The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-11-06
THE COURTS.
Continuation Of the Trial Of the
Alleged Silk Smugglera
COMPROMISING INSURANCE CLAIMS
An Alternative Mandamus Writ Granted
to Rev. Mr.. Mccarthy.
COMMISSION ON RAILROAD MORTGAGE SALES.

The trial or the four defendants, Owen. Gran, An
lrews and Gray charged with Others in conspir'ns 70
bring silks into this port without payment Of duty
resumed yesterday IN the criminal branch o. hs
United States District Court, before Judge Bencdic1
Assistant District Attorneys Fosor ana Hcrrick aP-
nearing tor the government and Judge Dtenhoefer
ana Mr. Lane for tho defendants Before proceeding
with tho regular business OF the day Judge Dit'cn-
hoefer said be wished call HIS Honors attention TO
certain matters that however well intended must IN
tcrfero with the due administration Of justice IN this
case Tho reporters who attend on oehail OF 'ne
daily JOURNALS no sure very faithful In the
performances OF their duties and take the minutes OF
The evidence accurately but IN the great rush OF busi
poss tho papers are necessarily unable 10 publish
No testimony full. This, he suggested, resulted In
he muta,ion OF the testimony, and was apt to create
IN unfair impression He supposed that all II needed
Eas to call attention TO this 10 have u corrected
Tho nrst witness called was Dir. John s. Ochitrec,
representing tho firm OF j. J. stuart Co., bankers,
Nassau street, who was shown certain drafts second
St exchange; he idcnutied them No having been
drawn his firm. long argument here ensued be-
tween counsel as the admission OF those drafts
evidence. The Court, however finally admitted them.
Mr. Foster then asked the witness rs TO long list OF
drafts in hvor OF Scott the details OF which wore
gwen certified extract from the books oil the bank.
The admission OF this list WAS objected 10 by the de-
fence, and the Court ruled that HE books must be
produced. The witness was requested to SEND tho
books with clerk on Wednesday.
John Scott WAS thcn recalled and testified as FOL
lOwB:-The cXhOt6 ~ 10 ~ tine eecOnu OF oACuanee)
have before and received them from j. J. Stuart
Co have other invoices except those banded 10
me by ThoInasC. owens, neither nave any subject TO
nv control; every tmo silks were brough, TO me rc
ceivtd invoices from Owen and all the defendants
Examined by Mr.. Dntenhoefer-I went TO Canada
the exposure OF these frauds; thero were
number OF papers in my desk at my house In varick
street, wien came back the frst time saw the desk
again was cxprcssmans wagon; ! did not touch
tnen have opened II since don't rccollcct what
found IN there; l don't remember whether thero
were any papers documents there or not; those
anita IN lhA hAQK
kc-cxamined-I have not made any search ~ AL Tor
the documents or invoices
BY the Court-You have not gone lar enough, Mr..
District Attorney; for anything you know these IN.
voices may be III the desk.
Witness resumcd-i know there invoices
there now have repeatedly examined the desk since
ana there now no invoices IN Il.
Cross examined-I will not swear that there
voices there now; but do know that they were all
destroyed when settled with tho parties; received
hundreds OF invoices, but l cannot tell how many
destroyed; SO Tar M recocct destroyed them per-
sonaly, except those gave back 10 the parties from
whom got them; the silk oil came by tho National
line; the three papers produced have before
Ihey were gwen me by owen In February, 1875; no
toid they wore receipts Of two OF oat-
Men 10 be sent up TO the central Office 10
com plcte tho nanifcst Owen told me that In the
future he going TO bring something TO represent
the goods brought; used Tho tmoai, but don't
know what became OF the KcSs the kegs came to No.
Is Varick street: lett there IN May last tho kegs
wero lett; everything was sold at auction; about
same thai received tho kegs received the
Tels from Owen; opened the barrels and took cut
ssIno silks: sent abcm 30 Wimerding Hoguct, the
auctionccrs.
The Assistant District Attorney hero offered she
freight bills III evidence.
MI Dittenhocier objected the ground that the
papers had nothing 10 40 with ths matters trial.
The papers werc admitted.
scott continued his testimony, mainly conn Meeting
she remainder OF the defendants not trial with
the conspiracy 70 dcraud.
About O'Clock sir. Lane complained Of sick ness
the Court adjourned until half past r. II. 10.
morrow.