The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-20
The Alleged Cuban Expedition.
United States District Court.


THE CONTEMPT OF CoURT-THE CASE OF BIlRTNETT
ALLEGED VIOLATION OF THE ORDERS or YHE
JUDGE.
CONCLUSION
/ MARCH 1S.-0n the re-asscmbing Of the court,
/ tho District Attorney said that there letter
marked No. q, and identified by Mr. Evarts, which
he (he District Attorney had found in his papers, and
it had not been read he would proceed to read it
and he wished to say that If there any papers that
he had omitted to read he would do if the counsel
would call his attention to them He then read the fol
lowing
To the District Attorney Of the United States for the
Southern District New York-sir Enclosed You have
the affidavit required Of me condition for the sur
render Of the Cleopatra now held by the Marshal in the
custody Of guard Of marines. And you also wish
that should express in letter what have stated to
you verbally respecting my intentions about the vessel
thus present purpose is to send her direct
to New Orleans where contemplate putting her into the
passenger and freghtng trade between that place and
until such time may hereafter fit to employ her
otherwise. Respectfully. your obcdicnt servant.
(Signed) J. L. O'SULLIVAN.
Annabel Krakow was then recalled.
The District Attorney called the attention Of the
Court to the examination If this witness on the
fourth day Of the trial
breads it from the Herald report
district Attorney-I produce letter and ask the
witness If it is the referred to by him in that cross
examination
Mr. Cutting objected any further examination that
point Of tho testi mony (Admittcd-cxception takenl
Witness then through the medium of German interpreter
aid-This is the letter referred TO IN my
letter which handed to the District Attorney by WED
erhold.
The District Attorney then the letter, which
To CART. LOUIS w,rpERHoLD :--sR--By virtue Of
authority derived from General Narcisso Lopez and in
the name and behalf OF the people of Cuba hereby
mise you commission captain Of infantry in the army
Of the republic of Cuba to be hereafter established with
the pay and emouments Of the grade in tho United
States service, dating from March l. 1851.
wno.. coDt,u(s sssne id 0 We,rho,S
when he was In presence Of the District Attorney aud
presented that letter!
hold
The District Attorney again referred the
minaton and contended that the whole Of the
ton which the defence elected competent and pro-
per subject for the investigation Of the court and jury
[Admitted-exception taken.
Q-Dd you come to my Office uponthe occasion Of the
interview referred to between the District Attorney and
Wiedcrhold? Ayes; Mr. Hoffman. myself the District
Attorney and Wiederhold were present Odd the
| memorandum Of what Wiederbod said! Ayes, sir;
Wiederhold spoke half in English and half in German;
corrected his English and the District Attorney took
notes. Q--Did you interpret to Wederhold what the
District Attorney had written down in the presence of
Mr. Wedcrhold TO the District Attorney and he stated
that he had been participating in the Cuban expeditions
that he had received letter from Mr. OSulliyan by
Schessinger. a short time after wiederhod was with
Schessingcr at Mr. O'Sulliyans and he requested Dir
0sullivan to furnish him with commission; the District
Attorney then asked him (Wederhold) il he in pos
session Of that letter Of which had furnished copy to
the District Attorney day previous; Wiederhold took
out letter and handed it TO the District Attorney the
letter dictated to in the German language by VIE
dcrhod and communicated the contents the District
Attorney; Wicocrhod said forced this step when
he handed the letter to the District Attorney in conse-
queDcc Of the bad or ltreatment Of Mr. OSulvan who
had not kept his promises towards him left him entirely
without money he having been interested the
time with the Cuban expeditions had been obliged to sell
out for the second time hi porter house aud had become
Odd Wiedcrhold state the time when he
ceived this letter : Ale said he received it
in the month of March. under such circum-
stances as he had mentioned before. Q.-Did VIE
dcrhold cay anything Of having shown this letter TO
osuiiivanY A-undcr the circumstances which Wied-
erhod referred to- he went to Mr. OSulivan with his let
ter and referring to and showing such letter such
mission he desired some money whereupon Mr.. 0'sulli
replied this is not my handwriting Wcderhold said
Mr. Van vechtcn present and took out of his pocket
and said You going to say that these also not
remember to what Wiederhod said; Wiederhold when
relating these facts to the District Attorney described a
view Wiederho then said that he took out Of his pocket
cent showed 1t to OSuvan, and said this il the last
cent possess" which as (wness) know wa entirely
ULaughtcr) Odd Wederiold apprehcpd any prose
cution against himself? A.-Durng the whole time
Wederhold had intercourse with the District Attorney
he feared he would be arrested Wiederhod said he wished
to have security that he should not be arrested prose-
cuted before he made discosurcs at this moment
can't recolect anything else that occurred Q.What
has Wiederhod said any other occasion in relation
this letter and in relation to this conversation FOB
jected to- and ruled nodmissable
Louis schlessiuger got acquainted with osullivsn
the room of Mr. Sohessinger $50 Broadway shortly be-
fore going to Pittsied Letter, which was taken
from schlcssingers pocket book marked ~ produced
WinessI have read this letter have IL before
saw it at Pittsfcld Lowell, Massachusetts be-
licve it was in Schcssinger's possession at the time
IT. he first read the letter to me- he then showed it
TO me and said have received this letter nom Sui
liyap-he has only sent me So Exception to the
yersation Of schlessngcr schlessnger showed $40
bill and said this letter handed 20 me in the par
Tor and would have been very 1ry II the ladies then
present should have seen that ! had only got $40
(Laughter) MIR. schoenipg introduced me TO schles
singer.
Q---wcrc you engaged by schessinger in the Cuban
expedition
lohjccttd tol The District Attorney changed the
question thus-Wcrc you engaged by Schcssingcr any
military expedition L0ijccted to- Q.--were you Gu
gagged by Mr. scblcfsingcr in any expedition Objected
to-
Mr. Cutting said any expedition did not refer to the
expedition ~ the Cleopatra.
district Attorney Then put IL in this way:--wcre
you engaged ny Mr. Schcssngcr in the expedition now
tiyai
Mr. Van Bnrcn THAT object to also daughter
Q-.-Wcrt you engaged by Major Schcssingcr for the
expedition trail AYES. rs far a. | believe
certainly il schocnng first mentioned Ia me some
thing about colonization, answered Schoeniog by say
Ing. sha not go, short time afterwards Cant
sebocuiur said 70 me. " / myself Il military man