The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-11
The CAarus or snuGEih.9 - nsard ne stsan
ahlp WasAAgtnD.
uMYHD gfATHe DIsrRlC9 COURT
Before Hon. Judge Betts.
SECOND DAY.

torney, deposed that he was cartman; in July, 1862
took away four or five casks from the Washington;
they appeared to be liquor caAks took them from
the forward gangway; one OF the officers OF the
ship ordered him to take them away; carried them
to No. l4l Sullivan street; don't know who kept the
place; Mr.. Brogden paid the carriage; took one cask
from the ship TO the corner Of Battery place and
Broadway; took some. casks on former occasion
from the ship Washington; don't remember the
time; saw Mr.. Bartlett, the keeper Of the Washing
ton hotel
Gross examined-It was in the middle Of the day
he carted the goods; it was openly done; no attempt
Henry Schroeder deposed, he keeps porter house
at No. IL Wege street; there were casks of brandy
brought in the morning from the Washington and
two more let a. my door about dinner time the same
brandy; it not sold to me, but treated with Mr..
Brogden for it, this was the summer Of 1852; the
brandy was taken away the same day; saw Mr. Brog
den at my store the same day; don't know where
it was carried to-
The witness was not cross.examined.
Christopher Heiser deposed-l keep Castle Gar
den; in the summer Of 1852 bought two casks OF
brandy; five were brought there at different times
from the steamship Washington; bought them all
from Thomas Henry; he is steward Of the Washing
ton; paid him by checks payable to the order OF
Thomas Henry; bought some Of them from Mr..
Ross, who was steward of the ship under Captain
Floyd.
The witness was not cross-examined.
The witness Cooper recalled by District Attorney
deposed that Capt. Floyd commanded the Washing
ton in August, 1861; Mr.. Fitch 0he defendant) was
chief officer; Mr.. Adams was purser; there was
quantity OF gin brought that voyage; it belonged
to Capt. Fitch and Mr.. Adams; it was brought to
in Bremerhaven by me, because spoke the German
language, by the orders OF Mr. Fitch and Mr..
Adams the papers produced are the bills OF the gn
! paid the money forit, which Mr. Adams gave me;
about it on the deck; know Of two casks Of
brandy being brought out in the Washington,
in May, 1862; they belonged to Captain
Fitch, and we're carried BY Mr.. thinner
four casks OF gin belonging to Mr. Peterborough
from Bremerhaven to New York; sold some OF
them to Mr.. Bushng, who keeps a store in West
street; Mr. Adams paid for the four last casks of gin
speak OF; Mr.. Fitch was present; got the money
for them here, and gave it to Mr.. Adams the casks
were all discharged in the day time; segars were
brought in the ship every voyage for the last eighteen
months; in June, 1851, there were five or seven
cases; know they were segars, because bought
them for Mr.. Adams and Mr.. Fitch; they went To a
Mr.. Sturgie, and afterwards to Ashland Il Davis,
Beaver street. "a case about the size OF large tea
chest produced.] That il one Of the cases. the boxes
OF segars were enclosed in the cases; every other
voyage, for the last eighteen months, we brought
segars; in May 1852, there were two cases, they be-
longed 10 Captain Fitch; he told me so; he told me
to take care OF them, and | slowed them away; in
July 1852 there were eight cases. they were as large
again the case now produced do not know
what became OF them; they belonged to Mr. Adams
Cross examined by Mr.. Cutting-Capt. Fitch was
at Bremen; he was not on board at any time when
cargo was taken in.
To the Comt-Bremen is sixty or seventy miles
from where the vessel lay.
To Mr.. Cuttng-Capt Fitch came down with the
oil himself; when the ship was at Southampton,
Capt. Fitch was sometimes ashore and sometimes on
board; don't know whose duty it il to receive the
cargo; generally saw the mate do it; saw the
the captain do it, except the mate absent; far
as have seen, n captain pays no attention TO the
cargo; always have seen the mate do it, and yet
do not know whose duty is; Inever made complaints
to the owners or to any body else OF the smuggling
in 1851, because / did not know then that there
had been any smuggling until was told of it in 1852.
1t was last July and August made the complaints;
the last voyage that made it was told to me by Mr..
King that there had been smuggling ; he wanted
me to smuggle the ten casks Of brandy; that was his
first voyage. Q--Then how could he know there
WAS smuggling in 1851! When King asked me in
1862 to smuggle the brandy inferred that all they
carried in 1861 was snuggled judge from that in
charge of smuggling, but that OF the last voyage
stated in it all the smuggling that knew of, but
expect that all the rest was struggled, and expect
SO because King asked me to smugge the ten casks.
The witness was cross examined at much length as
:" the possibility OF his identifying the cases and the
segar box produced] he knew them because he
bought them, and the box has the Bremen mark;
did not make application to Captain Fitch to allow
me to purchase GOODS didn't swear to have revenge
because he refused to advance me money; l cannot
say if ! complained that my credit had been
injured in Bremen by his not advancing me money;
l don't know that they threatened to arrest me;
Adams did not refuse to advance me money; did
not tell him was in danger Of being arrested.
To the District Attorney-The two casks OF brandy
brought out in May so, were delivered to Mr.. Bart
Rudolph Striker deposed-That in the summer Of
81 he bought four or five cases of segars from Ans
Ter Davis; Cooper went with me; had seen one
South street. from the corner of Rutgers and South
streets; the produced is one OF those bought
it contained twenty three or twenty-four boxes OF
seg ss. -.u.;.o, co.. -. -.
segars with me for sale; he said they belonged to Mr.
Fitch when he came back he asked If had sold
them; said no. and they were sent u Beaver street,
the day the ship sailed bought them, and paid part
in cash for them; he came back again, and said
Adams was not satisfied; did not take receipt
from him; Cooper took the rest about 20 1000, away
with him; that was in July or August
3 Stag II e. clerk in the Custom
Mr.. Hall offered to prove by the witness, that the
manfests contained the contents Of casks and that
none of those on board the Washington, in the July
voyage, were stated to contain brandy.
Mr.. Cutting objected, and the Court would not ex-
clude them, but would tell the jury that they
not evidence IN criminal prosecution, OF the con-
tents Of the casks.
Witness proceeded-Those are all the bills of lad
ing that could find belonging to that voyage; find
all the casks accounted for on entries except one;
that consigned to L. Feuchtwanger; it appeared by
the manifest that there were two other casks but the
officer returned one Of them as keg and the other
case; in the entries of the May voyage, find they
correspond with the word cask, with one exception
consigned to order there is another exception pur-
porting to be cask but was returned by the officer
to be case. 1.-TWO free permits and six entries of
goods by the May voyage produced.]
Cr0ss-examined-I have not the most distant idea
how many entries there on the May manifest the
six entries are made by different consignees, and the
two permits different persons, SO that have in
court only six entries and two permits out Of the one
hundred and fifty two hundred entries that are on
this manifest. and can't state what the description
Of the remainder Of the consignees goods was; did
there about two hundred or over that of different
consgnees on the July manifest; / have not the most
distant idea Of the number Of cases or packages on
that voyage.
Mr.. Franklin recalled and identified three other
manifests-Jnne, July, and September, 1s5l-inade
by Captain Floyd.
Mr.. Cutting objected to their being received in