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

shem mad0 up wheu WAS tnsfe; Tine messs FERN
was made Up; and they may have been all msas up.
Adjourned 70 hakpsst ton O'Clock, wednesday
morning
MARCH 10.-William N. Evarts, being sworn
and examined by tho District Attorney, =
posed was in the Office a. an assistant q
the uriied States District Attorney in April
isst' and have been 10 since the present DSge-
the present time conducted the buaiDsss II Ne
once principally during the month Of April, I661,
with consultation with yourself; ! conducted 10
business as to the CLEOPATRA; On the day Of tbs arr
yest OF the accused, which wa Saturday in Anil.
and think the 26th received certain papers, or
was present on their delivery to the Aarshal ct ny
request, and which ! have here and con identify;
the envelope on these paper: has written on il, in
singer. April 18th, 1871" they were handed 70 nd
in the Office immediately aftsr his arrest, he having
been brought into the Office, by tho oieer who ~.
rested him. somewhere about ono O'Clock in the dayl
have looked ut the papers, and they correspond
with my recollection Of those that then received.
Diapers produced and marked from to g. Wit
26th, Mr.. O'sullivan handed to tho Marshal, 81 my
request, the papers contained in this envelope Row
produce, and which has marked on it in my hand
writing. Handed to the Marshal by Mr.. O'Sulhvan,
counts which kept for some time, and which lent
to Mr.. OSullivan who gave receipt for them
they were TO have been returned in q few days.
The District Attoney-Mr. O'Sullvan says be will
ceipt was marked No 4 and the other papers marked
from to H.
Witness continuation tho 10Th Of April, in COM
pany with the Deputy Marshal, BcnjaIn Tallmadge,
sent for Major Schlcssnger in his presence and with
key, think poOduced by him, though am not
certain that it not in the hands Of tho Depsty
Marshal, opened and took from the valise these
from the valise of Major schlessinger, April q.
1851 y four Of these papers marked A, b, G, D,
identify; the Others loose papers, and can
not speak positively as to them 1.-THE Court married.
The valise was full Of wearing apparel, and after
took the papers from it returned the valisc TO him
these loose papers have been frequently before the
Grand jury and have since then been kept in saSo
in the office; they have never been changed to my
knowledge they have been examined by counsel,
not in my presence; those are all the papers l re-
ceived from either of the persons in the Indictment
these papers have now in my hand were handed TO
the Marshal by Mr. BURNETT, lwho was under arrestl
in the presence Of Major Schlessinger, Mr. Lewis and
Mr.. O'Sullivan Papers marked by the Court, II
and Is, Witness contnued-I received this bundle
Of papers (now produccd) at the Office Of the Dis
trict Attorney, ut that date whether handed to me
by Mr.. O'Sullivan, sent by him, don't recoleet;
they are addressed to the District Attorney, and
purport to come from Mr. O'Sullivan; they orc
signed by him; don't recollect by whose messengers
o..
Cross oxamined -When Major Schlesingcr came
into the Office about o'clock on the day OF the
arrest, he was accompanied by one Of the MARSHAL:
no counsel with him; | asked him If he had any
paper; l had no search warrant: had no means Of
compelling him to produce those papers; neither
exhibited nor threatened any force>i bad no means
tarily given; there only that there was any in
disposition TO give; claimed no property in them
for the government or anybody else; said nothing
but what have stated. Q.-Inregard to Mr.. O'buI-
livnn hovv IN
those paIersl Al did not know it until he pro-
duced them; looked ovcr them that night; ! do
not know if looked at Thorn before Mr. O'SuIhvan;
did not claim them on the part of the government;
/ had no compulsory means Of obtaining them. =.
did you threaten him before he produced tho pa-
ders? Al said something TO him; the only em-
barassment is whether you would consider u q
threat. Q.-You said you lent one OF those papers
to Mr. OSullivan; has tho title in them been trans
fcrred from him TO you or the government! Al
gave it to him on the promise that he would
on board with tho Deputy Marshal; l had no
search warrant to search tho valise; had NO
judicial process the Marshal, l now remem-
Der, had the key; Mr. Schlessmger was not pre-
to take anything out of it, except in his presence,
and sent for him have recollection Of telling
him il had beon opencd before; am quite confident
did not ask him If there were any papers in it.;
asked him if he had any objection to its being
opened; do not think asked him what the contents
Of the .valise were; do not know how the Deputy
Marshal got the key il l recollect rightly he had o
bunch Of keys. Q.-How did you know BURNETT
had those papers which he handed the Marshal in
presence Of Mr. O'Sullivan? Al knew from him,
to one of them, (thc one marked IL that 1t was
In bis possession for scveral days; had been IN com
munication with him for several days-pcrhaps as
long Monday, or little longer, before the arrest
Of the Cleopatra, which was on Thursday had
seen him almost daily ! supposed that the paper
do not remember upon whose complaint the war
rant for the arrest Of these parties was ssued 1t on
the warrant | suppose; it was made on oath, and
the complaint was handed to ono Of the Commission
ers suppose ii Is in our Office or in the Commits
soners'; had not the Consul of Spain (hr.
Stoughton) on the subject had seen Mr.. Chacon,
a young gentleman from tho Consul's office; he 10
Vice Consul, believe; believe it was he that made
the complaint [The warrant was here produced,
and read by Mr.. Cutting.l Witness continued
Chacon was in the Office several time. before the ar
rest; BURNETT was frequently there before the ar
rest; have no recollection Of seeing BURNETT and
Chacon in the Office at the time. Q.-Bcfore the
arrest, did you communicate to Chacon what Burt
nett had said, to BURNETT what Chacon had mid!
Al don't think did; do not think that the con-
sultations Of the Office to be disclosed. Odd
Chacon know that you were in communication with
BURNETT!
The District Attorney contcnded that the District
Attorney could not be Intercepted as to the parties
from whom he receives information OF crime, and
referred to 4th Washington Rep. U s. Moses and
I'd Starkie. 400.
Mr.. Cutting in his reply, said this was trap set
by BURNETT TO entnp citizens, and he wanted now
to show that the agents Of the Spanish government
were acting in concert with this stool-pigeon, and
other paid agents Of the government. He charged
that the Spanish Consul conspircd with BURNETT;
that he was paid agent, and that there was stra-
tagem to entrap these parties. Counsel severely
commented on the character of BURNETT.
Mr. Van Buren, followed, on the same side .
The District Attorney argued ut considerable
length defending the course Of the government, and
submitted that large latitude should be allowed .
,rbc officer which Oupht not to be accorded to ind-
yiduals He referred to Baldwins Rep, SIT, johnson
vs.. Tompkins and Others. As q matter Of public
policy the District Attorney contended that he va
not compelled to disclose official communications, or
the names ofnforrners He repealed the insinuatons
against the government, and submitted that the
Spanish officials here justified in protecting the
interests Of the crown they served. II BURNETT was
such character as has been described, ne would as