The New York herald., 1872-10-24
BUSINESS IN THE OTHER COURTS
sMrEs STATES csMsss.sAeas, COURT.

Transporting Fireworks Iva Passenger
yesseis-Impsrtaat 10 shippers.
Before Commissioner Belts. gt.
The Uaited States VI. George Parsons.-The de-
fendant. who carries On business at No. IL Park
place, IN this city. charged with having the
I'd OF October, attempted TO ship nine cases, con-
tanning fireworks, sky rockets torpedoes and Roman
candles, for Selma. Ala. on board the steamer
Charleston. without having the contents OF the
boxes branded or marked on the outside.
Mr.. De Kay appeared for the prosecution, and
William G. Barrett was counsel for the aefendant
EVIDENCE FOR THE GOVERNMENT.
Edward Martlng called as q witness for the gov
ernment and swurn-He says, l am receiving
clerk for the Charleston Steamship Company at
pier 90 foot OF Warren street: the LIST of October
thereabouts. received certain cases from G. s.
Qumby; l examined the last lot he shipped; 1
called = cooper to open the cases; that was on the
I'd OF October; there were nine cases in the last
lot he shipped, the cases were wooden boxes;
they contained t0rped0es, skyr0cketS, Roman can
dies; the cases were marked A. J. skinner, Selma,
to designate the contents: the receipt which
gave the cartman for the boxes stated that
sy so%a n1y o think ne was as arvns
the truck all | know about receiving them
from y. $. QuimDy is receiving them in that way;
We did not receive duplicate; signed the re-
ceipt; do not know who The carman was; the re-
cept read "From c. s. Quimby;n the carman who
whom tie cases came; those cases were brought to
me for shipment; they were not placed on board.
when he shipped lot before one OF the cases was
broken open on board; think have at other
times received cases from the same person. G. s.
QuImby but do not recollect when it was; those
goods were shipped as fancy goods on the steamer
Charleston, passenger steamer; this appears on
the receipt.
Stephen Tallman, sworn and examined for the
prosecution IL am shipping clerk Tor George Par
sons. doing business at T. Park place; Mr.. Parsons
"a ,S Ss,fa nN.lJ Al nentU rku Epnv
OF his shipping the articles on the Charleston, on
the second day OF October; l superintended the
shipment OF those articles; had them packed; do
not recollect when those packages were packed;
do not recolec distinctly il the goods were packed
ON the I'd OF October; the packages were marked.
"a j. skinner, Selma, Ala.;n there were nine
cases. there were no other marks on them but
what have stated; l delivered them to our car
man, q. 5. Quimby, and made out
CLERK at the pier; have not that receipt with me-
| did not give any specific directions to Qnimby
when he took those goods; none more than usual; /;
told him, as in all matters OF fancy goods to take
them to the pier OF the Charleston steamer and
George Parsons was at his ofce No. IL Park place,
on the first or second day OF October; 1 do not
know; he did not ut any Tine give me instructions
as TO the Shipment OF fireworks; have been six
years in that oilice rs shipping clerk;
never at any time received from him or
from any officer over me any orders in re-
gard to the marking of cases containing
fireworks which were to be shipped on board
passenger vessel there Is not more than one ship
intends the shipment OF goods of this character;
that Is my department entirely; | should think
have not at any time received instructions from
Mr.. Parsons to snip fireworks as fancy goods; the
contents Of those boxes were fireworks, torpedos
anu some firecrackerS, guess
This was the case for the prosecution.
MOTION TO DISMISS.
Mr.. Barrett moved to dismiss the complaint on
the ground that the defendant knew nothing what
ever OF the shipment or the goods in question, and
never gave any directions about them or knew that
those boxes we're ever marked. There was no tes
ShlDDed
had any more interest in shipping them than the
Commissioner himself. Before criminal knowledge
could be charged upon the defendant some
offence must be brought home to him. and no
guilty knowledgewas proved against the defendant.
There never was, and there never would be, such
law as that principal could be charged criminally
for the act Of his subordinate. Mr.. Barrett in the
course OF his remarks made ausion to recent de-
cision in a case similar 10 the one under inquiry,
rendered by Commissioner Osborne.
Commissioner Belts said that his impression was
at present against Mr.. Barretts view OF the case,
but he would consider 1t carefully and give his de-
cision on the motion to-day.
The case wAS accordingly adjourned,