The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-30
UNITED STATES ClaculT COURT.
Motions In Arrest of .Jmdgment-Crlminn
Ifuaiuess.

Motions In Arrest of Jmdgment-Crlmina
business.
Before Judge Benedicr.
Judge Benedict sat yesterday and heard some
motions in arrest of Judgment upon prisoners who
had been convicted before him In the recent term
Of the court.
ALLEGED PERJURY.
In the case Of james S. Woodhouse, who had
been found guilty OF perjury In swearing in afll-
davit made before Commissioner Osborn that he
owned certain lands in Brooklyn, when, as the evl.
dence showed, he had no right or title whatever to
the properly, Mr.. Charles 5. Spencer, counsel for
the defendant. moved an arrest OF judgment on the
ground that the original papers In the case were
not suMciently slGclfc TO coaier jurisdiction on the
magistrate The papers merely followed the
single fact ana some fact Should be stated to snow
that an offence had been committed. .
Mr. Davies United States Assistant District
Attorney, maintained that the AFFIDAVIT was sun.
C1ent for every legal purpose.
Inc Judge LOOK Inc papers, and reserved MS de-
SMUGGLING CASE.
In the case OF Jonn Talbot who had been con.
vicIed OF smuggling, motion was made In arrest
Qi Judgment on the ground that the Indictment was
pad. The Judge rendered brief decision, sustain.
ing the Indictment
SMUGGLING GOLD WATCHES FROM EURoPE-M-
PoRTANT QUESTION OF JURISDICTION.
Charles MarXsen mad been found gully on an IN.
dictment charging h1m with having struggled sew.
eral gold watches into this port from Europe. His
counsel, Mr.. Samuel q. Courtney and Mr. Il. +. Rus.
sell, argued motion for arrest or judgment on the
ground thai the Indictment was bad Tor several rea
Sons. Yesterday Judge Benedict rendered his de.
cisloD maintaining that the indictment was good IN
Jaw. HIS Honor said ne did not touch the question
of jurisdiction, as MI. Courtney had informed nm
that he would hand IN brieI IN relation TO that
matter.
cOntendlng that smuggling and clandestluey intro
ducing into meant conceaiment, secrecy, fraud
the deiendant was Indicted for Smuggling, ana
counsel claimed that the Circuit court OF the
Southern district OF New YORK has no jurisdiction
. OF the offence under the statue. The goods must
in:O the United states ana have been subject to
duty 10y law and which should have been lnvoiced,
without paying or accounting for the duties &C.
Where was The invoice TO be SHOWN or MADE, or
cns pase e s o K "a jersey c
the goods were taken in care OF q government in-
demanded invoice tnere anu the goods were taken
from the custody or tie defendant there. Ii any Of
fence were committed he committed 1t In Jersey
CITY State OF New Jersey. All the form ana para.
phernalla or bringing The goods 10 New lork aiter
being taken from Inc defendant cannot alter the
meaning OF the statute The iur her provisions OF the
statute show that all the violations OF The same must
be committed on land, that Is invoicing without pay
ing or accounting i0r tie duties, passing or attempt
ing to pass through the Custom bousefase Invoices
Ali things detained IN the evidence show that any
mltted III the State OF New Jersey. There Is great
distinction between criminal anu civil proceedings
the former must be pursued strictly according TO
the letter OF the law; an offence committed within
the United States must be tried IN the state and
Judicial district within which 1t was committed. II
the Court can possibly hold that this Is indlct
ment Tor importing, then this offence was iirst COM
nlIteu III tue EASTERN DlStrlCt OF new lOrk, where
the steamer flrst touched the United States-viz.,
sandy hook-or second at Jersey city, at the dock.
II the Court holds as 1t must under the Indictment,
that the offence was in smuggling and clande5tieey
introducing INTO the United states, &C., the offence
was committed Oh land, on the dock at Jersey City,
where all power and control over the goods was
taken rom the defendant. The Court had no jurls
dicon and judgment must be arrested.
MY. Courtney concluded by observing that the
question was nice one and he had no doubt HIS
Honor would look closely into 1t.
Judge Benedict said he would 90 SO, and as he
him for the purpose OF postponing the passing OF
sentence upon Marxsen time could be given to the
DISTRICT Attorney 10 prepare a brief.
MIR. Purdy on behalf vi the government, observed
that brie embracing the views OI the prosecution
on The subject, would be handed to his Honor.
II IL understood that q civil suit has been COM
menced IN tue United States District Court Tor the
condemnation OF the watches, and that Marxsen
Will he examined there a witness on his own
behali, thus enabling him TO tell his story and
give his own account OF what lie intended to do
with the property seized from hun.