The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-22
SUPREME corRr-rARr SECOND.

| COURT RULES THAT HE CAN RECOVER ONLY THAT
AMOUNT, AND THE PLAINTIFF OBTAINS TWENTY
| DAYS TO MAKE NEW CASE.
SUPREME corRr-rARr SECOND.
Before Hon. Judge Duer and a Jury.
/ DEC 2l-The court opened at quarter pas, eleven
O'Clock. Sidney oaksmh the stand at the closing
Of the court on Saturday, and resumed the stand.
BY Mr. Dean- recollect spending Christmas in Port
land; left Boston the In OF December; at Port an
Prince had part OF the good. OF the Amelia taken and
put deck that before her seizure; know John
Crawford who has been examined witness (Craw-
fords affidavit of 1856 exhibited 10 witness) Crawford
was not in the country when this dated Twas present
when the statement was made; my brother was not in
the city the time the affidavit taken the affidavit
was made from Crawfords statements; he came to my
place Of alone; did not know the tendency OF
| them until knew who he
BY the Cour,-He alone; took him up to Mr..
| Donohue's Office and he made the affidavit
| By Mr. DEAN did not know him before he came IN
| and asked for Mr.. uaksmith.
BY Mr.. Lord think Crawford called upon in the
| middle Of the day; there was nothing said about his
motive for making the statement have seen him since;
can't how often: don't think IL was more than
not n be said he had Just arrived, think from rhla
delphia did not ask him about affidavit which had
been made in Railway; aid not know Of that
BY Mr. DEAN rocoeCt the transfer ~ tho forge from
Jokes which passed among the crew. suggested
that he should be Sc, up travelling blacksmith.
(Nir Dean here read the affidavit Of Crawford, Of Fe
george H. Penhcld, recalled by Mr. Doan-lBn Of rifles
bought by Mr.. oaksmth shown)-l recosnize the bill
shown the rifles sold hy me- and delivered about
January 1855; they were delivered from the factory
them; Goicouria introduced me to Captain
lowell 10 whom ] sold them, Captain Lowell could not
pay the whole. and Mr.. Gocouria paid the balance the
h all my handwriting; should say got the pay be
fore wrote Il: not in the habit Of rcceiptng bills
before get the money Caughter); made out The bin
from the invoice from the factory. (Auother bill shown
for 500 ries) recognize tbs as my handwritine,
4 sold them 20 General Gocoura; l don't know
| how many guns ] sold 10 General G0couril
the only large lot was 600 guns at one time: sold Capt
Lowell 600 guns all carblnes Capts Smith and Lowell
were together; Capt Smith bought separate lot from
| me. can't tell how many sold 10 Hitchcock Co; We
have been selling them ever since we began to manufac
| turc them
By Mr Lord have ndistinct recollection Of mai nr
out duplicate bills Mr. Oaksmth did not pay for the
guns do not recoeot the date; should say the money
4 wa paid before the date of the bin
BY the Court-Some person requested me 70 make ou'
/ these bills in the name Of Mr. oaksmih,
| by Mr. Iord-1 should Judge that Goicouria sent me
about Ell 900 Of the sJ4 600 had not the pleasure q
| Mr.. oaksmnhs acquaintance at the time; would not
have msde these duplicate bills At Mr. oaksmths request
| without tho assent II the person who sent me.
Mr. Dean read the bills for 500 Sharpes rfes, and for
coo Sharpes carbneS at $50 each, cartridges, &c, al
Welcome r. peebe called by Mr pean-Is- an. ., a..
attorneys this case know Mr Burr. rsNs ope or th
/ Plaintiffs
Mr. Dean proposed ;, r,Sva that Mr. Burroughs
aS % sui, being brought, hut the Cour
aN ' -Dsel On the other side thought was unneces
schn picsron. called by Mr. pcan-This witness Is
stcvedorc, aud testified 70 knowing Appleton osksmu
aout four years knew the victory, the Amelia and th
Nangoa had done work them all; worked on the VIC
tory n December 1854 had about q or men al work
for the purpose Of restowng the cargo. did not re
men may have carried or loose articles: there Sas
cargo stanchons before the main hatch there wa
space q more than twenty Zee, where there was y
cargo broke out the cargo the first night 80 tina,
could be examined; the second night we broke out NJ
after restowls forward, by order q oaksmh We brok
out more the second night than We did the frst this wa
restowed the third night there was not as much for
ward as there aft think the vessel was l25 or ID
| feet long. the bark was not lying near The Victor
| during the three nights: 7 unoaded the Whit
Squa FOR Mr. Oaksmith put u under sheds on the dock
was IN The zane month; think ana ,ne same men,
was All az the kind, cartridge boxes, ammunition
&C there forge on board the Nango3a, and one,
believe, on beard the Victory did not UNLOAD the VIC
| torv unsiowed her knew when ! saw the forge q
the Mongolia that there was one on the Victory.
| Ry Mr. Lord saw bellows and axletree on bot
FORCES know that there were Of guns the VIC
tory the iron part Of the forge on the Victory was boxc
w and The bellows part too did not open the boxes
The Mangola the bellows part partly boxed thin
saw the bellows part 10 the Manrola think saw Il u
the victory only the axletrees saw gun carriages
they were not boxed up think the White Squall csme
Williamsburg in December she lay near where the VIC
tory laid the Amelia lay alongside the whole bunch a.
above The Grand street ierry ,n n, s snnro ~
ferry when the victory lay there she lay there alone
think worked on the White squal after worked q
the victory the fret OF the Amelia was NJ the WI
lamsburgdock can't say AZ what time The 0rgo Of n
White Squall was q regular California cargo loaded tn
Amelia after the victory had et pu IN one nshter ioau
| did not stow the cargo particularly; The Amelia wa
sfterward moved below; | put IN another lighter ioa
/ there
Mr. Inrd here gave notice tina, he would show tha
this bad offered to the underwriters, III they woul
pay him. that the cargo was changed on the night b
. referred TO-
The wtness-lf you will Just ak me questions wi
| tell you ell about 4 u n open your eyes.
by the Court Old not paw the men s. for swearing
| The affdavts paid them Tor their work worked
night because there great talk o. the vessel ben
seized don Il know whether the work could have bee
| done Just well w the day Mr. Upton has bee
chasing up me and The men 70 get US TO testify about h
| matter
Nv the Court can give the Of others Of the me
besides those mentioned in this AFFIDAVIT two Of them ar
| dead. think mentioned all that IN the city.
| This witness occasioned much merrment in court b
lis prompt ready and OF hand manner Of giving his test
| mony.
Andrew Flood called by Mr.. ncan-This witness Wa
orc II the employed by Mr. Dickson IN 1854 and COZ
rcborated his testimony as " Tie bark victory.
By NJ Inrd-We hosted nothing With tackles