The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-12
The CAasgs - sn.Sgiang .. hsasa tAsst'
shlp Washfngt0a.
UNITED STATES DISTRICT o0Unf.
Before Hon. Judge Betts.


STATES DISTRICT O0Vuf.
0 Before Hon. Judge Betts.
Third DAY.
FgB. 1.-THE United States vs. Elisha n Sssb
| Peter Cook examined by the District Attorney
n deposed-He is attached to the Marshals onice; wa
, down to Mr.. Assler's Office yesterday and to-day
could not subpoena him; his clerk told me he was
out of town and would not be back till to morrow
night.
The District Attorney then called Mr.. Bartlett, but
he not answering to his name, Mr. Hall announced
that he had done all that he could to procure the
attendance of these witnesses, and as they did not
appear the for the prosecution should therefore
close.
Mr.. Geo. r. Bets then rose to open for the defence,
and commenced by saying, that the nominal plaintiff
in this case was the government, and though the u
;. District Attorney was the prosecuting ohcer, yet
the actual plaintiff Capt Floyd, the previous
commander of the Washington, and the United States
have more TO do with the prosecution than those
two fictitious gentlemen, John Doe and Richard Roe,
who so frequently appearo the records Of the courts
Mr. Belts then proceeded to the circumstances
| under which Capt. Floyd was superseded in command
and he would show that the prosecution emanated
from the worst motives that can influence the human
mind--the motives OF revenge on tine part OF Captain
Floyd and Cooper. He commented upon the fact of
the witness, Cooper delaying so long before he made
The complaint and his having waited until the cargo
was discharged. Cooper, not from any regard to the
laws or the United States not from any feelings of
| good citizenship but for revenge against Captain
Fitch, then goes and makes his complaint. 1t was
Cooper sold the liquor and Cooper sold the stockings,
and received the money. The defence would be able.
also to show receipt given by Cooper for the price
OF cask Of gin, ten days after he had left the ship
and they would show that Cooper had been guilty Of
suppression of the truth in his evidence in this
transaction, and that one of those casks which he
swoe was brandy was not brandy, but gin, and that
he himself had sold it and received the money for it.
They would produce witnesses to show the character
of Mr. Cooper; that his memory is most treacherous,
and is not reliable so that the jury cannot depend
upon what he has said with regard to Captain Fitch.
The only evidence to connect Capt Fitch with the
smuggling was that of Cooper and the defence
would show that with regard to that fact, he had
given different versions to others to the owner of
the goods; and that during that voyage he had de-
clared that he would be revenged of Capt. Fitch,
because he had told the owners that he (Cooper)
was not competent for the position of first officer.
The learned counsel contended that even according
to the evidence of Cooper, Capt. Fitch not &C
i countable for the segars-that they belonged to
Adams. He commended that Capt. Fitch knew nothing
OF the ten casks OF brandy and that the only part
Of the cargo which was his was the OIL and that
| for the ships nse, and OF the casks Of brandy
| which was also for the ships use-passengers and
crew using larger quantity Of that beverage than
| would be perhaps deemed proper by the people Of
Maine. There was evidence that the oil or that
large cask of brandy had been taken ashore, and
they would show that the only person guilty of the
&C. Of smug ,, was Cooper himself: MI. Belts
impartial judgment Of the case on behalf OF his
client
Frederick Kaman, examined by Mr.. Cutting, de-
posed-He keeps u store at l35 Maiden lane, corner
of Water street. that was my place Of business in
summer Of 1852; there was no large cask of brandy
carried 70 my store last summer from the ship Wash
ingt0n there part of cask of gin brought; it
was about half full; bought it from John Cooper
tho witness in this case; paid him in full and got
receipt produces the receipt; it is dated the 18th
July, 1852.
MIR. Cutting--The jury wilt remember that Cooper
left the ship ten days before breads the receipt for
s2s Is. which was signed John Cooper.]
Nicholas Busey recalled. and produces the receipt
given him by Cooper for SIP 49, for package Of
socks. The bill ran-"Mr. Nicholas Busey, bought
Of Mr.. Cooper, 269 pairs Of woollen stockings, at
cents sloO g; 81 pairs socks at Isl cents, go 19
and Is pairs childrens stockings, lS3 cents 50 81
in all, sl19 49, Il was receipted BY John Cooper,
and dated August 20. 1851
Witness continusd-Could not find the receipt for
the brandy which he bought from Cooper in July.
1851.
TO the District At.orney-Could net find any en-
try of it in his books.
James Hadden deposed-That he was storekeeper
on the Washington, under Captain Floyd, up to May
last; know Cooper; recollect the ten cases OF oil
spoken Of by him; don't know where they were
slowed; received nix cases Of them in my store
of them would be in New York % Is per case; l
did not them slowed away in the boats; the six
cases that were sent TO me were used for the ship 8
stores and were charged to the ship: one two Of
the other cases leaked: those sent to me were per-
feet; had two bottles of the other four for my own
use, and others on board had the privilege OF taking
Wnat tney wanted: Complains were maze 70 Inc Dy
the passengers Of the brandy; they said it nfe
rior, and reported the complaint TO Mr. Ross, the
steward; Mr.. Ross bought the brandy at Bremen
haven; Mr. Ross told me he would give me another
quarter cash at Southampton OF o better Class
brandy; ] told the captain at Southampton what
complaint was made TO me, and ne said he would
for the future 10 the purchase Of the ships stores
himself: the usual intimacy existed between Ross
and Captain Fitch (; there was than the
| usual intimacy between Ross and Captain Floyd;
the ship was about two days and half at southamp-
ton; | saw Brogden on board attending TO the bust
nes.; received quarter cask Of brandy there from
Mr.. Ross: / received another from the bonded store,
which was bought by Capt. Fitch; 1t was seventy
four gallons they were slowed in the hold; the
cask that Ross bought was opened on the same day
that sailed aud il proved ~ be dark brandy, not
the quality that requred il came on for tho ships
stores; reported il 70 the captain, and he desired
me TO tell Ross, that IL there time, to put it
ashore again. that it would not be charged to the
ship; reported that 10 Ross: he did not put it
ashore, and il was not put into the ships account;
did not sign for t. and it was left TO Rosss
count; | opened the large cask bought by Capt
Fitch, and used it on the hoyncward voyage 1t WAS
pale brandy. "Simon pure, and was charged 10 the
ships account; did not see the eight casks removed
from the hold the duplicate for the large cask was
made out in the usual way and charged to the si p;
| knew Mrs Vonlen beck in Bremerhaven ever
since have been running there have been in the
habit Of going there ON ships business; | have fire.
quenty gone there for stores for port use; her bust
ness chiefly Holland gin and caret; the officers Of
the ship bad been in the habit Of dealing there; did
not require person TO speak German 70 deal with
her. she IL an Engl-hwoman by birth, and always
spoke English TO us; | never heard her speak any.
thing else; she Is now married b. an Englishman;
knew Of person threatening TO arrest Cooper on
board for money that he owed; on the evening prior
TO the ship leaving southampton on The July voyage
a gentleman Game down 10 the room
The District Attorney objected to this testimony on
the ground that il was 10 contradict Cooper, on
collateral matter brUluht out on THE crossexamina
ton, ard they were DoNnd by his answers.
The Court thought they should be permitted d
prove II Cooper had been The purchler Of gin.
Witness continued-The gentleman who came 10
the mess room represented house in Bremen tina,
Cooper had purchased se9ars Of, and ne wished t.
! know a. to the payment Of theI Cooper told hin
Thai the segars Of an inferior character: that he