The New York herald., 1871-02-14
S M U G GLIN 6 F..
The Case Of the Officers Of the Steamer Eurcpa
Charged with Smuggling Laces and silkS-
The Star Chamber in Jersey City.

The United States Us. Andresc Wrfohs ana RoosyA
!Snttl-The defendants are charged with smug-
Cling quantity OF laces and silks into this comtr7
from Europe on board the steamer Europa 81
which Wright was purser and Smith storekeepers
IL is charged that Wright gave bundle OF the goodd
to man named McCuiom, in Jersey City, for the
purpose OF disposing OF or delivering them. MO-
CuIlom was arrested with the goods in his posses3
sion, and is at present IN Jail in Hudson county,
Judge Stuart defended the prisoners. The govs
eminent was represented by Mr.. A. Il. Purdy. ~
PORTION OF TIE EVIDENCE FOR THE PRosEcuHoH
RULED OUE
On the former hearing question arose betweeM
the counsel both sides as to whether the statement
OF James 5. Chaker, special agent OF the Treasury
Department, to the prisoner Wright, that the gov!
ernment were APT to be lenlent TO those who told
the TRUTH amounted TO an induccmenr to hlm to
make confession. The Commissioner yesterday
ruled that it was an inducement and struck out Mry
Chaiker's testimony.
TESTIMONY OF cOMMIssIoN MUIRHEAD.
Mr.. William Muirhead United States Commiss
soner, Jersey City, was sworn. He said:-The prfa
soner, Wright, was brought before me in Jersey
City.
State what was said by him to you.
Objected to by Judge Stuart.
Witness In continuation-I told Wright that anyx
thing he might say would be taken against h,m aa
evidence; he was before me but once; held no exs
animation or the man; as soon as he was arrested
found it WAS New York case, ana passed it ovef
to New York; put the prisoner into Chalker's cuss
rody; Chalker and went into private room with
the prisoner Wright; did not ask the prisoner any
questions; Chaker asked him questions, and kept
up the conversation with the prisoner; what the
prisoner said was addressed to Chalker In my
presence; am not sure that Chaiker had any con.
versation with him before rhat cannot state what
passed between Chalker and Wright before Wright
was brought into my room.
Counsel objected to the evidence, on the grounG
that 1t was fatal to the prosecution. He objected To
the magistrate going into private room wlth
Wright to find out what he had to say about smuga
gling and elicit from him answers that might ima
peril his liberty The magistrate lMr. Mlirheadl
was an excellent man, doubt--a good officer; bud
here was prisoner charged with felony, and Mr9
Muirhead's duty In the matter was plain and simj
The prisoner into his private room. what
part or his function as magistrate waS
it to eicit from the prisoner statements that might
lead to the discovery OF facts in tins Smuggling bas,
ness and then let the oifcer wiring from him by
shrewd. subtle, cunning questions confession Of
guilt? lie Judge Stuartl asked the COMMISSIONER
in the face OF Heaven, II that was within the nten-
ton OF the law on the subject. Was the great govs
ernment of this country 10 come down to trick and
devcef Was this rlghts Was there no sense 01
propriety? Was there no sense OF sname9 The
Court ought to stop this thing at once but he Judge
Stuart said nothing whatever against Mr.. Muirhead,
The Commissioner ruled that the testimony waa
Counsel claimed that there was no evidence
against the prisoner that he had committed any
offence What proof was there OF the charger
The District Attorney SAID, the defendants arg
charged with smuggling; the afdavits in support oi
the cnar~e were near al hand.
The commissioner said he would admit the evf5
dence and give Judge Stuart the benefit OF an ex-
cepton.
Wright If these goods belonged to MIN; al lrst
ne said yes" Cnalker then said to hlmss
tfey did not belong to him; Chalker said
he would write The name of the party
to whom they did belong, and he asked me for q
piece OF paper; gave him some. and he wrote some
name upon it and go dld Wright; Wright SAID.
..You have not got che number;'' the number wa9
then put in by Chalser. and after that Wright said
lie would answer no further questions until ne had
counsel: cannot say Ii Chaiker was present then
Cross-eXamined--I do not remember, when the
prisoner said he wanted counsel that Chalxer sad.s
counsel; there were no goods present.
TESTIMONY OF MR. FOWLER.
Mr. Fowler, Chief OF tue Police In Jersey City, de-
posed that he was present when the prisoner wa0
brought before Commissioner Murihead; witness,
Wright. the Commissioner and CnalKer went intd
the private room ana had this conversation, as de.
tailed in the evidence OF Mr. Murhead; before the
prisoner was brought into the room the Commsl
there.
Judge Stuart-what was then saida ,
Mr.. Purdy objected, as the prisoner was not pres
Judge stuart-l want to show that the prisoner
was entrapped into tnis room for the purpose Of
getting confession out OF him.
Witness continued-I remember saying TO ting
prlSOuer tHdL IL was very IOf persons TO geQ
into trouble; / think Cnaiker said to the prisoner
Wright IN the Commissioners room, and while the
anti 10 nc m seose saa as se
did not hear the Commissioner give any advice To
the prisoner
To counsel for prosecution-I brought the prisoner
Wright into another room, where McCullom was
and asked hun TO identify the man who owned the
goods; he pointed out Wright as the owner OF the
gooas; Wright stood up ana said 'fhat is all rights
To counsel for defence-Ibe goods were locked
up in my otllce; McCuom is locked up in the
County Jail OF HUDSON.
TESTIMONY OF OFFICER CARROLL.
Mr. Carroll, officer of the Jersey police, who
arrested Wright, deposed that there was a mistake
In the warrant; he asked Wright II he was the
purser OF 'he ships witness MIN to the station,
where McCulom Identified him as the man who
gave him the goods; coming over to New York on
the boat Wright said, "What am I to do about thia
matterr' witness told hm 10 keep his mouth shut
and that they would find out If he was the right
man; Wright offered witness gold ring with q
stone it, cannot say II 1t was diamond; witness re-
fused to accept the rng. ~,
The further hearing OF the case was adjourned tn
to-day.