Wilmington daily commercial., 1875-01-13

YESTERDAY AFTERNOONS ACKNOWLEDGEMENTS OF
THE SMUGGLING cAsEs-TEsTIMoNY OF CAPT.
LUDKER.
The United States Circuit and District Courts
resumed their session, yesterday afternoon, at
o'clock. Judge Bradford on the bench.
The first case called was No. of the smuggler
cases-U. s. Us. VIM II. Ellegood, charged with
the importation Of goods without having paid
any duty contrary to the Act Of July 18th, 1865.
District Attorney Higgins appeared for the Gov
ernment, and Messrn. Harrington Hoffecker
for the defense.
other cases tried first, alleging that in this case
they had valuable witness, who was too sick to
come, and STIMULATING that if they were without
him at the conclusion of the other cases they
would go to trial. The District Attorney DEEM
ing it for the interest of the Government to have
this case tried first, the Court refused to inter-
fere.
The jury was then drawn, as follows Enos
Larkin, James J. Wyatt, Howard Garrett, James
Mccoy, John W. Short, Chas. Barker, David M.
John Ferry Geo. s. Gapeile Philip Cannon.
Mr.. Higgins opened the case to the jury with
a rapid detail of the circumstances attending
Ellegoods infraction of the law, recited the Act
of July II, 1866, and the penalty for it's nfrac-
tion, Ga fine of not more than $1,000. and not
less than $50. and not over two years imprison-
ment, or both, at the discretion OF the Court)
and then called as the first witness
Frederick q Lubker, who testified that he. had
lived at Lewes for II years, and was master
mariner; was working there in May last, when
the bark Masonic came to the Breakwater /;
on Monday, June 1st, 1 came into the harbor
and anchored near the Masonic did not go out
on the next day ; Tuesday evening, about IL
o'clock during Chas. Johnsons watch saw
boat coming from shore with two men in it and
going towards the Mdsonic's bow; from the
stern of my vessel to the stern of the Masonic
was about 150 feet ; it was ebb tide and the Nd
sonic lay ahead l thought 1t might be the Capt.
of the Masonic coming from shore at first, but
the Capt. always goes up the side had my sus-
pcions aroused when saw this boat go under
the bow it was now time for Johnson's watch to
change | had my boat hauled up and Chas
johnson, John Lockwood and rowed
toward the bark on the inshore side and passed
her at distance of SO yards saw boat lying
under the starboard bow that boat struck off
from the bark, passing across her bow and my
boat passed down to the stern and there l saw
Joshua Ellegood and Alton Crosby in the other
boat; then remarked "now know who does
the smuggling !" these men had Capt. Williams
boat, the Rescue of Lesces painted in large let
ters on the stern WAS within II feet of them
young Crosby said something when spoke but
do not know what then returned to my vessel
and went to the cabin and got my opera glasses
and saw the boat going back to the bark
tide now began to flow ia and both
Masonic and my vessel began to swing
around WAS standing aft and the moon COM
ing out could see the boat was again under the
bark's bow l saw three or four barrels and six
or seven.bags lowered into the boat by a chain
or rope ; saw sometimes or 4, sometimes or
men on the barks forecaste busy in loading and
one man walking up and down between the fore
mast and mainmast there were two men in the
boat receiving the stuff lowered do not know
whether the bags were heavy or light third
man then got into the boat and they started to-
wards the shore ; do not know who he was the
boat appeared well loaded 1 watched them go
about two boats lengths saw bumboat of
Crosby's lying between the iron and wooden
pier with very bright light upon her ;
fknew Crosby's boat well as had often seen her.
the light might have been seen for ten miles,
never saw this bumboat lying there before; she
usually lies between Ellegoods house and the
wooden pier; Elegood's house is about 20 yds.
from high water mark; it is called the " Pavil-
lion" and is used private boarding house; it is
partly two and partly one story high, was not on
board the bark daring her stay and do not know
whit she was loaded with; never had spoken to
Crosby.
At this stage the District Court adjourned un-'
tll 10 A. NJ to-day, and the Circuit Court until
next Tuesday
During the afternoon the Grand Jury made
the following return Carrying on liquor busi-
ness without paying special tax-true bills
Patrick Mahan, Timothy G. Herbert, Vincent
o. Hill, and William s. Williams ignored
Thos II. Boyer. II. c. Il.