The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-14
THE DIAMOND SMUGGLING CASE.

The case OF The United sta es VS.. II. c. Justice
who is charged with having conspired to smuggle a
quantity OF diamonds from England into this coun-
To, was TO have been resumed yesterday before
Commissioner Osborn but at the hour named for
the continuation of the inquiry Mr.. KNITTING, coun-
sci for the defendant, appeared IN court with his
client aud stated that he was not well enough TO
proceed with the matter. There was, therefore, q
further adjournment.
This u 6fe of those cases tempting to collision on
the part OF officials with the principals IN default If
the latter would only come down with q considera-
ton. Colonel Whitley claims to be the informer
who brought the case to the notice of the author-
ties: and the other hand. the claim to the in
formers moties are disputed by the principal w.t.
ness in the case. The case was originally the United
states against Radcliffe, the latter oeing charged
with having struggled a valuable amount OF da-
monds into this port, which were subsequently
seized through information given to Whitley 1t
will be remembered that man named Esmond
acted as agent for the sale OF the
diamonds Esmond alleges that he is the
real inTormer an Justice discaims all intention OF
looking Tor any portion OF the '.mocties," though
he was the principal witness FOR the government on
the prosecution Of Raacllfle. II IS asserted that
ley and gave him information as TO the dealings OF
Radcliffe they were Informed that their evidence
the trial, and that they might rely upon
the prorection OF the government This lat
ter statement, however, has been denied by
government officials so far as it relates to
Justice, though 1t Is admitted that some promise OF
protection was held out TO Esmond. the evidence
as given up to the present time shows exactly what
the relations of Radcliffe and Justice were meeting
as they did In London perfect strangers to each
other. II Is for the Commissioner decide upon tins
point. But the question Is, what purpose Is now to
he gained by the prosecution OF Justice,
after the government has consented to restore
Radcliffe mis- diamonds on the payment Of
$500, and already received that amount
The greater portion OF the testimony when
led to this result given by Justice; and Is stu
gular to note the fact that there was not one word
about the arrest of Justice until Esmond put In his
claim 10 he considered the informer, ne having, In
conjunction with Justice waited upon Whitley In
the first Instance and told him all they knew about
Radclifcs transactions. IT the Secret Service De-
parment considered Justice guilty. why did 1t not
arrest him after Radcliffe had been held by the Com
missionerp Why wait until the action OF Esmond
raised suspicion that Justice, too, will Ego in for
the m0etics9u
This case is one that Is exciting strong suspicion
against the Secret Service Department, which has
shown an over anxiety to get its intormer's share
out OF this business IL IL all right and proper that
the government should have information of any
wrong done or attempted to be done against It.; but
the hope or reward for aY0rdng information OF this
kind too often induces men to exceed the bounds OF
proprety and strain the law to an unjust limit when
It should be used only with moderation and hot as
cloak TO personal gain.