New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-02-11

Wa, admitted an Attorney and Counsellor Of h,s ca.,s
No 81 The Phsdelphis ana Rsssips Psirosd conp.uy.
I'll. capse continued by Mess Btnney and WaArssa
for the defendant in error ard sonelaed BY M YsAeg for
Ne 81. O Chace %. Hy Ma-es.a, ct al rAi. .pvea
fror, tire Circuit Court of TIE United Sties r Rhsas
Isnd dismissed with costs, under The stA sls Of
No S. H. Webster. plaintiff in error. .. P Cooper r.
argument Of tins commenced BY NJ. Davs,s Cor
Adjourned until tomorrow at II o'clOek. An.
U. S. DISTRICT CouRr-Bcfor- Judge BErrs
STEAMSHIP w.suNeroS-rRiaL oF CART. rircs ON a
CHARGE o. ssvSsIISG-coNriSvko'
Nicholas Zimmerman, sworn-Was licensed
esrman N July Sss took easls which appeared .
contain nquor from the Washington q acc, tmnk
Nc ltl, N Salvs-s,, Mr. BrSsien sd mate, employed
me took one keE to Broadway; took cssks Of brandy
another voyage To ffont a. doot remember carrying any
osss sshngten Hosel dout remember tskins casks
brandy to Mr. Bartlett
Cross es1niaoS-It in ire middle Of the dsy thcs
wss 10 eoneeament OF attempt AZ eonceaneRt; t VS.
openly done can't tel whether there CsS0ul-
House officers At the ship or not.
Eryt Schrocsey swo u Ny place Of susines. is porer
house st No II Wests recoect hsardy coming and be
len my door about neon Of some day opened the
casks and found them brandy wanted 20 sse IL
good tItd 20 buy Off talked seort boy wish
Mr. Brasdon. can't tell whether IL was last tho
b. andy taken away the day; saw NJ Bra don
there we could net ssree about ire pice, doat snow
where IL wsstasento.
Chy,sforAsr H-.sey sworu-i keep CAstle Garden i've
Casks brandy brought 10 place At ferent tmss
bous al. the whole Of IL or four OF them paid Thomas
Henry steward Of the vessel and one Of Mr. Rosa prev
who had been steward under Capt Floyd doat rec
ss Cocpsr, rrcslIed~Wss in the Washington in July,
1851: Capt. Floyd commanded her also In Septembss.
1851 when he con msnded hers Mr. Fitch 6rst o6cer
ard Mr. Adams purser there were four PIPES OF brought
latter voyage belonged Capt Fitch and Mr. Adams it
brought to Newfok and sent TO Frontst, TO man
who wss relation of the doctor purchased u, with
Mr. Adams BY request Of latter and Capt ~ t~s pur-
chased Breuefhavsn; they wan ted % 20 with
them 70 purchase Il because could talk German, u
slowed IN forward cabin after came here, Mr. Adams
told me to get the ain oui, the csrmsn Yves there;
about getting when he told bold on, thst
he would get Mr. Fitch 70 take OF the officers ashore,
and ne would take the other below do not know that
there were any Custom House Ocers board il wss in
the morning they were not passed through the Custom
House that know Of they were taken away BY Mr. Tim
Norman OF FrOnts there casks brandy tAkeA
board Southampton brought in the Nsyvoysge be-
longing Capt Fitch. They weN taken BY Mr. T. 10 tho
age there were our csshs Of an brought belonging to Mr.
Fitch and Mr.. Adams bought them for them they
brought here. and sold them 10 Mr. Bushnk west for
Mr. r and Mr. A.; Mr. a. paid Tor them at Bre nerhsvsa
they both asked for them at h. received the
ney here for them and ssgeto Mr. the CASKS wer landed
in day time but ell at there segsn brought
for Sr ard NJ tSs, vent i SeTs 70 M stassS IL
they were packed ms boxes in cases of tho sac OF ,sss
about feet long BY feet hish and 2wde small boz
was shown put up like Havana cigars aud branded Havana
cigars bought cssrs every voyage the last eighteen
mouths recolect two casss ben brought July 1881 be
longing 50 Capt - who told me thsy belonged to him ana
that shown brought IN July, 1872 they belonged to Mr..
Adams.
Bremerhayen the fret trip be commander at Bro
be not there except when he came down IN tho
that srgo by him the OIL he down with
himsef at Southampton Capt was some.imes on shoro
and board Of the brandy bought In July MI
K told me i'll would smusse IL shore for him he would
give SIS Mr.. King first mate told belonged 10
owned it Yesterday was the rst time that said Capt y
told me this wien made complaint TO the owners Mr.:
Sands, spoke of t az smugsing Mr. Tyson another Of
the owners would not J.. en- to me he told me 10 have
in wfiring did not make complaint to them as to pro-
vous voyages did not know they smuEslsd
till wss told of IL; complained to Mr. Sands In August
last IL told to board the ship the July trip BY
Mr. King who made then his first trp, to smuggling tho
judse they had been ggled from that tho peon from
whom | bought the hqgor at BI-merhsyen YVES /.
speak in the German language do not know
that she English woman she spoke English do not
know why Mr. Fitch aud Mr. Adams buy Of her,
because spoke German when abe could speak English
do know OF Capt complaining at b OF tho quality Of
the brandy did not ask Capt that know Mr. for
advances B. recoeet th.t complained that credit
had been injured there because they would advance do
not krow that ever swore 10 be reyeneed upoathem done
shown gave Mr. Adams and ho returned them 70 me
sad be did not want them the name OF Sasno
Ceorge Stukey, sworn-I bought cigars ia the summer
1881 from ASHER DAVIS Mr. Cooper wsnt with ci6a
were brought 20 mo from corner Of Rutser and soath
Cooper and took them 10 ASHER Daviss and wont
there serwafd and bought them there four or i've
cases, containing i23 boxes6o, $50 cigars 10 all
Cron era niHed-I baIgansd for and bought them
Cooper IN The store Of ASHER Davis Of No drm was
present Mr. Cutting offered to show bill for $4,000 made
Cooper AZ but the District Attorney
would not admit Ia tho spring of 1851 two cssas wore
brought to my store sent there by Cooper who offered
bin seif his friends from ons TO another 10 cell them
the price too he then let about 30 my store
and asstd me TO sd them he said they belonged 70 Fitch
II sold them sad no, and he stated that Fitch Adsns
~aut.d that they should be to the Asher Ds
Wis; tewsd went with hun 10 the store Of A. d. and
bought The whole Of IT, Part cash and part ereditshs
latter, about 20 goo. he aftorwud took away.
Jayed s. Staoq. swomIs bquidstns clerk In ths Cue
tom House. in the Collector. DepaItnsnr Ths manssts
and permits produced 10 show that the Articles here
alluded to lot mentioned in them Mr. Cutting objects
TO documents made BY third psrss 10 be produced e.
denee against Capt Fitch The Conn thought IL was proper
to offer the documents to show. In Justice Defendant
there such entries thu cannot be skso
against him Wrsess showed the names OF coasxpsss lr
mar ed mdLel
John NeNGRy, sw5n-seamsn on board the w..binr,o,
were 70 he forward hold NJ Brasdsn and ,SS sso(."s
steward came down and tapped cash and gave 70
quarter casks say ar eeshs Ia July voyage got out amer
and put forward bold Hsndry captains ssward cane
Hsndry the bssndyi Cooper mbppnasd me- Thsye
been kepI here witness since November last IVES tod
by Dist1es Attorney would &c, 81 Is sday.
Dosid Bud s~orn-Am al Inspector u the Cnstomsf
been since 1910 sezed 10Th sept 1882 Of Asher
Dsvl. quantity VI es1s-Sa quAter boxes, did b.
Nisaolas Bg.hing .wornBousht gin Of Mr. Cooper; nv
II business IL No ~ Wesst there three cAshs;
bought In 1850 or 1851, think latter
Cross s1amta>d-Cooper came alone, had known him
four Eve years; paid ban Gosh; believe he gave me
receipt viii endeayes find Cooper delivered tbs gin
10 was not at the store when It came aso fought
wooden stockings and socks Of Cooper II was In the
fall OF 1851 about sloO worth
The District Attorney sald he would call Mr. Barclay who
bought the CASKS Of brandy and Mr. Azslsf az to
the cigars neither OF whom present. and be vsud thss
the for prosecution.
Mr. Cutting called
NJ JaneS kdgray-Is clerk IN District Attorneys ofieos
saw Mr. Bragden IN the Office three days ago is
sued subpoena Tor him he has been attending court,
subpopaed Mr. HeCabe sth ofre who has been IN sttsnd
.nee never Capt Floyd 10 tho Office thar know Of;
ssbp0nAsd Hen6ry who has attended they recos-
Dzsd appear nos positive whether they before
The Grand Jury.
The District Attorney said the hs does not call
bera because they have dsLed that they could rsmem-
Ter anything Gbout IT, They here, and the defence can
pat them upon the stand.
Mr. Cutting ssid be weod insist 1t because the Dis
,dct Attorney dare not cali them.
The Court thou Eht the dssnse had night 20 what ipr.
nee the ples~d a 20 the fact.
rrSd 20 this