The New York herald., 1871-02-09
S M u G GLIN q.
Charged with smuggling-Scenes
ct the Examination.

There have come up Of late several cases OF
smuggling in which the parties arrested were
charged by the Custom House authorities with
secretly conveying into this port from abroad
valuable goods. such as aces. silks, velvets. da-
monds and other dutiabe articles, In violation Of
the revenue laws. Among the latest OF these cases
Is that Of Radcliffe, charged with smuggling
large quantity OF valuable diamonds from
London, whose examination is still pend
ing before Commissioner Osborn. The present
case Is that OF the United States against
Andrew Wright and Robert Smith, officers Of the
steamer Europa, who are charged with having
smuggled Oh board that vessel valuable laces ana
silks, and further charged with being, In connection
with these smuggling TRANSACTIONS In COLLISION with
hrm doing business IN Churcn street, as will be
seen by the report Of the proceedings taken before
Commissioner Shields, as reported below. The
lively tilt between counsel for the defendants and
the principal witness tor the prosecution viii be
found not the least interesting portion or the eyami
nation:-
The United S,dtes rs. Andrelo Wright AMI Robert
SDaah.-Wnght Is purscr and Smith storekeeper OF
the steamer Europa, and they are hoth charged
the steamer mentioned, large quantity of ace5 and
silks. concise put comp elensive account or the
transaction appeared in the HERALD OF Sunday.
Toe defendants were represented By Judge stuart
as connsei. Mr.. A. Ii. Purdy appearing ior the gov
TESTIMONY FOR THE PROSECUTION
The hsst witness examined was James = Chalker,
saa:-I arrested ihe dcfeadant, Wright III New
Jersey; had a conversation with him; lie was then
III tae custody Of Chef Fowler at the police station.
A TINS point counsel interpos d for the purpose
OF seeing now lar his evidence was adnissible. In
reply To the Judge, me witness sald:-lhe ueien-
dant. WRIGHT. knew was an olicer OF the govern-
ment; tod nln so; did not give aim 70 understand
| that he was unier arrest on a charge OF smuggling
goods had no conversation with ann about counsel
=
| II he told AL he knew the government wo4ld be
issa wasa , saw % h% onnton IN the PoIlcs
| The matter ~ he said there was nothing only
litle troubles next saw the prisoners IN tile court
| troduced BY Chief Fowler; showed The Ccmmis.
sioner my warrant, and theu Lad n conversation
/ Fowler; after this told Wright that thought
knew the party TO wnom the goods belonged;
wroe cue name ~ 0i the parry on pecs OF paper ana
! nor got the name OF the street-WIson n Gilt
| gan, 1873 Church street;'' had further conver-
sation with Wright Oh the subject coming over to
10 Judge stuart-After coming from the police
oiice To the boat at Jersey city had another
| versation with Wright; l asked him what he
brought on the asr trip ana what those parties paid
hIm. and whether they always paid him cash. and
also SAID to HIM that the government were always
disposed 10 be lenlenL to parties who In cases OF
this character told the truth.
Counsel for defendant objected to the testimony,
because q confession as TO smuggling could not DC
put in evidence until there was some proof given
Mr.. Pugdy submitted that there was no threat or
ipdueement Implied IN the language employed BY
COunsel-Did yol ut any time have any converse.
ton with Wright to the effect that you would secure
himself and wife employment
Counsel-Yoa must answer; your manner is very
Witness~That's good.
Counse-You must answer. Did you say TO him,
before you brought HIM before magistrate, that
you would get him stuauon2
Wuness-NO: did not.
Judge Stuart contended that there was an induce
ment held out TO the prisoner while Under arrest, to
make statements TO Chalker.
The Commissioner lett the question open for dis.
cussion for tile present.
The witness, cont,nuing-I asked Wright II he
brought yihng over on the previous trip: he sad
"No;' but he said he had brought number OF pack
ages winch contained SILKS ant laces: asked hun
what he was to receive Tor them; he said f2 pack
| age; keo him VINO the goods were In charge Of
gu the voyage ne SAID the stcrekeeper: asked hin
/ II he Thought the storekeeper would he on board
ne SAID he thought 50; went on board The steamer;
1 not say much unless Wright would let him; Chief
Fowler walked along with Wright and walked
thought they had better own up he wnoe thing
z. Ola you not tell the prisoner tWrghtl that IL
| was not he tnat was wanted: tnat IL was otners
that II he tod all nc knew he could so 10 sea az
OnceY
witpess-No; nothing In regard to going to sea.
O. DON'T qualify II. Did You say anything to MIN
Ike this--that 1t was not he that was wanted, but
0tnersl
O. Did you give him to understand that II be
afforded Information ut once about all he knew he
would be permitted to 60 away % Europe?
Nltnes3-No.
O. Are you sure nothing OF that kind was said be.
tween You or bms
NltneSs-ieS.
Judge Stuart--God help yon; ami would not say
that only Tor the Information have about the wit
ness, whose memory VIII prove to be the worst in
the world.
Counsel then argued that the statement made by
the withess ChaiSer to Wright was threat. and
should therefore be ruled out.
The Commissioner reserved his decision upon the
point Till Friday, To which day the case stands
adjourned