The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-11
The Alleged Cuban Expeditionists
United states District Court.
Before Hon. Judge Judson.

SECOND
MAncn s-Henry F. Tallmadgc the first Witness sworn
and examined by the District Attorney deposed-I am
the Marshal Of this district Odd you receive direc-
tons time in the spring Of 1851, to arrest and de-
tain the Cleopatra
Mr. Cutting objected to his directions He should tell
what he did WncssI did arrest the Cleopatra in the
spring of 1851. Q-Why did you arrest her
Mr.. Cutting objected to testimony Of his motives II
he hin Of here
mporant that the court should not admit any evidence
ofmotiye.
chou why and for what the Marshal detained the
vessa.
The Court said the question why was synonymous with
BY what authority and the Marshal shonld it.
Witness-Shal 30 back few days to detail what in
nuenced me?
in that not strictly legal he would have the
power to exclude It, Mr. Cutting replied that that would
IT, had no doubt Of the integrity Of the jury but be OBJ
jected to the motives Of the Marshal.
Q-why. and by what authority did you detain hse? A.
II received my instructions from tho District Attorney
who had shown his authority from the Secretary Of
State to arrest the Cleopatra vessel suspected to
be engaged IN the Cuban expedition contrary to the laws
Of the United States. QIIow long did you detan the
vessel? Al arrested her; had orders on the 23d
Sa to IN y
oce tell exactly how long, abe was lying at the foot Of
Hubert street. Think it is on the North River. o.
@
Goals stores Of various kinds boxes Of bacon and
other provisions military musical such
used parade there were no pianos We also found
twenty twentyf kegs Of powder secreted my
will give better description OF the location Of the
powder the coal slowed some In the hold and some
in the forward cabin / saw boxes Of medicines saw
on board there were ten or dozen they were en-
ploysd pumping the ship which leaking. Q.-What
was her condition reference her preparation sea?
A-Shc not in q condition to go TO sea that
day she was leaking; but they were preparing
her for sea / made q search the 18th 1
had the boxes opened a number Of them contained
medicine put up nicely number Of them son
tanned bacon; there were number of bales Of blan
kss the medicines put up nicely, and enough
for large company Of men, apparently the boxes
about two feet square there was more than enc box
opened three four containing medicine. and there
Istopped; the bales containing the blankets were
quite that in width; they were closely packed
they looked as if they never had been opened
called Dufeld blankets Ihave acknowledge Of how many
blankets these bales contained; there than
three bales did not discover anything than what
have named; there good many boxes Of bacon;
there many fifteen twenty sugar boxes OF
bacon. about THREE feet long two feet wide. and
there a good many empty water casks there;
there as many as twenty or fve-andtwcnty large
know nothing Of it Of my own knowledge made o
search for powder Saturday evening the 26th did
not discover any went down to the vessel on Saturday
evening. and found the officer of marines board:
wanted lights to search for powder which had to
believe board got the lights and went into lit
tie place in the after part Of the vessel where supposed
it was the mate Of the vessel also there; did not
succeed in finding any that night; searched the main
saloon where the boxes and barrels were thoroughly
then the little ladies' saloon and the berhs did not
60 down into the run Of the vessel.
Q.-What led you to make the search
Mr.. Cutting objected TO that The District Attorney
sad-Suppose Mr. OSulliyan or Capt Lewis told him it
was there Q-Iad You previously to that search arrest
Mr. Cutting submitted that il they had been arrested
the warrant could be produced.
Mr. Hoffman said If the men were under arrest, cv-
dcnce Of the fact sufficient 1t not to
produce the warrant unless the legality VI the arrest is
questioned.
three others arrested-Mr. 0Sullivan Mr. Lewis Mr.
Schcssenger Dir. Rogers. Mr. Sanchez and Burtnctt
they were in my Office under arrest auecedenty to my
going make search for the powder. Q-Did you get
any Information from either of the persons that are in
dictcd-irom Lewis O'Sullivan-which led you to
did you make the search? Objected toy Mr.. Hoffman
said supposc tho Marshal had overheard Of the
ties say to another Of them 1T must be thrown over
board would that not be competent TO show that that
induced the Marshal 10 suspect there was powder con-
sea!ed on board
Odd you hear any conversation between the persons
arrested and those trial in the hearing OF other
which led TO the search Objected to, but admitted
SchlessEgcr and Sanchez were in conversation with
the mate, in my office; the mate said he would go
down and put the powder In the water; that led
me to supposc that there powder on board;
j went down TO the Cleopatra, and found the
the mate came; Mr. osuvan did not there at that
time he not there when made search for the pow
DER saw Mr. 0'Sullivan board first Friday morn
ing the 25h made the search Saturday It was be-
tween 10 and IL o'clock that Mr.. 0'Sulivan on
beard had conversation with him Q-stste what 1t
Mr. Blankman objected TO the conversation with Mr.
O'Sullivan, affecting Capt. Lewis.
The District Attorney said he would have sufficient
evidence against Captain Lewis.
Winess-I was opening and examining tho boxes at
the foot Of the stairs; Mr. Ossivan down stairs
and think he asked me what was doing; told him
was examining part Of the cargo the Cleopatra he told
he had interest In the vessel or cargo but felt In
torestsd in The eeess Of Tie ne then ssid
would come to my Office here the conversation ended
this Friday and he arrested Saturday the
26th never saw any powder on board the vessel after
that time.
Crossexsmined-I acted by the orders Of the District
Attorney; had no warrant Of arrest there was no com
any complaint In the hands Of the District Attorney
against the Cleopatra! Al saw the directions from
the Secretary Of State; complaint; arrested
Mr. OSulyan and the others by virtue Of warrant;
very confident there was no warrant Of arrest against
the vessel Q.-Do you know whether not the COM
painant in that warrant was or was not the Spanish
| Vice Consul?
Witnsss-I would rather have the warrant before an
swer that; have sent for 1t. Warrant produced)
Winess-Thc name Of the complainant is not inserted
| in IT, presume there complaint in writing on
which the warrant was issued do not recolect seeing
any complaint in writing made by the Spanish viceCon-
sui; not present when such complaint made;
n % NAV %Whst became Of be rcse ., a. pbo
| end of that time? Al delivered her up to Mr..
Osulliyan, the requision Of the District Attorney
Q-What kind OF steamer was she Al should have
called her boat not steamer by any means
was informed she Of the boats that naygated
| the Sound; can't tell how old she was she showed
marks OF age: can't say how large she was Q.--How
many guns did shc carry? Al did not any guns;
she leaking so badly that had to employ double
rang Of SIX men to pump her constantly; they pumped
her ut first night and day for two three days. there
were from thirty forty tons Of coal put ashore and she
did not leak badly after that pumped her only in
"a hours after the coal put OUT think only pump
was used; don't know how many pumps she had; saw
but one; the only work saw was pumping don't know
,f fhcyy toll
man. at my request; Mr.. Rodman is founder and ma
shntt found them hoard, and they were continued