The New York herald., 1875-11-02


Mr Peokham denied that he had characterized II as
frivolous answer
Mr. Field said that his attention had Just been called
by Of hs associate counsel TO decision by Judge
Donohue exactly covering this point
Mr. Peckham said that II Judge Donohue had made
such decision he did not think he would 1nd any
Judge who wOnld support him In IT, He did not care,
however 10 20 trial and the risk of the whole
thing falling through He felt confident that there were
authorities that would sustain him the point he had
raised and he asked limo to hunt up such authorities
Atter some further discussion it finally arranged
thai Mr.. Pcckham should be given until Wednesday 20
hunt up his authorities and that meantime he give
copy OF the same 70 Mr.. Field 10 enable him 20 send "a
written reply on the same day which being done,
Judge Van Worst promised to give his decision ~ 'he
matter on Thursday morning
THE TRIAL OF COLONEL DES ANGES.
The trial Of Colonel Des Anges exDeputy Collector
for alleged completely in slk smuggling frauds was
resumed yesterday the United states Circuit Courh
BY Judge Benedict
The drst witness called Andrew Jolyer, 2 clerk
in the Custom House who examined the index 70 the
powers Of attorney filed between January, lo4o ana
October 1875. lie testified that only two powers q
attorney were given Charles II Lawrence = NJ
vanarsdae another clerk testified that the bond books
in the Custom House show that Des Anges name ap-
pears on alt but Two Or three Of the entries on which
Charles L. Lawrence gave bonds
Deputy Collector Phelps testified thai he went with
the prisoner when certain cases of shells were ex-
amncd and showed him that they had been tampered
with
Gustaye ". Ban, sworn stated that he in the
employ Of Lafayette Grof Lspenard street, IN 1872;
be subsequently removed Reade street and later 70
Warren street. went 70 the Hoboken stores for MT
GroG he took permits there; this permit marked
lss he had seen before he received from Lafayette
GroG; witness also identified receipt FOR goods
signed at the Hoboken stores which lie carried to No
~ Xfv,r tha cpca cd
penders; the silks in the centre, and the sus-
penders III tho bottom, sides and on top.
District Attorney Bliss here hed the permits
and receipt a part Of the record, as they were
mentioned IN tie Indictment Witness
shown permit 100 which he received from Lafayette
Groand took to tho Hamburg docks he signed this re-
ceipt gwen HIM Tor Of goods which were
taken TO Gron7s Warren street. where they were
opened, and contained suspenders and SILK; he was
shown permit for eight cases OF hosiery, Of packages
by the Westphaa and the receipt IN the name OF
George Luck witness signed different names 10 differ
en receipts he had received goods for Gron during
the past i've years. the goods 50 received We're with one
exception, all silks there were seven o. eight cases IN
each mporation was kept TO go 70 the public
store, the other seven that ne received always con-
tanned Silks the that went 70 the public store con-
tanned suspenders and hosiery; witness usually received
all the goods from the vessel; Gron was III the
liquor business, sometimes the silks were
repacked sometimes put back IN the same cases, and
the marks removed and others substituted witness
here identified number of permits and receipts for
which Des Anges had passed and which Lawrence
had bonded all Of which described as cotton hosiery
o
the cases thus described, and they were all silks
Counsel for the prisoner stated that the defence would
not attempt % deny that the cases contained Silks and
hence the further examination OF the witness was
abandoned.
on cross-examnation witness admitted he under
Indictment but had never seen Des Anges this subject
witness Ludlow Street Jail but was not let out
under promise Of tesfyng this case and the prose
cution OF II. 3 Clalin & Co.
Henry A. VI. Beers, packer in the Appraiser Depart
ment sworn testified that he had charge OF the hosiery
room showed The goods, compares the contents OF tho
raf 10 hp4 nm
OF case witness testified that in every case he
had gone 70 the bottom of the case, and that the
contents coniormed TO the invoice. John l.. Roaner
stated that he had been United States storekeeper at
Hoboken since October, 1873; witness described the
mode Of delivering the goods IN public stores, and
identified of the permits put IN evidence Chris
topher lehman, a delivery clerk IN the Hoboken
stores testified the modas operdndt Of releasing
from the public stores and Identlned one OF the
receipts presented
Edward Shaw, detective sergeant Of the London
police testified that last spring he arrested Queens
town c. /. Lawrence board asteamshp aud searched
him. Lawrence bad baggage 10 the cabin; he searched
him and found papers on him, and put his mark upon
them witness Identified other papers as having been
found on The folio sing is OF the papers
referred to-
No further communications verbally in writing You
Export all but LEI alone 70 ty and save myself
In the fnture.
Witness was cross-examned as to the in
which he arrested Lawrence II developed the fact
that he searched until after they left the steam
ship az Queenstown and that he voluntarily
dered the papers his possession and that he wtnessl
did not mark them until alter he had testified IN the
Bow Street Police Court before they turned over
70 the United States Minister on redirect examna-
tion witness testified that IL utterly impossible for
the papers be tampered with between the time they
u entered his possession and their beng morked
AT this point the District Attorney offered the above
letter, which, he alleges, Is IN Des Anges' handwriting,
4 10 evidence
Mr Mathews objected, as II Is shown here that this
letter placed the hands Of assistant Of the last
witness and IN thc-hands Of the witness The rule
he insisted imperative this point that before
you shall introduce paper Of that kind you must put
upon the stand the man who received II.
Among the papers found upon Lawrence BY Detective
Shaw the following which counsel read
UNITED STATES DISTRICT ATTORNEYS OFFICE
NEW ioRK, May 20, 1874
Messrs. FrFLp. MORRIS. FESEER & co -
GESTLEMES-f IS reported TO BY officers Of the gov
that have 10 possession certain smugged
goods being lots Nos 6J2 70 21 To 70 1885, 745 77 and
775 779 your catalogue of this days sale deem II
but fair before taking either civil criminal proceedings,
give you opportunity state from whom you received
aud will therefore delay proceedings Tor that purpose.
Your obedcnt servant GEORGE BLISS.
United states Attorney
Mr. Mathews quoted numerous authorities against
the admission or the letter and followed by Assist
ants District Attorney Foster Tor the government who
quoted many rulings support - the admission Of the
letter The Court admitted il subject 10 tie exception
Of the defence The Court then adjourned until eleven
A. NJ tomorrow
BOSTON AND MONTREAL RAILWAY.