Cross-examined.

Hoffman. Do I understand you to say that the whole of the expedition was a matter of public notoriety? A. Yes, it was public wherever I went; it was frequently a matter of conversation in the societies I visited.

Emmet. Did not the vessel lay at the back of the collector's house, and in a public and frequented part of the city? A. Yes. Q. How many days was this shipment public in the city? A. I cannot tell, but it must have been at least 10 days.

Q. Do you mean 10 days prior to your shipment on the 20th of January? A. I think it was; every thing respecting it seemed to me to be well known.

District Attorney. What was a matter of general notoriety, and so well known as you describe it? A. That the Leander was fitting out for a secret expedition; but the place of her destination was not revealed.

P. Edwards. What was the matter of notoriety? A. It was the sailing of the vessel; that is what I meant to express ; but I said that her destination was not publicly known, and that the goods I sold were intended to go on board of the Leander.

William Fosbrook sworn.

I am a surgeon's instrument maker, and frequently buy and sell swords. I did not sell any to Mr. Ogden, but to Capt. Lewis; and those I delivered on the 25th of January last; I have the bill here. (He read the bill; the amount was 704 dollars.) I was referred to Mr. Ogden for payment, and have his note for the same. I delivered the swords to the cartman They are charged at various prices, and were in the whole 129. I did not know the use they were intended for..

William Allen sworn.

I am a gunsmith, and sell those kind of arms frequently for exportation. I sold about 200 muskets to Mr. Ogden and Capt. Lewis. When they called the first time, they came together to purchase them. I sold them some 3 or 4 pounders cannon, but I do not know the day; I think it was some time in January. I delivered them to the cartman who came for them. The muskets were put in boxes. The boxes were sent to me without directions, but I do not know by whom. What pay I got for the articles, I got of Mr. Ogden, and the remainder I still look to him for. The application was made to me for the muskets within a week of the time in which they were supplied.

The court adjourned till to-morrow.

Saturday, July 19th.

The court, on account of the death of a child of Judge Talmadge, adjourned without proceeding on the trial.

Monday, July 21st.

Present, TALMADGE, Judge.

Daniel Ludlow sworn.

Q. Did Gen. Miranda, when he last returned from England, bring a bill of exchange, or a letter of credit to you? A. Yes, he did; it was a letter of credit in favour of George Martin, from the house of Harman & Co. of London.

Q. Did you not understand the name to be a that in fact it was Gen. Miranda? A. Yes.

fictitious one, and

Q. To whom did you pay the amount? A. A part I paid to Gen. Miranda himself, and gave him my note for the rest. When he was going to Washington I paid the balance due on that letter, or the amount of my note to Mr. Ogden. The letter of credit was for 800/. sterling. I paid the greater part to Mr. Ogden; but the exact sum I do not recollect.

Q. You considered the letter of credit as drawn in a fictitious name; how did you ascertain it to be the fact? A. I inquired of Mr. Rufus King, and he told me it was a counterfeit name, but the name by which he usually travelled.

Cross-examined.

Q. What was the date of that letter? A. It was dated in August.

Q. When did you receive it? A. It was shortly after the 23d of November, and before Miranda went to Washington.

William Wallace sworn.

Q. Did you sell Mr. Ogden any gunpowder last winter? A. I sold 100 quarter-casks which lay in Boerum's powder magazine on Long-Island. Mr. Ogden contracted with me for it.

Colden. When was this? A. About the middle of January. Sanford. You gave Mr. Ogden an order for the delivery of it? A. Yes.

Hoffman. Is it not usual to export gunpowder from this city? A. Yes, it is frequently done.

Mr. Gelston now produced the custom-books to the time of clearance, &c. and the certificate of the Leander, she not being an American vessel.

Thomas Stevenson sworn.

Q. Are you a smith? A. Yes.

Q. Did you make any arms for Mr. Ogden? A. I repaired some muskets.

Q. Did you make a quantity of pikes for him? A. Captain Armstrong directed me to make some, but I do not know whether they were pikes or spears. I made 1200 myself, and got the rest made at other shops; there were between 4 and 5000 in all.

They were packed up in casks, and delivered at a dock near which the Leander laid, and Mr. Ogden was paymaster for them.

Q. Was Capt. Armstrong the only person that gave orders on the occasion? A. He was the first, but toward the latter end Capt. Lewis also cailed, and required me to hurry on the work. They were delivered from the shop to the cartmen who were sent for them, about the 9th of January.

John Moore sworn.

Q. Did you sell arms to Mr. Ogden, Lewis or Armstrong? A. Mr. Price spoke to me first, and afterwards Capt. Lewis applied to me for both muskets and pistols; I can't say how many I sold him, but there was close by 100 muskets and 8 pair of pis

tols.

Price told me I was to take Ogden's paper for money; this was some time last January or February.

Curt. How many muskets did you say ? A. Near 100, and 8 pair of pistols; they were put up in boxes, and delivered at different times; the last that was sent was carried to Mr. Ogden's house.

Juror. Where were the others delivered? A. They were delivered to the cartmen who were sent for them. I also furnished 3 drills and drill-bows.

Joseph Price sworn.

Q. Are you a gun-smith? A. Yes, and a cutler. Mr. Ogden and Capt. Lewis applied to me for muskets, swords and pistols. I sold him 180 odd mukets, (these are separate from what Mr. Moore sold him) 25 or 26 swords, and 29 pair of pistols, a few powder-horns and armourer's tools; it was about the 29th of January. I do not recollect the day they were put up in boxes, and delivered to the directions of Capt. Lewis. The cartmen had no orders, but they were Mr. Ogden's cartmen; one of them I see here in court, Mr. Shuld. The amount of my bill is about $1700, and Mr. Ogden is to pay me. They applied to me about three weeks before the articles were delivered.

Samuel Corp sworn.

Q. Did you sell some cannon to Mr. Ogden last winter? A. Yes, I sold him ten, I think they were iron, but I never saw them; they were sixes and nines; it was some time in January; they were laying at Waltham's wharf, and were delivered on my order to Mr. Ogden.

Colden. How long was this before the Leander sailed? A. I think it was about the middle of January they were taken away, and I was applied to three weeks before that; but I'll look at my books at ome, and ascertain the time precisely.

[The reporter thinks Mr. Corp's clerk was in court, and furnished an extract from his books, for he came back and said

that the contract took place on the 8th of January, and the application one week sooner.]

Cornelius Brinkerhoff sworn.

Q. Did you sell some pieces of cannon to Capt. Lewis last winter? A. Yes, 2 four-pounders. I sold them about the 12th of January, and he paid me for them; at least, I hold his paper for them.

Hoffman. At what time did this take place? A. I think it was in January, but I cannot tell the time; I could if I was at home.

William Shuld sworn.

Q. Are you a cartman ? A. Yes, I have been frequently employed by Mr. Ogden. I was in his employ last winter in the month of January, when the Leander was loading. I carried down several things along-side of her; I carried cannon, boxes, barrels and bales. I cannot recollect the number of cannon I took down, I think they amounted to 30 or 40. I was obliged to have people assist me in carrying them. The boxes which I took from Price's and More's were long boxes. I carried cannon from Waltham's, from Pine-street, from Gen. Stevens' some barrels, from Stevenson's in Maiden-lane some hogsheads, which I supposed had water in them; I carried some bales from Weyman's, I think four or five; I do not recollect the number. Some of Mr. Ogden's young men gave me directions to go after these things, and they were all carried and delivered to the Leander last winter.

Emmet. These were carried publicly in the day time. A. Yes sir.

Q. You made no secret about it. A. No sir.

Hoffman. Can you recollect what time it was when you delivered these things? A. I cannot. I recollect I worked from morning until night, aye, until 9 o'clock too, with others, though we seldom work to so late an hour.

Q. What was the reason that you worked so late? A. Because the ship was in a hurry to be dispatched.

Q. Where did the Leander lay, when she was loading, last winter? A. She laid down by Greenwich-street, on the left hand of Rector-street.

William Weyman sworn.

Q. Are you a merchant taylor? A. Yes, I make clothes in large quantities, and sell them by wholesale or retail. I was applied to, to make a large quantity last winter, in January, but I cannot remember the day. Mr. Ogden and Mr. Armstrong required me to make a quantity of jackets and pantaloons. I was to make any quantity I could get done in time, which was two or three weeks, but not to exceed 11 or 12 hundred of each. The

jackets were made of blue, and the pantaloons of ravens duck; there were more jackets than trowsers. Mr. Ogden paid me for them. They were put up in bales and delivered to Mr. Ogden's order, I do not know to what cartman. I was directed to make them all as for uniform, the collars and the cuffs were yellow, though not of all, for I believe a quarter part of them were green, and the facings of the green jackets were black.

Emmet. Did your workmen understand what these clothes was intended for? A. It was generally understood they were to go on board the Leander.

Sanford. Did you understand that from Ogden and Armstrong, when they called upon you and gave their orders? A. I cannot recollect; but it was no matter of secrecy in the city, I believe, for a fortnight before they were delivered; they were calculated for warm climates.

Colden. Are they not worn in cold climates also? A. Yes, certainly, the serge.

John Corne sworn.

Q. Are you a cartman ? A. Yes. I was employed last winter in carrying articles to the Leander, among the rest there were 3 guns and 5 gun carriages, I took them from Water-street to near Rector-street, and left them along side the Leander. I got them from Maiden-lane and from Gen. Stevens.

Colden. What kind of gun carriages were they? A. They were for sea service, and we removed them all by day light; it was Mr. Shuld, who has just given his testimony, that employed

me.

John McBride sworn.

Q. Are you a cartman? A. Yes. Mr. Shuld employed me to cart several things for the Leander. I carried down water, and 5 guns from Stevens', from Miller's and from Limmons'. I carried 3 claret hogsheads, and I know that when they were taken out of the sleigh one of the heads broke in and I saw that it contained shot both round and double headed; I brought them from a store between the Fly Market and Burling-slip. I carried long boxes from More's four or five times; they were of the kind that usually contain muskets. I saw one of them open; at least they were nailing it up when I went there, and I saw it contained muskets; I carried them down to where the Leander lay.{

Colden. This was done openly. You were under no injunction of secrecy? A. It was all done in open day, and no secret made about the matter. Cleland assisted me.

James Cleland sworn.

Q. Are you a cartman? A. I assisted John M'Bride in carrying water, and 5 guns to the Leander. We carried, I think, 5