New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-11-09

o. Go9o hope IA orig Juiia Moalion, aud back I've
Trited States my name y un the shioni,y a., =, =
X is that pTOduced; Captain Smith was .,Jss.i
l shipped &c steward; went on board s,,a..,,
and The brig, under Capt. Smith went 10 so,, ''ly
% ef,sI@n otiween Cipt Saith and the stoer
alter getting out; heard them speak of ,be c.asJs
Africa and slaves, aud then suppo.ed bev -: VI
shaving hey spoke IN Portuguese; was aean Int
ration. '"' 'o"'ci
l1be Dshict-Atorney stated TO the COM, ,,., ho
INTENDED to ask as to the arrival at africa, e. The
Court snid that sufficient had ba., - ~. rug
attacked The District. Atornev s;d ~ eo.ess y
shorten the case very much as he had otber 90
MISSES. '''''i wiz
Samuel @. Stinson swon-Is a chip broker n, Ro,.
tom The shp Julia Moulton was sold 10 ca, s nys
don't know whether the Capt s. nresent ~. ~
same or Dor; do not know who owned the BRIG. sbo
was sold through our agency; she was built a, Dana
Geo. w. Mcclellan sworn-Am Denn.v Couao,ox
at Bosobi Tie oath here shown taken before me.
only know 1t from the fact of my name being a.
saw bin in New. York P'' - I'LL 4
VIM Poole called by same-Am notary in Rr,
hIg clip; remember e. shipping crew FIR the julia
Capt. s. here is the same; Messrs Babbt A. Va I,"
tine paid me, so far as my books show. 1''"'
[T1e latter was objected to. The Court said !,
could not pe received as evidence against the defen.
dant unless PROOF Is given that Rabbit g. Valeo,;na
were authorized by him 70 pay. The Ds,r;ot A.,or
hey said he could not do that unless he cauad NJ
valentine to the stand, and he not wish to do that
Mr.. Valentine, it will be recollec,ed bas 49,
charged with fitting oot the vesseI)-toe Court lad
the testimony, then, would be ruled outI N
Witness Is shown the crew list OF the Jula Mani.
tom nave Known Capt. Smith or 5 years cannot
say he signed this believe the hand writing 10 h. his
Cross -E1amiued-Do not remember wbe, I f,s,
shipped crew for Capt. S.; know but one Mr.. Ban
chare; he keeps now to me- cannot say whether
or not have known him three years
Thomas III. Osborne sworn-A Denutv &, o,Ioo.o.e Al,
the port-Ihe register shown purpofts 10 have baen
signed by james Smith cannot say as to who was the
particular individual that signed it. VIZ
Sydney L. lDgraham sworn-Is Register Clerk in
the Custom-House; the register bond of the Jnla
Moulton was filled up and signed before me: il il
signed James Smith james Will and John A. b.
gart d Co. by ii. &. Smith
Gross Examined- Cannot identify the indiv;dral..
Oily know it was executed before me-
h. Z. Smith sworn-Is Custom.House Broker;
the meme to the bond is mine; the hand writing to
that and the manifest NINE made latter ont by
word of mouth or bill Of lading as usual
Two or three other witnesses were called but
nothing material shown.
The trap,ator of the alleged letter of instructions
testified TO the correctness OF the translation.
MIR. Joacbimssen wished to read the oahs a. the
Cuitom-House, &c, that had been proved. Mr..
0Copor; in explanation, called Mr. II. E. Smith,
Custom House broker, who testified that the usual
mode at the Custom-House is not to read the OATH
but to ask the party if they know it to be true-s
sure that the oath at the Custom House signed by
Capt Smith when he witness was present, was not
read TO him.
Finley Bigger sworn-Is Register of the Treasury
at Washington; the register shown of the Jalia Mou
ton has my signature; ii was furnished doubt, to
abe Collector at Boston; / sign them ia blank at
Washington; do not know TO the other cancelled
register, previous register to Feb. H.
Mr.. Ipgraham was recalled. and certified TO the
surrender of the register Feb H. on new one being
taken out.
Mr. Joscbmssen read the registry and fourteen other
papers in which james Smith (prisoner) said he was
q citizen of the United States, resident Of New
o,H nla M aaid hrlu I1IiQ
also the msnifest Of cargo dated Feb. IL, 1854,
which states that she was bound to Cape Town,
(Cspe Of Good Hope said cargo consisting of beans,
me- al &C. Us already stated and said by witnesses to
have be on used as food for the slaves also that the
vessel built at Newcastle, Me-; also, the crew.
Int go
Mr. j. also read the translation of alleged instruc-
tons. dated New York Feb. l2 1854, and signed with
the initial l.. The institutions were to the landing
ON coast Of Cuba after taking in slaves at Africa,
stating that the brig will be boarded, &c. and the
slaves 10 be delivered TO the order of Don Salvador
de Castro. There is nothing said in them rs to the
burning Of the vessel; also statements OF the crows,
one Of them in German, found in Capt Smith trunk
also one or two other and immatorial papers.
The for the prosecution here rested
THE Defense.
Mr. o Conor said they did not propose to make any
opening They would call such witnesses as they de-
fre.
Catherine Monter sworn--(Interpreted by Major
Scheetpger.l was born in the Kingdom of Han
over; an 81 years of age emlgraed 10 TINS country
9Th July last know james Smith, the prisoner az the
bar; be is about 25 Years Of age: knew his father
was acquainted with his mother; bus father was Nv
ing when left III anOver; his mother died In ls4s:
phs well acquainted with the family; his mother ana
nv self were related; Mr.. Smith was born In Han
over; he was known as Julius Schmidt; IN lsis,
when he mother died, lie was attending tue naVlga-
zion school in Hamburg; | was at bis mothers fu-
neral; prisoner was there at the time, ana Two DAYS
afterw ard be left Hanover, as first mate oil vesse
In August, ls49; heard OF letters having been re.
ceived by bic father frem him .,.
Croes-examined-Il live in New fork, at my sons
house No. 20 University place. my son Keeps
grocery; have some brothers in this City; Capt.
Smith mother and myself were cousnsi hrst saw
smith in this country last Saturday it was at my
bou,e: some person. an officer was with him; do not
Know who Il was. THE Dstrict-Attorney expressed
yurprise al prisoner in close custody, on captal
charge, being allowed 10 60 out lie was porn a1
Bederkaser Hanover; his father has other children,
air In all. the whole of them boys; this was the
second boy; there was no james among 'helh hi''
raw him at his parents house. , $1,000. ., .ho
Mr. OConor said he had other witnesses TO the
same point but il not worth while 10 can 'nen'
rs none Of them knew 30 much as last Witness;
The prisoner is indicted as citizen oil the ohteu
States and the object is to show that he Is mol 50
Albert Hipck, sworn.-The prisoner ia my cousin;
am 90 years Of age; came here in October, lsssi
he and were brought up together just across tnS
street his mother died the April before lett diu
not 40 q him after his mothers death, as ne was III
Hamburg; saw him in Hanover in 1919; fret saw
him in this country two three years ago keep a
grocery store Eighteenth-st. and Avenue Al nave
Kept there four five years, and one OF the proPe
TORS since February last. ,o,
C,oss. smined.- Prisoner left when boy in lsil
or 1912 and came back in 1873 to Bederkaser; ne
was at my store last Saturday in company Win an
other man. :. o.. :;
abe Kingdom of Hanover; / arrived here in 1889; l
anew Capt. Smith in the old country as boy; hrst
saw him here in the winter of 1850 or 1881; never