The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-20

despatch 70 Ealssay anS ce1l3ar let me co. ro.hing
moe was ss.d absus IL; wnen Edlin asked ie Gao
tsjaiOY Ii tnink the cap IAN remarked "a ka1n,N,
II 6on't know, as yoa hEe,' they would not ley
ne 90 ashore while the vessel was o. auc for; NJ
kazinssi refused peru.issioa; applied hrss TO Nj
Kszlrski for Ieave to 60 an shore; had tss co-ysr
sa,ions With Kszinski, ore on Friday and acot5er
on Saturday; the conversation | have desaed 0c-
CURED on Saturday; no one but tne caos.ao vas
present at the conversation with kaziDss on Ri.
day; my fridays conversation with h aznsk' was
shout going sssors but be refused, saying nat II
d,d not wisn 70 enlist IS s,liier at ajax, per
haps he would let me of; never SPOKE !, .z'nshl
before that tine spoke to BIN thsn bscs1ss !
wanted TO 60 ashore, sod no. knowing tie right
way, the captain referred me to kaz'nssi; OF Ss-
turdny, heard luns Kaz'psS1 ssay to ths tall NJ ID,
the colonei-"It is we'll ne (meAning myself cam 4
talk EDellsb."
], Hiss, . Germsp, called-was on bard the
brig Buffalo; was 70 want OF emoloymeos Ia New
York, and went TO 81 Greenwich street, Wh 20 was
told could have work, alo was referred to 109
south strset, where nothiux % said to ms, bat
was taken irnme dlatuiy on board the vessel; was
TOLD could have WORK on Q railroad, D1j ant
know wberc; 0i3nt kaov anything abous g. as
to HALIFAX to enlist, nor where the vessel WAS
bound; never saw the defendants until ] yea, o.
roard The vessel; had no conversation WITH them.
heart the conversation between Fisher aad KHn-
hi about going ashore.
At this point quite lengthy discussion I'd
IN regard to ruhs Of evidence.
Mr.. HALLETT desired thu decieion ofthe Caort up.
tent On he part OF the men on board Of the vesse
to Mist IN foreign service, 10 order to Daks out
case against the prisoners He desired this In or
drr to understsn what kind o. testm my Cd otro-
du,e. II it Ia necessary to prove intent % the
part of the pssseDrs, it will DO necessary to s6o$
II ny the testimony O. os1er persons, oecsnss II
they had such inten, 1t would reader them llsbe to-
be penalties attached to the infrsction OF the oeu
iraty act, consequently they could not be called TO-
testify, becsuse Il ey woald imp)icatA themselves
Mr.: ANDREW, for the defence, differed from the
District Attorney in his interpretation OF the y
tute. These passengers Il they had the iitensi IN
OF going 10 Halifax 10 eDllsc. had parfect rsn- to-
do 81, becsuse they by )ing lett the Jurisdiction
Of The United States befora entstsDg. Therefore,
they would not 'Bplicate themselves in an Illegal
transaction by giving their testimony tina po,lt.
rhe point lies here inst they have no rig :. - en-
list IN The UDistd States, DOR has any one lac riga.
to "nire or RETAIN them for such purp $50 vito!n
the jurisdiction Of the trited States.
Judge SPIAaUE decided rhat for tie PRESENT the
csse might prt ed "a the presumption thu, IL IS
necessary to prove iDteast, eulist on the par. Of
the passengers. He also ruled that su 81 psrsoas
the point themselves, they have perfscr rsat to
leave this country for the purpose Of enisting in
forrjen service. The question OF admitting their
declarations 10 third persons ne reserved 70: further
Pbin Ksnffmsn, German Jew, was then called.
He testified that he brought seven men fro Z New
York to Boston On the IA Of juno last; knDw Count
ksznski, havug lived atth hlm fo0r or Il re sntns
IN New York; saw him ut the time brought the
men to Boston; know Vim. Newman and George
Smith, named in the Indictment; brought t1sm TO
b. ston by direction o. Count kszinski.
John 3 bmidt "a Gecmsn) called, and evidso,e
interpgeted.-Was on board the brig Baf 10; went
on b. srd from Twenty -tci'd street, New York, bs
cause could get no wcrk; man who resides At
l3o Anthony street employed me to work on raj
foad, or on battery 81 halifax; did not kaow
ANYTHING about going to tae Crimea; saw Mr.. L'oi
on board the vessel, and he asked me il cou a walk
three hours . day; asked him what hs meant, and
be said 1t WAS no more than was required of the
soldlers at Halifax; told him cou travel that
ier 9Th Of tine.
Dat el Hasale VAS ne xt a,ed, but nothing ms.
terra! sas e,ici ed. He testified to see M Cmot
kazipsk born some papers on board toe Buff 10.