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.