The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-01

Ths'tyn'Se Of walkers Men Arrested BY ths Uaited
States Marshal on the A6idacit Of Comn'odore
F<udng Colonel Frank anderson and has Cot-
leagues 4, Court-Soms Of TAsm Claim to De NJ
saroksMn Citizens, and others Refuse to Testify
The Evidence of the Accused-No Decision Yet
Re~Sered, and The Parties stu IN Custody.
The thirty-nine men and six officers composing
Part of Gen. Walkers expedition TO Nicaragua, Ia
ken by Capt Sands, OF the United States ship Sus-
auehanna, transferred to the steamer Fulton and
thence to the frgate Wabash, Commodore Paulding,
and now at this place were arrested on the I'D by
the United States Marshal of this district, on war
rant issued by William Marvin, Judge of the United
States District Court on the following affidavit Of
Hiram PAulding, in command of the Home Squad
ROM
I,d Stass of America Southern District Of Fyoriia
n~Hiram Paulding Captain in the Navy of the United
ga1es beng duly doth depose and cay that he s
ne commanding officer board the United States rgate
Wabash of the Home Squadron, and that or about
the Path day December last Frank Anderson Dudley
MsMichael John West and others their associates were
en 10 the river San Juau NOrte 10 Nicaragua and
oeved by Capt Joshua r Sands board the Cutet States
vessel the Fulton also under the OF the deponent
transferred from thence board the said rgate Wa
bssh brought this port the sad Anderson and party
were armed with a piece o artillery, muskets, rifles,
pistols and appeared 70 be organized az military CON-
pany at the time they taken by Captain Sands de-
ponent informed and believes that he had, before
thev taken, been informed William walker tQat
the said Anderson and company constituted portion Of
= military expedition which sailed from the port or New
Orleans Mobile under the command OF SAID walker on
or about the day of November last, and INTENDED 70
act in hostility against the State Of Nicaragua Costa
Rca with the United States are At peace; aud he
charges upon he information he has received from
the said Walker ana others believes that the said
derson and others his assocses did consttu7 part Of
military expedition, began Or 80. on foot and di begin,
foot provide, prApase the means Of nil ary
expedition within the territory jurisdiction ofthe United
Ssatef and carried from thence against the state
vi wcaragIs or Costa Rca with Sbom the United Ssstes
at peace, contrary to the act OF congress snch case
provided. signed, HIRAM PaoLi'lSu
Sworn 70 aud subscribed before me, the twenty secoud
day OF January. 4. D., 1858. WILLIAM MARVIN, Judge
United States Marshal Pinkney brought Col. An
aerson and party before the Court the same day Of
the issue of the warrant and their arrest. There
being no District Attorney, Samuel ]. Douglass and
winer Bethel, Esquires, appeared for the govern
nent and Adam Gordon for the accused.
Frank Anderson being brought up, and informed
Of the charge against him, said that he citizen
of Nicaragua, and has been for nearly three years,
holding commission from ex-PresiderH Rvas, and
that he has land warrant for 500 acres of land in
Nicaragua, granted by Rivas, and also bond from
Rivas for 81 400 at per cent interest. He declared
that he had been brought here against his WILL and
he declined to make any further statement.
Dudley McMichael claimed TO be citizen of Mica
agua and had been since October 1856; he held the
rank of captain in the command Refused to say
anything further.
John 8. West held the rank Of captain; he be
came citizen of Nicaragua in 1866 and declined to
testify.
Flavel Belcher held the rank of lieutenant had
been resident of Nicaragua for over a year and q
half and of Central America over three years.
Lieut.. Francis P. Powers had nothing to say.
John Henly, Surgeon, was willing TO give testi-
mony. He and the other witnesses gave their testi
nony voluntarily, and were informed by the Court
that they were not bound TO answer any question
nor required 10 make any statement that they
thought might. .criminate themselves.
Surgeon Henly testifd substantially as follows
That he sailed in the Fa-hion on the 1lth OF No
yember from New Orleans, and, with six or seven
others, proceeded TO Mobile Bay, where about two
hundred men, among them Walker and Anderson,
boarded them from the tug boat Dick Keyes; the
Fashion was regularly cleared by Custom House
officer az an American vessel; a day or two out at
sra arms were placed in the hands OF the men; I;
beard that companies were being formed; saw no
mastering or drilling; Col Andersons party left the
Fashion when two miles from the mouth OF the Co
dorado and went ashore in boats; each man fur
nished with rifle and blanket the Fashion carried
the American flag
persons were officers until they got into the river
where for the first time, there was military orga
niEaton; the first drilling WAS on an island in the
river.
Charles Downing testified that with I50 men, or
more he went from Walkers rendezvous In New
Orleans 10 the steamer California and thence To Mo-
bile and was taken to the Fashion by the Dick
Reyes; he paid no passage in the California.
George jackson swore that the fourth or fifth day
cot Of Mobile companies Of forty men each were
organized; Capts McMullen, Cook and McMichael
made up the companies; the rolls after this were
regularly called by sergeants, and he, with six
OTHERS was about this time ordered 10 run balls;
screen 20 prevent observation was erected and ten
or fifteen boxes. containing guns, cartridge boxes
&c, opened behind IL; they arranged the arms, got
up lead, made a furnace, and commenced running
balls, Of which 10000 were cast; behind another
screen other men were making cartridges; the arms
were then distributed among the different com
panies; when of Greytown The Fashion showed
the Nicaraguan flag.
Charles More, OF Boston. testified that Walker
twice visited the rendezvous at New Orleans, when
his name enrolled by a major; place built up
with rails, and called the ordnsncedcpartment, ex-
bted on board the Fashion under cover of which he
assisted in making cartridges.
Chss. Brady testified that the fourth or fifth day
out four companies, having each q captain, lieu
tenant, sergeant and corporal, were organized; his
company was furnished with Mississippi rifles.
Daniel Green, Of Baltimore testified that the ff,h
day companies were organized; the members OF each
company were separately enrolled; he belonged 20
Capt. McMiChael's company.
Phillip Thomson, Of Liverpool. q seaman was told
when he joined at New Orleans. that ne would re.
ceiye s25 month aud $50 acres OF land if he would
enlist Tor one year The sixth day ont the men were
mustered and the roll called by the orderly ser
geant, and after that this repeated twice day.
The rest Of the testimony Of Thomson aud the other
witnesses is Of slight importance. II gives the pro
seedlings Of the Anderson party from the time Of
their landing the beach, at the mouth Of the Colo
rado 20 their surrender 10 Captain Sands, OF the
Susquehanna, all Of which has been communicated 10
you by correspondents in Nicaragua. After the party
landed at Colorado they seized Fort Castillo naval
steamboats,, boxes bales and packages Of Good on
the steamboat Ogden. On hearing OF Walkers cap.
ture they set fire TO the fort disabled the steamboat
About nine miles from its mouth they were taken by
Captain Sands.
he decision Of the Judge IN this case has not been
rendered.: In the meantime the Marsh u has the party
In his custody awaiting the action Of the Court