The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-21
rrsna or the Alleged Foreign Recruiting
Agents mt 8OgtOn.

elicit cd.
At this point the District Attorney said the gov
ernnept had but one more witness to examine, but
tAat witness sick in jail, and could not appear
to day. Therefore he would move an adjournment
OF The Court until TO morrow morning, at Which
ine he would crave tina decision OF the court upon
the question whether proot or declaratons by Ger
tain in regard 70 their intention to enlist In
NE B,itlsh army would bs admissible AZ evidence
Mr. Hsless stated Ia explanation has certain OF the
persons who were found on board the Buffalo, made
decls stcus ct Tsrpsu IN Cove that tdsy had enter
ed Into an agreement 90 enlist Ia the British army,
hut subsequently deniei having made any such de-
clarstcn He wished to kno~ II proof Of those
decDa1atiops would be admitted ~ evidence In the
Mr.. Andrew objected 20 this course OF proceeding
becsuse even il the deolarations Of tnird persons
could in any view be admittee-Which was point
already under considerauOD and to be further
xusd Ia the morning-stil, none such could be ad-
mntsd III persons nos refer'ed to by name In she
iG5ictmenf.
Mr.. HsIlets urged that this was not material
polnt, inssmuch az, II not called by name, all the
persons who were on board the Buffalo were included
IN tie phrase and ali o;ner persons" which occurs
In Ehe Indictment.
Mr. Andrews further coatsnded that the defen-
dsl ought rOtto be c0pvic ed under an indictm snt
oncerning anonymous ps~tieS, when by the proofs
alTesdy in, the names OF we're or ought TO have
beec taken by the Grand Jnry
THIRD DAy-THURsDAy.
Tho Court came 10 o. 10 O'Clock.
Mr., HAleet proposed To put Ia witnesses to prove
the acts end declarations o. soma pers named IN
tbs Indictment, and aso Ut soue not mentioned In
the 7lh count.
TIE Court inqired ii he proposed t, connect the
Defendants with hese acts and declarations.
Mr., Halett replied chat he SUPPOSE it would
not be necessary 70 roanect the parties Ia the
matter OF infent-of irovpg that each knew the
Others int<nt-but ~ the intent Of co ID, 10
baIksd at New York si.hout the intent to
eriist, hut while on the passage, before leaving
tho Jurisdiction OF Ire United STATES, might
eohstns % 80 70 RalifsS 30 enter !. on foreign
oazis with the passengers, aad thor object In TAX
ing them to Hal fax, could De ascsrtasned and their
guilt fixed. Ha expo e % prove that ta1se
persons On board The Bpffl 10, when they left Nes
Sofk, did 20 on the au position that they were
going to work, and not 10 bs enlisted 90 soldiers;
that after they had bsea some nme from Ne Y1k
they sscertainsd that they ~efs bsngak to Halt
fox, when some OF + en EXPRESSED Willingness to
Ell. let eoldiere, sRdy suUi- OF them an unwilling
ness. He also exoscsed = SLOW taat one OF the
dsfenSsnte said 10 ttess mes .Dat II thsy wshsd TO
70 20 Halifax anc tDhs Thy need not leave the
sesI ard the cutter wouit NOT dare to take them
fsam her; and that SONS of srese d1 refuse to
lease the Buffalo, ana called others co wards tor
leaving.
Mr.. Burt for tie oesrucs, arsusd against the
admission Of witnesses 20 Prove the aeclaatons Of
individuals not sps cited ny Ia the Indictment,
citing various authorities e. Sustain his objections.
he confer ded that the evio.ncs offered varied from
the allegations in the Ind etmenr. Aso. t aat the
dtcla. atlons OF third persons, If admitted, should
b. colhaed TO time anG place before leaving Ne1
YeIk in the presence aud SIT tue kno vledge OF
the defendants, in order show crimioslty on the
part OF the defendants. Anything elsa would be
''hssfs6y" evidence
Mr., Andrews for the defence, conten5ed that in
Oiier 10 make GUS of against the defendants
uust he shown thet 1t they did hire individuals 70
leave New York tor Halifax, the. did 30 with the
itsent Ct enlisting shtm AZ soldiers uoon arrival;
that .hs Individuals 50 nr~o mad che intent to enlist
reaching HAiiay. ard infant ~ IA mutt
a aud concurrent, kro ga apd n dsfstO0d BY both
Iat.ies befcre leaving New Yo'k.
JrGse Sprague deolded tuat the evidence must be
Ada stsd 10 Q certain exam. chat D0rtion by
which .he District Attorney wished TO show the
COT nectior Of the da ebdaoIs sitn taa passenge
must be admitted, ano a"y de Iara,iors OF tn .se
ptfsogs ca board ot tbs Buffalo, made With tho
jurisdiction Of ttis court, saowing their intent
o. hiss time, weuld be admissible. The objec
too, which eeeDs 10 have great weight, to
admitting the declsators OF ehese persons b,csuse
th1y ave, or might be here WI ne.ses, void, as
gsDetel iu,e be sustained; but this case be would
admls skem; and when xbe evi,ence wSs all in,
ard H,e nature Of it was s.certsined, Che Coars
would state It's views of toe effect of 1t. The
Court YES not without doubs as 70 tue adm!ssibity
OFT evidence, and would give the defense the be.
aeft Of that djub..
Edward Q. EdiDg Knew some Frenchnsa on
hoard OF tie Buhalo; there four OF than, 0ae
nsusc Joseph Lavigie and ano her Ed yard Cia
vyie; siter resching rarpsuin Owe Ciaya le told
me be would shoot Russ ans in the Cnmsa, ana
eeia up handspike as II ht you'd shoot some one;
soksa him II be would De Wilt 20 90 to be Bfi
tsc 20 der and go - tire Grim TO ght the Russi
ans soc he said yes; and va wiling to be- ome SCI
dir az eCon he got TO hsusx; LAvjgne told me be-
foe re got into Yarpsuin Give be gas gong to slip
Cd Tie first chance he sot after the cutter came in
Hgft, he said ne was willOg to go; he refused to
60 Ace cutters boat lhe OH er ord re him
N, cut gave reason; did not hear tne defendants
saJ snst.tng about e ing IN the DO =; Hanson told
ne at Ta.pGuln Cove that ne was vii ing 30 become
a6cluisr Llppy askei ne il didn's know bsfore
came board that / Tas hired TO go TO the Cnmea;
that II was wiling to go and be soldier it would
be wr! for me to say much to the officers Of the
cutter, because didn't know which OF the gentle
neu vuad have charge Of me some time or other.
Cfossexsmined-Did not remember this CONVEX
cation when was on the stand before; roe elected
il Immediately afoer leaving the stand doa't know
20 testified about it before the Gcapd JnrS; dont
krSw a. | was asked alb nc II; have told the story
70 ~ Ha ss;; met Mr.; Lappy on ,hs quarter
place. spt Ike to him frss, asking him his mind
about she whole matter; he aaid he could not tell
me. end then the conversation ensued which I have
re.ate0; Clavee had beea drlr klrg at the time Of
his conversation with me, bat %as not drunk; told
Lsyisrs that would saip ii with him.
jacob Fisher, j HIS AVID CHRISTOPHER Terse were
seysssls recalled, but nothing OF importan . Ell.
Al tais point the District Attorney submitted
the case On the part OF toe government
Mr Burt, on bshsh OF the respondents. then said
he stguld move that 80 o.iendants be discharged
ca ths ground that the evo nee failed TO sustain
the allegations Of the indie ment He c,nteaded
t. ~ Tao brig Buffalo was gagged In peaceful voy
eg., compelled by ciicnm, tsntes to put into Tar.
putin Cove, and was At taat time British vessel
ard defendants were committing no offense ag sihss
tbe laws of the United States aud were deprived
ny their presence In United States waters Of no
rights which they bella under che British flag. No
proof Whatever OF "birpg retaining IN New
York has been shosn, nor Is the evidea o Of re
tsiniIs' II rarpsalsn Cove, OF sufficient weight to
convct the defendants It IL altogether too dimsy.
Il tue offence of "nirng retsibing' was really
ocmrittsd in New York, then tho ia beyond the
jurisdiction OF tLe Uated States. He also denie
that tae word retain" in the statute could be
legally Construed to mean torcibls detention.
Mr., hAett cont nded shaft ha argument that IL
We odence alleged Ia the indie mens was commit
eo n hew York, 1t was b. yoDd the jufied1soen OF
M OouIt, was toacious, II ssmuch az the hiring
NJ NTH Ant nd xuaah "a q