Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-06-14

INVESTIGATION BEFORE UNITED STATES CoMMIs-
sIoNER RUrHEETCRD CHARGES OF official Mis-
CoHDUCT AND MALFEAsENCE AGAINST THE CoLLEC-
TOR OF CUsToMs.-Before General A. Rutherford,
United States Commissioner in this city, the case
of VIM 4. Atkinson, master of the British Brig
Mary J. Wilbur. was investigated Wednesday. The
charge brought against the master Of this vessel
was that of unawfully shipping cotton at this
port without the paymens Of the tax required by
law. The vessel had previously been cleared, but
the discovery of the fact Of this cotton being on
board caused her detention. Several witnesses
were examined, and the case decided by the con-
fiscation Of the cotton and the issuing of or
der requiring it to be Immediately landed. This
lot Of cotton consists Of nineteen bales, and was
owned by gentleman residing outside of the
city, but was consigned however, to commits
sion house i'll this place
Subsequent to the disposition OF the above case,
Jas. T. Foster, Collector Of Customs at this port,
who he'd previously been arrested by the United
States Deputy Marshal, arraigncd before the
Commissioner on charge of official misconduct
and malfeasancc.
When the Commissioner announced his readi-
ness to proceed with the case Col Robert Strange
arose and stated that in the absence Of the Dis
trjct Attorney, by consent of the Court, he was
present to appear for the prosecution He here
pcoccc ded to state what he proposed proving on
the part of the prosecution. The charges were
for official misconduct and an enumeration of
those brought forward was entered into by the
counsel, who proceeded to comment upon each.
Among other things it was charged that from
the cargo Of the schooner JOS. Settlers, confisea-
ted and sold here for smuggling some time since,
the accused had apr oprated to his private use
nineteen boxes of cigars.
1t was also stated that, being intrusted with
$4,000 Of the proceeds of the sale of the said
schooner, by the Marshal, for safe keeping, he
brought in bill against the vessel for expenses
incurred, amounting to 81 100, when the actual
expenses were but $500; and it was charged that
the accused proposed to the Marshal that this bill
be paid and that the false charge, or excess of the
real amount, (the sum Of 5000 be divided between
them.
In the case of the Br. Barque Southern Belle
which was run into by government vessel some
time since, and claim laid to damages, which
were assessed at $4,000, and which amount it was
stated was actually paid over to the Collector. it
was charged that the accused delivered into the
hands Of the CAPITA Of said vessel but S. O00 re-
tanning the Captains receipt for the whole amount
and appropriating the balace to his own use.
The above are some of the charges brought for
ward and enumerated by the prosecuting attor-
ney. The witnesses in the case were called, but
before an examination proceeded, Mr.. Adam En-
pie, counsel for the defence, asked postpone
ment of further investigation. as he had just
been informed by his client of the Inaterialty Of
some papers in Washington, which he proposed
producing, and in order to do so, asked that
time be allowed. He further stated that his CLIENT
who had just been arrested was unaware until
that moment of the nature OF the charges brought
against him, with the exception of one; that it
was important he should have every facility for a
6efence-he did not shrink from, but demanded
an investigations and in order to do so, requested
that opportunities be granted After some dis
cussion regarding the time, between the counsel,
the Court announced postponement of the in
vestigation until Thursday next the Goth instant
The defendant required to enter into a bond
of So. 900 for his appearance, and the witnesses
were recognized in the sum az $500 each.