REUBEN KEYMER deposed—I am in the oyster and fish business; I knew of the sloop E. A. Johnson being at Gravesend in March last; I don’t recollect the date; she came there on Sunday and left on Tuesday night; the next day (Wednesday) I saw the sloop towed up by a steamer; I saw the prisoner the day the sloop sailed from Gravesend; he came ashore after one of the Wattses; it was just at sunset; he came ashore in the yawl boat; the sloop was about one hundred yards off; the prisoner was sculling the yawl; I was afraid he would run foul of me; the prisoner and Watts returned to the sloop in the yawl boat; the prisoner was dressed in a coat of the description of the one produced; I watched the sloop going out; she went southwest to clear Coney Island, and then she took a southerly course (a chart of the bay produced—the witness describes to the jury where the sloop lay, and her course); I saw her three miles out to the east of Sandy Hook; the wind was west northwest; the sloop was going about eight knots an hour; when she got out, she set her flying jib; at the rate she was going she would pass Sandy Hook in about an hour; when I saw Johnson come ashore from the sloop, I think I recognized the boy that went back with him as one I had seen on the sloop the day before. _Cross-examined._—I was not well acquainted with any of them except Capt. Burr. I am certain of the prisoner being the man who sculled the yawl; I told the man in my boat not to run into him; I turned to the prisoner and said to him, “Now I suppose you are going to give it to her;” I was in a row boat; we were rowing our boat; I next saw the prisoner in Court before the Commissioner; I think I stated before the Commissioner that the prisoner had a monkey jacket on when I saw him in the boat; I stood about five minutes on the shore and then went to my house; I saw from the house about three miles out; if she kept the southerly course I suppose she would have fetched up about the Highlands, below Sandy Hook; she made a straight wake. (Witness again described the course of the sloop on the chart.) CHARLES BAKER deposed—I live at Gravesend; I knew Capt. Burr; I know the sloop E. A. Johnson; I saw her in March last at Gravesend; I saw Capt. Burr come ashore at Gravesend bay; knew Smith and Oliver Watts by sight; I saw the prisoner Johnson come ashore and take away one of the hands; I saw the sloop go away in about eight or ten minutes after the prisoner and the young man got on board; Capt. Burr was on board; there were four on board altogether. _Cross-examined._—The young man had a small bundle under his arm; never saw the prisoner before that; had no conversation with him; he was a stranger and I took a little more notice of him than if I knew him; he had a kind of monkey coat on; he had whiskers; he had none on his upper lip then that I could see; I was not nearer to him than the length of this room; I did not see which of the Watts boys went along with him.