The New York herald., 1877-11-23
THE COURTS.
The Silk Smuggling Suit Still Dragging
on Its Slow Length.
lMPOR TANT RAILROAD LITIGATION.
attempt to Influence a Judge-The
hasslacher.

lne trial Of Me defendants Owen and Graf for
sp'racy In the alleged silk smuggling frauds
Unued yesterday before Judge Benedict and jury.
District Attorneys Foster and Herrick appeared
tho government and ex-Judge Dittennoefer and Mr..
y. A. Lane for the defendants. The last witness tor
the government was placed the stand and CON-
pleted his evidence In chief before adjournment
was taken. The crossexaminaton win be commenced
this morning, and then the for the government
win be closed.
Gilbert N Coc Inspector OF customs. said that Il
was In the line of his duty discharge vesses The
ohccrs return OF cargo board tho England pro-
auced to witness and identified IL dated April o,
1871.
Judge Dittenhoefer objected to the admission Of the
paper on the ground that 1t paper required
by law, and as far as he knew there Treasury
regulation requiring such return
The Court admitted the documents.
The District Attorney then presented a return on
which was an entry Of two kegs containing oatmeal
sent to the Custom House sample room ana asked
that 1t be admitted, which was done.
Mr. John Daniorth, q Custom House inspector, was
SHOWN an ohcers return In duplicate which he iden
tined as in his own handwriting and which purported
20 be the delivery OF cargo OF the England. Of her
voyage July 10, 1877.
Mr. William s. Diller, an inspector OF customs said
that the rough cargo was not Immediately discharged
past the olhce OF the Custom House, the dock,
until the smaller cargo was discharged; the steve
uore's men would roll tho cargo past
Crosse xamEed-rhe cargo could not be rolled past
Without The Custom House OH Gers seeing H.
Lieutenant Edward W. Mougcr, OF tho revenue SER
Tice, Custom House clerk, shown tho manifest
sf the steamship Queen, dated December II 1876 and
iad that he thought he received II from I. c. owen
the purser He said II he saw the man he Thought ho
could recognize him. General Foster asked h i'm to
look about the room and soc If he could identity
Owen. On looking around tho witness saw Alvan
Gran, VINO bears resemblance to owen and sad
"Ihat's tho mana mistake which, Of course,
caused no little amusement
In hona aat Int II hio
incident shows me unreiaby OF the human mory.
-, Mr. Charles N. Conger was recalled. and testified
that Tho National steamship Queen was stranded on
lhe lotn OF Feoruary 1873, and made her return trip
on the lst OF June, 1874
produce the manilests OF the steamship Queen the
month Of December, 1875, all books Or papers in
MS possession and under his control which kept
iny check clerks In the employment OF tho National
limo Of steamers during that month. In roply, Mr..
the advice OF the counsel OF the company advised
hm that he had neither the right the power to
produce them. Mr.. Hurst then lelt the witness
stand.
Mr.. John Scott was recalled ana was shown the
manifest Of the Queen, February 26 1875 and said
that 1t was in the writing OF Thomas G. Owen; also
that OF the England, Of April 1871 and identified
that as the handwriting OF Mr.. Thomas C. Owen; the
manifest the England February l5, 1877, and den-
tined part OF that document being
Ing OF Thomas G. Owen; also that of Nav 15, 1877.
General Foster objected to these questions on tho
ground that they should have been asked The
former cross-examinati
Judge Often hoeer-That Is the coolest performance
shat remember Here the District Attorney has been
repeatedly allowed by the Court. alter objection by
myself. TO open and reopen and TO examine and re-
examine.
The Court will extend to the defence the same
latitude In this respect
The question was allowed and answered affirma-
lively. On presentation of manifest OF the steamer
Queen to Scott he was asked whether It was in The
handwriting Oft. c. Owen.
judge Dittenhocter objected on tho ground drst.
that tue witness was scli-confcssed accompllce ;
second, that. no such accomplico be used AS an
expert. and third, that III defence his position as
an accomplice he has not shown inset 10 DO an
expert
The Court admitted It as a circumstance and tho
manifest was then offered in evidence.
Judge Dittenhoeier objected TO the ground that
~ pest " was only declaration OF owen binding on
him alone as regards It's contents not nding
any OF the other deiendants, unless and until
fpiracy between MIN aud the other defendants was
proven l maintain as l have already stated with
perfect confidence, that no such conspiracy has been
proven. but beg TO be excused from indicating TO
the Court The points In when the prosecution have
failed 70 evoke tins proof until the District Attorney
has declared to the Court that all his evidence the
subject OF conspiracy is and respectfully request
the Court to follow the precedent established
the offer was made 10 introduce letter OF Scott
rule upon the admissbity OF the evidence until the
DisTct Attorney has stated that all his proof IN
The Court tnink that course had better DO fol-
loved.
General Foster-Under these circumstances ana
upon Your Honors suggestion withdraw the offer Tor
tne present.
rhe signature to a receipt of wilmerding Hoguct &
Co vas shown TO witness and he said II in his
handwriting and was Il receipt OF Thomas Gourlay
Co. o. !, Tor 81, 900.
Mr. Mosley was recalled and produced check made
l.UO
De.ember Is. 1875, drawn by Wiimeraing, Hoguet u
Co.
Mr scott was recalled and testified that the chock
sworn TO by the last witness was indorsed by him
tScottL
Cross-examned by Judge Dittcnh efer-I don't rec
oiect whether passed under an assumed name not
lh Preston; won't swear whether did or not can
not tell whether stopped at the Hoffman Hotel or
not; u was located near tho canal; carried
other business except dry goods between IS72-75; ;
don't recollect whether ever did any busnes with
Gouray q simpson; know Mungo Richie, OF Glas-
james
Layard; dad send exchanges 10 Rtcnie " Layard;
don't recolect sending any TO these people tor
SIX; will not swear tnat did sell silks laces and
other merchandise from the CITY oil Bristol aud other
steamers; / will uot swear thai uld not sell goods
from the steamer Moselle entry shown witness IN his
book OF goods taken from tho CITY OF BRISTOL and
not remember whether laces entered the book pro-
duced, dated February Is, 1875, were sent
to wilmerdins,, Hosuet CO.; have
for other parties coming by steamers; 1 dd
know Dr. Milne; hc was connected with the Anchor
line; don't recocct The number OF transactions had
with DR.. Milne don't remember the year had the
transac'ions the exchange produced shows that had
transaction with Dr. Milne between the years
1871; don't remember anything about the way in
which they came, whether In cases parcels; can
mcrding, Hoeuet Co.; don't remember whether
thc goods sold TOR DR.. Milne are represented by the
bulls OF exchange; there cannot be aoubt in my mind
that these goods did not come In trunks; know SIR.
i. Frost, tho chief steward OF the steamer Guy OF
Montreal; don't remember whether goods amounting
TO f5S were sold IN Aprii, 1874, Tor Dr. Mine.
Mr Ochdree was recalled anu identified a bill OF
exchange OF ESQ., paid through the banking house OF
J. J. Stuart u Co., ana dated December IL, 1875.
Memorandum vi list OF exchanges John scott
shown to witness mas payment entered OF G22o TO
Thomas G. owen.
Tue check sworn to by the witness Mos!ey offered
iD evidence.
Objected to by the defence the ground that the
trst OF exchange with Thomas G. OWENS name II IL is
In existence. should % produced.
Objection overrued
Mr.. Fredric ). Jackson government detective,
Iaid that he searched the house OF John Scott at
Yorkvc, and lound desk, but not anything IN IL !;
he went 10 the sample room OF the Custom Hous
and found the two boxes produced the Appraisers
stores and carried them down TO the seizure room
tne contents OF tho boxes generally rice, sugar
nnd oattleali he could not say which thcso boxes
contained; the paper produced is statement made
by Mr, 4. I. owen III private room IN the Gu ustom
House building; when tnis statement was made no
threat or promise was made 10 owen by Captain
Bracket, or oy any one else III witness nearing
The Court at this point adjourned until this morn
Ing
SEPULCHRE OF The STATE COURTS.
Al, .ud