The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-21

Appleton 0aksmn on reexamination, deposed again TO
the ownership and insurance the Victory and her cargo
this cargo was on board al the time effected the nsu
Mr. Jones knew the nature OF the cargo informed
him what the value exceeded the amount in the
ton Of the cargo before she sailed 10 my
knowledge; was last ON board OF her ON the 22d o. De
cember, 1854 the day she sailed last in her hold
the 21st Of December Mr. DeFreas and Mr. Bailey were
with the cargo board then next heard OF tho
Victory on the 18Th 18th Of July following heard first
through the public prints report of her loss at the
versaton between Mr. Jones and myself as to the voyage
she was going
the month Of June she pier SO North river think
did not own her cargo then did own the vessel Hitch
cock Co put the cargo on board; was not in their
vice. did not attend akng the cargo on board, but was
there frequently sg great many things 80 on board
saw boxes Of cartridges am familiar enough with
them to know that they were such Saw some opened
some musketa go on board; was on board when
/ saw them; can't tell where they came from; l
did not superntend their ladng; there invoice
made OF them, but don't know where ii Isl made
by Mr. Hawks, who was in the employ OF Hitchcock II
Co. was owner Of the vessel there were on board 500
Sbarp's carbnes don't think saw them before going
the vessel saw them on board opened which was
slowed aft thn was on top Of the other CARGO there
coal board think las tons, got Of Marston Co.
say positively that there anything top of the
carbnes; there pistols board, but did not SEQ
them 20 on board opened DoX o. earoines they were
they werc muskets packed in boxes that you can
look in and what they contained did not see the box
of pistols shot which packed in skeleton
and in solid boxes; don't know how many; kept
tally took the masters report 10 the cargo there
cartridges in kegs there was nothing peculiar
about the kegs; don't know that any in kegs from
seeing them but Judge from the captains report can't
say positively which saw but saw shot going on board
don't know that can say that howitzer shells
shot, can only say that boxes of shot
board did of shot opened except those
that were exposed and which saw saw more than two
cases broken open and lying loose on the wharf and
taken on board can't say how many saw opened;
six pound brass guns going on board am sure saw
two; | don't know where they slowed;
recOilect
harness, saddles &c, and can't say how many cases
saw have no recollection of seeing howitzers; saw
several ammunition chests, can't say how many; they
were in cases, can't say how many; can't say positively
whether they were all in cages; can't say positively
whether I any pack sad lies; did see going
on board; think they loose; can't say whether
they put in not, say distinctly saw
loose; could not tell how many muskets saw; they
In boxes and cases; saw lty at least; did not
count them saw them carts and going the vessel
was not present when they were taken on the carts
the carts at the ship; may have seen them before
the beginning OF my kno Wedge Of the muskets that
Mr.. George law bought them OF the government as sup
pose lean tell how many boxes Of muskes we're opened
they broke open don't recollect any being opened
cept such as broke might have seen half dozen, and
have seen twenty cases my attention was not called
10 and cannot tell positively do not know who pur
chased any OF the muskcts except my purchase
The testimony of Joseph Thompson, Deputy U. ). Mar
sha shows that he attached the property under monton
said 10 have come from the bark Amelia he does not
know that the list is correct attended the sale the clerk
furnishes the advertisements Luther Horton made the
attachment
Luther Horton dcposed-That he was Deputy U. s.
Marshal in 1856, and served monton against part Of
the cargo Of the Amelia the list produced Is correct
Cross -cyamined.The goods were at Ellis Island; the
ammunition was there the rifles were at the Atlantic
dock compared the list nj the time; doDot know where
the goods from.
Edward Coffin deposed that he has possession Of the
books Of Hitchcock 4 CO.; he is their assignee.
Mr. Lord offers TO read in evidence the entry in the
books of Hitchcock Co (osjected to- Objection over
ruled, and exception taken.)
Cross. examined-I know nothing OF the books myself;
they were delivered to me as the books Of Hitchcock
Go.
To the Court do not know that they contain the art
Giles sold by Hitchcock Co. 70 Goicura.
The testimony &c Jacob A. WoEtervet Tex Mayor aud
W. H. Webb, ship builders testified that il not usual 10
repair vessels with cargo in them; there Ia danger oi
Edmond L. smith deposed that in December 1851, be
saw the Victory Mt wharf in Williamsburg, between the
Grand street ferry and the coal yard the left hand side
Of the ierry he ood stores for the Victory (ls pro-
duced, recognises them bills ot stores cared
BY him. signed by Captains Mason and Charles NJ Deane
delivered those stores al the vessel she lay the bulk
bead-not at the site | did not have 10 cross any
other vessel TO get 10 her would not deliver the goods
unless she the right vessel should think the Victory
loaded for sea, she pretty well down in the
water; the body of the receipt is In the handwriting of
Blanchard's clerk.
CtossexaminedThe receipt was written as the goods
put in the cart the OF the Victory cant
tell which way her head was pointed; saw tho mate Oh
board; don't know il the sails were some oi the good
put cabin and left the deck did
not whether the vessel was zneed coppered 6r
bottom painted.
Nicholas lawson re called and examined under obec
onne deposed 10 certain local matters and positions
board the Victory and 10 what he could and what
he could forward Of thing and abat another
the cargo appeared to be about foot from the dock
when he was caiking the matches three or four men
came; they Capt. Mason, Mr. Dc frates, Mr.. OAK
smith and Mr. Bailey the steam tug took the vessel from
the dock about I J, o'clock.
Cross scxaninod-Cannot tell whom tho sun rose hat
morning. eaBnot tell how much light there was in the
vessels scutte there was enough for me 70 see took
about twenty minutes or half an hour O calk her;
went down the iorecaste whenl was on board and stayed
about 6Ye minutes.
The witness was cross examined at great length
the position of the vessel &c-sgned of for oaksmih
under the twothirds act ] intimate with Oaksmith
neither witness his urn were interested m the victory
OF her cargo.
othcr calkcrs we're examined as 10 repairs and work
done 10 the Victory
George Powell, formerly porter in the store Of Hitch
cock A Co.--Mr. Hitchcock had conversation with wit
In the store OF 5. u. Roberts.
O. Did Mr.. Burroughs In the store of s D. Roberts, u
this city, 10 you that unless you testified IN favor of
The Insurance Company you should never haye another
Did Mr. Burroughs tell you, In the store oi = ID Ro-
ber that the insurance Company was managed By men
who had great influence; that oaksmith Hit ,hcock
had failed and neither of them could give you a days
work. OBJECTED 10 and ruled out
y. Did Mr.. Burroughs 10 that store tell yoa that be
this case fobjecsed TO and ruled out Wnncs-lkncw
Of large quantity Of and ammunition sold by Hitch
cock Co packed and marked large quantity Of them
al lie Broadway. only saw one travelling forge.
?. Herbert, examined for plsDtln. deposed-rbat be
bad seen the bark victory ~ peeemoer lss. Mlams
board 10th Dec. ship keeper, TO stay until
she saed found ne fratcs there; went there about
two O'clock r. NJ, aud from that time with the
ceplon OF two hours the day time, board
the vessel: board during all the nights; sh.
was wing close 10 the buxhcad 20 the river and not out
side any other vessel there work done in the night
time while was there; ongshoremen the ieth
December and broke out the cargo left In the morning
before day break and In the afternoon Oaksmh and three
gentlemen went down the hatch and the next night the
pot this cargo back and broke cargo aft and lcn
little before day break and In the Afternoon, oaksmh
and the other men esme and went down the hatch aud
the stored the cargo again IN the night time the
went down the main hatch and took cargo forward
there space OF ten feet each way, aud they put the
boxes there and these boxes put hack again,
boxes taken out Of the hatchway there ap
partus deck for taking out cargo the vessel sailed
the 22d December, about O'Clock there besides
the ships crew, Ar. oaksmth, Capt. Mason, v frats
and Chubb and two more don't know did not 20 with
the vessel, let her.
Cross examned-f was living In sixth avenue al that
time, was doing nothing especially; my business i
clerk. came from Hamburg In 1852. a ship
keeper before; had any employ from Daksmth
befcte. Witness examined al great length as 70 bis
watch and the time Of the longshorcmen going board
HeroiiaCtpd gNinH Dak0mth IA hammer box