Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-11-07

Nrw NoRK November 5.-Ju &c
Rs,eIict -o.dzy rendered his decision
"a tie motion 10 Quash the criminsl In
iictment against the firm OF h. Is. ClSt-
rfg a Co. vino we're indicted Tor connec-
-ion with the silE smuggling frauds.
Jufra Benedict slIstained the lnGict-
.,7srt. trifl the exception Of the fourth
euaJ. Inc 1pi5iDn In brief Is 81 ioi-
lows:
me indictment contains four counts:
First that q C5uceAling smUgSled
g1.ds. second, tha. Of facilitating their
TransD1rtatiUu; Third, that q facilitating
49, F5ls % certain merchandise. These
frr-e counts are similar IN form. The
f1g--h is different, and will be considered
Fv 4 eg The frs objection is that the
r.ois forming toe .ub)ee; Of irauspoIta-
ION charged + thst they are not
fu0i .ienuy Identified. The rules
bv which sufi lien Y 81 al Indictment
alter stated, 10 require reIeti-
tion. Of these rules 81 they have been
understood and applied IN adluGged
csse-. are 90 be applied here. Plainly,
ths language useC in the description Of
fhp goods, tO-wit: Certain goods,
W. ,r.s aud merchandise; a large quanti-
sy Of silE goods to-wit: Fix
a ~ containing ELK goods valued al
thirty thousand dollars, more
particular description Of which u to the
iu-ls unknown" 8. sufficient. There u
also az addition statement that the
y,lris were dutisbe; goods introduced
INTO New York from France. Judged BY
She above. the description b sufficient.
THE usx. objection is that the iilegslity
la the inuortat on OF these cases Is not
ur1ueriy stated. Il support Of this OBJ
lection the proposition Is advanced
That an indictmelt for buying gCots
which have been brught into the
ETaitoj states. contrary TO Law, must set
ont the uHen-e committed in the origi-
nal importation ~ tb the me pAttic-
rI.r.tv Ia u would be TeguUed ia an TO-
Ffaf1art fr the OiigiEsl OffeDse, or such
,n'.uze caunot be maintained The
next objection Is thai section =, OF
fhe act II 1885 cannot be applied in
other eases than that Of struggled goods
and cannot be entertained here, for this
f1-lgtmeut j. confined 10 such case.
Toe court proceeds 10 define the
,Vrrf usruyFfiuE" and adopts the
sf-t1to-v definition OF 1874. The only
g,fi sultr % defendants lies not IN
~. sorm nr manner Of indictment but
81 rue fat. The charge made does not
conform 10 the proofs which they sup
,p,et5s government 20 have upon the
srggue1t. Tie Iistric. attorney was
f.hsreueef Go a8rait that none OF the
gDad. iefeTrei % we've smugglet goods,
Sut il cannot in his say be made to APP
,,ssr that tbe Indictment is void. The
flurth count Dr. the Indictment makes
GENERAL al sEauUIs o. violations OF
Lao Thir f. ysgsle aud cannot be sus-
tasnpF aud Therefore the motion as 70
mi count b s-anied; but IS 20 the hrst
tfrre counts iut1.s Indictment the mo-
lion ID uuash l. 4 .nied ana the indlct-
ment sustained.
The government officials here have
Bo confirmation Of the statement con
eeruiug tie Indictment Ct General BAD
cock. Il ST. L0uh, aud the friends CT
the CEREAL 30 not credit the report.
me stoekholdeis Of the Missouri Pa
cfie railroad compRDy held al soJ9urned
meeting THE II eiuOJa with Alderman
j. Won Shack, presiding. Half TIE
capital YVES represented. RESOLUTIONS
were unanimously adopted requesting
the PRESIDENT OF tie board OF directors 10
resign. They also appointed commit
Zee ., procure the resignation OF the
directors, aud Il name their SUCCESSORS
The committee was instructed 10 CO.
operate with the county Of ST. Louis 10
SETTING al assignee in bankruptcy, II II
Ieson1es necessary, In order to get the
lease TO the Allan tic and Pacific railroad
company cancelled. The committee OF
stockbrlders consist OF y. A. CowdTyi
Jacob Crom veil, Peter Wosie, 4. Shep.
pard, Ge0rse Y Terring, +. A. OTIS ana
Wm. II. Merrill.