By the consent of counsel the jury were permitted to separate after suitable caution from the Court not to converse with any person on the subject of this trial.
Adjourned to Tuesday at ten o’clock.
Second Day.
Richard Eldridge, examined by Mr. Dwight, deposed that he saw the sloop E. A. Johnson at Gravesend on the Sunday morning and Monday; went on board of her; saw Captain Burr and the two Watts boys, and Johnson, the prisoner, on board; saw Johnson on board the sloop first on Sunday, Monday and Tuesday. I went out in the Sirocco, in company with the sloop, past Coney Island; we were bound up to the Health Office; it was about sunset when we went out; Captain Burr, the two Watts boys, and Johnson were on board when she left; she went on the usual course of southern vessels; I took a letter from Captain Burr to his home; Johnson wore a beard same as now, but no moustache on the upper lip; never saw the prisoner since until yesterday.
Cross-examined.—Knew Captain Burr well for years, and also knew the Watts boys; I did not know the prisoner before that time; I had no particular conversation with him; Captain Burr told me he was going to Virginia.
George Neidlinger deposed—I live on Staten Island, at Port Richmond; I saw Johnson, the prisoner, at six o’clock on the morning of the 21st of March; I was standing at the barn door; he came up to me and asked me if there was any one to interfere with his boat, and I said no; he left his boat on the south side of the fort, and he came from that direction; he told me he left the boat “back there;” I afterward went there and saw that the boat had been hauled up by some boys; the harbor police came for the boat and took it away the next evening; there was nothing in the boat that I could see but some sand, oyster shells, and oars; the prisoner went toward the Vanderbilt landing; he had on a monkey jacket and a Kossuth hat—(jacket produced)—it was like this; he had a bag, like a feed bag, which he carried on his shoulder—(witness described on the diagram where he saw the prisoner)—he landed on the point below Fort Tompkins; Vanderbilt’s landing is about two miles from Fort Tompkins; the prisoner wore his whiskers pretty much as they are now, only he had no hair on the upper lip; at the examination before the Commissioner he had no whiskers on the side.
Cross-examined.—Had never seen the man before; he had no conversation with me except to ask if any one would interfere with his boat; he had a monkey jacket and Kossuth hat, but I did not notice his pants; I made a mistake before the Commissioner in stating that the jacket came down below the knees; I meant to say that it came down to his hips; I corrected myself.
To the Court.—I think I changed my testimony before I left the Commissioner’s Court.
Cross-examination continued.—I saw the prisoner put on the coat before the Commissioner, and then I changed my mind.
To Mr. Dwight.—I am not an American; I am a German.