Biv 27 1835 to Jan 13 1835 - PTR, Vol. 3

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New Orleans, January 5, 1836.

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Andrew Hodge, being duly sworn, deposes and says that he knows nothing about the schooner Brutus, except whal i\lr. Allen told him, and what he saw in the newspapers; that since the purchase, Mr. Allen lold him that the Brutus will be a regular trade from New Orleans to Texas; that he has no recollection of having exchanged a word with Mr. Carter respecting the schooner Brutus, until he spoke lo him and told him that he had reported his name to Mr. Carleton as a person who could give some information on the subject, as being engaged in the Mexican trade. Witness was surprised at it, having given up business about five years ago.

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A. Hodge.

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Sworn to and subscribed before me,

Gallien Preval, Judge.

New Orleans, January 5, 1836.

[Extract from my records.] On this day, the fourth day of January, 1836, Henry Carleton, Esq., district attorney of the United States, applied to me, by a letter on file in this case, lo have subpoenas issued for several witnesses, to examine them about a certain report which had been made to him by the collector of the port of New Orleans; that the American schooner Brutus, owned by the defendant, A. C. Allen, was fitting out and arming to go lo sea, for the purpose of committing hostilities against the Mexican vessels; whereupon I caused the following witnesses to be summoned before me, to wit, M. S. Cuculla, James Ramage, J. Curell, Augustus S. Martin, J. F. Carter, Thomas Urquhart, J.M. Lapeyre, John Garnier, J. A. Merle, William Christ)', J. K. West, R. .M. Carter, Ed. Hall, Thomas Toby, Chs. Bishop, H. Lockett, Wm. Bryan, J. W. Breedlove, and Andrew Hodge. After receiving their declarations, and due examination of all the facts contai11ed therein, I am of opinion that there are not sufficient grounds for · the issuing of any criminal process against the defendant. Gallien Preval, Judge. New Orleans, January 5, 1836. I do hereby certify that the foregoing is a true and faithful copy of all the proceedings had in this case. Associate judge of the city court of New Orie.mi-. New Orleans, Ja11uary 12, 1836.

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