The New York herald., 1877-12-01
The Great Silk Smuggling Trial
Nearing Its Close.
SUMMING UP FOR THE DEFENCE
A Mothers Marital Troubles and SocI-
tude for Her Children.
ATTACHMENT FOR THE FLAG.

Mr. r. A. Lane and Mr. Louis Post for the dsfendants
Tho opened at ten O'Clock, pursuant to adjourn
ment Instead OF calling witnesses to prove tho
character OF Owen and Graft tho defendants accepted
the admission OF the prosecution that their character
was good There then long argument on tho
part OF Mr. Post the defcndants tho question Of
introducing in evidence tho AFFIDAVIT Of Captain Bragg,
attached 10 tho manifest of the steamer Queen
OF December 1875 certifying that the two packages
marked diamond &c" this manifest were not on
board but were what s called .ssbort shipped, the
manifest having already been introduced by tho gov
srnment to show that the on board, and
connecting them with Scott's statement that no ro-
celyod diamond 'sC'' tho 11tn OF December,
1875 Mr.. Post argued that being part OF the rec
ord under the authorities IL like 10 an indorse
ment OF payment on check or note. and that the
whole document mast go IN He cited copious au-
thoritics in support OF his position.
General Foster resisted tho application
Judge Benedict stated, in deciding. that no had
grave doubts but, II tho District Attorney insisted
Il no would give the defendants the benefit OF
exception and review tho case hereafter u an oc-
Judge Dittcnhocfer offered in evidence certain ex-
hibts previously identified by Scott when on The
stand receipts or certificates from tho banker stuart
Tor exchange bought by him (scot Tor Dr. Miller and
pthcr parties Of tho Anchor line.
General Foster opposed II on the ground that thoy
had not identified.
Alter considerable time had been lost reading the
evidence show the fact OF Identification they were
admitted.
John Taggart was then recalled to show that certain
silks in barrels removed irsm Washington street
20 Nowilps drug store, In South Fifth avenue, by
parties other than those mentioned In tho Indictment
Tho Court then took recess till ono r N;
summing Four weeks ago, no said,
this expedition Of the prosecution started with
flourish OF trumpcs and the Seating OF drums. II was
promised OF lawful capture and to be Of few
days' duration. Aiter encountoring most terrific
storms with lempestuous weather all tho way aiter
stranding on the Two sandbars known the overt
acts saved from total shpwreck only through tho
skiiui ability OF the able and upright captain ton The
Bencn) II returns TO port, TO you, genLemen Of the
fury with csptvos, only with TWO poor mon, KID
It asks that you adjudge them be their lawful
prize. He had faith that they would de-
nounce this proceeding as unjustihable warfare,
that branding It by ils right name-oushwhackine-
they will release these men, Kidnapped as they have
been. Four weeks ago they started with an indict-
Inent stuffed with nine independent so-cailed con-
spiracies; to-day II shorn OF ali but one. Then
they had four deienoaIts at the bar. During the
voyage consequence Of stress Of weather, Two had
10 be thrown overheard He dwelt upon these pro-
ceedings for they throw much light upon tho voyage
vet before them. This case instituted tho
theory OF a conJoint conspiracy and Of conjoint
trial Soon IL became apparent that the theory was
nnfounded and untenabc: that but one alleged con-
spiracy could be tried time-in the language
OF tho immortal Lincoln, that One tight is
enough 10 have on hand al time" Therefore, what
was 1T the original theory OF coDjoint trial,
OF conjont conspiracy, had 10 be made 10 b. SINGLE
tral, single conspiracy. The evidence that had
been brought forward with so much labor and persc-
verance TO liz Thomas q. owen James Wells. John
Wells Naele, Williams, Walker. Longbottom and Ed
IL.
alone What has been the result? A labyrinth oil
conticting theories, wilderness OF invoices, OK
returns all out OF joint, lifting eacn other and
apty described by the poet Sake
All sadly out Of joint,
And pointless save the exclamation point.
Which stands In state with vacant wonuer frnught
The pompous tombstone of the psuper thought.
He only wished with The torch OF logic and crit
ical Analysis to guide them through this labyrinth Of
mystihcaon the haven OF truth ana Justice, which,
under the oatns they had taken, they bound 10
rka
the testimony, he said ne simply wished To call the
attention Of The jury to the fact that they had been
trying OF the United States against raf
and owen but the OF John Scott against Gra and
Owen. He then proceeded 10 ansyzc the testimony
nj great length, his entire address occupying
over hours In conclusion, no said that, II their
verdict should be convection, Gran and Owen would go
10 the Penitentiary while Scott would 60 scot Tree,
most Likely to DO associated officially in the
with Jackson tho confidential clerk OF .ourdan, Marsh
Co., who soll Their secrets Tor a mocty. Gran and
owen would be imprisoned, while scott, the arch
smugger, would walk the streets of New York with
federal Immunity, not us an Infamous receiver but
rs a spirited public bencfactor Their vcrdict, II ad-
TO Graf and Owen, would make Scott the jaiier
OF these defendants.
The Court the adjourned until next Monday, when
Judge Dtlenhoeer will resume bis summing up. Ho
will be followed by General Foster, alter which the
case VIII be given TO the jury.
A MOTHER AND HER CHILDREN.
Mrs Margaret Kennedy, as Will be remembered, has
brought suit limited divorce against her husband
William IL. Kennedy, in tho Superior Court the
ground Of cruel and inhuman treatment When sho
left her husband took her three elder children
with her and went to live with her mother In Brook
Iyn Aiterward she recovered possession OF her IN
FAINT child. three months old writ Of habeas corpus
sued out before Judge Speir. The husband, through
his counsel Messrs. Dcstin Hller pctitioncd Judge
Lawrence, in supreme Court, Chambers, ior writ OF
haoeas corpus. with view 10 obtain custody OF the
thrco elder children Mrs Kennedy yester-
day, through her counsel. General Roger A.
Pryor. made return The writ. she states
that sne forced abandon the residence OF her
husband for the sake OF her and her chidron's s
health; that he occupy tue second story OF
No. 40 Pearl street. short distance from the Five
Points stable aud undcrtaker's store, and
In the midst OF low people and rums hops although
he was able to provide better accommodation Tor
them that account OF tho unhcaithy condition Of
premises sho lost threc Of her cnidrcn, and OBJ.
jects the remaining being scnt back TO such n
pe,ghborhood; that she has abundant means Tor the
care of her chndre assistance ueins gwen her oy her
mother, her brother Mr. Matthew joyce, and her
brother tn law j. g. Bronsohn, OF the United States
Navy; and that she is Il member anu communicant OF
the Catholic Cnurc, that her associations are OF
purc and rcnncd character aud nat u Is her ann TO
conduct the instruction and tducaton OF hrr children
10 tho best OF her ability, 10 manner that wiil be
best or their physical rs well tDer moral welfare
And ms o allegations OF husband iinpuguIng
her coujugai fidelity, she stgmaiizes them ns utter
fascboous, AMI says she was justified IN leaving III IN
bv her obligation 10 conjuga and mat ernal duty In
conclusion, Sne prays the DISMISSAL OF the writs, and
that The custody OF the children may DO awarded
her and be lott under her control Ine, matter was
adjourned until next Monday when the case v Ill
up lor argument.
SHERMAN-REEVLS DIVORCE SUIT.
A decision confirming tho report OF the reiorec al
lowing amony and counsel leo TO tho plaintiff IN the
suit Tor limited brought BY Marion Sherman
Reeves against her husband, Benjamin y. Sherman
Reeves was yesterday rendered Dy Judge Iarremorc,
of the Court OF Common Pleas he action was
brought for Abandonment upon tho ground Of the de-
fcndans refusal and neglect TO provide Tor his wc.
In her petition she says that the defendant has real
estate valued nj $50 600 in this city and Brooklyn
that he has n large income IRON his busness-that OF
faper Manufacturing carried on al Gouverbeur IN tue
State OF New York and that he lives very expensvcy
nj The 81 James Hotel The parties, u VIII be rerlem-
befcd lived together for some Tune apparently as man
and wi,c. although there had never been a socmhza
lion OF he marriage ceremony The plainih's counsel
hola thai marriage, being civil contract. there wa'
n, ,,ert o tnIrd party 10 make Il any the more bind
,uu mon Item 10 Keep u after they mad asscnted V
become and vie, ana that ~ this instance J. "a'
"A ha The defendant says lt