The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-07-27
A GREAT CASE In COURT.
HALE THE CARGO OF THE BARK
TARPEIAN IN CONTROVERSY. :. j
EVIDENCE HEARD BE TILE POLICE
T" JUSTICE. h'isi. -
ARGUMENT BEGUN BUT NOT ENDED.

1 tIc laLteE uOuE COutlIeDCSu tDe investigation
which claimed his undivided attention lex.
cept during twenty.minute recess) until q
Z. NJ. The courtroom was crowded with
the best citizens throughout the day. The
Tobacco Exchange adjourned at 1880 In
order to allow its members to attend, and
about one hundred avaied themselves OF the
opportunity. s.a 1...ts -s-.
Mr.. Meredith stated that the position The
Commonwealth took was that it was neces
sary that the hogsheads in which tobacco
Was exported should be marked and brand.
ed by the inspectors, as prescribed by law.
Mr.. Weatberford was called and sworp
and testified that the packages seized were
mot marked and branded by the inspectors
Witness was perfectly familiar with the
marks of every warehouse in the State. His
Information was that portion Of the unin.
spected tobacco on board the Tarpeian was
in strips, some of it was in hogsheads, some
in tierces. There were some three hundred
casks altogether. of which none were marked.
Mr.. Weatberford here read from paper
held in his hand the following statement oi
tobacco on board Shipped by Mr.. Barks.
dale, 1913 packages inspected, from 80 10 100
not inspected; shipped BY Mr.. Gray, 1G
packages inspected, 40 not inspected; shipped
by Mr.. Hatcher, 81 packages inspected, not
Inspected, none known; by MIR. Gentry. "a
inspected, 81 not inspected; by MIR. Enders,
"a inspected, 60 not inspected.
| WHO ARE THE OWNERS.
| The examination By Detective Weatherford
was made at different times, ,and the warrant
| was sworn out when the last cask went
aboard. Witness was sometimes aboard OF
the vessel; sometimes on the wharf.
| Judge Crump: How did you ascertain
who were the owDers?
! Mr.. Weatherford: If the court requires
| will answer that.
Mr.. Meredith maintained that the answer
| to that question was not material at this stage
of the examination. Hereafter, when the par.
ties come forward 10 claim the tobacco, it
| might not be improper to pursue that line Of
examination.
Judge CIump said be did not understand
| all this seDsitiYeness.
AQUEsTIoN.
The question was raised whether an in
| former in a case like this could be made to re-
veal the source Of his information, and
| whether Mr.. Weatherford was the only in.
| former. ... ....... .s...
MIR. Meredith claimed that Mr.. Weather
! ford was the informer. and that if the case
| went against the shippers he would claim the
fees.
Judge Crump insisted that as the witness
| undertook TO tell the names of the shippers
| he should tell how be obtained his inforna.
ton.
Dir. ~Weatherfortl explained that be was
the sole informer; no other person was in.
teresed, and he knew of no other who
could or would claim share in the fees OF
| the informer.
Dir. Cabell urged that this matter was i'm
material.
Justice White declared that he for one
wanted to know who were the shippers, in
order that be might fully do his duty.
Mr. Meredith very eloquently besought the
Court not to make Mr.. Weathertord answer.
ANOTHER QUESTION.
| Here another question was brought up
Whether an informer could be witness!
Mr.. Meredith : If Mr. Weatherford's testi-
mony is excluded ne shall be thrown out Of
court.
Dir. Meredith here read from the Code who
were debarred from tesliying in civil cases,
and maintained that no party could be kept
from the stand by reason of interest.
| Then the Justice proceeded 10 examine the
statute and Mayo's Guide, and found by the
| former that under the law of 1867 party
who was entitled to part of a penalty in a
civil action could testify. He thought this
was civil action, and the party had that
right. ..
| WHAT SORT OF ACTION Is THIS?
Judge Crump declared that Il more sun.
civil" proceeding he had never known. He
argued that this was not a civil proceeding.
The party was sueipg to recover what was
| due him, but 10 get part of penalty for q
| violation Of the Iaw Z NOE aloa ri q nriDoi
nal proceeding. ...... .. ...E
The Justice said it properly partook of the
nature Of both q civil and criminal proceed
ing, but it was more civil than criminal.
Judge Crump: want TO know how Mr..
Weatherford got his information
Mr.. Cabell We withdraw all objection.
| Dir. Weatherford obtained this (show.
ing a paper from the mate of the vessel
when the cargo was on board, with the
exception of five hogsheads. That was N ost
of the Information l had up to the time OF
going to the the magistrate.
.-...- SHARP SHOOTING. .- ..H
Mr. Cabell: / would suggest that no one
ought to know better than Judge Crump to
whom the tobacco belongs. ass.~7 -
Judge Crump: Suppose do know. Am
] on the witness.stand? .- .'<r.s .... -...-
Mr.. CabelI: No, but any statement you
may make I'll accept as evidence. .u ..s
The examination of Mr.. Weathersord was
resumed after considerable delay.
Mr.. Weathefford was aboard of the
ship on Friday, when got the information
Iirom the mate. The mate gave it roluntari-
lly. and did not represent that I was sn Of
ficer of the law. The cargo was then all on
board eXcept. five hogsheads, which were yet
to come. Cau't tell when the ship COM
menced loading. Saw the greater part oi
the cargo put on board. Was about theI 8
about three days. Didn't know then who i
belonged 10. On Thursday saw some tobacco
gong from certain warehouses. I thought
Ii knew TO whom the tobacco belonged
Didn't Rno,o, but believed the bark was
bound ior Liverpool. --.-
Cross.auestioned didn't know that the
ship was bound for Liverpool except from
the mates statement aaade to me. - gs. u
Judge Crunp: Then you didn't know
whether she was goiBg to New ! orl or Liver
pool. .,..... -. ...-. II u,
WHERE TEE sMlP WAS BoCNA
Jadge Crump: w no told yoM where th
Isbip WasgboundE I i - u A K 4 Il
! Mr.. Weatherfora: can't answer that.
| Police Justice Answer 1t IL you can.
Mr.. Weat thsGfold: The mate informftt me
| Judge CraMp: Nobody else? ...
Mr.. Wessherford heard it also as a mat
ter OF public rumor. .5>1-t
Mr.. CabelI insisted that Mr.. Weatherfor
should not be pressed oa this point. - =
Judge Grump: Were you employed b
4 the public authorities, MIR. Weatherford!
[ Mr.. Wea,helford: No.: sir.sG iE5t
Judge Crump: Then who told you wher
the ship was boundt ~
Police Justice: Answer the question.
MIR. Weathesford: can only apswer thu
pot my informati ON from the mate and pul