The daily gazette., 1875-01-15

j. HI. Hoffecker Esq, opened gfor tie
defense. showing froth the Alino sadoft@'l
to regsl the theory Of cult on the part
The first witness called was d. Stmgis
who testified that he was i reaidcnt of
Centreville, Mass, and knew the Cros
bys who lived there he had kept store
there two years ago 9th of April Last
sold to VIM. l.. Crosby 80 lbs .! common
brown sugar. and delivered it ON board
the Busy Bee = Crosby was a trader /;
Is my son-in-law.
VIM l.. Crosby - Live at Centrevllle.
Nass, and own the Busy Bee" which
| bought to come to Lewes, Del; loaded
her at Centreyille with barrel of cider,
barrel of sugar tea, coffee, tobacco and
soap; had "A government license; gave
Sturgis Z cents IL lb for the sugar; went
to Vineyard Haven, New Bedford, NrN-
port, StOnlngton, New London and New
York; thence through the canal to Phil
adel phla was in the coast trade reach
ed the Breakwater May lst made II Is. p
To Philadelphia III the middle Of May
with some rigging, and again the latter
part of May with an anchor 10 the bark
Chanticleer reached PhiiadelI hit May
10, and left the Monday following about
noon reached Breakwater between 4
and next morning was with Ellegood
at Llngo'5 store and offered sugar for
sale through him; it was the sugar got
in Centreville | went to Georgetown to
get suit of clothes; the sample left at
Lingo's was from tho Massachusetts, su
gar; Ellegood offered no other sugar for
sale; | sold the sugar afterwards to Mr.
Eilegood for my board | came here to
attend this trial from the Spanish Main,
1000 miles distance.
VIM Ellegood Live at Lewes, on the
beach and keep the Pavilion VIM. l..
Crosby delivered sugar at my house from
the Busy Bee, about the Goth of May,
and 1t remained there about two months,
Burton nine or ten days after the md Of
June came to my house to search for SUI
gar supposed to be smuggled; he search
ed the house and examined all the bar
rels and called his attention to my store
house or grocery where ! had some su-
gar il was the sugar / bought from
Crosby; when he came back from George
town, failing to sell he insisted | sho III
take the sugar for his board and did so;
bought il about the ith of June.
Joshua Burton Am night inspector
Of customs since Nov. 1873; searched
Ellegoops house June 9th, for amupgl, i
sugar in consequence of report | had
| in grocery al'o searched other places on
| the beach.
Alton Crosby corroborated his broth
er, story as to the journey from Centre
Vile to BreaENater and the trips Ia
Philadelphia in May he was not IN
| captain Wm. Williams boat with Joshua
Ellegood the night OF June End as Lnb-
Eer and Lockwood swore that night an
/ chored near the piers oil the stream put
| up common lantern and turned i'll II
| o'clock and slept there until 4 80 u. III
the lantern was not unusually bright
| boat usually lay between the piers; tooI
l all the stores up to Ellegood'a house
sugar was that which Wm. Clo3by
bought in Massachusetts left Phladel-
| phia to return on Monday at noon, did
not see Williams boat near thclhlssonIc
did not go out to the Masonic that night
| got to BreaLwater between ! and next
| morning; 1T would bc impossible to g, I
| there sooner.
| VIM Ellegood recalled William,
boat is about 20 feet long and } feet
wide; think 1900 lbs is IA heavy load;
| wonld not like 10 go out with that load
| Joshua EllcgOod weighs over 200 lbs
| VIM. III. Ellegood about $50 lbs aud
] VIM. h. Crosby and Alton about lot
ami 1870 lbs
James Chalkc testified that ;39 hhds
| as marked on the manisfesl was IA tech
nical error of "A cleIll and but ,29 hhds.
| Welu landed one less than should have
been 30hhdsD
| Here the defense closed
Government then called Levin II
jenkins i'll reply who testified tha
when the Busy Bee stopped at Tia,
| Breakwatcr to get some spars an,
sails of Crosby's saw no sugar ia ia,
boat; was not in boat hut could see
there wasa barrell in which saw som,
packages and peanuts.
Here the case closed aa Ia the cNi
| dence
The District Attorney then proceed
| ed TO sum up for the government clam
ing that the United States had showr
such a state of facts that all taken to
| gether the jury could not fail to con
vict; he claimed that the witnesses lo
| defense We're moved by interest anl
not entitled to the wright due to tht
| strong and positive evidence on til,
| part of the government. He closed al
| p, IN.
| >, NJ. Harrington, Esq, followed fo
the dc tense in an address of an hour,
duration. He sharply criticised ih,
| witnesses iort the prosecution especially
Lubkcr and Lockwood, claiming mac
cracics in their testimony and that
compared with each other they differ
ed he denied that Lynch had any DO
sitlvc belief as to who he saw unload
ing the boat on the beach and denied
| the right to convict on presumption.
He asserted that the defense had fairly
accountcd for the possession of all INC
sugar they were absolutely proved tC
have had and were therefore entitled
to verdict of acqmttal.
| He closed at . p. m. and the Cour
took recess until 3 O'Clock.
Upon the rc-assembling of the cour
the District Attorney reviewed Mr.
Harrington argument in a half hour
address and asked the court to charr,
the jury that any participation b,
Ellegood in the transaction of frau
duently bringing the goods from th,
vessel Masonic, made him liable a.
. l