The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-24
PRICE TWO CENTS.
Oh args Of Eniisting for the Cskznea.
UNI Sd STATES coMNIssIosER's COURT.

a
MAYz3-Sey& raj persons now in jai, crsrged With
snlsps within the United States for the purposs Of
serving In the war at the Crimea. The Uaied States
Marshal has been yer digent In this snAr and with
the assistance OF officer Nevn has succeeded arrest
ing about dozen parties three Of whop named schun
acie err Perkus and Cromr " were this dsy brought up
again for examination.
Jas. Haan deposed--That an acquaintanes Of his In
troduced him to Perkins, at 20 Mott stress and toi
Perkins that after he (wness una acquafafed With
him he might pave nnd to Join The corps; Ms Pefkps
thtn eoA US TO his private roo up stars and asked
Lsutsnant in the RUSSIAN Iali @iss ss he he ssid You
nay Sepend at least on being made sers esnt s' the
pounds sterling: asia nss oa sss ss s o
conseerstsD be said II preferred to be sgsat,
would get So fer each man at Boston yoq dsvsr
tnem ycuIseE or leave them to this nny N
Pier No 81 want to introduce you TO Mr. Weiss sHib
would see; he asked where he could meet TO NOR
row. he said "you can't and me here every othsr
day; you win find mo in Lewis street. he showed .
document he had been officer In ths Prussan ssrvioe
SIN not citizen; know nothing about the other two.
Another witness, examined by Mr. JoAchimsseu, do
posed rough the medium Of interpreter, that hs
and he went to 1ls Grand street where be saw young
gentleman, AID asked him he wanted engineers; this
money to take me to Boston said stated in the
Advertisement that free; another gentleman who
tbs Afternoon he would oEWard me- to Boston free
OF expenfe; went at four p. NJ tbs Same afternoon
Mt Perkins came and toot to pier g. when ws west
on board the vessel, tail gentleman joined u.s. bs-
sye bis n,Hs T. We 81 the vessel did no SAL aha next
gentleman, who asked for employment also; Perkins
said he wanted men to enlist In the EneIiah
and eight dollars . month; don't know whore
p% to e. s % to g. to
other man il he could mako up his mind TO 50 right
away he also put the same question to said no,
On examination BY exJudge BeeSe. Witness said
he was born at Cologne has been hero since Sd Do
Adjourned TO Friday morning, at 10 o'clock.
THE ENLrsTMEATs FOR THE BRITISH SERVICE 0PIs-
ION OF JUDGE KANE.
From the Philadelphia North American, May %
UNITED STATES DISTRICT COURT "A hearing Ia the case
of Messrs Hsrz. Perkins and Bucinel, charged with
recruiting soldiers for the British ia the cm.s
The testimony taken before Commissioners Hsazlst, :.
Atorr ey vsndyio, and its application to the cases BE-
fore the Court Commented upon. He claimed TO have
1878. 80
The second section upon which the prosecution Yelies
person shall within the territory Jurisdiction Of ths
United States, enlist enter himself beyond the
to be IN the q .
prince, State, colony district people, soldier
q marine or ieamsn on board Of any vessel sf war.
sba be deemed guilty Of high mi, demeAnor and SHAH
te fined not exceeding ons thousan dollars aad be i-
prisoned rot exceeding three years |"
Judge Kane said he had read the act and formed
orinon. He would reject from the confederation every
Argument founded the punctuation OF It, The phrase
cloey Of ths second section ia clear The word sooier
does not connec. iself with any vessel The important
words in the bill are hire or RETAIN which aeluae
tuairy CT engagement Contract having paid
engaged TO pay perform.
do rot think that the payment Of the passage froa
this country 0: who desires to enlist foreign
port within the act In the terms Of the printed
proclamation, there Is nothing coonctnR with the laws
OF the United States. person may 90 abroad, pro
vded the e listment bs In foreign place, not havag
accepted and exertised o commission.
There Is scme evidence in Hertzs that he did
hire and retain and therefore hs would have b 30
snbited tn jury. 10 Perkins case, there tssti-
mcpy upon wbica jury might convict In Buoknells,
spears that there O conversation at which he
was present; but there was enlistment, hiring
retaining.
The conversation related to the practicabllty Of
persons goirg 10 Nova Scotia TO enlist. II the rule
have laid be correct then the evidence does
connect him sitn the msdemesnor. Mr.. Bucknell Ia
therefore discharged and Messrs Perkins and Hertz
rsmandsd to take their trial.