The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-11-27
THE COURTS.
The Confession that Led to the
Silk Smuggling Suit.
TOO FINE CUTTINGS.
A Stereoyped Mode Of Reducing a
Large Estate.

The trial OF the defendants Owen Graz Tor alleged
completely In tho silk smuggling frauds was continued
yesterday before Judge Benedict Assistant District
Attorneys Foster and Herrick appearing for the gov
eminent and ex-Judge j. A. pittennoefer, +. A. Lane
aud Louis Post Tor the defendants The case Tor tue
prosecution was closed, with tho exception OF tho
possible testimony OF witness. who Is expectoa 70
from England in time to testify this morning
Should arrive the prosecution VIII rest. fne
sntire day was consumed with brief additional s'ato
ment by Captain Bracket as TO the circumstances
under which he administered the oath to Owen, and
the argument Of counsel on both Sides as 70 the al
missbility of that sworn statement
General Foster offered In evidence Exhibit l3S, pur-
porting 10 be a confession made by Thomas c. Owens,
ana sworn 10 by HIM before Captain Brackett In his
Office on tho I'd Of July, 1877.
Mr. Post Of counsel for the defendants, objected on
the grounds drs that the alleged confession being
sworn statement under the authority OF The People
VS. Hammond, is N. Y, must be held to be involun-
tary and unreliable; second, that Owen was before
Bracket ut That time, suspected oil completely ana
The Incidents OF the interview showed pressure and
compusiop, and third, whether Bracket had the
legal right to administer the oath or not, the elect
the same ON his mind.
General Foster replied, stating. nrst that the state
offered an unsworn statement, Captain
Bracket having legal power to administer the oath,
he not specially detailed 10 investigate these
frauds, and section 1873 OF the Revised Statutes
the power to administer tue oath is gwen only where
officer is detailed to make the investigation Sec
oud that there was no evidence OF coInpuision pres
duress, aud that II voluntary statement
lie cited IRON stevens Digest TO sustain his position.
He furtner that II he believed the statement
was improperly obtained by pressure otherwise
The Court the matter INTO consideration, and
alter recess said that he had examined the
question with great deal Of trouble
IL properly admitted by the defence that
the examination was not judicial proceed.
be- either proved by evidence that the statement was
Involuntary else that the circumstances under which
given such 10 justify the Court In con-
cluding that the statement was gwen under au-
.norty or while the person who made IL was under
Judge Benedict then referred TO the case IN
18Th New York and the disapprovai OF tho decision
that found IN the 4lst New YORK, which latter
ecclsion he sara. clearly showed that tho 10th New
York decision dsapproved by the Court oil Appeals
He sad that therefore, he could not accept
Inc proposition that the administration Of the
path sufficient TO except the statement
The qucsl ION then rested upon the Inducements made
by Captain Brackett TO Owen before the statement was
made. He read tho stenographor's report OF
Latnin Bruckett's testimony during the recess, aud
he dii dnd anythu in that which would exclude
the confession. aud very sorry to say that he
could not excluie IT, He would have been lad II this
had not been taken under oath, and tho evil
urn.c nad shown that the defendant had been caro-
iul uoned. Although, however, this did not APP
pear, SIM he could not agree, IN view oil all circum-
Stances, ihat II was an involuntary statement
The paper was then admitted. but not read II Will
probably be read to-day, when the prosecution will
doubtless rest their
RESERVOIR AT BOYD'S CORNERS.
William b. Whiteman sued the city for ST., 0OO,
balance alleged be due under contract for building
ana gatcways 10 the Storage Reservoir at Boyds
CorGers in Putnam county. The point in dispute was
whether 1000 yards OF masonry, which was allowed
ana paid Tor "rubble range masonry at sl1
yard, should should not DO allowed .cut range
masonry al si5 a yard; and whether 200 yards
OF masonry. allowed s'cut range" at SIS, should
! OF be paid for 'dimcnslon and cut stone" at
$50 The suit tried yesterday before Judge Dono-
hue aLd u jury
Tue city commended that the plaintiff foreclosed
by dual certificate OF the engineer IN charge OF the
work, an officer whose decision Ia disputed ques-
tions was, by the contract, declared TO be final
The plaintin sought TO AVOID this by contend
Ing that he should have had notice OF time and
place OF making the erthcale II Was also claimed
behalf OF the city that the masonry allowed as
rubble range" properly SO styled. Tor the reason
that the contract itself specified with great particular
Ivy the characters OF tho therein called
.TubbIc range;" that this was a very different thing
from ordinary .srubbie' and much inner article,
that the CONTRACTOR must have known when he
took the contract that he would have 10 do just this
kind OF work, and having bid S1l for IL cannot
cover any more. Upon the trial II appeared by the
plaintiffs cstmoDy that he had from time 10 time re-
ccved certificates showing that the engineer al
loving this masonry s'rubble range only that he
knew final certificate to be made ana that day
before IL made his general agent in charge
OF Inc work, though without his knowledge, sent
written protest to tue Croton Board against classifying
tie masonry question at lower grade than 'cut
Tangc." Judge Donohue, upon the ground that the
ncate Conclusive, directed verdict Tor the
Geeud int. Messra q. H. Strahan aud Oliver w.
West appeared for the plaintiff and Assistant Corpora
city.