The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-10

FRB. Q~-Ts UNsted States %. EAshG d. Fitch
steamship Washington, trading between Bremen aud
New York, and is charged with having wilfuly do
frauded the government by smuggling large guam
tity of goods, wares, and merchandise, namely: ten
casks Of brandy ten casks Of OIL and eight boxes OF
segars the value OF 81 800. on the 10th July 1854
The u. 3. District Attorney. (Mr. J. p. Hall APP
peared for the prosecution, and Messrs +. Cut
ting. George Belts, and Donohue, defended Captain
Fitch.
the charge was against Captain Fitch, gentleman
OF responsibility who had been master OF the steamer
Washington for nearly two years. for having violated
the revenue laws Of the United States every voy-
age from the time he took command Of that vessel
down to the present cause Of action and for the pu
poee Of making gain ON his own behalf. He is
charged with introducing goods, liquors, olive oils,
and and ssgsrs 70 svads the duty mr. Hall read the
having on board such goods without manifest. Tho
30th section provides that no goods should be de-
lkered without permit on penalty Of forfeiture, and
master for such offence. In ls42 Congress. In re.
viin9 this law puts smuggling among tho catar
logue Of crimes, 18th stat 1t large p 665, seo !s
In tho 10th section it IL provided II any person shall
snuggle goods into the United States, he shall be
deemed guilty Of misdemeanor, and on conviction
will be Liable to fine not exceeding IS 900 to Inn
prisonment for mot more than two years. The Grand
Jury IN this case have charged Captain Fitch A. with
mate and his purser, and each and all Of them are
supposed to be interested in the articles introduced.
Mr. Hall then read the specification and the oath
which the Captain swearS, to the effect that he has
other goods on board except such described
thorcn and continued to say that these goods
were put on the manifest and never paid duty and it
Is supposed that the third mate and the steward were
employed by the captain agents to dispose Of them.
He expected to be able to trace the sale Of two Of
these casks Of brandy to the owner Of Castle Carbon
and il ne showed that, and the other circumstances
he would consider that he had desire to 60 beyond
no Cft V1lo Than InA IN
call his witnesses.
G. s. Franklin deputy to the naval officer in the
custom house depOeed that all permits, manifests
and oaths Of Office como under him. Five manifests
Tie oath Of Capt Fitch was also put in evidence.
On croes-examination, by Mr.. Cutting, witness said
that frequently happens in large vessels that there
are goods on board which are not on the manifest,
but are subsequently entered.
John Cooper, native Of Hanover, Germany, de-
posed that he has been seventeen years on board
American vessels and is naturalized citizen of the
United States; has sailed principally out Of New
York for eleven years; was before the mast. and
second mate afterwards; has sailed between the Uni
ted States and Bremen; was in the Hermann eighteen
months as third officer next sailed in the steamship
Washington for three years and hall as fourth mate
third mate and second mate; was in her on voyage
in July. 1869, and in May previously; Capt Fitch
commanded her during these two voyages; Capt.
Fitch superseded Capt. Floyd in the May voyage,
Southampton, England; was second mate in July,
1862; my duty was to see the cargo slowed at
Bremen and southampton, and to take my watch at
sea; we took on board at Bremen, ten cases OF
oil and eight boxes Of segars, that were given in
charge BY the purser. The segar boxes were four
feet square each-thc size Of the boxes Of oil was
about ten inches square; the captain told me the
boxes contained oil, and the purser told me that the
other boxes contained segars the captain told to
keep the oil cool the way it would not leak out put
them into the sarboard boat on top Of the house; he
said they belonged to him; they had his mark CD
on them; there was mark on the segar boxes
don't know what it was; had no conversation with
the captain in relation to the segars we took ten
casks OF brandy on board at Southampton; they
would hold about thirty gallons each, except two.
which we're sixty gallon casks Captain Fitch told
me to take care OF these casks that they were his
own; the brandy lowered down in the after hold
on the starboard sde the segars were in the forward
hold; when week out, the passengers baggage and
the casks were taken up, and lowered down in
the forward hold had no conversation about the
chanee-the chic. officer gave the orders; the cap.
tain bad the opportunity of observing that the
changes were made; they were la the forward hold
when the ship arrived; did not see them afterwards.
To juror Put the passengers baggage on top
oil the brandy.
Crossexainined by Mr.. Cutting-Left the Her
MANN about four years ago, OF my own accord, be-
cause wanted to change ships; not turned
out OF the Hermann; Capt Floyd was in the Wash
ington in April, 1852: nothing happened to him, OK
cept that he was not as he ought TO be- he was dis
turbed in his mind when he would sit down he would
fall asleep; first found him SO on the Banks; did
there was some alarm among the passengers after
we came from Milford, where we went for coal: the
alarm was given off the Land, End and afterwards
the passengers got hold OF the captain and took him
oil the house.
To juror do not know if the captain was
Temperance man. but he was sober man.
To Mr. Cuttng-The officers said the Captain
was not right the course of the shi was ate ed
by Captain Floyd; / do not know what order was
gwen, but the 8 Zip WAS heading towards the land,
which was mile and half or two miles Off If the
ship had continued her course she would have got
mo the channel; when the first mate took charge
the ship was headed away of the land; Captain
Floyd was put below in his room; in the evening
saw him on deck and he was got down below again.
Floyd and are as good friends now as ever; don't
know If he has taken interest in this prosecutions
his brother is in court; Captain Floyd wanted to
keep Oh deck, but the officers would nos let him;
don't know If he was satisfied he tried to drag away
from the passengers, but did not call any of his Off
GERS rmen obayed the first officer as Captain after
the officers bad held consultation; agreed with
therst OF them: said yes and that's all; acted as
first officer from there to Southampton and back to
New York. Captain Floyd came very near running
the ship ashore Off Milford. The Captain said she
was all right, and in about half an hour after dis
covered the ship was near the rocks and called the
Captain, when we altered her course: didn't know
where we were no moro than the man in the moon;
did not 90 out again as tTot officer.
To the Court suppose ] hadn't education
enough can navigate a ship by dead reckoning.
To Mr.. CUTTING applied to Captain Fitch to be
Directors; Captain Fitch said was not competent
Mr. Kingsley went out first officer. and went
back TO my first position: was satisfied with the
arrangement; did not say would have him turned
out OF the ship; was friendly to him as before:
had no conversation with Capt Floyd about it; we
came back to New York on the stl July, and left
on the 9Th: the custom house officers were on board
aud they had not commenced to discharge the cargo
did not swear threaten revenge agains! Captain
Fitch: have done what was right; have taken an
active part in this prosecution; accused Captain
Fitch OF intoxication because saw him so; charged
him with receiving money from passengers on board,
whom he took to work their passage; had no ILL
feeling against him; he was no friend OF mine
went TO Mr.. Floyd to ask him where should 90 to
make the complaint; made IL; no one went with
me 10 the United States District Attorneys Office
have seen Captain Floyd there; | furnished tn
names Of the Witnesses have snbp@1ead some
them; | have not been TO sea since, but have been