The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-10-13

J.. y. a.. Leonard +.
2. James Mclaughlin 8. Moses A. Hoppock,
Q. Aaron D. Hopping, .. James NJ. Parker,
4. Cersbom Cohen, TO- Milo Root
B. sylvester s. Post, H. Stephen w. Jones,
Q. tliakim l.. Boes, r. Reuben Mapleson.
The District Attorney appeared for the prosecution Mr.
Carpenter, ex-Judge Beebe Hon. Ogden Hoffman, and
Mr.. Fullerton behalf OF the defence
Mr. Charles Edwards took open part counsel but
he in court by the side Of Mr. Charles II. Stanley,
Secretary to the British Consulate here who had been
| subponad witness. Mr.. Edwards, being standing
counsel for the Consulate present protecvey,
that he might necessary aid in the demurring to the
introduction OF extraneous matter.
TX Judge Beebe the part Of the accused said that
that several counts in the indictment bad and he
desired to know the District Attorney would elect which
Tie District Attorney could not make any selection.
Mr. Beebe said that 1t was understood that they
Of the indictment he would not delay the cours by
argument which IT IL probable the nature Of the estmo
ny would render unnecessary This point conceded
they were disqualified BY prejudice otherwise ifso they
might leave the box. If they not then they might
their seats and counsel would make no challenges
The District Attorney then proceeded TO open for the
prosecution in this case In which American jury
empanneed to try for enlisting for foreign
vice in violation Of the laws of the United States. This
nation nation of commerce. and not Of and its
policy was peace with the rest Of the world Ia ISIS
territory or Jurisdiction Of the United states enlist or
or enter himself to go beyond the limits and jarisdc
ton Of the United States with the intent to be enlisted
entered in the foreign service Of any foreign prince
state colony district, people, soldier
rine board Of any vessel OF war; letter of
nS s 30 To- ns s n Dc
ceedng 81 000 and be imprisoned not exceeding three
years" The Dist let Attorney then went to say that
when declared between Russia and the Allies this
country had determined to maintain neutrality The
District Attorney then detailed the circumstance Of the
charge against the accused for enisng one Abraham
Cooke for service in the Crea the 3D. o. August last
| Abraham Cook German was then sworn, but said he
did not speak English well enough to testify without an
Counsel for defence suggested that he should be
insa in English unless diacnity arose
Witness then deposed in English-I live In New York;
know Wagner since the Sd of August then him in
the Bowery, between Broome and Grand streets q.
to me in German how do you dof'' said, Not good;
have no work he said 70 me win you go TO Halifax
Wagner said when got TO Halifax would get $50 boun
~ and $40 month for three years said, SWELL have
been eight years soldier in my own country and as
agreed to go; I said would 60 for three years TO
Halifax; he took me along to boarding house in
Broome street he asked my name, and Wagner wrote
it On paper; he wrote it.in the boarding house in
Rroome street, between II and Il O'Clock; ! asked
him what time would 60 away; he said at O'clock
in the room, and too and went out, Wagner
said for me to be in time and there ut o'clock;
went back to the boarding house at quarter past
O'Clock; took two three with me; Wagner had
gone before got to the house. O. Did Wagner say any
the steamer A. No; he did not tell me where the
steamer he said the Of the vessel G. Van.
derbf: when I got down to the steamer saw Wagner
there Wagner gave tickets to the for Boston he
gave me ticket for Boston; when went to Boston,
names. q Did Wagner say hing to you board the
steamer A. Not word; II Friday we lett New
York, and reached Boston on Saturday morning; I
Wagner there he took carpet bag in his hand and
out first, and all the followed him TO boarding house,
all stopped at the boarding house until Thursday
morning; Wagner stopped there Wagner told me on
ship would be ready to go to Halifax; We were six
days in Boston; | walking about the city those
house used to go sit in the Park the Common
sitting there one day, when German gentleman came
up to and asked me what the matter; Collected
TOY; Wagner me every day in the boarding house
O. Lid you Wagner since them A. Wagner sal
10 in Eldridge jaisI win give you money IL
you you do not know be also said 'the evidence
taken down in Boston win not do here'' there
examii alton in Boston for three or four days.
Cross examined by Nr. Beebc-I live in Pearl street,
New York; am peddlar in dry goods; donft know
ing House, near Chatham street; don't know how long
have been there; there about two months before
met Wagner in the Bowery peddled IN Brooklyn and
in Hoboken, New Jersey; when ] met Wagner had
Ilaughter); have been in Cincinnati have been in
this country four years. and in New York year aud a
half; don't know the names Il any persons | bought
goods from, except Mr.. Smith snd Mr. tllman and
don know where they live never saw Wagner before
the morning met him in the Bowery. was going to
Harlem TO look Tor work wasn't walking fast, II
too warm daughter he didn't shake hands with me;
! not deceny dressed; . was not dressed
as well then a. am now; got money In Eldrige street
jail have told all that occurred between and Wag
ner he gave the ticket on board when the steamer
going of from the dock had ii.ket which gov
frtm another man; Wagner said give me back that
ttketo and he gave one for Boston have the
OF Cook since came here my is Kok in Holland;
and call myself Abraham Cook; my real name is Abram
kIk.
james W. Mead examnel-I am wharf agent on the
sonington line there boat called the Vanderbilt
on hat line In August our first class passenger tickets
are ", and the second class " ~
Lawrence Berlin deposed-I know Wagner; first saw
him corner OF leancey street and Broome street. Y was
the FIRST 81 August--WctI esdsy am u baker and had
just come from bake shop Cook first time he
steamboat on Friday after the Wednesday met Wag
ner; saw Wagner there also q. Did you see anything
done about ticketss
Mr.. Hoffman submitted that the testimony should be
confined TO what Wagner did TO Cook, and should 20
beyt nd the Indictment this Indictment IL alone for
listing Cook, and not for enlisting this witness.
To the District Attorney-Cook board when the
ct, and gave Cook one.
The district AttorneyTka, Is my case; viii
Mr.. stan'ey--fbank You SIR good morning
Mr. Hoffman suggested TO the Court that no offence
proved and desired 10 know whether the Judge would
send the case 20 the jury or intimate what biz opinion
OF The matter l.. He submitted that the contract had
not been proven 50 as 10 make offence under the ru
ing Of Judge Sprague, In a similar tried In Boston,
The Court suggested that the consdera ion moving be-
tween the prisoner and Cook the bounty Of so and
the $40 per month hs, It might be necessary that
the panty enlistpg should receive a promise that his
toaId Lis paseape should be paid He thought the
"a G had better 20 10 the jury. -
Mr. Becbe Then opened the case for the defence, AMI
aid that a mountain had been made out Of q mole hill
A. far he concerned he though that II this man
had gope the Cfimea there would be, very probably
lees in the almshoDse for the citizens OF New
York 10 support lie submitted that no contract had
formed Ia thus and sail that ne would
go and live under the Russian government when the
freedom Of this country houid be % far crtaed that
n man may not 20 whatever country he peases and
that there law Of this country that could prevent
from going 30 Halifax II he pleased 20 do so
ard he need e. the District Attorney OF the United
states get his permission 10 do so That the defence
wtuld show that the day that Cook states he met
Wagner he Wagner his boarding house aud did
leave until O'Clock in the afternoon q that day
when he received a despatch 10 20 10 Boston.
The Eist let Atorney-Tben understand your defence
10 be u el1G
Mr.. Eeebe--precisely 30.
Martin Frey then cal ed and aeposedl i've AZ 2b
Broome street lived there four years, keep boarding
house there knew Wagner about two or three years
erf longer he boarded at my house the whole ~ as
q. DO you recoect Wagner starting for Boston
early in August A. As far as remember, and according