Selah Cowell was the first witness called, and being examined by Mr. Dwight, deposed: I reside at Islip, Long Island; I know the sloop E. A. Johnson; I built her myself; I am an American citizen; I owned one half of her, and Captain George H. Burr owned the other half; he was an American citizen; I saw the prisoner at the bar on board the sloop E. A. Johnson, on the Wednesday evening before she left; she was at the Spring street dock; she had been lying there a week; she cleared on Thursday, 15th; Captain Burr told me he was going to Deep Creek, Virginia, for oysters; the crew consisted of Captain Burr, Oliver Watts, and Smith Watts, and the prisoner; Captain Burr told me he shipped the prisoner as mate; Captain Burr was about thirty-nine years of age, Oliver Watts was about twenty-four, and Smith Watts about nineteen; I knew Captain Burr for a long time; the color of his hair was dark; Oliver Watts had very light hair, and Smith Watts had dark brown hair; I don’t know the handwriting of the boys (Watts); I have seen considerable of Captain Burr’s writing; I saw the E. A. Johnson at the Battery when she was brought in by the harbor police; I saw the yawl boat of the Johnson with the harbor police; she had that yawl boat before she left; I took the Johnson to Islip; on examining the Johnson I found a valise—a square, black, canvas valise—and some clothes; I brought them here (identifies the valise); found the things now in it, and a knife in it; saw the prisoner in the sloop the night before she sailed; saw him next in court before the Commissioner.
Mr. Dwight to the Court—The examination before the Commissioner took place on the 28th and 29th of March.
Cross-examined by Mr. Graves—I had no conversation with the prisoner when I saw him on board the sloop on the Wednesday; I never saw Captain Burr since; Oliver Watts was a large man; he would weigh about 170 pounds; Smith Watts would weigh, perhaps, 180 pounds; he was very large for his age; Captain Burr was a small man; probably did not weigh more than 125 or 130 pounds; it was after the examination before the Commissioner—some four or five days—that I found the valise on board; I gave it to Henry Seaman; I took the sloop over to Hoboken, lay there a couple of days, and then took her to Islip; the Watts boys were on board the sloop the Wednesday evening before she sailed.
Re-direct.—I have seen Captain Burr write; I had business transactions with him for the last nine years; when the defendant was on board on Wednesday evening he was dressed with a blue shirt and overalls, like those I found in the vessel; I was on board about half an hour; I took supper there; the prisoner was at supper also; he sat at the table with us (shipping articles produced); I recognize the names, etc., here, to be in Captain Burr’s handwriting.
John A. Boyle deposed—I am enrollment and license clerk in the Custom House (produces a book); the E. A. Johnson was enrolled on 3d of December, 1858, as an American vessel (objected to by prisoner’s counsel; admitted; exception taken.)
Daniel Simmons deposed—I reside at Keyport, New Jersey; I am in the oyster business; I know the sloop Edwin A. Johnson; I had her chartered last spring from this port to Virginia for oysters; the last time I chartered her was on the 14th of March; I knew Capt. Burr for two years; I sailed once with him; I think she left here last on Thursday morning the 15th of March; I settled with Capt. Burr for his charter on Wednesday afternoon, 14th March; I gave him $200 in silver coin, quarters, halves, and ten and five cent pieces; I gave him other money.
Mr. Graves objected to any proof of the payment of coin to the captain, on the ground that the indictment did not warrant the allegation.
The Court was of opinion that the objection was not well founded, and overruled it.
Examination continued.—I paid him the balance of his charter money in gold; two tens, two fives, a two and a half, one dollar in gold and a half dollar; I gave it to him in a shot bag; it belonged to Capt. Burr, but I had it in my safe, with the money in it, for some days before; I did not know where the captain used to keep his money; there was a secret drawer in the sloop where I kept money when I sailed with him; I do not know that Capt. Burr ever kept his money there; I have seen that bag since, when it was taken out of the prisoner’s pocket at the Second precinct station-house; I saw it taken out of his pocket; there was nothing in the bag then; there were two bags—I only knew one of them; I saw the prisoner on board the sloop Edwin A. Johnson on the Wednesday before she sailed, at the foot of Spring street—(bag produced); to the best of my knowledge, this is the same bag that I gave the captain the two hundred dollars in; I saw the prisoner on board in the forenoon of Wednesday, and again in the evening; I think he had a monkey jacket on; I saw the prisoner again, I think, at Keyport, on board the sloop; I was about thirty yards from him; it was between daylight and dark; I could not swear positively to him being on board at Keyport; the next time I saw the prisoner was at the Second precinct station-house, when he was brought back from Providence; it was on a Saturday; I had some conversation with him; I asked him if he had ever seen me before; he said he had not; this was in the back room of the station-house; Captain Weed asked him if he knew me, and he said he did not; I told him I saw him on board the Edwin A. Johnson, at Spring street dock; he said he never was there, and did not know there was such a vessel; I asked him if he knew Capt. Burr; he said he did not; that he never saw him and never was on board the vessel; when I saw the prisoner on board the sloop his whiskers were red and full; when I saw him after, his whiskers were darker.
Cross-examined.—When I hailed the vessel at Keyport, I asked them where the captain was; and I think the prisoner is the man that answered me, but I am not certain; I had no conversation with the prisoner on board the sloop at Spring street; the first time I spoke to him was at the station-house; Captain Weed asked me if I knew him and I said I did; I identify the bag by the strings; I have no other marks to identify it; the bag was pretty nearly full; there was no hole in the bag I gave Captain Burr; there is a hole in this one produced.