The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-05
TIE. COURTS.
Final Termination Of the Great Silk
Smuggling Trial. Fl
OWEN AND GRAFT CONVICTED
lanes Kelly's Charitable Be-
quests Decided.

The trial Of tho defendants Owen L Graz, charged
With conspiracy in the alleged silk smuggling Frauds
before Judge Benedict was amer trial Of four weeks,
brought TO termination yesterday by verdict Of
guilty against both defcndan;A Assistant District
Attorneys Foster and Herrck appeared Tor the gov
eminent and ex-Judge Dittenhocier and Nj. Louis
Post Tor the dsiendants
Judge Dltenhoefcr concluded his summing mp by
showing that there was evidence against Graf ex-
cepting the worthless and uncorroborated statement
Of Scott that he had an interview with Graf in June.
l677, At Nowilps Nowll, who toslAcs he not alb
sent aday, says that Graf, whom he only know be-
cause Scott pointed him out. there later than
April 1877. The statement oil Scott was that Graf
wanted TO know how many pieces were in cases,
Owen was paying him the same pricc Tor for
barrels THIS, the counsel argued, bore intrinsic evil
dance of ts alsy for, the evidence showed cases
came over since 1873
General Foster in hts address to the jury pro-
the setting forth Of what, he claimed, were
the overt acts in tho case and to the c0rrob.
Of Scott ana HOW'LL. He defended Mr. Ochitreo, Of
the house OF Stuart Il Co., the bankers, IRON the
charge OF showing any bias or uniarnsss toward tho
dolendnnts. he claimed that tho prosecution estab
lthed Tho connection between certain check for
$1,000 which WIS offered IN evidence and bill Of
exchange Tor EGO which Scott purchased OF y. J.
Stuart q Co., December II, 1875, and that tho satd
check was obtained by Scott from Wmerding, Hoguet
Co., December II. 1875, on account OF sale of
Rks which scott testified Tor the account OF 4.
70. owen. Mr.. Foster concluded hts address about
The jury then rose from their seats and the Court
commenced tho charge The length OF time tho cause
20 deliver the charge TO tho Jury that afternoon The
fact that tho two agreed together defraud
tue United states was not sufficient, without some
was dono, AMI which made all tho parties
serned liable 10 be indicted. rho charge In
!his case was that SCOTT, Owen and
design 70 import silks into this country with.
out paying duty II was not for tho jury consider
jury could not convict in this case unless
they found tnat there understanding
proven. The jury had tho right 70 convict upon tho
testimony OF an accomplish alone, but II was wise TO
have that testimony corroOoratsd The real ques-
ton was whether they believed in Scott. II they
found him perjured one thing II would make the
rest OF his Testimony unreliable unless corroborated
Tho defendant Owen DO convicted on tho charge
that the silks he bought shown 10 have been
bought by HIM IN connection with what was alleged
to be conspiracy. Unless one or other Of the two
Tho jury could not convict 1t stated In the In
dictmcnt tuat two barrels OF silk. marked and
diamond, ontaining sixteen pieces OF silk, were i'm.
ported into this port In tho steamship Queen by the
hands OF the defendant Owen without paying duty.
cumsancos detailed in evidence, showing thar
these Two barrels were brought III without
owen with this BY the payment Of bills
Of exchange, cable transfers and various otters In
asking u verdict tho uuge said that ne would re-
qulrc the jury 10 find whether the Owen act was
proved because It had become necessary Tor Questions
pf law that It should be found separately. 1Ihs next
act wus That oil Scott OF bringing IN twenty -four pieces
Of silk, and which Scott SAID were brought IN BY
Owen. The jury must believe, beyond a reasonable
doubt, that those pieces wero brought In by Owen.
The important Tor the community.
II remarkable auction sales could 60
Ia this city week Tor several years al which
liks were sold considerably below the market price.
II VAS an important consideration that the collection
81 the public revenue was worry much affected BY these
proceedings. Tho jury were intelligent enough TO sec
that the must DO collected not only Tor the
expenses OF The government and tho payment OF the
national debt but for tho protection or that por
hon Of the community who dealt IN articles upon
which duty must DO paid.
Tho Jury retired In the custody OF deputy marshal
1t hai-past three o'clock and ut twenty minutes to
ave O'Clock came into court for Instructions Judge
Benedict sai0 that he had received comm unioatiOn
from the foreman, asking therein IN reference TO the
vdonce 10 the Scott act ana replying he sad that
They must hnd that the goods wero imported by
DIV. n but he could not point 10 any BIT oi evidence
hat would warrant any such conclusion.
Iurned a verdict OF Guilty" against Gran Owen.
The foreman stated that they found that tho owen
had been proved, but that 10 the Scott the
Jury were disagreed eetse4 a..l. .1ta aaf18.#fE II
a Judge Benedict romandcd tho into GUS
tody and said that he would hear the motion of
BEL Tor arrest oil judgment on future day. fffs
The court room, which was well filed with specta.
ors up TO the arrival of the jury, was then cleared
and the defendants were removed 10 Ludlow Street
Jail rts a8s MI f4ee