The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-12
TIE DskMoHD SEIU GiGgIaG CASE.

Further DevelOpments-Fhc fnformer's story.
The examination In this case. still pending before
Commissioner osborn, was ie sumed yesterday.
THE INFoRMER's TESTIMONY.
T. s. Espiond who claims to be the informer, was
examined By Mr.. Kintzing on the part OF Ii. q. JUS
tce who Is charged with having conspired with
another TO smuggle the diamonds, worth $4,000,
iron England into New Jersey. Esmond deposed
that he CLAIMED TO have given the first information,
ana fled his clam for the normers moletles.
When he put In this claim he found that Colonel
Whitley, Chief OF the Secret Service Department,
had also flied claim to the same effect The mat
ter then referred to Commissioner Osborn TO as
certain the exact status oil the parties.
in reply to counsel EsInond stated that he had
summoned Justice before Inc Commissioner as .
witness on his behalf TO establish MS claim as in
former against the Claim fled by Colonel Whitley; 1t
was after that and before Justice had appeared as
witness before tie Commissioner that Justice was
arrested near the United states building on charge
OF smuggling the diamonds which A. c. Radcliffe
had, as already appears by the Testimony, brought
over from England In the same steamer on which
Justice was also passenger.
In answer to M. DE Kay, who appeared as counsel
for the government, Esmond admitted that he had
acted as travelling agent Tor Radcliffe the sale Of
tie diamonds in the United States, and That at the
time he gave informal againt Radcliffe he u.s.
mond) was indebted 10 him Ia the sum Of $780, He
had given bond to Hadcline, Justice being
security.
A. q. Ncwcome testified that he had warrant
in his hands, issued By Commissioner Whitehead OF
New Jersey, agains: justice iot smuggling the da-
monds; he had consulted WIZ MARSHAL Sharpe about
the matter, ana in conse4 pencc OF that converse
ton he came before Commissioner osborn and
made tie .idavt aeaiass JUSTICE iov colspiring 10
sm ugg.e tie diamonds; coo.ei Hnitiey all nor
want Justice to be taaeu awaT from the CITY pend
Ing tie inquiry as to wlere ts in.ormers rights lay
". IL. Russell Theoic =. Perkins and DR.. j. Al.
CLARKE testified I'D iaNoc o. lhc character Of Mr..
Justice.
radcliffe was recalled, and question as to
whether he mad ever resolved letters through the
+. post from London from his fafher containing
diamonds, was put to HIN D. counsel for defendant.
Counsel for government objected.
The commissioner sad bie witness might answer
unless The answer tended 10 eliminate hiin.
The witness replied IN - he declined to answer on
the ground that the answer ouid tend TO eliminate
him.
Mr. Justice made s,ateaert to the Commissioner.
commencing with his nras meeting with Radcale
at EusOn square station, London, as already dc.
tailed IN the HERALD. Inat part OF Mr. Justices
statement referring 10 The claims OF the niormers Ia
this business Is In the following words:-
18th day of January last Mr. F. s. Esmond
and said he hal up mis- mind TO expose
Whitley (Shes Of the sea s1rs-e1 Tor him. whe did
Iansements with Colonel ni;Icy that Esnond was 10 ne
considered the governments ieEi an IN no wise 70 be Ia
Sgled a this Colonel whltey said
Mr. Esmond and myself would b. entitled to nocy in
formers should Of the oaer te seized and
discaimed then 70 am % now 70 you and as I'D in
wish or desire to participate pecuniariiy in any
money obtained by the government In this case.
AZ the same time ! Communicated to Colonel
Whitley what atou. the clac and my testimony
important hs said he would have to cal upen me
. witness .or the government Ju this capacity
called wnen i.adcine wa. arrested and examined
witness before the Commissioner this testimony
e,ns il 70 be my duty as good citizen to 40 80 wncn
called upon. did not aid assist Eadcine 10
diamonds nor did intend to in any way ali or assist "a =
cheat the government OF derlyablc
from. have never aided Mr. kadclile 10 any way - is
pose OF those struggled diamonds, an he admits Ills
examination betore the Commissioner in this case Ia
Interested recuniary In their sale and hys
been. subsequently g Mr. kalcies release on pal AID
the restoration Of all his diamonds which ha1 been sciL
and BY biz paying, to come oniciai the ss.a q
k4,5Q0, which, as = he admits his eYaminGtll on,
paid TO- Inc District Attorney IN order to proven hs
trial perhaps conviction Mr. Esmond who the in
former the case NED claim against the government vt
the time Colonel Whitley claims he the inormer,
and the ia referred TO you Mr. COMMISSIONS osbora
determine who the informer On the "a day May
while attending before you and abou, to De examined as
witness behalf OF Mr. Esmond who claims 10 be the
former, and AGAINST Colonel Whitley deputy marshal
UP and arrested me on charge OF implicitly ~
fraud tae government out OF s revenue on the diamonds
tue out was made believe, at the instance OF Colonel
Whitley by one OF his subordinates.
Tue case Ia still on.