The New York herald., 1877-11-03
THE COURTS.
Continuation of the Trial of the
Alleged Silk Smugglers
ALIdONY GIVEN MRS. HASSLACHER.
Memento Of Frank /. Taintor. the De-
tauItIng Bank Cashier.
TAKING NOTE OF TIME.

Tho trial was resumed yesterday morning. before
Judge Benedict and tho jury, OF Thomas G. owen,
Alvin Graf Edgar 3. Andrews and Thomas Gray
charged with smuggling silks into this port on steamers
belonging to the National Steamship Company line
ExJudge Dttenho oefer and Mt Lane appeared for tho
defendants and Assistant District Attorneys Foster
and Hcrrick for the government The attendance OF
spectators was not large. On the opening OF the Court
counsel for the defence asked that all witnesses not
under examination requested TO leave the room, aud
only the witness under examination be admitted IN
Court during the trial, which request was OF course
COMPLIED with The opened by Assistant Dis
trict Attorney Foster, who explained tho mode by
which the silks smuggled-aready familiar to tho
readers of the HERALD-and urged the connection OF
the defendants with the conspiracy TO deiraud the
government.
The first witness called was John Scott TALL lank,
lean Scotcnman, who spoke with broad Scotch ac-
cent The testimony OF this wtnoss was objected to
on the ground that he under Indictment for the
same offence as the defendants. Assistant District
Attorney Foster then moved for a nolle proscqu TO be
entered for this Witness which granted, and the
witness proceeded, amid great number of objections
by defendants counsel TO give his testimony as fol-
lows:-
have known Alvin Graf, formerly superintendent
Of the National Steamship Company, for tho last four
years; know also Mr. T. G. Owen, who was purser OF
tho steamship Queen; know also Richard Clark,
wholesale dry goods merchant, Of Manchester, Eng
land; Clark Is member Of the nrm OF }. J. & G.
Cooper, OF that place; also the drm OF Wilmer.
ding Hoguet Co., auctioncers, OF this city, TO whom
sen! silks 90 bo sold; during the last last Ahree years
Owen had had six shipments or suK; ! received
silks Tor 4. e. Owen J. Graham, +. M walker. John
Wells, James Wells f. H. Owen and others. saw
owen AT No. 23 varck street. where tho silks were
taken; }. T. Nage, who was purscr OF Inc steamship
company, asked oy me TO bring over laces from
L. ~ nf Andn nd Ia4r n
10 per cent commission and fl0 per package
An objection here taken by exJadge Ditonhoeler
TO this evidence the ground that the Dstrct Ator
ney has 10 SHOW that conspiracy or agreement ex-
isted among all the parties Implicated Separate
independent conspraces even with Identical obJocls,
0iu not prove a general conspiracy. Tho defendants
were before the Court under an omnibus Indictment
and their conspiracy with Nagie had not been proved
and the witness had no right give evidence the
part the defendants as TO what Nagie said
The Court directed the witness to answer orony
SO tar as the present defendants concerned
Witness then proceeded with his testimony ss fol
lows:-I sent fl0 10 Graft; the other proceeds re-
m,ttcd TO James T. Nagle; made arrangements with
Edward II. Owen TO BRING out Silks LOT him Edward
proceeds Edward H. Owen at Liverpool; l was 70
give Wells, storekecper OF tho Denmark. proceeds or
the sale OF Silk or i've per cent commission was TO
pay the proceeds OF certain silk also 70 Edgar H.
Andrews, who q freight clerk OF the line, after
deduclng fve per cent commission; also made an
the Canada, Of the National ne 10 receive silks and
sell them by auction the four papers produced were
given me by Thomas c. owen; l saw the goods
described in this Dunlaps Express Office. l28
Franklin street, did not soc the goods only saw the
case some silks at Wimerding, Hoguet Il Co.
snat resembcd described the nvoco received
some money from Wimerding, hoguct Il Co. about a
week alter the sale by auction L. Was in the neigh
bornood oi 81 900; collected It and rcmitted 70 r.
q. owen, oil Liverpool; was instructed TO do SO by
the defendant; the draft produced. dated Attn De-
csmber. ls14 tho second Of exchange was sen by me
to Thomas Q. Owen; this was for silks received by
oblecuon was here taken by ex-Judge Dittenhoefer
that II Mr. Owen received that money tho hrst OF ex
change IN existence az the 0ankers that II can DO
lint lnA n
change was evidence and that the first OF ex-
change would have The Endorsement Of Owen, II he
received the money.
Judge Bencdict said that he would receive It tho
ground lnat the first OF exchange was like tho second
and let IL 20 tor what It WAS worth TO that extent
Witness resumcd-I had conversation with GraH
In June last and the substance OF that conversation
was as folows:-Gran said, II want TO learn from
YOU what the cases were that Tom Owen brought"
/ informed the contained three barrelR
Gran tod at that time nat he got IS each barrel;
the silks brought to mo in barrels; about a
year halt ago they were brought IN cases;
owen told that he could get case landed contain
ing sixteen barrels the same price one contains
ing eight; remember Mr. jackson and myself rent
ing the General Order Stores
Ex.Juugc Ditlenhoeier objected to this answer on
the ground that what was attempted TO be shown W
The answer was utterly mmaterlai inasmnch as tho
defendants trai Tor bringing OF silks 10 this
port without paying the duty, and not that number
OF barrels now iying IN the stores contained cement
and oatmeal Another objection was that these men
had not yet been proved 10 be conspirators IN this
transaction.
The Court allowed the question, and witness again
resumed:-i some small boxes contain ning rice,
sugar and tea; the box produced rs OF them only
one OF them was opened; am not certain that !
opened than one; one cortaihed oatmeal We
compared them with the manifest and found them
correct; Mr.. owen told me that he landed case OF
oatmeal to represent what was IN the box; only
know that the other boxes contained oatmeai from
what Mr. owen said; tho other nine boxes saw at
the General Order stores
1t was proposed 10 put the boxes IN evidence, and
Mr.. Dttenhofer said he should crossexamlne the wit
ness boxes at once they were put There
to be ttle hesitation 10 put the in
evidence, and while tho counsel were deiibcrating
Judge Benedict said he would aajodrn tho court and
Adjournment taken until Monaay morning.