The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-21
THE DIAMOND SMUGGLING CASE

THE DIAMOND SMUGGLING CASE
--~~~~~~-~~~>~>~~~~~~~~
No DsSssion BY tho CoumIssioser-The Defbus
dant Elects be Tried by Jury.
The further hearing OF the case Of the United
States vs.. II. q. Justice who Is charged with con-
spring TO smuggle diamonds into this country from
England, was resumed yesterday, before Commits
sioner osborn.
Mr.. Purdy appeared for the government and Mr..
W. f. Klntzing for the defe ndant.
THE SUMMING UP.
Mr.. Knitting said that on the first day OF the ex-
animation Mr.. Newcomb stated that there was q
warrant issued for the apprehension OF Mr. Justice
by Commissioner Whitehead, Of Jersey CITY, and yet
he now understood that the charge against him was
upon o separate afildavit sworn to by Newcomb.
lie wanted to know upon what charge he was TO
address his remarks TO the Commissioner, whether
Of smuggling diamonds In New Jersey or upon the
charge or conspinng to defraud the revenue in
New York.
The Commissioner replied that counsel was TO al
dress himself TO the sacts stated In the warrant.
aff1davit and evidence.
Mr.. Kintzing then proceeded to sum mp the tesSi-
mony for the defendant. He denounced the case as
not prosecution, but persecution, and disgrace
to the officials VINO represented the government in
this matter. An innocent man was now before the
Commissioner. and the Commissioner, as q minister
Justice, should protect him. Tue facts OF this case
were allowed TO slumber for three months from
Janudry to April during which time there was no
charge preferred against Mr.. Justice unlil 1t was
made by Newcomb, . dangerous tool IN the
hands OF cunning knave. Mr. Justice haa
acted In q manner deserving OF praise anu Not
OF censure persecution. THIS was vilo,
wicked conspracy-vlle In the extreme. Counsel
commented on the fact that Radcliffe had
brought the diamonds with MIN nom England,
coming here under an assumed name, rnat OF
while In this country by his father who ~ IN Lon
don. Radcliffe had sworn, IN this case that he mad
got back all his diamonds on payment oil $4,000 10
the government. Did his Honor believe that state
mentY Whitley might
but no could not the honorable gentleman whom
he was now addressing, and who had been well
styled BY the press an independent MAGISTRATE IL
Whitley had been selling Radclfies diamonds to his
officers and suDordlnates.
Prosecuting cOuDsel-Ihat Is admitted, but 1t has
nothing to do with this case.
MIR. Klntzing-This man Colonel Whitley Is Chief
OF the secret service Department. but why had he
converted himself into diamond broker I He was
supposed to pc good and pure cuizea.
WHITLEY SOLD RADCIIFFE'S DIAMONDS
for mere song Public opinion would see to 1t that
II THIS citizen went down the head OF some public
official would fail. too He called upon the Court to
dismiss the case as there was no testimony to cor
roborate Radcline, who had sworn That Mr.. Justice
10 have no pecuniary Interest IN the sale OF the
diamonds.
Prosecuting counsel REPLIED and gave history or
the case contending that IL was Justice and Esmond
who had led Radcliffe into smuggling the diamonds
Justice had helped Rauciiiie TO pring the diamonds
into the country he introduced Radcliffe to
diamonds throughout the cOunuy but when Rad
cine found out that he was being roDbed by these
money they wanted, having previously given them
considerable sums, they determined TO bring the
whole force OF the government to bear upon him
and crush hlm after having robbed him. As TO CON-
pounding the felony, that was done at The IN
stance OF
MIR. BOUTWELL,, SECRETARY OF THE TREASURY,
who believed that Radcliffe was green young Eng
lishman, VINO had been led into this crime by JUS
tlce ana Esmond, and the government was deter
mined to send these Two parties TO the state PrisoR
II they could.
claimed TO he the informer, ought to consult ms
ne Assistant District Attorney replied that as to
compromising this eiony an Indictment was hang
ing over radcliffe; no nolle prosequi had been en-
tered anu the receipt OF the $500 was 10 pay tins
ment; but II Radcliffe kept away from men Ike
these ne would not get INTO trouble again, Asto
COLONEL wuiTLEy'S SELLING DIAMONDS,
that had nothing to do with this case. He was not
there to defend Colonel Whitley, and If he sold a
Thousand diamonds day 1t had no force IN this de-
fence. The only remark he would make on Beatty's
evidence IN regard to whitleys purchase OF the da.
been dismissed from the secret service Justice and
Esmond knew that diamonds were coming from
to Sell them. Justice gave every facility towards the
smuggling OF the diamonds; he helped kadciine
under r'A which '' Esmond was to acs as agent
for the sale Of the diamonds. Counsel for
not use the commissioner, though ne said he could
use the District Attorneys office. He (Mr PurdyI
stood there by the District Attorneys directions IN
prosecute this matter, and he would do SO TO the
Test Of his ability.
Mr.. Purdy In closing said that II the defendant
Justice) consented to take his trial before Jury he
(Purdy) would show that he was guilty of COLI
splracy.
Mr.. kintziDg-Do you mean that. sirs
Mr.. Purdy-ies.
Mr.. KihtMng-If you had said that before you
would have saved US a great deal OF trouble. WITH
out calling upon the Commissioners to pronounced
any decision we accept the offer or the District
Attorney and Mr.. Justice is ready to take his trial
before jury.
f. O. Esmond, who was also present during the
examination, was Informed by the commissioner
that there was evidence sufficient TO Justify his
being sent TO await the action OF the Grand Jury on
charge Of conspring with Radcliffe and Justice to-
smugge the diamonds.
Esmond--I protest against this and say here
IN THE PRESENCE OF THE PRESS,
that Colonel Whitley promised me the protection or
the government ir gave Information IN this Case.
Mr.. Huntingdon made mistake In relying upon
what Whitley told you.
The CoInmssioner-The government, through the
District Attorney, Is the moving power in this cascj
and the promise made by Colonel Whitley does noe
bind the government unless IL IL assented to by
unless IL comes from The President or some Ofccu
OF the government authorized to make II.
Esmond who appeared quite excited, said he was,
sure that Jury Of his counrymen never would
convict him OF the odcnce charged against hlm.
The Commissioner-The government holds that, In
prosecuting party for an offence, II 1t should turn
out upon The evidence Affecting II that another OF
other parties had committed crime, they reserved
to themselves the right OF prosecuting those partes
and II such parties on trial claimed promise OF
protection it would be for The Court to say how far
the promise was binding. lie then informed Es.
mond that he would allow him 10 go until three
O'Clock to get bail for his appearance at his trial
Justice who Is ont on ball. then left the court with
his counsel, Mr. Kntzing and so for the present hai
pr