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. DAVID S. BALDWIN deposed—I live at Islip; I know the prisoner; I saw him on board the sloop on the 13th March; he was helping to get out oysters; Captain Burr was not on board; the prisoner told me that he was going to Virginia with Captain Burr for a load of oysters; he told me that night, that if I wanted to go up town he would stay on board and mind the vessel; I was cook; this valise I saw before; the prisoner handed it to me when he came on board on the 13th; the prisoner did not stay on board that night (examines the contents of the valise); I saw this knife before with the prisoner, on board; he took it out to cut a piece of string; I know it by this piece of the handle being rough, and the rivet being bright; at that time the prisoner wore his whiskers as he does now; I saw the prisoner on Wednesday morning on board the sloop at breakfast; I did not see him again until to-day. _Cross-examined._—I had been cook with Captain Burr; I left the sloop on Wednesday; Smith Watts took my place as cook; the prisoner first came on board between six and seven o’clock on Tuesday morning; I never saw him before; I don’t know how he came to tell me he was going to Virginia with Captain Burr; the captain told Johnson if he wanted to go up town that night he could go; Johnson said to me if I wanted to go he would stay on board. JAMES H. BACON deposed—I am in the oyster business; I know the prisoner at the bar; I saw him on board the E. A. Johnson on the 13th March; I was there two days getting out oysters; Johnson was there shovelling out oysters; he wore his whiskers same as he does now; he had a check shirt, short coat, and comforter about his neck; I next saw him after his arrest, when I was called on to identify him. _Cross-examined._—I reside at Port Richmond; I was examined before the Commissioner; he was working on board the boat helping me to fill out the oysters; I think he had a dark pair of pantaloons and a Kossuth hat; I think in the morning he had on a monkey coat, and when he went to work he pulled on a blue shirt; I had no conversation with him more than to tell him to fill the baskets a little fuller.