The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-04
Another Days Summing Up for the De-
fence in The Silk Smuggling Trial.
LOSS OF THE STEAMER NETS.
Wedding Presents by the Magnates OF
the Court House Ring
JAMES L. NGERSOLL IN NEW ROLE:


spracy In the alleged silk Smuggling frauds was con-
tnucd yesterday In the criminal branch OF the United
States Giro nit Court, before Judge Benedict and
Jury Assistant District Attorneys Foster and Her
rick appeared TOR the government, ana ex-Juase DIT
tcuhoeter and Mr. Louis Post for the defendants
ExJudee Dittenn oefer resumed his summing up.
he reca ulaled briefly what no had said on Friday.
and then examined The crcdioiiity oil Scott aud
Novel; the two government witnesses, on whose lss-
lmony alone he insisted, the prosecution must sue
recc n conviction is had Il. secuted Scott's lcsti-
mony that was sick OF the business and wanted 10
get out-of IL, and quoted
when the devil fell sick
The devil saint would be;
AAeut 10 devil vi well
Tie devil a saint he
He then commented on SCOTS visit to Crescent and
ru,culed the statement that he only went there to
look at that wonderful place, SO well known TO all
travellers when he was on his way TO Canada. Then
he referred to Scotts equivocatons all through his
testimony 10 his positveness about matters in refer
snce TO which he could not have positive Knowledge
ma to his eouvocation about visiting silk merchants
IN London In this latter connection he gave synoD
sis OF owens confession, IN which The latter says that
Scott induced him TO 20 into the business and
promised 20 see SILK merchants u Eusanu
about It, He then compared SCOTS testimony WIN
Nowelis; that while scott swore he PAID money 70
Novel; ior others, Novel; the chemist, testified ne
received money from Scott directly Or indirectly
excepting IS month rent. ana Tor that he helped
Scott every day packing ana unpacKlhg ahu ioauing
and unloading; that Novel; iurtner tesnneu tnas
though he began 10 suspicious that the transac-
lions were legtimate he cQntinued his services with
out making complaint TO any one because he was un-
willing nformer ana then, turning upon him. nc
tcounsel asked him II he unwilling 70 he iniormer
why ne did not give Scott notice that unless no
stopped no would inform on him, he tNoweil) was
smoked out Of that hole Judge Dittenhoefcr then
went on to say tnat even II these witnesses were
angels or light instead OF lucers Of darkuess case
supported on such remarkable testimony could not
stand. The argument upon which tue prosecution
relied he said was that which was made Mt Scotps
onica No according
testimony OF Scott that agreement was Tor perfectly
lawful purpose il was during that portion OF tho
cxsm.paliop Of Scott that an attempt was made 10
admit the letters OF James Wells, but the Court
declined admit them. Then there was recess and
when the court mbed again. the afternoon Scott
changed THIS agreement; then he SAID that owen told
him he would send the gooas over In the same way
that Wells sent them Then the prosecution APP
Piled again Tor admission Of Wells letters They
were admitted. But the letters were dated year
agreement was maze Ill 1873. The only purpose for
which the letters admitted and which the Court
Hated was tor that purpose, namely showing the
method by which Wells sent over his goods. Further
me letters did not disclose any method ny which
urged the slightest proof OF the connection or Owen
with that method except that shown ny the testimony
Of sco,. The nexa o OF testimony was owens con-
Rs follows:-
New YORK city July 2 ls77.-Thomas Owen ;being
ofthe National steamship Company plying between Lily.
sne Ssw 9DfI s s a. ure on the
National line q steamships the past Twelve years know
Ago At his ohae No. sos Broome he proposed
.s twenty per on A
eSnm;sion me 05sin.i cost soS q ,a the x sooas
lacss he tod 70 call OF several brm Ma him Lon,
would call At their several places
he said mind w MAKE % va o.ns
Clark Of the house OF l. q "copper" Church alley LILY.
MI Scot. TIA. sas have Iroashs
however my own which being landed here
sold By .d scott on n FIVE
barrels trunks and About hty barrels containing
silks egnt pieces the bare and two packages OF iaces
IL the quanty have brought over as ne .r as can now
remember. THOMAS OWEN,
sxorn to and subscribed before me this ID day Of july
Special Agent Treasury department.
Judge Dntenhoefcr, In tue continuation OF his adj
dress commenced upon tins confession and showed
how Il contradcted Scoti, VINO SAID thas owen pro-
posed TO hum to bring out Silks thus stating that
Scott instead Of being inc tempted was tne Of
way show unlawful purpose. He then passed on
10 chow what The documentary evidence IN the case
worth, urged tnat there was no entry what
ever IN hook, or any scrap OF paper that thero
wero any b,rrcs Of six on the record, that are
shown To have been delivered ON or from any steamer,
any expl essman, or 10 any auctioneer he then
proceeded 10 snow The absence OF connexion Of The
package h, mentioned In the manifest OF the
England with Owen, with any proof III the evidence
that answered the produced IN Court as sent
from the sam pie room He then reviewed the testi.
mony as to the IL A. the exchanges as shown
by the witness IRON stuart Co., tho bankers, aud
said that he fu,d u see the conn between
OF these transac, ana the defendant. He then
showed that The statement OF the exchanges bought
By Scott OF Mr. At'chitee, OF the firm OF j. stuart
Co. bankers worthless, for the reason that while
AuchIlLree lcstaft Il II was a full and complete
list from 1873 1877 he tcounsep produced in
open exch ange bought by scott from the Same
Tor parties lht Anchor line, which was either
willingly uniatnnlionally omitted IRON the state
mcnt.
After speaking from the opening of the Court Till
hall past o'co ck before which hour The Court ad
journed Judge balchfords room AS that was lighted
up Judge Dtenh oeier concluded his Ad iress LOT tne
day Ho will rosu inc his summing up thls morning,
after which General Foster VIII sum up or inc prose-
Cution. expected that The case Viii De gwen 10
The jury to-day
SOME "RING" WEDDING PRESENTS.
Kate wech ana John d. WEIGH, Jr., were married
III 1871, the wedding being quite an elaborate Que.
The trends OF the happy couple were liberal in Their
presents and the newly married pair started in lie
well stocked with necessary housekeeping utensils,
besides valuable jewclry, which the vile fro
quenty wore on stale occasions Alter two years Of
married LIE trouble between them and separa-
lion ensued, Me- Woch Ut Inc time giving TO his wife
Ill her personal p3raphornalia and effects The breach
thus 50 uni,prtupateiy opened closed, and
the 2lst OF April 1874, the husband died in Cuba,
leaving hiE vridow aud infant CHILD about Our years
old. The deceased lett Will ID whicn ne appointed
Edward Alb rrt anu Sarah Weci executors. his VIII
was admitted. tolroDate. tho cnId remained IA the
custody of il mother, VINO has also since died Her
executors claim that the wedding presents are tho
Separate PROF crty OF the wife and snocd be devercd
over 10 them to De used the proper support OF tho
rhild SUIT was accordingly brought IN the Court Of
Common Pleas replevy these articles, when sliii re-
mali IN pos session Of the husbands representatives
aud tue case tried yesterday before Judge larrc
more holding Trial Term Of the Court Of Common
peas The ,resenls consist principally OF furniture,
toilet sets 81 iverwarc, jewcry and family Bible
The DEFENDANTS claim That tho atnor oil The ohild III
his WILL dire, tied that the custody oil the latter should
be given s executors They say that the presents
came into tb hands part OF inc personal prop
prty OF The eceascd which they have included IN the
Inventory ni cd IN the Surrogatcs Court That tue
lebs OF the estate are large. and they fear that II
they should voluntarily surrender the properly tney
would render themselves liable to the creditors OF the
estate they therefore plead the proceedings before
The Surrogat as bar to this action
A. The IiusioD oil the Tor the plalntn u mo-
ton was 80 TO Dismiss the complaint wDicD, how
aver. deni0d BY Judge Larremurc, with leave to
have the eaIne renewed and exceptions noted tor
view MI. IT, w. Bell, counsel Tor the defence then
made brief opening
After stating his 10 he jury the lrst witness
sailed was James n. ngersoil, vi Ring fame. Sir.