New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-04-24
ATTEMPT Al SMUGGLING IHU AHihD'


H. a. BFAN's COLLISION WITH CUSTOM-HoUsE orri-
CIMs-CAPr BRACKETS SEIZURE or siLhe-
THE GOVERNMENT SUCCESSFUL IN SUIT FOE
CONDENSATION.
trRoM SPECIAL CORRESPONDENT or THE TRIBUNE
TRENTON, n. j., April 23.-A case OF espe-
cal importance, not only on account OF the ho'oe9
the defendant and the amount at stake out from ,'o us
closures made OF practices that have been chlleu o "
the Inspectors department Of the Cus'oh-hou9e na
been ON trial here in the United States District Court
before Judge Nixon, since April IL. Inc e"so =,
that Of the United States against nine TRUNKS anu
one bag containing silks, &c. valued al 9io'
300 and seized by Charles ~ BracKeU, Po''"
agent Of the Treasury, at tho Cuha.u -
Jersey CITY, April II, 1874. The present Is inc secon
trial of the suit brought the condemnation OF the prop
erty At the former trial legal questions were pro"s
nm involving the construction Of the act OF congress
Julv 1866 concerning smuggling, ana also OF certain
sections OF the act Of March ., 119o The s'"'u'o
IA the Moiety act, which abolished the system
moeties and required that fraudulent intent sno'
proved before forfeiture could be incurred, was passeu
lime o. 1874 while the former trial was i'll lios'e''
At that trial the question OF fraud was suou'teu ~
iurv which disagreed and the court holding against w,
Government on the legal questions invONon Nelu'''
was rendered for the claimant
United States District-AttoIney n q heaspeS ''i'
N, once ia c limited States Circuit Court on writ OF
4 r.. ,Il
Court reversed the rulings OF Judge Nixon new 'ila
WAS ordered and the case again up before judge
Nixon last Tuesday EX-Judge Fullerton ana Mesars
Stanley, Brown, and Clarke appeared Tor the ucion'
and the prosecution conducted by DI'uicE->'oi'
Keasbey The witnesses examined were Cdpl' br"cAo'
Henry : Jackson and j. \. Van Orsdale for the Go'cr
ment and H. G. Bean, the claimant OF the goods ana
Nessrs Livingston and Waldo formerly Cusoni-h0use
Isueetors for the defense summary of the evidence
which present. an interesting story, is here gwen;
In 1874 Barzilla g. Bean, connection with Miss Null
lisln was known the fashionable male dreseher Vi
NewYork In March of that year lie went to LONDON or
the purpose of buying silks and other goods for ms trade
making purchases the amount of $1,000 Inc goouS
a. ordered were sent 10 his hotel in paper parcels ana
,ero offcrwarI placed in secondhand trunks some OF
them bearing the initials OF former ones Inc nine "A'
were afterwari sent TO the steamer Russia ana pu' upon
the manifest as passengers baggage III tue mean 'r
martial knowledge Of his fraudulent scheme came to the
kuoVlcdec of the department in New-IOTk. Hehfy
Jackson overheard conversation III hotel there giving
m mixing of the object OF Beams visit TO Eli
Gland and showing that arrangements had Deeh
made to snugs,e 10000 worth OF sllES mo th's
country through collision with inspectors capt
Rraclet and Officer Fdeu awaited the arrival OF tue
steamship 1T her dock determined 10 rAlu" tn; i'
I'm Bean's staterocIn found one trunk and Dag
These were passed to the dock and soon othet lflihs
waldo Thcy were down the dock for delivery,
Nhc ibcy We're seized bg order OF Cipt Bracket. MI
I'm ~ led mat BraIa,d Howell then Deputy Sur
vcyor who In charge Of the CGsloho'se ih"',uTS;
hoaled the steamship in tie Lower Bay; he informed
Mir Howell hat he had trunks containing mcTchahdHe'
and was told to wait Howell upon the arrival OF ~ sup
4" y e dock told him he would have 10 he scdlcnd as ne
bad aSccrtaned that capt. Blackct was watching nun.
Bean fearing II, escaped by the forward sahSW!
oil the ship, nd hastily left the dock, only 10 ln NC
newt day Ttne seizure Of his goods. Capt Bracket
testified that when ne ordered the seizure Howell TOOK
interested in thcni He insisted that he must hud the
good. when lnsre,or I4,ing;2n cane !" nun and s1 to
asked him 10 he content WIN StIlS tN' Ir!hN7 aa ~
meet him that afternoon at The ST. Cloud Hotel where
,Toud be worth $1,000 to him. Capt. Bracket per
sisted however, and Howell and Livingston huun'E INN
firm said there were nine trunks ard aa.ed to be
allowed to join IN the seizure. This was refused anu
they asked linn TO conniVe AT having iHel .I'I
vaIucd saving they could make $2,UO0n that way
nnintcd out the mn trunks, which immediately
seized IAey were an maf"fH ny l ,tinej
merchandise and the r"maiuing one pcr+oHa elects OF
Bean valued at Sl3 Livingston stated that both ne and
Bean, and becoming acquainted win the facts IN the
case Inspector waldo was directed 10 afS the trnhKs'
They intended to seize them as they went mp tile dock
They clam that IL was merely an attempt TO ipresiil
cant BRACKET and dany any attempt al DfOcy OF III
The present suit has been brought AGAINST the bond
given for the goods which were delivered the duties
hayu been paid since tie beginning Of the SUIT. Deputy
Surveyor Howell. vino was witnesp "t The former rla
could not Ec found upon tins OCCASION Ihe regal cues
nD> raised M tie former trial brought at ihis
and passed upon by judge SlXOn IN accordance with me
rmli@s ~ iudgc Strong. Foraa except0rs were
taken 10 admit Of appeal If such il deemed
advisable. the ease for TIE defense Was summed
M Yesterday morning by Jucge Fullerton. who
| occupied about an tour aud half District
| Attorney keasDcys speech in reply lasted AID hour
anil The case vas given tie jury aooMt =. II was
The lcnurK Judge Nixon that he hardly looked for
verdict and this seemed the probable result for up -
o'clock there WAS change in the ballot the jury stan
ing eight condemnation ami four for the claimant
At ia however, they came 70 an Sieeneni ahd re-
turning into coart handed IN aVerdlct Tor thc HoVrii
meu The verdict Is hdttCIng one 10 DlsiDctAtorney
kelsbcy who Las especially eXcred himself Ia thls oise
Even yesterday afternoon when second disagreement
the Jury seemed probable he not III the least dis
couragcd, promising TO continue ne suit un ytiaic
was gained kc positive nat the suit OF tie GOV
erunent was a Just one. Neither Howell Livingston
is at present connected with the customs service, hOt
having Drcn removed alter these facts were brought
| to public attention.