New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-05-26
LAW INTRLLIGENCE.
UNITED STATES COMMISSIONERS OFFICE-MAr2 5
Before Commissioner Belts.
TNE NITKO-GLltEKIhh tASb'
IL. I.l.-d -tafe. at Otto Blrstenbinler.

Tie Iai-d STATE. AIT Otto Bur.tenbindsr
The ni'ro-gycerne which exploded IN san IRAN
cisco on the 6h day Of April last contained in four car
bovs or glass iar hacked in agdus IN wooden box about
four feet by and ha weighing ID pounds marked
only with some numbers and With tue address W H. Mls
Los Angeles and he ucck Of the carboy fastened one
TO another by strings TO prevent ther moving VI - ,ho
This box shipped at the C4ty u Ne"AoiA Dy 'N0
Tie accused i. charged With having shipped the box In
NevYork and with thus having violated te tehIh SECTION
the Act Of Congress d Aug 80 le1 Wcn enacts tLaI Any
person is guilty OF misdem0nOr who shall ship on Doafs
propelled whole or 10 part by steam and carrying
passengers any gunpowde oil Of yitro OIL OF turpenhe
campene or other explosive burning ud or materials when
ignite by friction unless thebox containing he same sna DC
distinctly marked the onde win the name OF
OF the articles contained therein 10 Stat at Large. p o.
Two points are preseatediOr determination
Fira Is nitroeycerine comprised within the provisions OF
tic act The evidence shows that Us market name here
blasting OILS that It Is recommended and advertised or sae on
account ofs explosive power when y eign 20 rteen es
that of cunpowder that twill explode at heat OF J ana
that these crcumsar were well known 10 te accused n
lis associates and also thd the explosion OF Do1
the same article n front the Wyoming Hote IN Greenwich
st. in November shoid have warned them that tleIe
might be other circumstances under Which would exPIone
than those above stated The fact that this box nj san Fran
cisco did explode seems conclusive in determining the ex
posive character of rs contents ..
Tie arguueu that as5ee pressed with great force that
requires very high dege Of heat explode this oil does Rot
AFFECT the question for makes anson TO The DIM
Guilty exploding ha that Is transported Dut only 70 i''
am therefore Of opinion that if ntro-gycerine DO
shipped the the tenth section OF tbs act must
sopd question tlen remains TO be considered whether
the accused was the shipper OF this box ~
IL IS shown by the proofs that about the latter part OF Feb
ruary he lett NewYor or Lake Superior and dd not return
ti the s Of APRIL t the Of this box OF blast
ing OIL and had Offered to sell 1t to MI De'eau ana MI,
Prentice aud Others, with whom he was assoca,eo 10
purchase and that eac OF these associates a'
Bustenbnder wshedo sell the OIL and that they mad auhqr
y 10 sell for him. they cannot testify to any special
ette in which he gave them such auhor
Mr. VIM H. Mills ha. been negotiating Tor the purchase ..
this BOX Of oil before ,ursenbnder left the city but no SAFE
had been consummad and while the accused was absent a
Lake Superior Deyea sold the oil TO Mn, who tnen started
ffgrQ
in tho proposed company to have the ooA sent "
him BY the overland express 49,, A., 49,
Deyeau thereupon the magazine and TOOK the DoA
in tho same condition il originally imported from Ham
burg brought down 10 the office OF the company no 70
Pnest and It's arrival there Raymond told PIentlGe lnat
be had been TO the Overland Express and found the charges
we're too high and Erected Prentice to take to the WHAT
for shipment on thesteamer. which Prentice did
Bur,tenbnder returned 70 NewYork week or more aitef
the New York adaed and was then paid the money re-
oeved from Mills rhch be accepted and thus ratified the sale
Tpon this state cannot hold the accused TO have
been the shipper tie box. lie was absent from te CITY AZ
the time u and Shipment He had never been ID tle
shipping business lie mad never c9hslsneu Don W a
Francisco sent bs1 anywhere by any seagong yese
when be left theciy possibility Of shipment OF tbs Do1
would not In theconrse OF lis business nave oeen %
10 Liz mind But further. II was shown alrmatlFey tht
the shipment by steamer was an aerthought tna, Wv p
brought down TO be shipped by ne o'eiau ,Vut "a
which tac act OF Congress does not apply ana that MI ao
explicit It shoud come by that rone but
hnt RAYMOND took the resp9nsluh! OF eeoa.ns .Ia @
freight expensyeand gave on mis- own authority
eieamer In t he certainly dd not aci as t.e sKe' y.
BlTsaabinde Prentice and Deyeau IN assisting nun ~
making tails sipment were acting 1S n ~ -,
respect Bufstenbnders agents IBIS Debg the true se
OF the facts Raymond would be liable as supper ana poDaD
Prentice ana Deveau also. Tor all who join IN committing
isdemeanor are liable principals bat their acts were
Bdrsteubinder and not in the execution
OF any aVeucr he had conferred upon them.
Il Is unqueitouaby that may commit crime In
place whore he not bodily pesent-and That me accused
nj yht while absent az Superior have committed this
nor on steamer and ~ leave of all marks that would desg
nate the character s contents But the Government have
uh "a, er have proved 10 fi that he concerned IN
tie shipment OF tho gOOdsaDd persons absence RON
cuon c burden OF proving that DO directed author
igrd the commission Of the crime In hts absence
has been pcrpetrated0ne thht endangered
The live. OF tic hureds OF passengers the steamer 20
Panama AMI which cpmnltei Ia the fearful destruction OF
me wlo n ny Judgment lal pped this box should com
m IN, IN To await their trial Tor that oense against tho laws
no .i,y merely becnsr crime his been committed.
and cannot hold nuOccn man 20 answer ior H. ahd
therefore discharge tic accused ;roH custody.