The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-09-08
NEW YORK HERALD, TUESDAY, SEPTEMBER 8, 1868-TR

proved 70 be not very strong whiskey, seveneghths
being water and one-eighth whiskey; the forty -four
barrels were branded In bond and consigned TO the
First district Of California; do not remember the
brand that was upon them, nor do know what be-
At this stage Of the proceedings Mr. Courtney
stated that he wanted to examine the witness In
reference to certain entries in the distilery books
that no such examination could take place unless
those books were produced In court. -
MT. White declined to crossexamine the witness
until MS direct examination was entirely nnlshed.
He wished 70 state that sufficient explanation would
be rendered In regard to the allegation Of Mr. Har-
had reason TO believe that the witness had related
falsehoods he would ask the court to hold him under
bond to appear for crOss-examination.
After some further discussion the investigation
was ADJOURNED TILL Wednesday at one O'CLOCK
Tho Gomez do Comic Inbroglio-The Defen-
dant De CentO Held 10 Bail.
Before Commissioner Osborn.
The United States u.s. Jose FerTer de Conto.-This
case the particulars Of which, IN erteaso have al
ready been published in the HERALD, was before this
court yesterday morning for examination 1t is the
case in which SeNOr de Comic is prosecuted for al
legged assault upon Seller Gomez, Minister from Hon
duras to the United States
the Commissioner at considerable length, arguing
for the discharge of his client on the ground that
prosecution for assault could lie for words spoken
unaccompanied by any physical attack, and chat it
was not the Intention OF Mr.. de Comic either to
assault Mr.. Gomez or provoke him to a duel.
made an address in opposition to the motion to dis
charge the defendant claiming that the language Of
Mr.. De Comic distinctly conveyed the threat to con-
ditlonaly slap Mr.. Gomez in the face at the inter-
view at Delmonico's, ana was accompanied by a
menace In the raising OF his hand az for that pur
pose
The Commissioner denied the application to dis
miss the complaint.
MI. Morange then called Se1or Robustiano Her.
CUES to the witness stand. This gentleman was the
person who, 1t was claimed, was sent by Mr. De
Conto to Mr.. Gomez TO arrange the preininaries for
o hostile meeting.
Mr. Hergues testified substantially that he was not
charged by Mr.. De Cont0 to arrange q duel or for
any purpose having that aspect, but merely to see
Mr.. Gomez ana have au understanding with refer
ence to the dtculty and the probable course or its
settlement. Mr.. De Comic. however, In mstructing
him had made remark the effect that II he ever
met Mr.. Gomez IN Europe he would settle the matter
there with him in accordance with the custom
usually adopted in Spain by gentlemen where ques-
tions OF honor were involved.
Mr. De Conto, by permission OF the Commissioner,
mace an unsworn personal explanation, through y
sworn interpreter, claiming substantially that when
with view OF having explained some erroneous
charges made against him in Mr.. GOmez's published
pamphlet, and with no intention OF using any physi-
Cal force.
The Commissioner finally decided to send the case
before the Grand Jury, holding Mr. De Conto the
sum OF $1,000 to await their action.
The Post OGlce Robberics.
Beverly Clark, one Of the parties charged with
having conspired to defraud tho United States by
causing less quantity Of articles to be delivered
the various Post Oices than was enumerated in the
acquisitions, and having the bills for the full
amounts audited and paid, was brought up before
bail to await an examination on Wednesday next
The accused was arrested in this District.