The daily gazette., 1875-01-13
SECOND EDITION
U. y. COURTS.

The United States Circuit and Dis.
trict Court began yesterday, after.
noons session at 8 O'clock. Judge
Bradford on tho bench.
The first case called was No. 3 OF
the smugglers cases-U. s. ps VIM. H.
Ellegood, charged with the importu-
ton of goods without having paid any
duty contrary to the act of July IS,
District Attorney Higgins appeared
for the government and Messrs. Har-
rington and Hoffecker for the defense.
The defense made an effort to have
one Of the other cases tried first, alleg
ing that in this case they had valu-
able witness who was too sick to come
and stipulating that if they were
without HIM at the conclusion of the
other cases they would go to trial
without him. "A Dr..
The District Attorney deeming it
tor the interest of the government to
have this case tried first, the court re.
fused to interfere. ...........
The jury was then drawn as follows:
Enos Larkin, James J. Wyatt, How
ard Garnett, James Mccoy, John w.
Short, Chas. Baker, David M. Cloud,
Garvin Thomson, Albert q. Osborne
John Terry, Geo. s. Capelle, Philip
Cannon. 't'
MIR. Higgins then offered the case to
the jury with rapid detail of the cir.
cumstances9 attending, Ellegoods in.
fraction Of the law, recited the act OF
July IS, 1856, and the penalty for its
intraction, Ia fine of not less than
10000 or not over two years impri
sonment or both at the discretion of
the Court and then called as the first
witness. .,
Frederick G.. Lubker, who testified
that he lad lived at Lewes for II
years, and was master-mariner; was
working there in May left when the
bark Masonic came to the breakwater;
on Monday, June 1st, came into the
ha-bor and anchored near the Masonic
did no go out on the next day; Tues
day evening, about twelve, during
Charles Johnson's watch, saw a boai
Coming from shore with two men in
| 1t, and proceeding towards the
Masonic's bow; the distance from the
stern of my boat to the stern of the
Masonic was about 100 feet; it was
ebb tide and the Masonic lay ahead
l thought it might be the Captain Of
the Masonic coming from the shore al
first, but.the captain always goes uf
TO the side; had my suspicious aroused
when saw the boat go under tho
bow il was now time for Johnston
watch to change; l had my boat
hauled up and Charles Johnston, John
Lockwood and l rowed towards the
bank on the in-shore side and passed
herat a distance of SO yards; saw q
boat lying under her starboard bow
that boat struck off from the barb
passing across her bow and my boat
passed down to the stern and there
saw Joshua Ellegood and Alton Croby
in the other boat; | then remarked
NOW | know who does the snug
Cling" these men had Captain vii
liams boat the Rescue or Lewes'
painted in large letters on the stern
l was within twelve feet of them
young Crosby said something when
spoke, but do not know whit | wal
standing aft and sthe moon coming ou
| could see the little boat was again
under the Parks. bow; Isaw several bar
els and six or seven bags lowered in the
boat; Iknew Crosby's boat well as
had often seen her; the light NIGH
have been seen fsr ten miles; nevel
saw this bum boat lying there before
she usually lies between Ellegood'i
house and the wooden pier; Ellegood'i
house is about twenty yards from
high water mark. At this stage tht
District Court. adjourned until II
O'Clock to.day and the Circuit Cour
until next Tuesday.
The Grand Jury during the after
noon made-t the following return:
Carrying on liquor business withou
paying special tax-True bills-Pat
rick Mahan, Timothy C. Harbcrh
Vincent o. Hill, William s. Williams
lgnored-Thos. r. Boyer.
1 G D L ~