The New York herald., 1877-11-16
THE COURTS.
Delvlng the Deep and Dark Ways Of
the Silk SmugglerS.
THE TEMPERANCE WAR.
Derelict Insurance Officials ia the Meshes
OF the Law.

tho trial OF the defendants, Alva Gran and 7. O.
Owen, indicted for conspiracy in the silk smuggling
frauds, was continued yesterday In the criminal
branch Of the United States District Court before
Judge Benedict and Jury. Assistant District AttoE-
neys Foster and Hcrrck appeared for the
and ex-Judge A. Dittcnhoeer, Frederick A. Lane and
Louis +. Post, Jr, for the defendants The trial
made considerable progress yesterday, but as tho gov.
ernment havo ton witnesses TO place on the
stand II s not expected that al the evidence for tho
prosecution will be submitted before the end OF next
week.
The cross examination OF Mr. Walter D. Nowoll was
resumed by cxJudgc Dittcnhoefer with tho Same per-
tinacious scrutiny cnaracterlzng tho crossexamna-
tion OF Scott. He testified follows:I was absent
from the city i've six days In tho years 1874 1878
Ana 1875 from my store; in 1877 was not absent
from tho store any day up to the time Of the dis
eovcry OF tho frauds; remember the delivery Of TWO
in lS77 at my store, aud also threo barrels;
would not be quite certain that tho delivery Of tho
cascs not at the end OF 1876; remomber two
trunks coming 10 my store either at the cnd Of 1876 or
very curly III January, 1877 tho two cases delivered
NJ my store in 1874 delivered there In tho latter
part Of that year--oither November or December.
q Have you spoken to Scott about this case since
you have bcen on tho standY A. have
Q. About your and his testimony A. 1 have.
Y Whereof A. In tho hall OF this building and In
O. Did you speak to General Foster or Ar. Herring.
Assistant District Attorney A. did,
Redirect by General Fcscr--
q Judge Dittcnhoefer having declined to ask you,
please state what said TO your A. You said that my
cross-examination had not h1rt tho prosecution.
Recross by Judge Dittcnhoeicr--
O. Having left II TO General Foster to draw out the
answer, bscauso suspected the job, Will now ask
you Tor the purpose o whstling up couragey
Question objected to and overruIed.
Witness resuming:-l regarded The remarks Of Mr..
Mcrrck as 70 the cross-examination as iunny, and
they pleased me; don't know whether 1t was done
TO whistle my courage up; am quite as certain as
Ohnn nuth ~ hat
tnat the aces wore delivered IN barrels helped ~
unpack them and Scott was prescnt; never saw
lace in any other barrel except that time and Am
certain that laces were In the barrels.
General Foster offered in evidence letter purport-
MS fight, TO NOVEL;, and purporting 10 enclose one
TO Graf.
Judge Discnhoefer objected to the admission of the
letter the ground that statements declarations
OF Scott Gun be evidence against Graf until
spiracy has been proven. and tnat was conspiracy
case aud not smuggling Case that was on trial.
Judge BESEDicr-Do you claim that there ID no evi-
dcncc of conspiracy
Judge DirrxNnoEgER-We 90, with supreme conf
dcnco. but bog TO be excused from indicating the
point until the District Attorney has put in all his
Qence on that point
Judge BRNEDIcr-rho question OF the admssibil,ty
OF tho letter will be reserved until all the evidence on
the question Of the conspiracy has been put in
J. Dunlap was the next witness called, aud
amincd by Assistant District Attorney Foster He
testified as follows IL Kept an express Office South
Filth avenue from the first day VI November, 1874,
and from that time to 1877 think carried one hun
dr0d barrels OF goods Scott; the
are receipts LOT Xoods ana thoy wore taken from
monthly dies n the years 1875 '76 anu III; they
SHOW receipts by tho auctoucers Wmerding, Hoguct
Co. the entries in the cash book produced were
mado by me. (These entries were read ana showed
payments made by Scott to Witness. Objected 10 by
bhe defence and overrucd
Cross-examincd by ex-J udgo Dttenhoeter--I was
1ndicted In this case and was arrested; obtained
BALL transact the business In my express oice IN
the morning and my clerk In the afternoons Mr. Scott
told mo TO enter Nowc on The cash book, from
that information made the ontry; testify refor-
TO that from my general knowledge OF my bust
ness that Scott told me; do not know except IRON
the receipt Oi the delivery that the money paid
the Office; have recollection OF tho transact ON
dated April except what see in tho books; the
name OF my clerk Is James h. Mexican, aud he Is
pioyed at my branch express ohce nearly all the
payments since January, 1877, made to mo por-
sonay by Scott; remember receiving lot OF barrels
In juno 1877; the ontry OF a payment by Scott in
February ~, TO which have referred, does not ap-
pear on the cash book, but does appear III April.
William C. Madden. examined Wy tho Assistant DIS
trct Attorney, testihed:-I am in tho employ OF Will
merdng, Hoguet Co., aud have been seven years
Identity tho paper produced, on whicn appears my
name Il is dated December H. 1875
John Rhenhart, another cmpoye Of the auctioIec
identified receipts from the auctlonoers, Wmerding
Uoguet Co.. oil sent by the express companies.
These wero dated April q, 1877 March l, 1876 De-
ccmber II. 1876.
Tho Court here adjourned until this morning