Wilmington daily commercial., 1875-01-14
SECOND EDITION.
u. s. Court.


IN THE SMUGGLING CASE OF THE U. 3. vs. VIM
H. ELLEo0oD.
The United States Court resumed the case oil
the U. S Us. VIM. H. Elegood, indicted fol
ueging, and Capt. Ford Lubker remained OF
the stand, testifying that he did not see the ac
cnsed in the boat, but Joshua Ellegood.
On his cross examination Capt. Lubker did
not vary his statements from his examination IN
chief. He admitted slight acquaintance witt
Wni crosby, but denied the expression of Il de
termination to convict him aud his brother be.
cause they were from Massachusetts,. He stated
further, however, that when he passed Capt,
Williams boat on the night the smuggling .wat
alleged to have been done that there was q
small quantity of bags or old sail i'll it, it might
have been rope or chain of spun yarn used to
lower the material into the boat. Joshua Ellie
good had on dark coat buttoned up, and hir
hat was slouched down over his face. Don't
know how Crosby was dressed.
John L. Lockwood testified to being one OF
the men who manned Captain Lubkers boat
that evening, and varied but little from the
Captains story, except that he did not see any
lowering done from the bark to the boat and
was unable to give relative distances with the
same accuracy.
Levin Jenkins testified that he was keeper
of the Breakwater light that he remembered
the time the Masonic was laying at the Break
water, and that on the night of the 1st of June
he saw a boat going to the bark with two men III
1T when first saw it the boat was approaching
the light house thought it was the bark's boat
coming for some assistance; the boat turned
then towards the bark and run under her bow
saw the boats bow project beyond the bark's
stern; l saw it was not the bark's boat
but believed it to be the Rescue, which
| have often seen before don't know
who the men were in the boat; did not see any
thing lowered, but saw man come along the
bark's deck as the boat came under and after.
wards saw more heads passing along the deck
saw the boat afterwards leave the bark and &c
towards shore; | saw Crosby's bumboat about
ll1S o'clock the same night coming down the
bay and pass through the gap way; don't know
what was the Mdsonic's cargo; think Lubker's
boat was at the Breakwater at this time.
Capt VIM. Williams testified to tying up his
Loaf ON the night of June 2nd at 10 o'clock, and
next morning finding that she had been used,
there beng tracks aronnd her and brown sugar
scattered over the thwarts; saw VIM. Crosby
and VIM. II. Ellegood driving away from Ellie
goods house that morning, between and
o'clock; saw Alton Crosby on the beach that
morning was on the bark the Sunday previous
and saw bbs of sugar open on the forecastle;the
sugar was similar i'll color to that found i'll my
boat
Cross. examined my boat has been taken be-
fore without my knowledge never offered sam
pies of sugar for sale to VIM. Ellegood my boat
carries about ton have carried sugar in her
for Mr.. Maull.
Levi b. Lynch sworn Live ut Lewes went
about my gill net when finished thought
would go down tile beach and sec who else had
nets out when near Ellegoods house, and be-
tween it and the pike, / saw a boat at the
beach | thought it was Capt Williams boat /;
there were three or four around then
believed them to be the Ellegood boys and the
Crosby boys have had no reason to think other
wise since | started to 90 down to the boat but
changed my mind they had something in sacks
and were taking them out and placing them on
the beach don I know whether they took out
all the sacks or not did not zee any more Of
them that night.
Cross-examined thought they were the
EllegoOd and Crosby boys, but would not like to
swear to it.
Capt. Lyons testified that he was inspector OF
Customs at Lewes and as such made out the
Wdsonics manifest giving one to the Captain
and forwarding the duplicate to the port of des-
tnation New York.
J. v. Vauarmsdale testified that he was inspec-
tor of customs in the n. y. custom house that
tlie Masonic arrived there on the 9th, and he
produced the duplicate manifest which Capt.
Lyons recognized as the one he sent.
William Lingo testified that he was store
keeper at Georgetown that ill the early part of
June, Ellegood and one of the Crosby boys went
to his store and offered to sell some brown sugar
Tor or cents pound told me he was selling
for Crosby, the man with him ; said the sugar
came from on board q vessel there was a sam
pie left at the store but | was not there then /;
thcv said they had about barrels.
Francis Page, N. Y. Custom House officer,
testified that the manifest of the bark called for
one hid more of sugar than was landed there.
The prosecution then rested the case, and Mr..
Harrington, for the defense, asked the Court to
direct the jury to bring i'll verdict for the de-
feudant on the grounds that the government had
utterly failed to substantiate any of the counts
in the indictment that there was no sugar
shown to be brought in that whatever goods
were brought in they were not shown to be such
as should be invoiced that supposing the facts
Ill proved the offense was smuggling, and not
All Importation as laid in the indictment; and that
the whole matter was not shown to be within this
district. After considerable argument it was
agreed that these points should be reserved, and
the defense 60 on with their testimony, and in
case of verdict against the defendent the court
would hear argument upon the ret erved matter,
Court then adjourned until l01s to-day.
During the afternoon the Grand Jury finished
their business and discharged with the
thanks of the Court. The following indictments
were found and continued until next term of
Court Illegal voting IN violation of the En-
forcement aci-James Ellis, James Ii. Bennett ;
assaultng u s. Deputy (Agnew), i'll violation
of the Enforcement Act--John Cloud George
Cioud, VIM. r. Hope John Il. Malott, Benjamin
Bjrtley ignored-illcgal voting-Thomas Null
lam H. C. T.
THIS MORNINGS PROCEEDINGS.
Judge Bradford, this morning, concluded to
deliver an opinion on the law questions raised
Yesterday, rather than to reserve
them until after the verdict. He held indictment
to the jury ON four of the counts. but that no
conviction could be had on the 9th count, charg
ing the assisstng in the sale of the sugar, as
no sale was pro we'd. He also overruled the 9th
er points,
Mr.. Harrington took exception.