan on
the 2lst Of May; can't say that all the berths
not cay that they made up below Us well as in
the upper saloon; l saw no bread the marines were
put on board by my orders; there was an officer and
ten marines; put them on board think on Satar-
day morning; got them at the Navy Yard, and they
remained board till the Both Of May; they slept on
board; tho powder was there part of that time;
met with no resistance there before put the ma
rines on board; the marines were not the pumping
in my Office when heard him say he would 60 down
and put the powder in the water; was standing as
near to him Us am to you; he said it in my hear
ing; he did not speak louder than any OF the rest;
cannot tell to which Of them he made the remark;
cannot tell what remark was said Introductory to
that Of his; heard the whisper, and the word pow
der mentioned, and had suspicious; / made no
inquiry Of the mate about it; do not know whether
the marines slept on board the night before went
down; they were directed to do SO; the mate and
some Of the men who assisted in opening the boxes
were present when had the conversation in the
vessel with Mr.. O'Sullivan; he said he felt deep
interest in the success Of the voyages he did not say
who owned her; he said he had no interest in the
vessel or cargo, but he had deep interest in the
success of the voyage; the conversation did not
last six hours, nor three hours; it might have
been fifteen minutes when he said no had
deep interest in the of the voyage, it not
IN n OfY tn vvho fha
was. Q.-How came it, if Mr.. O'Sullivan then told
you that he had interest in the vessel cargo,
that they were afterwards given up to him? Al
gave them up by the directions Of the District Ator
ney; BURNETT was liberated on giving bonds for his
appearance; saw him sometimes once or twice day
in my Office before no arrested he had no bust
ness there; saw him in the District Attorneys Of
fee; do not know that he had any business there;
BURNETT and conversed several days the subject
Of the Cleopatra before she was arrested; never
heard him converse with the District Attorney to my
recollection, before the Cleopatra was arrested;
don't recollect that heard BURNETT have CONVEX
torney's office theconversation had with BURNETT
was confidential; think the first information got
OF the CLEOPATRA was from BURNETT; communicated
what heard confdcntially from BURNETT to the Dis
triet Attorney, by permission of BURNETT; do not
know that Durtnett had any occupation.
Q.-Was be or was he not a secret agent OF the
spanish government!
A.-Not to my knowlcdged; know nothing about
things by Mr.. O'Suliivan; paid him f3S 50 month,
tr 81 rs per day since he retained witness;
! can't cay exactly the day from which paid him;
my book. will tell; don't know Of any bond given
by him for his appearance; he was to have given a
bond; there is no bond of his in my Office. Owns
il not arranged between you and BURNETT that he
should be one ofthc persons arrested? A.-No, sir;
think BURNETT said il necessary that he should
be arTested the warrant was issued the day OF the
arrest the day that he said he wished to be arrested
there was no warrant out; he did not explain to me
the reason why he should be arrested; did not
think it strange; never had such case as this be-
fore; think there was an occasion before in which
man suggested his arrest, but it has nothing to do
with this case, and decline to tell who he is O.
Did you know why it necessary and proper to
commit BURNETT? AYES; because he was concerned
with O'Suliyan and the others; had my impression
q bout it; knew from him that he was employed to
take troops down the bay for them. Q.-Was not
BURNETT an informerl Ale gave me the first in
formation.
1.-THE Marshal was here requested to produce his
book Of the entries of the payments to BURNETT.
He left the court for few minutes and returned with
some memoranda
Q.--Is there not book containing entries Of pay
ments to BURNETT? Ayes; the first payment |
made to him was on certificate from the District
Attorney Certificate produced, and dated May
10, 1851, showing that BURNETT under pay, rs
witness. from the Path April Witness continued
BURNETT was put under pay from and after the Gath
Of April Q.--How many witnesses claimed to, and
were put under pay, in this matter!
The District Attorney objected to tn: question.
The Marshal cannot tell who chose TO put under
pay rs witnesses on the part of the government.
The book Of the Harshals office was here produced,
but the District Attorney objected to the defendants
counsel rerusing it,
Counsel for defence contended that they were en-
titled to prove by the book that witnesses crowd
ing into the Marshals Office claiming pay to get up
this prosecution.
Mr.. Hoffman eontended that there were but two
for the District Attorney to adopt and they
were, either to lock up those witnesses, pay them
for the support Of themselves, and he submitted that
the District Attorney had adopted the course which
showed most his fidelity to the government and his
produced, may be impeached. if they can do SO but
II is principle Of law, as well Of public policy,
that the books Of government official should not be
ubmitted to public Inspection.
Mr.. Cutting charged that the witnesses have not
only been paid as witnesses, but that they have had
inducements held out to them, and that the Marshal
knows it and he commended that the more needy the