The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-18
The Alleged Cuban Expedition.
United States District Court.
Before Hon Judge Judson.

United States District Court.
Before Hon Judge Judson.
hARoH 17-TAs United States J. l.. O'Snikydn snd
eh~sA the sitting of the court this morning. the DIS
ct Attorney stated Mr. BURNETT now in court
bus 20 III thai he felt unable after exhaustion Of yes
tsy 10 undergo examination to-day He says that he
ring which now affects him with cold The District Alter
ney was ready proceed aud would finish the direct
animation of Mr. Bartnett in about another hour lie was
however in court and would speak for himself
MIR BURNETT called to the stand and sworn a to
his state Of health He said that he was suffering from
neuragic headache and felt totally unable to in
court.
The Judge excused Mr. BURNETT until morning.
The District Attorney then left 1t to tho counsel for the
defence TO say whether they would wish him go
day with any other witnesses would prefer adournn
pre~ent connection
Mr. Cutting remarked that they lnbored under tho diff
fcuy Of not having had the to
three Of the witnesses for the prosecution
After some consultation it agreed that the witness
Captain Uldwaddy should be recalled He accordingly
put upon the stand
The District Attorney then referred the Court to the
last questions which put to this witness as to whether
he had been engaged in any way by Schlcssnger and
Osuivan which objected to by the defendants
Counsel ard waived for the time by the prosecution He
submitted thst though the conversation occurred in New
Orleans il perfectly competent to prove it. he
having shown the confderacy between the parties to have
existed in this State lie referred to the testimony of
Captain Wilson and the letters OF Mr. O'Sullivan show
that the evidence admissible the connection
between OSullvan and Scheesinger had been proved
MIR. Cutting submitted that it not competent to
what Mr. Schessinger said in New Orleans to this
witness, in the absence of Mr. 0'suivan. Very great
caution should be observed under the
the Mr. OSullivan not present during the al
legged conversation and he had Of contradcting
IT. Mr. Schcssinger Is not here. and General Lopez has
paid the penalty Of the law in the island Cuba The
Court had ruled against this offer the 18th nst and
he contendcd there change in the testimony to
alter that decision.
The District Attorney merely called the attention Of
the Court to the fact that schesnger is Of the
ties charged in this indictment and not trial because
he is beyond the jurisdiction Of the United States
Mr. Van Buren, contendod. at considerable length. in
opposition to the admission OF the evidence and SUBJ
nted that there nothing in this to show or from
which it be guessed that Mr. O'sullivan had been
concerned in setting on foot military expedition in
the State of New York.
The District Attorney referred the court to second
Starke vol p. 402 and said that the conversations
he calls for to show the acts that take place
in New York and not in New Orleans. The prosecution
supposed that expedition called Lopez expedition
was got up; that part of it TO commence in New
Orleans part somewhere South which did land in Cuba
and part in New York and he had shown that the whole
was to be under the command Of General Lopez. The
only question therefore is whether the prosecution
had laid the evidence sufficiently broad to render this
question admissible
Mr.. Cutting replied and submitted tina. in no aspect
Of the should evidence Of the declarations of Schles
singer in New Orleans be admitted as against Mr. OSu
Ivan,
The Judge said if this evidence shall be admitted to go
to the jury it will be the ground that since the ruling
the other day, and additional evidence has been
heard by the Court to show pima ace that there
had been. combination agreement between
or both these defendants and Schlcssinger Now this
species OF evidence L. peculiar in its character First it
must satiy the Court that an agreement combination
has been entered into Second it to to the jury
not IA conclusive but proper evidence for them to
slider in the case, and to be determined by them.
Counsel for the defendants excepted to the ruling
Q-Af,cr your interview with General Lopez. in the
presence Of Major schessingcr and Mr. osuvan. where
did you next Major Schlessingcr? Al saw him at
boarding house in New Orleans he left New Orleans
to comc North. Q-Dd schessinger tell you the pur-
pose for which he coming North, 0hjected to- adj
United and exception taken A-on his coming home
from General Lopex he said he ordered from (by)
General Lopez to 20 to New York to raise men for the
expedition Odd he say anything about money!
Ale showed hundred and ten dollars in gold
to pay his travelling expenses TO New York and if
Aa.y srpI mo IN thp hppGa rbn In Txv.a
say he gone to Texas. and would be back in four
weeks said that that money wouldn't be enough to
take him back from New York to New Orleans then he
said tina; Mr.. o'Suyan ordered by General Lopez
to give him much money as he wanted and other
gent, man whore name don't remember.
Cross-exaniined by Mr. Cutting-I reached New Or
leans in the beginning Of November 1850 and left there
in the beginning Of April-eary in April was Captain
in the regular Hungarian army; went there by the
same name that have given in Court; have always
gone ~ The name; am OF that; my real name
is not different from that have not gone by the name
of Hoflhower anything like that; when was in New
Orleans did not GIT any money from Lopez; did not
get cm Lm sll0; did not get from him any money to
pay the board Of ahy persons IN New Orleans; had
money Of my own there; do not know how much-per
haps slO0 perhaps $500 do not know how much; it
than So. and 500; had that money
when left New Orleans went to st Louis from New
Orleans and arrived there about the middle Of the same
month; remained there about two months; left ST
Louis about the fret part of June: entered into
business there but mot tell what il was it was several
blSneSses-one time with fancy goods silks. SC; do
not know whether my memory lie good not should
think II l. good blink my Inst business there was fancy
goods, had opcred scgar shop at time had it
open few weeks at ieastI do not know how long do
not know where got the stock Of goods from Did
you find them in the street! Al got some in New Or
Leans an brought with me: think paid CASH.
ala sure did; do not think bought any credit
do not recollcct that did; guess sold out sold
IN. 81 Of did not get married in St Louis Q-Arc
yc- e5,r> # that Al lived with LADY, know that
1aughtcrj; do 10, know her name do not think
ever knew her name
The Ditrct Attorney objected TO the iIrcevancy of the
testimony involving another party lie objected for the
purpose saving the time Of the Court and the jury
The Court said he would direct the witness that he
not bound to answer questions that would tend
to criminac degrade himself.
Mr. Cutting raid he was prepared to prove that this
witness had married lady in 81 Louis, had got
Witness continued-I went by the name of Uliwadd
in St Louis and bought goods In that name left st
The witness said he did not understand all the ques-
tions he begged have the aid Of interpreter
lie said he would prefer Hungarian interpreter though
The German Interpreter then called and the wit
rplie1-I did not understand Mr. Cutting entirely
"a Did you marry lady in st Louis OF that place
Alt has nothing TO do with this case.
The Court said the witness not bound to answer
any question that would subject him TO the charge OF
A discussion ensucd and Mr. Cutting said he had put
the question before in English but he wished to give
him the benefit Of the question through the inter-
Did you or did you not, in St Louis. marry
lady in that city, A.No; I did not marry any per-
son before left New orieans Q-was there lady
with whom you lived as your wife in ST. Louis, who
The District Attorney said the witness not bound
to the question if he did not wish TO do so
The Court informed the witness that he was not bound
to answer it
The question was repeated and the witness declined
answer
Mr. Cutting was about 10 argue the point, when the
Judge said that he had decided it, on the ground that it
a criminal act TO live with another woman
Mr. Van Buren, remarked that If it was he feared
there was a very Large portion Of the community anne
nable to the law.
Dir Cutting severely commented on the character Of
the witness
The Court took recess for fow minutes On reasscm
bling Mr. Cutting referred the opinion Of Chief Justice
Best who said that many innocent man would in
juriousiy suffer IL the Court would not permit witness
10 answer question which tended only 10 degrade him
He referred LIST Darlington Paine, p. Sc and
Grccnca as Mr. Cutting referred to the ruling OF
Chief Justice Oakley in the Forrest divorce case, on
similar question.
The Dftrict Attorney said Judge Oakley had told him
that he admitted the evidence because it not OBJ