The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-10-17

The examination In the OF tho People David s.
Mnis jose Pedrajas Ozro T. Downs and others, who
charged with having conspred together to defraud
the Great Western sun Mutual and other insurance COM
panes out Of some BY enectng bogus assurances
the bark E. A. KinsmAn and cargo Was resumed yes
terday the Jefferson Market Police Court in the pre-
Of large number Of spectators The proceedings
commenced with the reading Of samuel Coles AFFIDAVIT,
which In rather interesting, % follows
Samuel Cole being duly sworn. depoees and says that
he shipped BOARD the bafk T. A. Kinsmsn as cook
month before toe sailing Of the said vessel that before
the vessel saied from this port deponents In
ns s ~ ns ar, sss ~ "a - So ou Ss AZ, .a sae
room, the water Closet that before said vessel
sailed Capt Downs was very frequently inside SAID
some description the said coses two or three
days aer the sailing OF the veese the captain directed
the deponeut 70 change his berth from the said store
room 70 The second mates cabin on the ground Ihss Inc
latter comfortable 70 sleep that depouent
did change hi, place Of sleeping, ba obliged 20
down 10 the said storeroom daily tw three times for
tho purpose OF obtaining provisions that deponent on
nearly every occasion found the captain Ia the
closet that he frequently heard him using tools OF
kind thai the captain appeared be great deal
Of the time after the vessel sailed that when depouen
would get the cabin the noise would cease
until the deponent would leave when the said noise
would recommenoe; that occasion after dcponent
had found the captain very frequently In the said
closet the captain told deponent that uawe that
the noses heard by the deponent Of person
working tools but VIVA, tools deponeni not say:
IL
Aiy AFTER she sailed from the port much SO as 10
render the use Of the pumps necessary that ca
unli abe was abandoned that for some aays before
she was abandoned this leak incre0ed SO A. TO keep the
crew constantly 81 the pumps that the weather
very nne during the whole voyage, being only
once obliged 70 reef topeais; thai Toe wind va, fair
any the Southern ports but thai made
hove In sight but thai 10 sigma Of distress was svsy
that after being out fourteen days the told the
captain thai something must be doue; the boats were
n he Nv In I.sva thav Az.
Arrod the afs mate Charles Brown depouent add two
OTHERS IN boat and that the same number in
GLIDING the captain ard second mate, In other
boat; that got boats sboat four A and
laid along side uaiil nine o'clock that while ald
assed the mate sby che wss NJ, nS
that the made answer; that boat ia which
dcponent vas went srocnd the vessel twice before
her the second time depouent Ia her star
beard side above the water line at the rggns;
that depoGent did not the said going around
the weasel the rst time that the said cut appeared
have made with Ratchet; that dep,neut does no,
think that went through the plankng that the mate
.o x as oo,, one oass And some Prov
sel went down about sixty miles from thcHole in the
Wall tia, the wind lair and dspooeai believes they
nine that the mates boat did leave the vessel
until zine A. NJ sad reached the Hole at twelve 2. NJ
about fifteen hours u the informed that had
by the captains orders, taken on the hatches
Charles Brown, oDe Of the salors board the bark
testified as follows Was . seaman on board the A
kipsmaa on her last voyage sne began 20 leak % the
nrst dsy out aud had 70 apply the pumps. aftsr
ahatdoncd tne vessel, and while sailing around
small boats, saw hole IN the side o. the vessel list
an n the main rsrnr the hole fresh AID appear
ed 10 have been done with Axe; did any
make the hole the hole very small one ABOUT half
inch deep; the ve~el had three sad a half feet Of
IN TIE hold when Abandoned her, she 10
leak very little, except when u came on 70 bor and
then she kascd badly.
Peter l. Anthony recalled-I know how toe carr, rss
put away when the vessel really 10 SAIL no person
could gel below The water line without removing sone
Of The freight but think person c,nid make hoe In
tbe vessel through the water cioset
Peter I. Anshouy, foreman Of The gang o. stsvedorcs
engaged IN loading the A. Riurru,n, depcsed that be
attended 70 The ssowDg Of ali the o.sso pui on board
tighter came alongside With pdrporcd 70 be three
hundred barrels Of guano and iron he examined q NUN
Der Of tbe barrels and found she contain VIA, In
be Judgment, wn nothing more snan red clay be sne.
rot rc~s ,abe a. etner In appearance By the smc
subsequently cart loads Of gnsno were shipped on
board whch did not resemble the ssad he examined in
James csvsnsrh and william Dug.n, s,evedorcs who
we're engaged With The previous witness
the cargo of the r. A knsman dep1ee that they, too
examined the contents Of the barrels supposed to
ccesan suano, and they OF opinion that the stuff
John Arnold, who bsd been previously s-cra. wS
then examined By Of the oouns. for the defence
He depc~ed that he mate Of the A. Knsman her
last voyage; knew David MUS; knew thst he shipped
several hundred barrels Of ash ruaso he also shipped
are clay, tniry or forty barrels Of oil and several
terces o. hardware; also quantity Of vhst appeared
70 be good furnfturc acr abandoning the vessel did
not notinr any hole n sde hear remark from
the witness Drown that effect The remainder OF the
witness testimony vas unimportsnt and devoid Of In
tercstA
A number ~ other witnesses were then examined, bat
their testimony was only ccrrosorstve Of vhs, has
lready been elected Before adlournng the OF
the council FOR the prosecution got up and stated that Ia
ssmvea he could dad nothing In the evidence 70 mp
cate Mr. James NJ Clrrerss, one Of the defendants he
moved Tor his discharge. The magistrate granted the
rootoo and Informed NJ csrrcras ths he vas hoBosby
acquitted