Newspaper of The New York Herald, March 16, 1855, Page 2

TRIAL QP WILLIAM E1MA\B WE P01GBRY. Court ot MmkI It? low. Before RMordar Smith. ?ma DAY.?- KTIDBNCI TOH TBI FROWCUTIOH CONTIMUKD. ILUWB is.? Jiuian C. V?ry, )witne?s examined yester day t) appeared *nd produced three chccks to the order of Bishop. one dated August 6th, 1864, for 9100, in Hr. ttwynn's, handwriting, marked No. 3; an* t her August 3d, 1864, for $276, la the witness'* own handwriting, narked No. 4; and another of Jnlj 27th, 1864, for V'iOO, to Mr. Gwynn 's handwriting, marked No. ft. Examination of witness resumed by the District Attor ney.? These cheeks were given to a person who repre sented himseli as James BishoD? the man I pointed out m court yesterday; they were given in exchange for nncarrtnt money ; those two checks with our initials on the back, (No's 3 and 4,) were returned in cash; I de posited the eheck for I'iTb on the 5th; I gave the obeck to Mr. Bishop on the day 1 drew it; 1 do not remember who brought it; our check book had ran out, and be tween the 27th of July and the 2d of August, we were supplied with a new one by Nathan Lane k Co ; I 4* not remember when the check of Au gust 6 was passed to me as cash, eonse qnently 1 cannot tell the day on whieh It was de posited; there were various C1C0 checks deposited by us ! throughout the month; 1 can give you the dates of those; the eheck in question was returned with the ethers. Cross-exam;ned.? Q. By Mr. Bustoed. Whose hand writing is that? (Showing a chtck ) A. That is mine. Q. What difference do you find between the signature there and the one in the alleged forgery ? A. The final "?" is the forgery was open, and in the genuine it was dosed ; the-"n's" In both are very nearly alike. To the District Attorney.? The checks I have produced ate all our check a of the month of August. The District Attorney.? We select nineteen of these cheeks as being all which have the teller's certificate on them, and draw the Court's attentian to them. Robert H. Kales, 'stationer, 60 Wall street, examined by the District Attorney, deposed ? I am a member of the firm of Nathan Lane at Co. ; our firm has printed checks 1st the firm of Very & Gwjnn, and for John Thompson. Q. Do you know the prisoner by sight/ A. Be res em - bles very much the person who came into our store and ?btained two checks from us. CI. When and where was this? A This was at my store, on the 6th of August; a stranger to me then came iato tbe ( tore, requesting to have a check book made, asking at the tame time if we made them for Very ft Gwynn; 1 answered "Yes;" he then desired to see some ot the patterns; I showed him a few specimens, and among them John Thompson's and Very & Gwyna's ?hecks: I think be took a few other p Uterus, but cannot ve member which; he then asked me if I would have any objection to his takicg some of the patterns to show his partner; I told him i had none, and I cut him off a few specimens; he afterwards left the store, stating he would be back on Monday and order some. Q. Whose specimens were those you cutoff? A. They were John Tliompsjn's and Very AGwynn's; that is a certain fact; I cat off one of each and gave them to liirn , ?n Monday following be came in again, saying ho hail lost the pattern of Very A Gwynn that he bad taken ?way on Saturday, and said be would like one similar to >t, with the name of Scott A Wilson; I asked him where I should send it; he said he would call for it; I told him it would be done in about ttn days. Q. Where is that book? A. In my store, I made (he book and it was never called for; he ordered a six quire book, containing 144 leaves, of six checks on each leaf. y. Did that person ever return to your store? A. Not to my knowledge; he did not say anything about the Thompson cheek when he stated be lost the Very & Gwynn cheek; be said he liked these checks, and that was the reason he gave for ??le.-ting them; my book keeper was in the store at the time ; it was a check like exhibit No. 1 that I gave him. Cross-examined by Mr. Busteed ? I have printed ch<tcks for Very fc Gwynn since they commenced business, or within a year previous to last August; th?y have had two books of ch?cks in all, and we are no* printing them anothtr; we made the last check book for them in the fall of 1854, I think; we occupy the basement of 19 Wall street; we have done a large business in printing eheck books for brokers and mercantile men. <J. Frou what place aid you take the ch^k to give to this person who came Into your xtore in A iguit? A. I took it froui among some specimens. Q Do you recollect whether you took it from a book or from a loose sheet? A. I dou't recollect. Q Have you got the sheet frcm which vou took tuis ' eheck still in your poese"sii u- A. 1 can't say. Q. Have you ever looked for it? A. No; I was never j requested to look for it; we had two clerks in our em ploy. in the month of August, 1864, aud a bookkeeper, I exclusive of the priuters. Q. About how many persons come into your store during the day* A. Ketween twenty and fifty , 1 cannot give you tbe names of any merchants for whom we make check books similar to those of Thompson, and Very and Gwynn; my memory is pretty good; tbe roijori'y ?f the checks are printed in biaek ink; when the person in question came into my office, our bookkeeper and Wilecn, a clerk, were pre ent; this was on a Saturday, the 6th of August ; 1 don't recollect what patterns or ?hecks 1 showed him, besides those of lhempson, and Very and Gwynn , he said he liked John Thompson's check; be stayed in the store about fifteen minuter; be came back on Monday morning about 11 o'clock; my bookkeeper was present on this occasion; it was on Saturday that he told m he ha 1 seen Very and Gwynn's ?heck; before 1 showed him John Thompson's che k, on Batnraay, he did not ask tor it; 1 did not ask him on Monday where he did but iness; the value of the l>oo'* which! was to print for him, was worth between mn and ten dollars. q. Have you now such knowledge that you can swear Ceitively that the prisoner is the perron who came to your store on the 6th of August? A. Ilk resembles hiss very much. (j. How was he dressed on Saturday ? A. I cannot describe his drest ; 1 did not take particular notice, be had on a bat, and at that time, I think, wore whiskers ?n the lower part of his face: 1 don't know whether hit ?oat or pantaloons were white or black. Q. Can you tell what were the eolor of his eyes ? A. Be had light eyes. Q. Can you Mil me whe'her they were blue or black * A. 1 cannot; I never saw the man afterwards till I saw him in tbe cells of tbe City Hall; 1 talked to him there; 1 asked him why he did not come for the check book h? had ordered; he raid he had never been to Wall street. He did not say that he did not know me. Q. Did you tell him your store was In Wall street 1 A. No. Q. Did the person who was with you tell him so ? A. No; ofikcr Hogan was with ms at the time, and he said that the man was Kissane. he did not intimate to me that Kissane. was the man who had been in my store: I went out to talk with the officer, and returned again to sm if I could recognize K s-sne more closely ; the saor* 1 looked at him the more 1 felt certain tbat he was the maa; 1 have talked to officer* Hogan and Head and to Mr. Parton, the teller of the Chemical Bank, abjut this ?>IHr Q. I* your recollection of pertons dealing with you pretty good? A. Yea. Q. If a person transiently came into your rtore end purchased ?? worth of goods, would yoa rec< ?'ni*e h m after a lapse of come miu'LuJ A. I m ght in Mime g By tlif Ju<!|,e? When jou ** w Ki >uni io the ihty Ball cell* and asked bim wby he did not cotm for the check tx ok, did you or the officer >11 him where you lived before be said be bad ntver be^n in Wall ntreetr A. We 41a not. By Mr. Busteed? Q. Are yoa sure of that' A. 1 think 1 m>|(ht bare menticntd Wall street. Charles Mc?i?ary, cleifc u> John Thomp-ou, being ? worn, deposed? I h*ve seen Mr. Thompson write; a* Inn rUrk, I have frequently signed check* for htm an fol lows ? ''John Thompson, < hjtrlce McUeary, Attorney." In the month of August last, A M. tireenU-af and ray -elf were the only twe who signed check* for Mr. Tliotnp??n ; be signed them "John Thompnon, A. W. (Jreenleif, At ?ortey ," I have never seen the ngnature ??t Mr Tl??mp ?on to check* made by any other '.ban himself. Q. What is your opinion of that signature (showlug exhibit No. 1)? A. 1 think it in a forged aignaturs; I have often seen Mr. Candy, teller of the Amenoan Kx change Hank, write and *un hit name; I believe bis name written on thi* check to be a forgery Crone examined.? Mr Busteed presented a bundle of oheeks to wltneM. and asked him to fkparate those ?igned by Mr. Ihompson, which was done accordingly. Witness? I have been a clerk for Mr. Thomp-on a>>o:it arfx years; Mr. Thompson employed from sixteen to twenty clerki in August, 1864. I never signed a check wtth Mr Thompson's name without the addition of my ?vi. I have signed aevsral papers with Mr. Tliompioa'i nne without the addition of my own; I don't know whether Mr. Greealeaf ha* done so. Patritk Healy, clerk at Bixby'a Hotel, deposed? I was alerk there in Aucuak last, I attend to the ofil.*, see M> the registering of names, provide rooms, and an forth. Q. Do you know the prisoner at the bar by eight or otherwt**' A. I know Mr. Carbon. Q. T?o yon sec Mr. Carbon (Cole) in court f. A. Tes. Q. Have you seen the party since who was with Mr. Carhaai at BUby'a Hotelf A. No. the name of the person wffi* was with him was Healy. Q. How often did yon aee the person who was with Carbon t A. I caw him the night he came and the next i. How was he dreeaedt A. I cannot recollect, he had etady hair, with whiskers and a goatee; he cams up stairs first and euiulrel for rooma. Q. I* that Chrbon's signature? (ahnwing the luitcl book.) A Yea; I saw him write it; the other ia ilea, toy 'a eigaatur* . Carbon stayed three daya, but ilealcy only stayed that night; the entry on the book ia mad* ca August the 'lid. Q l<oee the prisoner Kis'ane look like the man who tame with Mr. Carbon? Mr. Busteed objected. ThelHatrut ? Attorney aaid that in Kngland the first qneeUon pot to the witness in the box ia, "Oo yoq know the priaoaer at the barr" but here, he call, we are to democratic, that prisoner* alt among us an 1 we cannot discern them from the crowd. (Laughter ) Wiaesa ? The pneoner ressmblee llcaley , his h?'r ant cyee are like .tboce^of 'Mr. Healey; I saw Carbon in the c?Ua of the City Hall since he came to the hotel ; 1 have act seen the other till to-day. Crocs-exam ned by Mr. Rustend I There la no ot'isr hook ia ths hotel that registers the arrivals aad depar tures of aartiea; the names were registered after Carbon came aad atked for rooms. Joba A. Uwynne, member of the firm of Very k ''wynne, dencaed ? nie sheok new ahowa to me (Kt hlMt2) ia forged, I have seen a person oalling h m<elf Jams* Bishop Tn my office; the che-.ks (Exhibits ft and 3; are genuine and ia my handwriting. I saw Bishop two er three times he requested me to g;ve nlm a check to nie order, fot which he gave m* some ancurrent money; Id* not r*e?llect the amount of that check , I gave him 1? ?be?k also for uneurrent mcney . I have seen .TSf*!*11' Continental Bank, write; i turea on t! be cheeks now shown tn me are all genuine except that on Eshibit No. 2, which I h*vc pronouncsd a forgery , I have not seen Rich op alnce I eeon Man la Guar; now whom I think recamblee him gnewyj Oroseexemse.1 by Mr. Bnsteed-I am *ct sure that I caw Bishop twiac in my Office I think It la the same saaa ; the 0* ly knowledge I have of Tallaaaa a writing I* , eetag hia writ* wkJe ? tasdug at the counter. BWH> L. Woketor, stork with Vwy * Qwynno, 4? (?<?i-l Ut? b?? in tMr MqhnMl tine* tho lit April, 1864: I kin never signed checks for T?y ft GwyMO; other clerks la their employment do Mt alga chocks (or thom to say knovMn. Hii*both Hubirr dopoeeA? I *u ?stored u cham bermaid at the Mow Y?t Hotel loat yoar, and m there now; 1 went to the Tombs on Monday with officer Hogan: I cannot tall the name of the persons 1 law there, hut one ahook hands with me, and called me by nam (wit neaa identified Findley or Biahop aa the porson) ; Cote waa the other person; they occupied room No. fiw at the New York Hotel, In toe rail of last year; I never hoard their name* mentioned there; I think I hare aoen the prisoner Kiaaane before at the Now York Hotel; ke did not room with the other gentlemen ; he had a room by himself; I saw him go into their room; my business called me in there some timet. Q. Did you ever hear them lay anything, or aoe them doing anything? and if to, what f A. No; I never no ticed them particulaily; a card table waa in the room and stood between the window and tha com municating doors , I have seen them all there lere ral tunea; I have aeen them writing at the table; I have never been In tha room mora than four or five times at any time; there waa writing pap** before them while they were sitting at the table; I think I have seen them writing there between 12 and A o'clock; I don't recollect that I tver saw any printed paper on the Boor; every time I cleaned the room I took op papers from the floor; I never got anything for them? they never atked me; I never heard them called by any name while in tbe bouse; the dour of their room was never fastened; I have seen another gentleman go into the room, but lie was not there so continually as the other*. Cross examined by Mr. Busteed? I should think ttiere were about 400 guests at tbe New York Hotel when the party in question lodged theie; 1 am certain that I saw Mr Ole there. Benj. F. Farnsworth deposed ? 1 am a salesman, resid ing at 327 Broadway; I know Mr. Cole, and aee him now in court; I first saw him on the 28th of August, 1864. I had never seen him previously; Mr. Cole came to iny home and said he wonld Uke to look at a room ; I under stood he wanted a lodging room ; I showed him a room ; he said he wanted it perhaps a week, and perhapa a month; my terms were in advance, and he paid a week in advance; he stayed a week and tlien left; he was fur nished with a night key, with which he could go in at any time; he left on the 4th ot September; he had bag gage in his room; he had a trunk marked ?'Cole, Cincin nati;" he left in the afternoon of September 4th; I can not say whether he was often or seldom in his room. Cross examined by Mr. Busteed ? I think Cole came the day after he took the room. Q You have been asked by the District Attorney as to what Mr. Cole said, what persons viBiting him did, and whether you observed any thing in his manner; now, did you notice anything about his conduct that excited your suspicion f Objected to, and objection maintained by the Court. (J. What were the manner and conduct of Mr. Cole during tbe whole time he was in your house'/ Objected to.? The Court said that the witness might testisfy as to facts, but he must not give his own oplni ons of those facto. Witness? Mr. Cole went out and came in quietly, as a gentleman and a business man; I had no communica tions with him of any consequence; he spoke, I think, of his wife at tbe West, and said that she did not like him to be away from his family; 1 think I saw him onoe in the street; be was then alone; I have seen him in front of my house alone; I don't recollect that I ever saw Fine ley or K insane in his company. Patrick Henley (witness previously examined,) was re called, and produced a correct transcript from the Ho tel books of Ml. Carbon's dealings with Mr. Bixby. The paper was an account for room hire, meals, sc., for seven days, amounting to $6 64, (marked exhibit 12.) Charles S. Waterhouse, of the firm of Van Brunt k Wateibou^e, 200 Chambers street, depose 1 ? I am in the provision business: we carry on trade with the West to eonie extent; 1 have been in business here for five years; our Arm has been established about that time; I am ac quainted with Findley, and I saw him first during the month of August last; the first time I saw Mr. Bishop (tor he went under that Dame then,) he came into the store and talked to Mr. Van Brunt; Mr. Van Brunt sail to me, " This is Mr. Bishop, a drover, from Kentucky, who wants to open an account with the Chemical Bank ? 1 believe you will have to introduce him;" 1 said very well," and w?nt up to tbe bank with Bishop, and introduced him to the cathier; the cashier asked me If I knew bim; 1 answered, ?'Not of my own knowledge, but Mr. Van Hrunt asked roe to introduce him;" Mr. Bishop then pulled out a roll of bills, &nd ?a.d, "I am not well ac quainted with tbe way* of i oing business here; I wish you would count there;" I did so ; found that they amounted to $2,000, and made the deposit for him; the bills were principally city bills; there were also two drafts for t*, 000 each; those now shown to me ( marked 13 nal 14) I beliovc to be tbe same; I deposited these drafts for collection at the seme time; 1 do not recollect whe ther Bishop endorsed them ; Biahop wrote his nam* in the signature book of the bank; afterwards he asked me to wri'e my name, as, he said, he had a had memory for names; 1 objected, but snid nothing . I then took a carl and wrote my name on it; he said, ' that is your name, is itV" 1 auswered, ''yes;" we then wont out on the (treet, and he urged me to go and dine with him; I could not do it then, but promised to dine with him at nix o'clock ; we went to the Astor House, end he pro posed in conversation to fell me 1, ('00 live li?gs which he said were in Kentucky, and I was to wake up my mind wbk* 1 would give, and tell him when I dined w'th him at six oV.lork at the Prescott House; I weut to the Prescott House about six o'clock, and found no Mr. lUsbop; next mooting he came to my store between uine and ten o'clock, and said to me " You were not at the PTescott House last ninht ;" 1 said 1 was; be replied, '* You wore no* there th'-n n.1 six o'clock." and 1 said no; he remarked that he was in his room all tbe while; in the coarse of conversation he asked me to tpeak a little louder, as be was bard of hear ing; be made another appointment to meet me at the Prescott House in company with Mr. (Jysler; I went with 10-. (iysler to the fteseott House a httle before six, and again did not find him; that is the last I saw of Mr. Bishop until I saw him in the Tombs. Cross examined by Mr. Busteed? 1 did oot dine with him at any time. Q. Howefteu have you told this story to people'/ A. I have told it a good many times. Q. Were you disappointed that you did not ^et the uinn r at. the Pre-.-ott House? A. I'retty much tbe s.iiii? as you wo ild have felt. Q. How often did yon set- Mr. Itiabop writeV A. Only once. Q. Why did you obj?;t io writing your name when Mr. Bishop asked you to do ! it': A. 1 did write it with a pencil. Further consideration of the case was here postponed for tbe day, and the ( ourt adjourned. THIRD HAY. Hai.i h 15. ? Edaard W. Tall man, flr^t teller of the Continental Rank, being sworn, deposed? 1 am acq'ia'nt ed with the firm tf Very Jfc Gwynn; the four checks now shown to me bear my genuine signature, with the ex ception of that marked No. 'i, whiih Is f<yrge?l; I kno* Mr. ' andy, late paying teller of the American Exchange Bank 1 can't recollect that I have ever Men him write. Theodore Van Brunt, of the firm of Van Brunt & W? i terhoufe, No. H00 Chambers street, being sworn, depos I *d ? We are in the provision business. Q. Do yon know a person who called himself James : Biabop? A. I know him by night; the priaoner, Findley, ' is the man; he called at my place in the latter part of ' August last; 1 think it was the :29th: he said be bad ! money with him. and wished to make a deposit. Q. Did the party calling himself Bishop girt you the the rameaol any pi?rlies at the Weetf Objected to ro the ground of its being leading, and ob jection overrul* >1 by the Court. A. No. l'he counsel here discovered that it was Van Brunt senior instead of Van Brunt junior, whom they wished I to examiue. The witness waa therefore sent in search ; of his lather i like Japhet of historic fame,) of whose whereabouts ne seemed singularly ignorant. William K. Morton, deposed ? My business has been | 'li.it of b\nking in Cincinnati, for several years; I have known the prisoner, Kixsane, for ten years, an I ( saw i him in the latter part of August in this city . 1 met him going down Broadway one day, opposite the I'ark, aViut three o'clock in the afternoon, he was with several oth?r?, 1 cannot say extotly liow h? was dressel. but 1 would known Kissane if I only uv his hack; I think he wore a light goatee at '.hat Una, but I *in not certain; I < think ke noticed me. for 1 observed his head drop; I j turned round after 1 passed and looked at him; that was the only time 1 saw him last sammer. Q. Ind you ev?r go into the Chemical Bank last num i werv A. Yes, I weut In two or three days a'ter I saw Kiisane; I saw the ["resident and cMbler there; I kuo v , Mr. J C. Hughes, of I'aris, B iurbon county, Kv.; I have seen him write and sign hi* name; I know lus liaad writlng. y Will yon have tbe goodness to look at the following letter (marked 16). and fay whether the signature at tached to it ii Mr. Hughes' signature. A. I think it is a forgery, 1 know Andrew Findley; I knew a person of the i name of James Bishop, who la new dead; he was in tbe ' tailoring businoae.Findley (one of the prisoners) suc ceeded Mr. James Blahop in the business. I have seen the deceased .lames Bistfop write, and know hia signature. Q Look at the signatures on those checks (Nos :t, 4 and 6), and state whether they are the s'gn?tur*a of the late Js men Bishop. A They resemble bis signature, but be has been dead several year*; I am slightly acquainted with Mr. Cot* Cross-examined by Mr. Busteed? I have been living here a year last October; 1 would know Mr. Kiisane witn bis back tamed towards me as well as If I saw h;s face; It is from being intimately acquainted with him. that I ran say this, I -an't say bow tall he is; I am no ju !ge of height; 1 said ( thought he might have a goatee. I h ive , seen him with a goatee. y. How many persons were wtth him when you met bim in Broadway ? A. There were three, probably four. U IHd you observe whether thev were or were not linked arm In aim f A. 1 believe they were, but I am not positive. y Waa Mr. Rissano nearest the sidewalk ? A. He wae next the wall; I paaeod close by Dim, at a distance per haps, ?f two or three feet; I .was going home to my din ner at the time; 1 don't recollect whether I walked all tbe way home that day or not; nothing parti :uUr at tracted sy attention tc wards tboee four persons . I saw a number of person* whom I knew that day. Q. Canyon mention the name* of any one you knew that day? A. No; when I turned round to look at Kia aane it waa only for a moment, thia waa not on a Hun day. I Ant made my acquaintance with Mr. J. C. H ii ghee in the city of Cincinnati; I did huelnes* with him there for three or four win'ars he lived in Ken tu<-ky, but remained In Cincinnati during the pork aoa son I don't know what tbe initials "J. C." stand for; 1 tnink the "J." stands for Joseph I can't say how many time* I saw Mr. Hughes during the winters he ro mained in Cincinnati; I have seen J. C, Hughe* write frobably a dosen times. probably fifty times, and pro ably more- I have seen him write che<-k* frequently. Q When did you leave Cincinnati to live in New Torkf A. 1 came here in the month of .fetabnr, 1HM. Q When did Jnmea Riabop leave One noailf A. Three or four year* ago. Q Wbera did yo last see him *llr*f A. in Hneinoatl. y How do y?a know that he is Head' A. II.* friend* told me he wa* dead ? 1 wasln lnat* with Mr. Bishop; we were neighbor*; ( have visited him at bia home; ( have born in hit store getting :<othes, about five or u years ago Bishop kept hia tuak acenunt wtth us. Mwln A Cranatoa posed ? I am brother of Hiram Oaaston. proprietor of I be New Ywrk UoUl, 1 waa U#re a* clerk n August last. Q. Do you remember baring mm Kmim, Oato and ItoAq fa iifoat hitl A. There in mm pemn a ef tboaa iwh ob our books. Q la there mt per too an voar book of the i?M of Johmoiit A. (Turning to the book,) Yes; there te a person whose mm la inserted on tb? 34th of August, 1164; the entry ie? "William John eon, La.;" be gave hie room (according to register) No. 114. I cant say whether I could recollect that parson If 1 should sea bin; he left, by our books, en the 31st ef August, attar breakfast, at six o'clock, by the Albany ears. To Mr. Boateed? None of the entries in the book are in my hand writing. , , John a Desdoity, formerly cashier of the Chemical Bank, deposed? I was at the Chemical Bank when Buh. op was intveuueed; I see him now, (alluding to the pri soner fltnAer) ; on the 29tn of August, 1854, Mr Water honae called with Mr. James JJiahop, stating that Biab op wished to open an account; I too* his signature, gasw him a book, and opened an account; he made that signature, (producing the bank book and pointing it out) ; 1 gave him a pass book and he made a deposit of $2,000 on that day, in notes on the American Exchange Bank: on the 80th of August he called again and depaitod two checks amounting to 918 18, one the check of John Thompson for $1,200, and the other the check of Very 4 Gwynn for >6,000, (exhibits 1 and 2) ; at the same time he deposited acceptances, (exhibits 13 and 14); he drew a check on the Chemical Bank for <14,870 on the 30th of August; that was paid to him by the paying teller, Mr. Partons; tho checks of Ihompson and Very & Gwynn went through the regular exchanges, and the following ("ay they were returned as forgeries; I never tew Bishop after that day ; Mr. Morton (witness examined in this case) was st the bank a few days after the forgeries were discovered; in consequence of a conversation witti him the psrties were arrested; on tha morning of the 30th August, Bishop drew $1,960 before he drew tba $14,870; the check now shown to me (marked No. 17) is the one need by Bishop; the filling np is by me. Crone examined by Mr. Busteed ? I know what I have detailed fiorn the books alone; the books are not in my handwriting. Mr. Buateed here anked that the evidence of this wit ness be stricken out on the ground that hs did not testi fy ot bin own personal knowledge, and the books were in the handwriting of another. The Judge said he would instruct the jury, that an far as the evidence wan hearsay, It should not be received, unless corroborated. To Mr. Burteed? 1 did not see Bishop draw the amount, but he told me of it himself. Robert H. Burdell, of the firm of R. H. Burdell h Co., in the western produce commission business, deposed ? 1 know the firm of lavid White ft Co., of Madlion, India na; I am acquainted with their hand writing; 1 don't know^?berley, Maxy A Co., of Louisville; I think the firm 1 knew was K. Webb, Maxy & Co. ; we have been in the western business about ten years; I don't know the firm of Eli Wood; I know Kissane, the prisoner; I know Find ley, one of the parties to this indictment; the letter of introduction now shown to me is a good imitation of the letters we have received from White, Cunningham k Co. ; that letter was brought to me by a man representing himtell' as Bikhop, of Kentucky; I kept it ten or fifteen days in my possession, and then gave it to the Caief of Police ; 1 received that letter just before the fraud was cemmitted on the Chemical Bank. Cross-examined by Mr. Busteed? I was in Madison, In diana, about three vears ago; the firm of White, Cun ningham A Co have changed their name yet again within a year, some of the partners still reclde 'in Madison; up to this winter we havo been In correspondence with their successors in business. Jacob C. Parsons, paying teller or the Chemical Bank, deposed? lam acquainted with Andrew Findley , otherwise called James Bishop; I first saw Mm at the Chemical Bank, on the 29th August. 1864; he was brought there by Mr. Waterbouse, who iook^iim to the cashier's desk for the purpose o*? opening a new accoust; after the cashier had taken the signature of Bishop he brought the book to me ; Mr. Bishop made his deposit to the receiving teller; 1 did not see the bills so as to distinguish one from the other; the next morning, about ten o'clock. I saw Bbhop enter the Bank, go to the desk wbeie the checks are kept, and I saw him writing there; he came to me with a check, and 1 referred to the book to compare bis signature; the check was for $1,960; I paid him tfce money; he th*n left the bank; 1 am not positive about seeing bim come in that afternoon, but I saw him on that day go to the cashier's dexk about twenty minutes before three; after seems the cashier, he came to my desk, saying, " Well, Mr. Teller, your city has knocked me up;" I re plied, " Why so he said, " I have been used to travelling on soft ground, and when 1 get on to bard pavement they use my feet up;" he then handed me a check; I aaked him bow he would have it; it was for (14,870, filled up by the cashier and signed by him self; tlie piper now shown to me (exhibit 17) is the one; be vaid he would take the gross mm in large b Us. nnd the $N70 in tmali hills, lor travelling expenaes; 1 pa'n bim $14,04 0 in $&00 hills on the Chemical Bank; the >870 were paid in fitties, twenties and tens of our own money; he took the money, and I don't know whether he staid long enough to count it, but he left the bank very s< on; I went afterwards to the receiving teller's drawer, picked out the check of John Tnompson (or $12,000, and lookel at it; 1 don't think I looked at the check of Very A Gwynn at that time; I heard nothing further ot the matter t il a^out the same hour the next day, ulien a man ''tine in and handed m? tte check of John Ihompson for $12,000; I took the check, walked bad with it to the cashier's desk, and showed it him, telling him It was returned as a lorgeiy; I gave a draft, chargu g our hank with the same amount In favor of the American Exchange Rank; 1 then went with a police officer in search of Mr. Binliop; we stopped at the I'res cott Home and several other pla .es, but could not find him; Mr. Morton, a Witness examined In this care, call ed at the bank a day or two after the matter bad been made public in the papers; 1 went with Morton to the Office of the Chief ol l'olice; the Very A (iwynn check was returned three davs after, we a' forwards obtained pot pesnion of thirteen $600 b lis on the Chemical Rant, at the city of Buffalo, fioni officer Thuddeus Pientice, of that place; they were given to me on the 17th of Febru ary; at that time I had not teen Xisaane; 1 am not cer tain whether 1 saw him before that occurrence or after wards; 1 eaw Kiaaane at the jail ef Buffalo, either the day or the day after 1 obtained the bills; I ctn not swear whether they were a part of the same Mils I pnid on the check to Bishop ; 1 could not identify any one of these bills ; but some of them, 1 think, corresponded to the numbers of the bills 1 paid out; aftsr paying the check in question, I had pome more $?00 bills in my drawer; I knew what the amount of these hills In eircu lat'on was, and thus I could judge somewhere in the teighborhcod of the missing bills; I should judge that the numbers ran from 120 to 146; before I recovered poaeeation opjhe bills I bad made this calculatlan; the che k now shown to me (Exhibit 18) is the check drawn by Bishop for $1,1*60, paid on the morning of the 3d of Augi st; when I got the bills from the offlcer I marked each bill, gave him a receipt, and took his receipt for $060, being ten per cent on the money ? the reward offered by the bank; I returned to the city in company with officer Hogan and Kissane; previous to seeing K Is pane at Buffalo, I saw $4 000, in $600 bill*, on tbe Che mical Bank, which were handed tome by the President, Mr. Jones, who told me to take charge of them; I be lieve I marked them; the Brat time I saw Kissane was at Buffalo. Q Did you ever have any conversation with Kissan*? A. Yes, at tbe Tenths, and in the cars , 1 have te?n Kia eace write on the back of a draft for $50, drawn on Adams A Co., of thif city, by some party of San Free cisco; I have aleo seen a letter written by him, whhh he showed me; (the thirteen $500 bills were here pro duced by the witness ;) those are the bills which I ob tained from the officer; they are all merked by me, "William Kissate, Buffalo;" the numbers are 90, 103, 108, 114, 116. 120,124, 125, 127, 140, 141, 142, 144; on the eight $5o0 bills which I obtained from tbe president of the bank, I marked the wonls "From Findley;" the numbers of the?o are 69, 72, 89, 98, 100, 101, 117, 131. <J. When did Kissane show you the letter he had written? Objected to. Mr. Whiting wished to find out how far the witntss knew tbe handwriting of Kissane Mr. Bnsteed thought the following qnesMon more proper:? Have you a knowledge of Mr. Kissane's [re writing- A. I think I know its atyle. The Judge said tbe paper should be put into the wit nees'i hand, and that he should be aeked whether it was In the handwriting of tbe paper Mr. Whiting ham'.ed to witness the letter of introdsc tion from lHmd White A Co. Witness? I cannot state whether it is in the hand wn ting of Klst-ane or not. Q. Look at letter No. lfl, and say whether you can re cognize that band writing- A. I cannot. Croea examined by Mr. Husteed? I have been first teller of the Chemical Bank for five yars; an account la kept in the bank of tbe numhera of a'l the bills issu?d; every bill issued has a number; It is the dnty of the Superin tendent of the I tanking Department at Albany to num ber them; the bille come to us in aheeti, num'tered, and when handed to me they are entered according to the increased amount of circulation, in regular order- after they are signed by the President and Cashier, they are cut un an I brought to me, and I enter them. Q. On the 29th of August, 1854, how many $500 bills of the Chemical Bank were tn circulation T A. To the beet of my belief there was to the extent of $i0, 000 in circulation of these bills Q About bow many $600 bills were In your drawer? A. I cannot tell. y. (an you say how many you nsually place in your draw? A. That depends on the number in demand; there is no distinguishable difference in the bills, excipt iug dates and the numbers. John l ynch being sworn, deposed? I lire in Raffale: t know the prisoner, Wm. Kisaane, and have known lim about seventeen months. I lived in Buffalo in September last; I saw Kissane there in September or October he was at my bouie; 1 saw him about a couple of month* rrevlous to then, at the lsnd-ng pUce ia Buffalo, when saw him in October or September, he came' to my house at 8 or 9 o'clock at night; I 'don't reoolleot any thing peculiar about hi* person, h* said he bad been travelling, and wiabed me to take h.miato the country; he said he had got off the cart when in the custody of a constable, and wanted to go where he would not be de tected; It was about the time that the trial of tbe Mar tha Washington wa< again commencing in Arkansas; I was ander the imprea. Ion that he wanted to get away from his prosecutors In that case I got a horse and bug gy and took bim about 10 miles rrom Buffalo, to Mr. Sparrow 'a house; be then gave me a letter to take to his brother, ReuVen Kitaane, in Cincinnati; I first went out to Mr. Bpnnww'e alone, and came back for Klaeane; tbe reason whj I went out alone was, that I i a ten ruled to overtake Kissane, who left before me ; I did not overtake him, and. not finding him at Sparrow's, I came balk and returned with him the same night; when we arrived there Klseane went Into a room, wrote a letter, and di rected it to " Reuben''; I did nit knew what the letter was about; be told me to take it to his brother at On cinnati. and he would wait at farrow's till I came bask; Sparrow's house etanda alone J left Buffalo and started for Cincinnati the nest lay; on arriving at tha latter place I saw Kissane 'a brother, and gave bim the letter. What did tbe brother do" Objected to, and the objection maintained. Witness? I returned to Kissane at sparrow's, and brought an answer back to the letter, the laat I saw of Kissane tn Buffalo was on the 1st of ftectmber; tbo mss eage brought back to Kiasaae from hie brother waa in writing y. who paid your expensee there ant back' Objected to, en the gnuad of its being immaterial. Thr Jodjtf? With what de yjn pjrp. se to fellow th e I t>| i The District AtteM}-l would ntkir Ml itol*, u4 will wave the question for tke preeeat. 4 Won to* tartNptr on board the Martha Washing ton? A. 1 vu, d Wkere iU 70a 4nt bMtm acquainted with Kle saoef A. I first became acq minted with him at the trial sbout the Martha Washington, at Columbus. Q. Did Kiaaane ever give 70a anything to keep for him? A. Ha did. Q. What wm ltt A. A small rial of magnesia. Q. Did you ever see that battle opened V A. Yea. <J. What waa in it? A. There were thirteen 1600 billa on the Chemical Bank in it; the bottle waa opened bj K.Mtane M&aelf; I broaght ft from Cincinnati and gave it to him ; he kept the bllla; the vial waa opened at my bou?e m Buffalo, the bllla were rolled together and put into tht bottle; he took them oat without breaking the bottle; it waa laid carelessly on the bedroom table, aad remained there until KUaane took it awaj. Q. Had KUaane been to yomr houae before he escaped from the oflcer? Queation waived. Witness? When 1 returned from Cincinnati I went t? Sparrow's, and there I saw Kiwiane ; I took the bottle in question out there, and gave it to him; I next saw him two or three weeks after, when 1 went out again to Sparrow's; 1 think I next saw him in Buffalo; be staid with me about aa hour; a few weeks after, he came Into my home again; I saw him altogether three or four times at my Douse. By the Judge ? Q Wheu were the bills taken out of ike bottle f A. The bills were taken out at my house; wlen I lirst brought the bottle to Kissane, at Sparrow's, be told me to bring it back to Buffalo, which 1 did. Witness- The bottle waa a small equare vial; It bore a printed label marked " Magneria"; it waa sealed up; there waa a white powder in the bottle besides the money; KUeane took the bottle and money with him, and 1 never saw the bottle or money afterwards. Q. Did Kiasace assign any reason for hts escape ? A. He told me that there was a torgery committed la New York ? that they wanted to make out he had ilone It, but be bad no band in it; he told me this near Spar row'* house, on one occasion when I went out there to eee Mm. Q. I>id be Fpeak of any particular forgery ? A. Yes, he r poke of the forgery on the Chemical Dank: he said that if be came down to New York Mr. Findlev would have sworn against him, in order to get clear of it him self. Q Did he tell you about ti ls forgery before he took the btlla out of the bot le, or afterwards? A. Before. y. What did he say when he took the billa oot of the bottleV A. He said that as soon as he got away, he would send my wife a present; 1 remarked that if those bllla belonged to the Chemical Bank, he had better send them down to New "V ork, and get clear of the scrape: he ant we red "that it would be all folly;" I brought <300 in small billa from Cincinnati to Kiaaane; a couple of them were fifties on the Chemical bank; there were also some $1? bills; 1 got the two <60 billa cbaaged into gold. Q. By the Judge. ? Why did you get the bills changed Into cold? A. At Kiseane's request 1 did so. Q. Did any one go with you to Cincinnati? A. My wile went with me; I took charge of the packages- I supposed tlie bottle contained poison; I directed it to be taken care of, nod it remained in the table drawer until Kiaaane took it away. Further examination of thia witness was here post poned, and the Court adjourned for the day. The Alleged Filibustering Kxpedltlon of the Steamer thmchDMlto. CMTKD STATU DISTRICT COURT. Before Hon.' Judge 11*11. March 13.? The United States vt. The Steamer Ma.ita chutttu. ? The examination of the witness Sampson was continued. He said that only one of the old boiler* had been mended ; the whole four of them seemed to have been brought on board at the same time; the new boilers were double the size of the old onee; at sea, meat is generally ecoked in the boiler*; never saw meat boiled in such boilers as those large ones in the Massachusetts ! one of them would cook fifty pounds of meat; I don't know whether it was anticipated that the old boilers would not be used after leaving port; three of the boilers were in good condition; the fourth was repaired; all were cleaned up and fit for use; they were sufficient to prepare food for the crew I saw there. Q. What was the conversation in board the Massachu setts, previous to hei seizure, respecting her destina tion t (Objected to, and waived for the present ) Alt lander Hitchcock, examined by the District At torney, deposed that he is of the tinn of Hitchcock & Burroughs, guismitbs, Broadway; Mr. Burroughs is, I believe, in New Orleans, on his way to Mexico; he left New York a we<k ago last Monday night; the names of our clerks are Roberts, Henckes, anil others; 1 don't rt collect their nsmes; we have lour: I don't know or one named Vsn Names; Hutchinson is one; you have subpanaed bim; I gave you the nanus of those you have not subptmaed; Henckes attends to the outside de psrlment; Roberts attends to the rales, and Hutchinson attends to the books; sometimes Roberts att-nds to the boot ? ; Hutchinson does not often attend to tho sales we deal in cannon; we are agents for various cannon factories , we are sgents for a good many among others for Alger's in Boston, and Ames' in Sprngfield' we are not agents, but merely purchase from tho?e firms' we purchase from thirty or forty hsuies; we bought thirty or forty thousand muskets within the last two or three years; 1 have bought Law's muskets otten; purchased >oine fiom law himself, within the last three o? four months; I bought them tor myself, on my own account Vj ? Do you know a gentleman named Lovell? Mr. Lovell, counsel for defence objected. Admitted Witness- 1 do not know Mr. Lovell in a bur mens point rf view; 1 have seen a Mr. Lovell in my store; he was the Lovell in the army he was attached, I presume, to the l nited states army: at the time of my acquaint ance he was in the United Sta'es army; I know or no otberarmy Le cenld be in; I do not kuow that he has >eltit;l in ink I have seen him within six months I X*? .1 ? TD hlm twioe> or more than that within that time; 1 saw him in my store; Idoa't know that he fame with any one in'o my store; there might have been aimy officers with Lim; I have known Mr. Oak ? v 'or ,hrt* 01 iour I knew the Massachusetts when she was on the Sound; 1 don't know that she was purchased; I have heard that she was purchased within the last few months; I did not pay the checks for her I had nothing to do with tbe payment or her. Q i)i<l you give not (rive your checks for the purpose of payini for Ee,r A. 1 did not give such a check ; Sit waadon.' it was by my partner altogether. Q Do you knew of any notes signed Hitchcock & Co. which went for the purcliafe of the Massacbutstts? A. I cannot tell o Didjou give any notes vhich you had reason to be lieve went to the purchase of the Massachusetts? Mr. Lovell again objected. The witness, he said, could only be aaled as to his own knowledge. The District Attorney ? Have you not given your note roT $]?'000 to Mr. Oak smith)' A. We have had trans actions with him: we gave him a note for 926,000. Q. Bn. did you not give a particular note for *iu,(KKr< a 1 cannot telL Q. But aid you not give him your note to pay for the Massachusetts? A. I cannot teU; we have a great deal ol business, and it is hard to remember. Q. ? an you not tell whether you gave him any notes to pay for tee Massachusetts? A. 1 think not Q. Then I un derstand ttatyou have not, either d:rectly or lndire:tlv had anything to do with the purchase of the Massachu setts? A. Not directly. y. Nor indirectly? A. That is another part of the story. Q Well, I want you to an iw?r it? A. I cannot mlj. Q Wbat can you mly? A I Vr'A Q Can y?u ?w?ar anything 'V ft- ' d,'n.t *no? enough about it to swear SJSm. k-Q; ^ 0 ,ou kBOW abont ll? A 1 ?"?<>* nothing about it; my memory is treacherous, and I can not undettake to swear about It; I have employed Mr. Osktmith to purchase vessels for me lots of timss. i. T m*ny Wis did you employ hln to pur chase for you durisg the past year- A. That li a business transaction between him and me, and I cannot ten. y. Do you know anything or your own business/ A. I pretend to. Q. Do you know tbe name of any one vessel you employed him to purchase during the last year? a. Yes? the White Squall. Q Do you know the name of any other vessel? A. Not now. y. Have you *{ th* purcliassdr A. think not. y. why do you not have such a list? Mr. Lovell objected. The Couit ruled that the exami ? nation on these points was not improper. Witness continued? I keep a list of the vessels we purchase: I keep a book for ray own vessels; we well someor them again: I cannot name the vessels we pur t boa*ht th* Reverie, the Townsend Jones, and the White Hquall; I ha-e never had an, mterest in th. Massachusetts; I could not tell whether my notes were given in payment for her; I don't know of it; I could not say whether my money went lor !"r *?eepeetive of our notes; we never paid for her; 1 could not say that the mony was left ? lh.U* )? ,W h'r P*rtU' m,?ht Jone so or might not; I decline answering further on thst; I don t u VUbt?,; I (,on'* know but I do know some >;sniard* in New York; I cannot give the resi dence or any or them; I might have gone to th* resi dence of some or them. 1 went te th* house of Captsio J.roueean of Mexico, who lived in Walker street within tbe lest year, he is a Mexican I don't know of bavin* gone to the houses of any Spaniards in New York 1 saw nobody with the Captain when I visited him,' I lUft* v* i #v 'Wtleool ; he is in command of a tow. n wi. 1* brother of mine; I know Captain <Joodrl;h. Q Where have you met him' A. I ?ay have met him * or in street, somewhere y. How often within the month of December was h* in your store? A. I could not teU you whether ee was in Miereon^e or (Iffy times; I dont know that he was there at all Q. Was he t bete before that? A. He migbit have been. Q. What IVn V ''"rV A- "? I 'ad no business with me at all. Q. With whom had b* business In yeur store* A I don't knw iad?ed I could not tell. y Had he business w.th any on* in yeur store? A. I think not. Q. For what purpose did he go there. A I do not know. (J Had he any conversations with your partner' A. Hs might have bad. Q. Tid you see them conversing together* A eould lot say; I presume I did; those are "hmus wbl'?h occur se often Q. Now about the cannon, what sirsl cannon dM you seU ? A We have sold rrom sixty four ponnders to three founder*. Q And muskets? A. We hsve kits or tbem, or dllfersnt kind*. Q Hare you pistols ? A. Jree, ?lr. Q. And (1 rearms and acooutr* ments? A. Yes, enough to kill any man. Q Do you furnish harness ? A. Yes, we tarnish tbe Mexisan go ""??nt now with a number of thousand dollar* woith thirty thousand dollars worth probably. Q. D> you furnUh tents* A. Yse, anything. Q. Do you furnish teni poles? A. Yes, polss too; we send some to the Western States. Q. And saddles. A. Yes. Q. Have yon within the Isst three nontbs sold to any o*e, sad dles, holsters, tents and tent poles ? a. None. y. Have you not sold any ? A. No. Q. Do you know whether any one in jonr crncern has ! A. No y. Do you know Mr. Osksm th * A. Yes, sir. y. Did you ever sell him snything In tbe sbspe of these articles ? A. Yes, sir. y * hat have you sold to him? A I could not tell; we have seld a good many tb'ngs. y. What have yon sold to him' A. We have sold tents and tent poles snd mnskets. snd things or that kind. y. Wher* A j could not tell you. y. Within a jear? A. It? ink so y When were they delivered? A. That I could not tell I y Will your boose show it' A. I don't know, indeed Will they show it- A The goods m ght have he*u stored up y. Were they delivered' A. 1 could not tail y Will yeur books shew It? A. The clerks may have books that will show that. y. Which *f your clerks hsve charge of the bseks that will show that? A t drn't thtnk that th* hooks will show anything of that ? nd Q Why not? 4 Tbe foMi ue net charged t>i| I Mtand- Q. Would tho* iptw upon your book* if d?live?edT A. 1 think it likoiy/ Q. Would tho books ?how that tkm Imti bm told tMti ud Mat pchi within a year to him? A. Probably, u4 muskets too. Q. Have yon told him tcmU and tent poles, and mnskots? A. I think it ii llaely? Q. And the book* will ahow that? A. I think they will. Q. And harness also? A. h 1* likely, bat I don't know: I ant not posted up in that tort of thine; if wo got the orders and tho money for thorn, that li nil wo wftnt or cftio about. Q. Have you boon paid by him? A. I presume wo have. Q. How much has been paid? A. 1 could not toll yon; It might bo At* thousand, and it may bo twenty- I can't uU; I don't know. Q. Who doei inow in tho Arm of Hitchcock k Company V A. I don't know who knows. Q. Raa ho paid you ? A. I presume ho haa. Q. Are you certain he haa paid you ? A. I will nay he haa; I don't know; there may be a balance in hit favor, and there may bo a balance against him. 0- Did he pay you in eash or in noteo? A. I dont know; be may have paid ua in both. Q. In both ? A. I think to. Q. Where were these foods stored? I mean the tausketa v Mr. Lovell objected. There had oerUinly boon no muaketa found on board their vosael; therefore this queation waa irrelevant. The Court ? If the evidence ia to ahow, or ean lead to the ehowing. that the muskets were purchased for the porpoae of being put on board, that point will be im portant in the end. Witness ? I could not tell you. District Attorney? Do you know of anything elao A. 1 be tents. Q. Where were the tenia ? You could rot keep them In your store in Broadway. A. We had them atored in other place*; we had some in Pine atreet. Q. IhetfLtsi' A. Ye*; we have had tenta in Hine atreet. Q. 1 he tenta that were delivered to Mr. Oak smith, whore were tbey p to red at? A. I could not tell you; I don't know. Q. Where did the aaddlea and the holsters come frcm that were delivered to Mr. Oak smith ? A. I aup ?9*e they came from the manufactory. Q. Where? A. > e have variona manufactories. Q. But I mean the Uat lot that went to Mr. Oatsmith? A. Tbey may have come from Troy ; we have bad aaddlea made at Troy, and aaddlea made also at other places. Q. Where were the muaketa atored ? A. Mr. Oakamith knowa wheie they were. Q. But cannot you tell me ? A I ahould aaj they were shipped. Q. Shipped for where? No re ply audible. Q. Were they ahipped for New Orleans ? A. 1 presume that Mr. Oafcsmith will tell you that. Q. By the Court? Do you not know? A. No, I do not Q. Do you know in what vessel they went? A. 1 do not know. Q. Did you take'a receipt for thoae gooJa ? A I think we might have taken a receipt for the muskets. Q. Who baa that receipt t A. 1 think I have the recslpt. Q. 1 wiah you would produce it? A. I will try to. Q. Did Mr. Oakamitb purchase any cannon of you ? A. lie might. Q. Did he? A. I think it ia likely. Q. What number of cannon did he purchaae ( A. I cunot tell. Q. What sized cannon were they ? A. Not very largo. Q. What was their calibre ? A. Tbey may have bran three Counters, they may have been four poun'era, they may ave been six pounders: I don't know. Q Were there any oftbem six pounders? A. 1 could not tell Q Wi'l your books show It ? A. I'erhapa so. Q. Were they ahipped also ? A. That 1 could not tell. Q. Do you know whether tbey were or not V A. I don't know anything about it. Q. To you know what aized vessel the musketa were ahipped in? A. They wero abipped I believe in Am ill vessels bound for l'ort an Prinae ; perhaps the receipt will show the destination of tbem. Q. When did they they go ? A. Four or live montha ago. ?three montha ago. Q. Can you give the nama of any one veseel? A I cannot. Q. Did any one leave fundi with you for the purchaae of theae artielea wo have been speaking ot ? A. They did not leavo the money. Q. Were any funds transmitted to you for that purpoae ? A I don't know. Q. Do you know how you were paid t A. We were paid by Mr. OakBmith. Q. Waa there no other mode of payment except through Mr. Oaksmlth? A. There might havo been? 1 could not toll. Q. Do you know of any other mode of paying for them? A. I could not say. Q. Have you any correspondent in New Or leans? A. Oh, yes; we have got several. Q Have you any in Mobile? A . One. Q, Have you any in Havana? A. No, I have none. Q. Who ia your correspondent in Mobile? A. Mr. Savage. Q Who ia your correspondent in New Orlesns? A. 1 don't recollect now; I cannot tell. Q. You fay you are the agent for purchasing can non? A. We have no agency; I said we were sgents for no particular firm; we have just got a lot from Rich mond, Va. Adjourned. M-arcii 14 ? Q. By District Attorney. Where are your bock, of account? A. At home. Q. WiU ,0.i produce tbem? A No, air. Q. Why not? A. On the ground that tbej may criminate me in other matters. The Court ruled that as the. wanes* knew whether they T? 2 'm ?r n0t;v.he wf""ot bo"n'1 ^ answer. The Distiict Attorney.? rhsn I have to let jou to l he witne*. was not cross-examined. Als*. W. llutctinson, examined by the District At I?.?*' - Q- ?l'?t i? y our occupation? A. Bookkeeper at Hitch. ock ami Co. s eiace January last; was before that atFilman k Co. 's; before that with Stov.nell, Broad, way; I am not a citizen of New York: I am five years here: I came from Scotland; I was in the capacity of bookkeeper aU the time I was with Mr. Hitchcock W Ufif Bnnouihs, th? P^tner; the clerks are my self, Hancks and Van Norilen; I was suhpn naed on Fri day morning- I don't know whether Han*. was sub P*naed;Mr . Burroughs left four days before I got a sub poena; the fiim deal in plated ware, cutlery, ammuni tion and sundry other articles. Q. l)o they fur nish wagons? A. We have orders for harness L L/K* kv0T."f 0^d*^, for wagon.; we deal ? * / holsters, Unts, tent poles ; I don't know theftumer Masmchu setts Q. Do you knowaoy thing of the entries in th.ee books? Objected to Wit nef ?- 1 made ?c me of the entries; Mr. Hitchcock mate M me and Mr Burroughs made soae, I made the entries in the ledger, I transacted the cash business, y. Was any money paid by i he Massachusetts? A. I decline to an . BecaufC It may criminate myself; of .K uD?W ?[ *Dy mon?y being left for the purchase rBlt.rf k ?t""^a,etlf.; 1 d0 ?ot know tfc* <ts*mt-r if i f,?,"^1 know Mr A- Oak smith. Q. Has lie pur chased articles there? A. 1 decline to answer ? H would criminate myself; 1 can't call to recollection any aTnr,?ZDu'th MKr- Hitchcock in re' ? Ma.sa:hueetta; I hare teen Capt. Goolrich st the stow; had ao conversation with him about the Mas sarhu sett* ; 1 can't recollect what the conversation tELL ?? direction. that 1 know for ar ia . tke klaseacbusetts ; we keep the tent poles ia different stores In the city; bad conversation* witli Mr Oaktmith in relation to plated wa/e, cutlery, guns I call teapots plated ware; (laughter,) we sold muskets r? ; D,'?r two c"D?o for the White Squall an<i the btorm F.lrd; I don 'Uncollect any thing else beinc sold i,'V'?Vbo" for th? wflte *?Kd Storm Bird; I do not iffiember tnat any art . I?? wars sold to Oaksiriith within the last three months. I djn't monTh. I "/ e?n*t[i?t W'lb him w1thl" lhe three tbei^aVoffW ii11* ??"option reepecting the island of Cuba; I know there ia such a place I have U* S? *ith <liff"*?t parsons about' Cuba. ^ *5' converaation with aay per<oa be to Cuba y of lh? M"?ch?etU, vfuTr.f.rence .b?bftcild ,t\ J1" Court ruW lhat lh* question transaction * th* ocnusoted with this . ?' ,H*T,e j0" h\d "7 coaveraation wtth regard to the article" for the Massachnsetts? A. Yes, with a Mr Roberts, with no one elre; I might have h?d some con venation with Mr. Burroughs, I cannot say if I ever 'poke tc Captain Goodrich about the Masaa'-husett' I v 0tbIr lb""? met there Z ^ Scotchmen, all doing bail ?V* J" Ntw Yfrk ; I ?erer aaktd Captain Goodrich where he waa going to; never heard that the Mataa<-hu fee t,"a" f,0,DK d*" tor St. Thomas's, the article, for the Massachusetts were soup tureens sdoobs forks, kc. , I do not know of anything else, .xcepfthose articTe. going on board the Massachusetts ; I don^t know of any mu.ket., or harness, or tents, or saddles being unt on board; I don't know of any saddles cominv V" ? , Troy that is Mr. Roberts "b.s^l. C?m'ng ??'' emsn at Hftcheock A Bur roughs? Knows thesteaner Massachusetts; saw her at Ua foot of Chariton street; I was aboard of her Wore tn?WV?"Jl!f*d' h*r "''h the Uble furnl tuie, I went on board by invitation; I know Mr. <uk thl White's '"VV .v PnrchM^ l*ble furniture for the White bqnail and other ahlps; I do not know Mr 1 never. aw him; 1 knoW nothing a W her I MT jp*k?mith has purchased muskets? a | vf.^Uhl .%purcb"*d th,m fOT almoet all 'h. utTfe. fi.. ?g ,0T' nev?r ,old htm ?*<l<il*s or har i fer the Massschusttts; I don t suppose the Maina ch^uett. belong, to him; the good, were always* I to the veeae U and owner.; I wa. not on bsar/the Mas s?chu?etU since the leisure I have no knowle<?ge of ? J". vi.ng "f1 00 ?h*"1 ?cept the forks and spoons, atd table and kitchen forniture; we did no'. thS ? i y ?ou r???u?ct anything eNe but | * innocent article. b?itg sent on board? A. I don't ? Dow n hat jou call innocebt articles, I kc.ow of no har n?ss or tents being sent on boar<l .he Massachu elts nor of any mddle. ;] d? not know If any were bought | o,,?!? * "??. 'or the Massachusetts W l assume they were sever in your store, but that i Ihey c.me down tlie rivir froni Troy, ard I want to know il ihey were paid for by the Massacbuietts ' A 1 i?" rrvc^ ''fleet any ecming down for the M^saarhu *T? ,1?I*r bkd eonver.ation with CaiKain Goodrich abont Cuba may have had conversations with tihlm Thk*i,'b*1 n"n'r^?ld him *0' hlY* "P"ken ts him about hardware. Q. Do yon know of an> mue I k?t? being sold to Mr. Oaktmith within the last thr-e month, and shipped on other vessel, than th se Tn? have named? A. No, .lr, I ha v. .old caonon to H? (il ' smith for the White f quail and ether ve?ael* ij Huated depowd-My oc:nPation l.'sippl.in, ahlp. with t rot on water, ateamers for domen'i" ?irt5 get the water lrom the Crotoa Company , I supply steam* f.or??D.I,ort/, 1 furnished tifa Ma^bu.m. with Croton water abont ten days befcra her latum t din't ? now who aakad ma to supply her I t^J dslmVa^nVt'thi ll"' ' bS" p"'d ,n ^rt' ' ? claim again?t the Massach'isett. I got $?? there I. I b due to me. Q How *uch water was put oa beardr ? ' toM me twenty .It thousand 1 *0?g.s ? x s m|Jaed'd I ^ 1 h*T? ?? knowledge tr^wlf. nsT.r ..lH ,r.f 7 n?T" ? reoelnt ia full, I m WM Dot P*id 1 ?ould expea thi. Johl ow tl S ' f Attorney; 1 gare my claim to John ii?tS?. u ; I never gave him any direction lo ' pafd th'<l m?lt*r lf ,h* *M not **amtned by Mr. Joachimsnen? I am a far- ! Amboy- I am also in the employ of HHcbcock A to, as outdoor agent; I doat know who tave t,apt (.oodrith the command of the Ma.sachu.eUi I wrote for Capt. Goodrich; Oaksmith told me the Mai 'achusetta wanted * cast in Q. For ?hat purpose did Captain Goodrich come dor n (Objacted to aod ruled out. ) A 1 think I iatrodnred Capt Goodrich to Oakamith ; I never was employed by Hitchcock k Co. to do any but. nets i with reppect to the Ma aachuaett., I sever was employ ed by Capt Goodrich or Mr Oaksmith to get any article, forth. ve.a.l, I donotkaos of any article, going on board tf the Maaaachai.tt., 1 do not know of any sad or "J**0" ?*"* n" br?rd of her, I waa on board of her la.t .umtuer; was not on board in Decern ber or January last, 1 i*on't know of any one etcent Capt. Goodr rh that waa to go in that veasel. q. Do jog know of any contract made by Mr. Oaksmith er some other psrson, with Hitchcoch * evT f?r i suantrty o? cannon, powder, eatlasses, aad munitions f .Wi 1 don,< kBOW Mr Marsdea. I was ik V!" Oaksmith'. oBce bnt 1 ?b?Ud ?ct know his tew if I met bfm aamettees inspect ad TMMta for Hltehcock k Co. wkan tbey were dealxawr et. purchasing thai; inspected tbe Reverie end Mother ; ik*; ukM me low Bach coal tkt loMt heldef the Masraebueette weald hold, and about tbe diapoiUan^>C ib? water to trim her; I have not bm en Murd her gince Uat summer. Cross-examined by Mr. Lovell ? I have kam Ostein Goodrich twenty ive years; have seen blm frequently - have net sailed on hum ship. bat have often mwii 1 each other on the same ship; I am in the way of knowing vesaela wanting officer* ; it ie the custom to let each other know of a vacancy; I presumed Goodrich wae out of employment ; Hiteiwoek 1 ft Co. did not deeire me to Mid fer Goodrich; 1 knew of the Massachusetts going to Philadelphia: don't know bow long abe ran to Philadelphia; abe bad lite preaervera on board, Found boaU are provided with the tame; know they have been, and arc now, ex ten - lively uaed; I know vessels have these life preservers: have been captain twenty year*; Capt. Goodrich told mi be waa going in the Massachusetts to New Or lean*, before the aeizure, Home three weeks before ; I had reason to suppose be wae going from there to Texas, in the cattle trade; the Maeaacbuaetta ia adapted to that furpoee; a Urge cargo of water would be required for thai buiaeaa; I know that water is frequently uael to ballast boat*, particularly stiemers; I bare commanded steamers; 1 told Capt. Gcodrlch the Massachuaetts would bum forty tona a day; never baaad him say how mueb he pat on board; i> teamen carry forges to mend machinery , boat? on the found would not be justified la going without them if going to sea; alao a grindatone la neceaayy. Direct examination reaumed.? Hare been to New Orleana; there ia fresh water there, a vessel going on cattle trade would take in water here for .oallaat: I had no Intereat in the voyage ; I told Capt. Goodrich that the Massachusetts would be a good boat for the cattle trade; 1 don't know that abe waa intended for that trade; I did not aee the Captaln'a letter; never heard of ?; havo teen on the coast of Florida, intide the reef: wae driven rn the reef in a gale of wind; beard of a steamer going inside? the Neptune; have Men at Key West, tefr j earn age; 1 know the coaat of Florida; I did not Intend to go in the Maaaachuaetts; my impression wis that the vessel waa to be aeld at New Orleana; did no; know whether abe waa going to Mobile; I did not bear that she waa going to a foreign port. ? i L Crone examination reaumed ?Steamer* t eneraHy take a large quantity of water; veaaela take Croton water here to make voyagea to Europe and back ; it la cus tomary to take Croton water here to last tbe voyage out and back. William Forden sworn ? I am connected with the Co' on water department; am aasiitant register; wo furnish all ste? mfcoata failing to porta ia the United. States, with the exception of sailing vesse'a; thr foreign veatels are supplied by Mr. Buested , application was made to the department for water by tbe Maasachu sett* ? the application waa made on the 18th January last, by Capt. Goodrich; he paid ten dollara to take in water irom Charlton street; that money baa been paid me. , ? Tbe witness waa not crosa exam ned. John R. Morrow, examined by the Pistrirt Attorney? Waa on board the klaasachusetta as third mate; Capt. Goodrich shipjed me; I received on board some wagon*., boxes snd other articles; they were there when tha captain came. . , .. To Mr. i-ovtll? The boxes were on the dock all night; tbey were not concealed; 1 am a married man, and sup port mj mother and alstera, I shipped for New Orleans, and had no Intention of going anywhere else; tbe cap tain had the privilege c f stopping at Mobile, i f he thought. UtTo the District Attorney? I did not eign any receipt* for tbeae gooda; tbere waa no receipt signed that I know of I did not know where they came from. __tonkwripht ("eposed? That he shipped aa chief ergineer of the Massachusetts ? (names the other engi neers:) don't know why we didn't get to sea after haul ing ofl, except that the t rew was not oomplete: It la not usual Tor atesmers to go Into the stream until tbey have shipped thsir crew; when we hauled oat It was high water: I shipped for New Crleana; I did not sign articles; 1 don't know how much water waa on board. To Mr. Lovell? 1 had no intention to go any where else but New Orleans. ? . Morrow recalled? Some of tbe engineers left? Mr. Rear don and four assistants: 1 think two of them came baek. y Do you know why they left / (Objected to.) Wit ness?There was no complaint against the machinery, and 1 did not hear why tbe engineers left. To Mr Lovell? The reason we hauled out at night was because we had high water. Michael Reardon, engineer, deposed that be waa shipped on board the M**oacbuaetta by a Mr. West in the ftrat place. and ia tbe second place bv Capt. Goodrich; I was on her when she ran between this and Philadelphia; 1 ahipped In the 1'arametto and left her; abe left about the beginning of January for St. Tlomaa; aho returned and is now In the East r.ver; I joined the Massachusetts od the tth January last; 1 waa to have port wages, about $100 a mt nth; I took the water on board, I dlted the boiler and from filteen to twenty caaka on deck; I did not 111) any caoke below; the man told me he would Bit the tasks, but he d d not. he aaid the Croton water pipes were frosten; 1 employed the assistant engineers; I think I received an advance tf $25 over and above what was owing to me? about $80 altogether; I came aahcre; the otber engineers came ashore also; they bad no oppor tunity of returning, (J. Why did you leive the Maaaa cbusettaf (Objected to.) a ^ The Court ssid be might say what he beard from the Captain or Oaki-mitb, or what he saw, thut induced h.m to leave the ship. . . ? , Witness ?1 beard nothing from the captain or Oak smith tbst Induced me to leave the vessel, nothing that I raw induced me to leave; I saw no musketa an board; 1 saw acme saddles, 1 think 1 saw some bags down be low; I do not know what was In them , I aaw aoaaa wa jrons. Q What facta induced you to leave? A. I don't know ol any. A. . Croca txam>ne<l ? 1 informed the captain that w? could aet CroU n water at a cheaper rate than we got it from the contractor ; that ia the reason we changed from the c< ntractor to the Croton Water Department; the coal on board was bituminous cotl; It ia aboat one third more bulky than the anthracite coal , she had about 85 tons of anthracite coal and took In 375 tons of the other. Q. Wsa there more coal than would be required to no to New Orleanatr A. No, air, not by 35 tona; I adviaed 300 tona of bitumlnoua coal and 275 tons only wete put In, no prudent man would go that voyage with less; I shipped for New Orleans, and had no inten tion of going anywhere elae; I should think it would be in my power as chief engineer to prevent the vessel going on an unlawful enterprite If I discovered it after we cleared ; it ia my duty to select tbe englneera, and could discharge any of them 11 I saw fit; it is customary for atesmers to carry a forge to mend her engines, and I think ia is necessary; a grindatone la abao'utely neees sary Q. iJo you recollect saying that you were a aaso of family, and could not aflord to go on a filibustering expedition 1 (Objected to ) Witness? I have mo recol lection of saying so; I went hack to the vesael, and waa to pet $12f> a month from New York to New Orleana; the first voyage waa to New Orlesns by Mobile coastwise, aad for six months, unless discharged by mutual consent. Tbe District Attorney said he had a procltaaaMea of tbe President which he propoeed to read, and also the proclamation of the Captain General of Cuba. Mr 1 ovtU objected, unless tbey related to tbe Massa chusetts. Tbe Court considered that tbe proclamation of tbe Presid. nt waa admissible, but reserved tbe question. Bernardo Gallonn, a native of Cuba, now a readout of New Yora? I go snd come, my family are in New Yor*; left Cuba la>t oft tbe 7th September; all my property ia in (uba: 1 did not leave Cuba in consequence ol politi cal troublea ; 1 am pretty much acquainted with all of tbe Cn hana who are in this city, 1 knew Mr. Lovell (counsel); I do not know Mr. Oaksaalth , I know Mr. l?vell's brother; f have money deposited in say band a which don't belong to me, it waa deposited by a Cuban; they draw on me for it I am acting aa temporary at torney and commies ion merchant for one man; 1 lead no money to the Cubans; I have no fund except that be longing to tbe ore peisen . hla name ia Angereca. To Mr. lovell? I have known you (Mr. Levell) Tour year*: you bsve been my counsel ainse I waa firat In troduced to you. CJ. Have you aver had any Business with me except your own private business v A. No. Q. Have yon anything to do with the Cabana here with regard tc Cuba t A. No air , 1 would not dare to do so; it ia oot likely when all ti.e property I have la tn Cuba; I naver waa oonnected with any political move ment with regard to Cuba; 1 am not on intimate term* with any of the Cubans h- re. The District Attorney said this finished the ease for the | resent, except the reading of the proelaaaat on. A citcussion arose on the admissibility of the prosla matiens. " ... Tbe Court had no doubt of the admissibility of tbe proclamation of tie Preeident. but that of tbe govern ment of Cuba be would not admit. John J. Fowler, called by tbe fMatri-t Attorney, but proved nothing. A 'join ned to Thuraday morning. March 16.? Thia morniug tho e?se for the defence was Cf mmeuced. Witnesaes were produced to prove that the cargo of the Massachusetts wss su^h aa is generally ?hipjed for a voyage of the kind , that it Is not usual for ve>?els msking ready for a voyage to get out into the stresm during bigb tide. Mr. Oasiir.'.tb gave teatimony to tbe effect 'bat he was the owner cf the cargo, but that be had irt paid any m?my tor the vessel itself. He, however, like Mr. 1 Hit hcock, refused to produce bis books, rbe csae was I submitted to the Court, and decision la reserved. | Thfdrtl and EihlblUnm. Aoi'THt or Mr*ir.? Thi**vfBlag Doalaatti't #n* op*r* of "Lncrrzia Borgia" will b* ytt formed. Mai*. Staff* ton*, who hn i?c?ntly arritrd foom M*?ieo ?n>l llaraua, will i'DK lb* rOl* of l.uereiia. A* '.hi* die:iagni<h*d ar tiata ha* not appeared in thin city for a?ma tin*, w* pro ?am* nil* will t.* greeted by a tro ?i!ed and eatbaaiaatie audkar* Tfc* n*w tenor, Sig.Vrignoli, the contralto, P*b*. VraHali, and the gr?at favorite baritoaa, flig. II* - OUIt, will auataln th* otter leading part* ia the eaat. Pm.At wjt Th*atx* ? Mine f.lnia* Bridge* wUT take har tacrflt thia *T*Birg, which i? tb* la*t but oa* of h*i irearnt ?Dr?(t?mont. Kb* will appear on thieov^aaion a* Margaiet Klmor*, in th* popular play af "!???'* Maori s'* " Mr Conway will ablv support b*r a* Matthew B it or*, and tb* otb*r cbaract?r? ar* judioeualy rail Tba I farurit* far ra of "A lady and (ien'ieman ia a P?rnliarly Perplexlrg I r*dloanr.*nt, " i* th* afterpiete. B?>wi?t Tkiutiik. ? Tb* American dramatiat. Mr. J. E. | PuriTace, will bare a r<implim?n'.?ry benefit thi* *T? | ring Tfcrae rery good piecra will b* play*d, Via.: ? "Othello," tb* mira of th* "Wreck Aabor*," aad the farre *f "Yonr I Ift-'a la !>*ng*r.'' Mr. ao<) Mr*. K S (onntrwiil enoet tb* jrnc.fiai ei arartera ia tba flrwt pi<e*. and Mr. Durivage play th* part of J' may Ptarlin*, in tb* *M(ind. Brno*'* Thratii* ? Th* two gra*t fatorit* p.*e?* or tb* "St tinna Family" and ' loo<ll??, ' Bartaa ia bia two *r?at rharartrra. will b* girna tbia * renter . Mr*. Bar tor 'a annual b*n*flt will com* off on Monday txaiag Mlt. Wa ti >' K'a Thtath* ?Sheridan* gr?at aamwty *f th? "Pthool for Scandal" will be gi*?n tfc.- areata*? Mr Blake a* Sir Peter Teaile, !?Ur a* ( tarlM Sorfafl*. I yott a* Joaeph Surface. anl Mr* Hoey a* l*4f teaale. ?' My Hlrter Rata" will al*o b* played. Tba praoaeda ar* for tb* b*n*tt of Mr*. Hoer. Tbi? lady t* d*?ar*adly a ? try murh admired actrea*, and w* hop* har friend* k will gir* h?r a aubatantial proof of ih?ir **t mat. on y. b*r talent* a* an aetreaa. & AHUir^n M Mm ? Th* rery amuaieg [>??? of "Tha. W *atbar?a?k. ' ' aad tb* 1* lghabl* fare* ? tf?e Bolt ia