The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-30

-.ss7aspsg-s ~'sy- 1899 ,s-~'
Kakieiewios he told me that yet to have certd-
Gates nom the first Of January never sold any OF my
certificates TO a named Schwalve but kakiciewiz
aid; spoke to Rakieewiex shout dHculiy had with
my wife but the interpreter (Johsnna--on) had settled
teok mart in the revolution a notary and took
paxt with the administration Tho colon1aton 10 Texas
Wa of a military character; wroe my name in book
az the word infantry after II il not in my handwriting
had tickets sent to me for passage to Baltimore which
were for men who going board the boat from
foot OF Eighteenth street cannot lcct the tins
h. on board with the men Letter produced and
marked IA This letter sent to mo- received IL
from Simons; he had for each who ordered to
bring men board n similar letter
Enclosed you will find Qhireen filled up, two blank)
passenger tickets for the steamer from here to Baltimore
The instant you get the Of clock of
the afternoon otoday notify imm date departure to
all Hand the tickets to the Captain board Of the
sci You viii find some blank tickets which you may fill
up f0r any fs's0ns you may yst gain rss,Norp
Witness oontinu,d-I had abeut eighteen men; have
Lost the list the boat be there about O'clock
was to be on board with the men some tine before 10
O'Clock
ToMr. Van Buren, am not certain who wrote the
word infantry my name; schessinger asked mo if
would 60 the infantry and then he put infantry to
it. he did not tell me how officers be chosen in
Texas; he told me that three different kinds of military
would be there; l went to tho boat ut the foot OF
Eighteenth street. II WAS towboat; there about
persons with me; cannot rccolect the of a
single one cannot recouect what the rst page
Of the book AZ (torn outs after the handed the
letter marked "a to Rakielewez only told the to
Jacob Aims deposed-I reside at rs Second avenue;
am President OF the Drover's Bank; know d. Henry
Mr. Hoffman inquired the object Of this testimony
Mr. Van Buren, said he going prove that his ge-
neral character is bad by thir witness who Mr. Burt
nett's uncle.
Mr.. Hoffman said II Mr.. Burtnett was not TO be con-
sdered witness in the the testimony ored
npeach hm was rs irrelevant and immaterai testi-
ony 10 the character Of any other in tho
nifty.
Mr. Van Buren, then proceeded to detail catalogue of
1nIamet which he proposed by this witness, 30 prove
Mr. Hoffman said il the defendants waived their objcc
dcn to MIR Burtnetts testimony then the i'm
would be admissible
Tho Court had already intmatcd that In the dsposi
sion OF Ilurtnetts he would governed by deci-
non In the Supreme Court in capital caethe of
which he did not recolec nowand that is that when
witness refuses to testify and all the questions
submitted to him he is longer witness and what he
has testified is to be stricken from the has been
suggested by the defendants counsel that the evidence
that tLe witness had given would weigh Rpon the minds
Of the jury but he he judge could eradicate it from
his and he had no doubt the jury could do the He
now declared that the testimony Of Burtnett is not to
weseh feather i'll this and that IL is entirely
stricken out There would be therefore necessity for
impeaching him If the Court for moment thought
that there juror in that box who would influenced
by Burtnctts testimony. he would admit the impeach-
men o. his character but he would instruct the jury
that they were bound their oaths. to dismiss the
testimony OF Burtnet altogether There is no such wit
ness in the
MIR. Van Buren, said he would wish to sec Mr. Cutting
70 consult whether they should not insist the tes
meny Of Iurtnett being kept in the This decision
would shorten the testimony for the defence and no
would ask If the prosecution intended any resti
mony in contradiction to theirs to the character of
Mr.. O'Sullivan
MIR. Hofran-Certainly not Mr. H. also remarked
that when the Judge had decided excluding BurtneHs
testimony the counsel could not to have it cons
uercd in the
The CouIt here took recess.
On the Resembling the Marshal stated that he had
been TO the Kings county Jail and fosnd that Burnett
had not been ut Frenchs either on Thursday Friday
last but that he had come into town Friday evening
after eight occek as he says to see sick child The
Marshal directions that he should be put in close
confinement and that if he transgressed again he should
he put into cell
Mr. Van Burcn said that at present he was not in any
more confinement than the jailer himself
The Marshalf the Judge orders that no shall be
fined TO cell il will be done.
Tho judge think il had better be done at onoe The
Judge then wrote an order 10 that effect.
The Marshal was then Intercepted by Mr.. Van Buren,
and dcpoeedUn certificates from the District ATTORNEY
pay the witness fees; where the witnesses are com
mted TO prison count the days myself and require no
other evidence Of their being witnesses. pay them
the paper No 20 not in the form those in the
hands Of Raldeewiez not in the usual form and |
htm until produced here on trial. one cert
fcate names the pay dollar and quarter day and
NE other does not one names the the term Of the Court
the Other does not
MIR Van Buren, said he had .ome more evidence but 1t was
cumulative and he would like to have oppor unity of
consulting with Mir Cutting before he further
lie Therefore proposed that the prosecution would
60 on with any testimony they had
The District Attorney would offer no other witnesses
If the defence ted here.
Dir Van Buren, offered 10 submit the case to the Jury
under the charge Of the Judge
lhe District Attorney said that after the gentleman
opening and keeping Mr. Hoffman here for three weeks
war not likely he would let the go the jury
without making some reply TO the statements Of the de-
fendauts counsel lie would insist on Mr.. Hofmans
dressing the jury, and after the defendants counsel
REMARKS he the District Attorney would claim his right
to wind up the
Some conversation to the order of speeches
and the number Of counsel T. be heard each sa The
District Attorney remarked that he had great deal OF
rcbuttng testimony but he meant TO say that If the
defendants closed here he should not cali another wit
MIR Iau Hurpu lny I'd h;s1 at
Our testimony Is closed
The District Attorncy-Then the testimony the part
Of the rros' cution is closed,
discussion then ensued "a to whether Mr. Bankman
would have the right to address the jury for Capt
Lewis IN addition to the speeches Of Mr. Van Buren, and
DIR Cutting behalf Of the other defendant (Mr osu.
Ivan and the court reserved It's decision on the matter
till l01s o'clock Tuesday (this) morning.