The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-09-05

s-NEWt)RLEANS: =
's47 ~ - 49, Z a.s.s
FRIDAY MoRNLN0. sgeTEMBER q
LOCAL INTELLIGENCE. s
: D.dssdiss sas Rsvm.s-BrS;rs css.es-
Mouse Officer. Tho examinaIion Of ihk cass, which
lay over from Tuesday evening lest, was Yesterday
evening" resumed before The U. Q. Coamimtoner,
the Hon. Joshua Baldwia.I The PARTIES sccussd
arc C. j. Balbiaai 4 Co... Of the Arm Of Meyer,
Balbiani 4 Co., end Auguste Menys, sn appraiser
in The Custom. houss. The first named 10 charged
with passing = fraudulent invoice through the
Custom. house, the second with receiving bride,
and conniving Ct The fraud. Afternoon Hill, IN
appraiser in the Custom bouss, made the aiIidayit
in tho case, in which hs statss that fraud we
March last, of 40, O00 cigars brought from Havana
and shipped by Balbiani, Seegur 4 Co., u Havana.
the princip&f Of this last named Arm being the
father of one of the accused.
{ Mr.. Bradford appeared for the prosecution oil
through, and Msssrs. Schmidt, Dufour and Eus,is
were for The defence.
On the first evenings examination, William
Balbiapi & Co. proved TO two different invoices
and bills Of lading, then in court. One Of these
invoices gives the value of the cigars, including
charges, at $3.50 St. This one 10 signed by the.
American Consul, and the other at e789 373,
whilst the invoice passed through the Custom
house asnounied. duty and all, to only e96 Co.
Mr.. Vidal, a clerk in the house Of Quadrass 4
Co., owners ofthe % Fairy" testified TO the fact of
Meyer, Balbiani 4 Co.'S receiving the 40000s and
verified The bill Of lading in court.
William Schutter, also, formerly q clerk 10 the
house Of Meyer. Balbiani 4 Co., identified the in
voices and bill of lading, and said that he told
Mesaye on Canal street, on the 25th Of July, how
Balbiani boasted he had fooled him, about the
James Pennel consignment, and how Meyer and
Balbiani both said that they had given him ol25
for passing the cigars Mstsye replied that they
came to his room, and pressed him to take money,
which he refused 70 do. Metaye also said that he
found q roll of gold in his rooms, which he kept,
not knowing who left it there. At second meet
ing, in reference to this matter, Metaye told him
That be would be punished more than Balbian' -
The court adjourned to the 4th instant, Al 5
O'clock, Pm.
yEsrERDAY EVENINGS ExAMINArIoN.
On opening the proceedings, Mr.. Schmidt moved
as counsel for the accused that the charge against
him be dismissed, on the ground that Balbiani
pleaded in avoidance of tho proceedings against
him, that Joshua Baldwin is not ~ he asserts, q
Commissioner Of the United States, that he has
never been appointed by the Fifth Circuit Court,
sitting for The Eastern District of louisiana nor
was lie authorized to act as such, by any other
competent authority Commissioner Of the United
States nor is there any evidence on the face of the
records of said courts Of his appointment, where
fore counsel pleaded that the Commissioner bald.
wn,) could not iake cognizance Of the offence with
which Balbiani was charged.
Mr.. Eustis, counsel for Mr.. Metaye, stated tha,
he had no such objection to offer, his client wa,
willing to have thorough investigation Of the
charge against him, Immediately.
Mr.. Baldwin decided that as he had held the
commission for five year,, during which period hi
right to act had been recognized by the courts o
law in this State, that that fact alone suficien
to satisfy him Of his legal right to act as Commits
| sioner.
Mr.. Schutter was then examined. A documen
purportng be the exact account Of sales, in tn
handwriting of witness, was put in as evidence
and admitted by the witness to be in his handwrit
| lug. This account was said to be rendered durin
the absence of Mr. Balbiani. Witness was aske,
il the accounts, invoices, ETC., then produced il
court, were in The Office Of MI. Baibiani al tn
time Of his leaving.
| Witness declined answering that question.
| On being asked his reasons why he did nc
answer the question, Mr.. Bradford, as Mr.. Schut
| ter's counsel, said it was not competent to ask
question as to what were the means by which tn
officers of the Government obtained the inform.
ton necessary to proceed with the prosecution.
The objection raised to Mr.. Schutters answer
/ ing the question was submitted to The Commits
| sioner.
Mr.. Schmidt said he would be able to prove ths
the invoices and documents were always in posse,
sion of Schutter, and never were in the hands
Mr.. Balbiaa this was the ground on which tn
question was put to Mr.. Schutter.
The Recorder did not consider the question a
relevant; the witness had recognized the docr
ments, and whether they wee there or not at hi
leaving was not pertinent to the examination. Th
right Of putting the question was therefore ove
| ruled.
Examination Rssumed.-The documents ver
received in the month of March he did not ope
the letter; it was directed to Balbiaua & Co.; h
never saw the documents in Court filed away;
did not know Of his own knowledge whether Ba
biana was in business on his own account before
he suggested to Balbiana many things, whicl
generally speaking. it was his opinion he, Balb
ana, did not follow he held the general power
attorney for the firm up to the 25th; its revocatio
was published in the papers on the 29th wtne,
learneda great portion Of his commercial know
edge in New Orleans; arrived here 10th Of Jan,
ary, 1885; came from Tampico; was employs
there about year and half; was there in A,
gust 1884 did not remember the house Of The
dore Bates y Co. there, nor the house Of Harm
ny; remembered the house Of Taylor and som
others; never counted the commercial houses
Tampico; remembered the house of Zummerms
q Co., was in the employ Of John Whitman & c
here knew Mr.. Me,aye by sight some time; spol
to Mr.. Me,aye for the first time some time in Ia
spring, on the race track had only two interview
with him since his, witnesses, discharge he new
considered Mr.. Metaye as an intimate acquaintane
The first time he spoke to Msnye, was some da
after his Witness dischasge-it was on Tussds
in the afternoon. They did not meet accidental
an appointment was made to meet Mr.. Metaye
the Royal street entrance to the Post-ofiioe; We
with him to his room on Bourbon street, Il
. doors from Cont there was no other pers
nreaent he took uocd c.ys cf th>t x,,;tc.s. ~,