The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-27

IN r. resemb~d the discharge OF bunderbu@ than the
c. tan aim Of rife Counsel then referred to mum
hr q authorities pointing out in each instance his i'm
ession of the applicability to the present case He
cted the United States Quincy Peters. Rep. 45T ;
6th section Of art "a Peters, Rep. 437-(whoh re-
viewed the case Of Genet Minister from France The
act Of 1894 ne submitted, a temporary act, and
limited to years but it subsequently revived in
1871, and again in 1900. and made permanent in 1878
Counsel referred to the instruction in Canada tho in
terfsrcnce in which this statute did reach and he
contcnded that it does not reach this case 1t
prohibited the fitting out OF an expedition apanst
Cuba yet does not reach the expedition charged
In this Gaze. which was frustrated bv the a.
rest Of the Cleopatra the who were to come from
Philadelphia had disappeared the men from New York
had disappeared the music itself had mutned and been
dAoaoded and 30 far from expedition being SET foot
never reached the dignity OF an expedition, and
utterly abandoned before the government inter
fercd. lie then read from the of President
Van Buren, and the opinion of Judge Conkling show
that this statute docs not reach preliminary measures
which have not arrived at the dignity OF preparation Tor
He referred the fifth statute at large 49, Chan
ccalor Kent volume also to Wheatons Elements OF In
ternationsl Law AL to the case Of Smith and Ogden,
vi ere the father of the learned gentleman, who, no
was sorry say. appears for the prosecution in this
case, engaged for the defendants. Mr. Van Buren,
continued at considerable length. and cited various
other authorities, and alluded lie fact of funds
being raised here for the relief of ireland in which
our bishops and our editors assisted funds raised to the
amount Of thousands for the purpose of enabling Ireland
to rcyolutionizc and attempted to contend that
Illegal lie then referred TO the reception Of Kossuth
in this country, his dining with the corporate and
executive authorities, and his inviting them to join him
in his revolutionary designs Kossuth have purchased
4OO mu kets ana 80 lar from being prosecuted he Is
man whom would be dangerous for any citizen Of
the United States to against for any situation he de-
sired to obtain. (aughtcr) Counsel then. with much
humo referred to the condition Of the Cleopatra and her
Onfitncss for expedition
The Court, in the of the afternoon. interrupted
Mr. Van Buren and asked him the object Of these obser
vatons he intended to go the again in his
opening to the jury.
Mr. Van Buren, said he contonding that offence
had been committed within the meaning Of the statute
The Court intimated that counsel might well nnder-
stand that he would send that question to the jury Tho
judge inquired Of the District Attorney what counts he
would select
The District Attorney said he could not tell
The Court then directed Mr. Van Buren, to proceed.
which he did and occupied the Court for considerable
time.
The District Attorney said he had no reply to make.
The Ceuit refused the motion of the counsel for the
defendants, and said that the should 20
Mr. Blankman asked if the decision of the Court
to both defendants.
The Court would say at this state of tho proceedings
that he should send the OF both defendants to
ry The Court intmated that with regard to Burtnet
the case is decided in the Supreme Court that the direct
testimony Of witness under such circumstances must
be taken from the jury and he should probably charge
the jury that they should discard it altogether The de-
PENDANT counsel should proceed
Mr. Van Buren, then at about o'clock rose to open
the for the defence and concluded at half past g.
Adjourned to lo1s Saturday, (ths) morning