The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-14

avenues with to light sunry streets in Nineteenth
yard with OIL in favor Of lighting Thirty seventh street
between Fourth and Fifth avenues with gas
TO allow the Manhattan Gas Company to lay service pipe
north of Forty second street to to light Eighty
rst street between Second and Third avenues, with oil
% concur TO light Thirty ninth street between Eighth
The Board then adjourned to Monday afternoon, at
' - G 7. MccLENACHAN, Clerk
The Charge Of Smuggling board the Steam
ship Washington.
UNITED STATES DISTRICT COURT.
Before Hon. Judge Belts.
FOURTH DAY.
Fns l2-The United States Elisha H. Ftch-The <
animation OF James Hadden storekeeper board the
Warrington, continued from Saturdays HERALD
on the land, and upon that Captain Foyd ran to the
Wheel house and tried to force his through it. to
alter the course back again; then that the passsn
gers took hold OF him. and carried him below; heard
Cooper AK Captain Floyd he tired of his life and
So he had better jump overheard and not the
neAth Of the passengers on board.
To the District Attornsy-Left the Washington in No.
To Mr.. Cutdng-The charge OF intoxication against
captain Fitch is untrue.
br; W N. Gray dsposed-That he was physician to the
Cooper make threats against Captan Fitch 1t is my i'm
preston that the agents In Bremen sign bills Of lsding
J. W. Haibert on, merchant Maiden lane, who pas.
Henger on the Washington whom Floyd was deposed
This witness also testified to the difficulty that then
eurr as already given in the evidence Of the serekesper
Thomas Lalor clerk in shipping Office deposed-That
Cooper said to him that he would be Cd id if he
John X. Mathers chief engineer of the Washington on
the voyage that Capt Floyd on deposcd-Cooper
z. active against him as anybody else witness ted him
would stop the engines This witness gave similar tes
ony as TO the conduct Of Capt Floyd in the msdrec
ton Of the vessel tie charge Of ntemperance against
stephen W West steveoore-waso on duty at the Wash.
3gton in July, 1882 and d, not any brandy casks
sent away with the slush is there was no cargo
landed whom the Custom House officers there;
heard Cooper utter threats against tie captain
a at xyitp pOsad he naV
pny cargo secretly landed from the Washington
G. Provost deposed that Cooper said to him that he
&ould put Fitch in bad scrape the ship got
W. H. Coles deposed that he had been passenger on
left the ship At Milford Haven in consequence OF the
auct OF Capt Floyd he went up the Bristol Channel in
Cooper he stated how hundred yards-we were
from the rocks he stated he had informed Capt Floyd
marked to the captain that il no did not value his own
life he Cooper did his and he stopped the ship; said
to Cooper that thought Capt. Floyd an incorporate
man and Cooper agreed with me made the observation
nom what had seen; made previous voyages with Capt.
boyd and found him very much changed Fitch is what
would call temperate man; have heard Cooper speak
cry bitterly against Capt Fitch, injured man. by
ctlsttng him have the situation Of first officer.
e s p as a'
tion before the Mayor and Capt Tyson against Capt
n from Floyd, backed BY the evidence Of Cooper
Capt Floyd said he had no charge against Capt Fitch
cling against Capt Fitch think this was in September
TO the District Attorney-No aRdavts read charg
Ing Capt Fitch With smuggling was there simply to in
Edward Hncken, Of the firm Of Boyd Hncken-I know
Deoper he had been two years in our 6rm and not Ave
certificate Of FIVE years service his statement that he
had been i've years in ships have record Of bis
being with US except for two years
Bis Hcaor Mayor Westervelt examined by Mr.. Cutting
Deposed he interested part oyner OF the
ship Warrington believe Cooper first officer for one
WSshin2tOn
On the return voyage after he had left her he made
oomplaint against Capt Fitch he made the slight
Dst anusion TO Capt Fitch having smuggled his object
appeared to be to get the credit Of getting the ship of
Der Of the passengers which gave him the credit Of hav
ing done it time after the Washington left
that nrst heard Of the charge Of smuggling Cooper
at any time made complaint against Capt Fitch
never heard Of any charge against him for ntempe
1ance.
ingtcn and it is my impression she is now under libel for
condemnation.
Mr. Cutting would admit that and Of course the Dis
Cooper would be entitled TO part of the proceeds
VIM. Tyson, of the Directors of the Ocean Steam
Navigation Company-I know Cooper; turned him
out of my Office for making charges against Captain
Fitch; though he may have stated So did ii he
came to and told me that Captain Fitch intern
perate and conducted himself improperly towards tho
female passengers; he made charge Of embezzlng
Of smuggling at that time he said he considered himself
entitled TO be first officer explained to him that the
directors hsd decided that he not competent; he
seemed think that Captain Fitch had swayed whole
OF the directors against him do not know that he made
any threats, he was excited.
10 the District Attorney--It a month after that
that lie first made the charge OF smuggling against
Captain Fitch.
George n Howard wa. one Of the day inspectors Of
customs on board the Washington, in July 1852
hoard Immediately on her arrival there the follow
pg day and until she discharged; board at
unrise did not come the morning following till seven
fcock but found one OF the officers there when he went
seems to me ridiculous 10 say that casks of brandy
pud have been put ashore in the day time without my
icing them thore never any application made by
APtain Fitch, to me, TO land any casks he asked to
portion Of one box of OIL about SIX eight pint
Dttles and did so shoud not consider wrong,
toud It be so considered by our department.
To the District Attorney-Could not swear whether any
did not see, that rscollsst, any casks put over
Oh H Sand sworn-I am one Of the directors Of the
against Capt Fitch told him II he had an yhins against
Capt Fitch he must keep cool he then left the Office he
sseused ftch in ssns1. .nsGsgs With smuggling and
Justice done that he would stop the as far as
have known Capt Fitch his character is excellent We en-
tho present Mayor; Capt Tinker and Alexander wyle
gave Captain Fitch general good character.
IN Ju "a. ON al the me s9ssp ' os
the 9th and 10th whea Mr. Northorp took my place
Mr.. slater, engineer Of the Franklin, deOosed-That
From what he has heard people Of his general charac
ter ne, witness, could not believe him on oath has
good deal Of doubt Of the man was celebrated
Tor lying IS 70 his habits Of intemperance have
him drunk on deck when he had charge Of the ship
Kossft - A Adams awyer dePosed to threats being
since isle bis general character i. VERY good '''D
d. Gray recalled, and said that from Coopsrs
general character, he would not believe him under any
oiroumstancss whatever his character generally bad
would not believe him on oath '
10 the District Attsrnsy-Thats the general character
since 184o.
nr. Mathews gave similar testimony.
Mr. Terry, Arst engineer Of the Washington also de-
yesed that CooDers general character Ia bad and he
would not believe him oath
10 ths District Attornsy-Hs has had tina. rsputatio
Snce March. ls4s, when was on board the Hermann
with hin.
sw West and his son also deposed that they would
not believe Cooper oath.
John 8 Roger and C. @. Fleet engineers Of the wash
ington dspossd that Coopers character is bad would