The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-05-09

BIAaS OF Captain Iinklepaugh, Joseph L.
Z White, Esq, and Mr.. Joseph sowier, for
OhstYucting the United states Ofhcers.

Northern Light. Mr.. John McKeon UNITED States Dis
tibet Attorney and Mr.. P. ~ Joachimsssn Assistan
District Attorney, appeared for the prosecution, and
hssus. y. B. Cutting and H. F. Clark for the defence.
1As bnoving jurors were empsnnelled:-
A John Hutchinson, Austin Church,
JAS n glish, John n. Harlow,
mg Wm Oostner, Charles Fletcher,
jacob 6suthard, Ja.ob De Baum,
Hugh Black, d. B. Wood,
Benz. p. Pease, John N. Whitfield.
Nh. Joachmssen stated the for the prosecution
and then called Benjamin F. Ryer who depossd that he
officer attached to the United States Marshas Office
was dsputized to serve process (produce the cath
December last was think before o'clock found tn.
Northern Light at pier No. North river; when went
on beard, inquired for Capt Tnklepaugh and told
that he st the Custom House clearing the vessel and
that hs would be back then asked for the chief
gnser and Mr.. Fowler pointed ont to me- told MIN
owler) the nature Of my business that had process
Of the United States District Court and forbid him from
the vhs the snga;sr that he shouid take his
instrustions from the captain; told him he should
beard shortly after; / told him / had . process
against the vessel; ! handed him the notice, and
IN his hand and looked ~ It, but I am mot posi-
tive Mr. White then his appearance and inquired
what The officially was then handed him the monition,
And told him 1t was . process against the vessel; he
looked at IT. something said ABOUT the harshnsss
The proceeding on the part Of the United States
tsin's room Mr. Cole, Mr.. White, Mr.. Horton, Cap.
Tinklepaugh. and NJ Scott and others wore pressn.
NJ White asked me TO lot him see the again. did
he locked ct ii and read It, and returned it to and
then left there appeared to be 1T that time con
sion on the dock; remained near the captains room
went to the hurricane deck where saw Csp ain nkie
paush near the wheehonse giving orders to cast of the
] the S. s: Ct .ss s:F q. an. sl.sV ' a
should think she was pretty nearly half way across,
when observed the revenue cutter Washington coming
boat; had got pretty well down to wards Ellis leland
when gun was fred from the cutter, and told Capt
about hall minute there was shot ared which crossed
her bow ry yards told the captain then that unless
ahs to- The next shot would plug her; don't think
and The latter came up reported to the officer, Lieut.
stafford ny condition spoke to him In the presence Of
ashed OF was under process Of the United states and
that wished the vessel stopped he (ths Aeutenan
.slertsd 70 Capt Fonos. and orders were given BY
h the strsam she did 60 back and anchor; Mr. Horton
Was dsputed on the process With me; was the only
assistant Horton, think, the wharf, Captain
Ihklepaugh was standing on the wheehouse. Q. Was
s Gn Sss' Not A E. s ss 1
cfee the vessel went in about ten minutes After Mr..
white left the captains ofiee the dock was quite
ss ID e. IL Go o
tns CAPTAIN; there appeared to be great deal Of ex-
observe any more noise and confusion on board than
usual ON such occasions.
Cross examined BY MI. a. F Uark-I cannot nx the
Il bef re O'Clock, because when went board
Vas told that the captain was at the Custom House,
from the President to stop the ship at all hazards9 A.
did not. sir Do you Ieeolleot seeing (Mr. Clark
on SSa1dY A. d. sir saw you Just as the vessel vas
process, and telling you that would bond the vesse2
A. do not; have my for not reoonecting IT,
know whether Mr. White had then left the VESSEL or not
think you Mr Cark were pretty nearly the last per-
which presented to Captain Mnkiepaugh my imprss.
10. is that Captain Tlnklepaugh took the paper; Nr.
White not then present. the ship bad stopped beor
the blank shot fired to get clear Of vessels O. You
an an ofHosr; WAS after O'Clock, but was at the
ever Of any conversation with you, Mr.. Clark
tsrfered with me; We were treated very well board
10 Mr., Cutting-N was not known that the cutter
was coming round until she hove in sight.
10 M. Joachimssen-I am an officer Of the United
States Marshall have motive for suppresng any
collection Of having any conversationIwith M CLARK;
certainly the at their part took the my
Luther Horton examined by Mr.. Joachimssen-Dspos-
Cd that he deputed this process against the
Northern Light got II about halt past O'Clock; had
criminal process also; had other with me-Aan-
&c. Cook and Quinn when We got on board went with
": Ryer to see that this process was executed
before went in search Of the men against whom had
process; there large crowd deck; the steam Of
the vessel was It Was understood ct that time that the
ho q staring was three osoSs abe was :t fastened
a1; .. seoa eS the
he Captain was there them and understood they were
geing to have consultation; Mr. White and NJ Clark
left the ssh AND e Mr. vent
Cl.st came q 2, board With him. o.-wnsn did
the vessel until jumped Oh the gang plank 70 save the
Lilo Of our District Attorney kept on board - long IS
tie that he Was bonded and discharged. '''''
Cross examir cd by Mr. ClArk-I am an officer OF this
court and act N deputy when specially dsputised by the
HArshal. was appointed In 1858; my appointment is
not in writing; Ieeolleot you, Mr.. Clark coming on
board he nr CO. went to the captains oas and said he
bond The vessel immediately said that they would
swing the vessel round and give halt An hour would
sssy the government whether there we're any arms on
COED mind to abandon the vessel to the United States
government.
Peter Cook eposed that hs was sent down on board the
Northern Light BY Marshal Hillyer, the Oath Deoem
Der last found Horton and Ryer on they said they
had attached the VESSEL went on deel and remained
tAere until she went into the stream; Mr. Clark
(the couneeD speaking TO TinkspAugh heard Mr. Clark
~ 70 Capt fin.:D.ugh sYoS so Mr. CLARK got Of
tsstimeDy WAS corroborativs Of the others.
Oscar Coles, examined BY Mr.. Joachimssen, deprsed
Light on s4ts pDsssnSsr last about quarter past two
O'Clock that about quarter Of hour before the
narskas deputies came on board Mr. Joaohinasasn As
sisant United States Attorney came board with Them
M Joachimssen told me he had process against the
vsfsel and that there arms and munitions Of
on board; sad did not believe IT, he said there
passengers for Nicaragua board SAID did not know
and that they liberty to search for arms and to
arrest any persons for whom they had warrants whom
Mr. White board and he went to the captains
room; esnt positively who went there, but White
and finkepaugh; NJ White left and Mr. Clark came
bond the ship and let her 60 her usual hour he said
the Commodore (meanmg Mr.. vanderbilt) was 10 his
once; Captain TinklspAugh remained board OF
ship al the time, In charge, until she anchored ia
the stream; Mr.. White and Captain finklepaugh