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