The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-11-24
THE COURTS.
An Infusion Of Dramatic LiVelineSS In
the Silk Smuggling Trial.
A RETICENT BUT SPICY WITNESS.
Drawing with Marvellous CIoseness the
Lines Of Contract.
JOG TO THE MEMORY.
A RETICENT BUT SPICY WITNESS.
JOG TO THE MEMORY.

with the alleged silk smuggling frauds, WAS
renewed yesterday before Judge Benedict and jury.
Assistant District Attorneys Foster and Herrick ap-
peared for tho government; Mr.. A. J. Dittenhocicr,
| Mr. +. A. Lane and Mr.. Louis Post for the defend
| ants
The cross. examination OF the witness Jackson was
| commenced by Judge Dittenhoeler aud was as fol-
lows:-
| O. What Is your present businessP A. Inspector OF
customs.
| O. How long nave you boon an Inspector? A. About
three years.
| Q. What was your business before thatf A. Dry
I goods
Q. Whereof A. Boston.
@ With whom9 A. Jordan, Marsh Co.
o Were you thore the time Of the secure of Jor
dan, Marsh Il Co. a. Yes Sir.
Q. DID you inform on them9 A. Yes sir.
Q. And on your information tho seizure was made'
A. Yes, sir.
O. How long had you been with thom A. About
thirteen years
O Were you in q confidential capacity with them2
Excluded.
o Whom did you leave Jordan. Marsh Co.. A.
About 1873
Q. At the time OF tho seizureY A. No; waited
until after the seizure made.
Q. You remained with them until alter the seizure
nader A. Yes, Sir.
O What capacity wero you In with Jordan. Marsh &
Co.? Question excluded
Q. Now, Mr.. Jackson, after leaving JoI dan Marsh Il
Co.. what business did you 20 intoS A. After leaving
Jordan. Marsh & Co, helped the gentlemen to carry
the case against them, and -
Q. You went right into the government employ
A. No. sir; went up'to the Legislature, and was
clerk IN the Legislature.
Q. OF the State Of New York; A. Yes. sir.
q What session that inY A. don't remember
now-ls76, believe-1S75
O. Had you been u resident OF Now York before
that A. refuse to answer that question
O. Why! A. refuse 10 answer IL.
z. viii II criminate your A. refuse to answer.
lhe Court-How Is " material? He Is bound to
answer; but how is IL material?
Judge Dlttenhoeter-On the question OF credipity.
will ask Your Honor to instruct him to answer.
Question excluded on the ground OF immateriaity.
Judge Dittenhoeier--I suppose l him where
he reside ut the time when he went to Albany.
viii put this question, and Your Honor will rule upon
IT, | do II respectfully.
O. when did you 1rst become resident OF the State
Of New York; A. refuse to answer that.
The Court-He Is bound to answer 1t, but think 1t
is mmatcrial.
Mr Foster-l make tho formal objection that 1t is
Question excluded. Exception
q. How long were you in the Legislature, Mr. jack
O. And ator the expiration OF that session what was
your businessf A. wss-I won't us an inspector OF
customs.
o Aud have been ever snceP A. Yes sir,
MIR. Foster said that II there any taint of sus
picon about the document held by tho witness OF
statement made by OWEN NO would not oller it. and
therefore withdrew IT.
Mr. Benjamin I. Cutter, Custom House clerk, was
examined by MIR. Foster. and being shown a docu-
ment said The paper is in my handwriting; IL Ia
dated July 2 1877; the statement made by owen
atler Owen had been with Captain Brackett IN Brack-
otis room, Tor about hour, owen 60 into the
private room but no could have got out without my
seeing him; Captain Bracket called me into the
told by Captain Bfackctt TO write the statement
produced: there threat promise to
owen by any one before the statement was taken
down; saw Mr. Owen In custody about six weeks af-
terward.
language; made narrative OF IL from the questions
put TO owen by Captain Bracket; there was no ono
present except Captain Bracket, myself and owen.
with jackson coming IN occasionally.
John scott recalled and Judge Dittenhoefer
| showed him check of Wilmerdng, Hoguet Il Co.,
on the Manhattan Bank, to the Thomas Gour-
ley Co., dated july II, 1877, Tor s4i5, and asked him
| where he got that cneck.
Toronto. Canada answered tho wtnosa
..Mhiio on your nishtY"
"Who indorsed the namo Thomas Gourley Co a''
al did"
| s.Did you have any authority9"
~ did notn
sNho is Thomas Gourley-p"
"Some eight years ago he a tailor in
Blocker street; the last time l him some
| eWhat did you do with the check Yn
| 81 had II casheu and used the money!
"Did you turn any Of 1t over to the government or
| offer TO do soy"
| Captain Bracket called and examined by Gen.
Foster, and adj special agent OF the United
States Treasury and was that position the I'd Of
Juv 1877 the paper produced have seen before: Mr.
| owen ana were III the Custom House my office
that day; am not positive that stated TO him my
object in bringing hun TO tho Office; whom arrived
there l told him that l desired to show
to him what evidence 1 had; | then showed
| his name attached then told him he could tell the
truth or not, as he pleased; after lew moments of
hesitation, he said W US the Substance OF in
this document called in Mr.. Cutter; there was no
! inducement made 10 owen to make this statement
this statement was signed by Mr. owen IN my pres
| ence and taken down wheI was there; Owen was
not under arrest
Cross-examined by Judge Dittenhoeior-I am not
| positive told owen who was; met HIM first IN
tho pursers room, Immediately alter tho arrival OF
The England, about ten o'clock IN the morning.; we
| remained ia conversation about fifteen or twenty
minules there uad oil other parties
| ut that time; have no remembrance OF telling him
rnat an ybody had been arrested: desired him TO 20
| with me the Custom House order that might
| examine HIM; don remember single word that lie
said in reference to ms going away; II he did say
Captain, anybody board what 1 wanted
l don't think l told anybody what my business
as TO his going with me; II was about
eleven O'Clock when we lett the steamer; was with
owen about hieen minutes before called In Cutter
could not have been more than twenty minutes was
about ha-past eleven O'Clock when called him In;
told him had conclusive proof OF the fraud don't
remember my saying to him that II his de-
| nying IL; I think told HIM that wanted him "
make n statement; may have said that desired 10
present the District Attorney; have no remcm-
brance that owen asked what l gong to do
| with II; owen may have asked mo II he was going
to DO arrested; / think II is probable he did ask
me If he was going to BIO arrested; my memory
| In, however, not distinct to Mr. owen,
| because | had 30 much 10 do about that
| time: owen had counsel or friend with him he
road the statement before he signed IL, and then
| sworo MN; he did not thon ASK me what was
| going to with the statement; 1 administered tue
oath on the Bible; l administered IL IN my Official
| capacity; have no recollection OF telling him that
wuulu take the District Attorneys oicc don
think gavo owen any copy oil the statomontj Norve
| was in adjoining room whom owen was with me IN
| my Office aud whio this statement was made; the
| next time saw Owen was about three O'Clock; W.
went together 10 the District Attorneys Office; don
| remember telling him mat should use tho statement
against him; my memory on That is absolutely Diank
| Redirect by General Foster-I have not b en- spe
cialy assigned outy OF investigating these frauds
| Objected the ground that II witncss had any
appointment IL Is IN writing and should DC proauceo
Direction allowed and witness requested nj tue mex
| session of the Court u produce his appointment
| Witness resumcd-I had no writ waen owen accom-
| pnnicd me to the Custom House. He went with mi
| ior the purpose oil examination. l had no documen
| with mo ny which claimed any authority.
The Court drew the attention OF counsel 10 section
laa ReYlhed Stalntes. aud aftor snort c0hsuta