The New York herald., 1877-11-28
Case for the Prosecution Closed in the
Silk Smuggling Trial.
THINNING OUT THE ALLEGED CONOPIRATORE
Relative Claims Of Father and Mother to the
Custody Of an Infant Child.
ARRESTS UPON PROBABLE CAUSE.

Tho trial OF Graf Owen TOR the alleged silk SNUG
Cling frauds was resumed yesterday before Judge
Benedict. Assistant District Attorneys Foster and
Herrick appeared for the government, ex-Judgo Dit
tcnhoefer, II. A. Lane and Louis Post for tho defend
ants Longbottom the expected witncss, not having
arrived from England, no further testimony on tho
part Of The prosecution offered The District At
torney moved Tor the admission OF the following noto
written by Scott and, after extended argument oy
MI. Dittenhoeer against its admission. the Court ad
mitted It, 1t reads as lOllows:-
DEAR FRESD-Sold at last. Tell o. G. T. aud E. l.
O. TO land nothing. This is mystery 70 me- sus.
pect party. Hope there was no trouble. Mr. n. and
w. saved by hairprcadth
The above note addressed in envelope to Mr.
Graf. National Steamship companys dock, pier a
North River, Now York. An outer envelope was ad-
dressed to Mr.. w. D. Nourth. No. $50 South Fifth
hue, New York.
This closed the case for the prosecution.
After the prosecution rested Juage Dttenhoefcr,
behalf Of the defendants moved strike out all evi-
dcnco OF the acts, declarations and agreements Of
Francis NJ. Walker, John Wells James G. Magic, Ed.
ward H. Owen, Richard Williams and Charles Ring
baum, conformity indicted with the defendants, tho
ground that tho government has failed to prove
general conspiracy between the deiondants on trial
and the said parties, and the further ground that
having proven one conspiracy aud agreement the
others would 90 inconsistent Herewith.
Judge Benedict inquired OF the District Attorney
whether had evidence to show general
spracy. On District Attorney Foster replying that he
could not then point out any such evidence without
having more time Judge Benedict granted tho moton.
rhoroup0n Judge Dittenn0eer moved TO strike out all
evidence OF tho acs declarations and agreements OF
James Wells, excepting only evidence OF his method
y bringing any goods prior to the introduction OF
Owen Scott by James Wells In tho spring OF 1873.
This evidence was excepted from the motion to strkc
but, because Scott swore that Owen stated he was
gong to bring goods over Wells had and tho
motion was granted. Judge Dittenhocfer also moved
that the letters OF James Wells introduced by the
Tor the purpose OF throwing light upon tho method IN
which ho brought silks over # they throw any such
light THIS motion granted Judge Dittenh0efer
further moved TO discharge Thomas Gray, one OF the
defendants on trial. on the ground that there was no
A motion was next made by Judge Dit,cnhoser to
discharge Edgar B. Andrews another OF tho defcn-
evidence against him. In reply 10 an IN
quiry OF the Judge General Foster,s District At
dence oppose. The motion granted Judge Dit
tenhocter next made the motion TO discharge Alvin
Graf on the ground First that there was evidence
OF his connccton with the conspiracy except Scotts
nncorroboratcd testmony second that tho overt acts
In the indictment rccd upon BY The District Attorney.
TO wit OF December 1876, and OF March l. 1876 had
not boon proven. Abiding to tho overt act OF Do
ccmbcr I, 1875, he stated that II was alfrmatvely
proven by the Custom House oiccr's return tho
Two cases marked with q diamond In tho overt
act IN the Indictment mentioned had not
ment and that there connection
whatever between any cases received py Scott any
cases marked with diamond on the Queen OF that
description between tho allegation Ia the Indictment
and tLe proof the allegation In the Indictment being
OF the 80 OF july the proof OF the TIN Of December
and that this variance not mmateral because tho
District Attorney mad by stipulation made by HIM
when II was moved by Owen TO postpone the trial of
the the ground oil the awulness OF this
action, admitted tho date 10 De the 3D. of July.
The District Attorney could tako either horn OF
tho dllemma: he either knew tho date to be
the 7th OF December and mised the defendant tho
date right tho Sd OF July, tho 7th OF Do.
cember aitertnought connected with something
since discovered and that there proof OF dia-
mond marked cases, and that description matter
Of substance AS to tho overt act VI March there
was no evidence whatever OF tho importation OF the
goods The first knowledge they had OF tho goods
was their being found at Wlmcrding's auction store.
evidence that they ever came
and no connection with any ship manifest. Judge
DutenhoeIer argued that II this motion prevailed as
against Graf 1t must also follow that owen Is also
discharged as this oeng case OF conspiracy aud not
OF smuggling the overt acts must be proven He also
made the additional point that the agreement
Epiracy bong proven 10 have boon made ia 1873 the
statute OF limitation barred the prosecution Judge
Benedict, In deciding this motion. stated that he would
how tbs overt OF March l, 1876 with
any OF goods that at present no could not
see any such connection, and unless II was Indicated
TO him he would rule that out OF the AZ 10 the
other branch o tho motion Judge Benedict stated that
while the questions presented novel serious,
II the District Attorney willing to take the FISK,
he would let tho case TO tho jury and reserve the
final disposition OF the questions motion arrest
Tor new trial, II that should become necessary.
Jhc Court here adjourned untll haiipast ono r. n.
to-day, when the defence will opcn their caso