The New York herald., 1877-12-18
THE COURTS.
Efforts to Secure a New Trial for the
Convicted Silk SmugglerS.
Il E S MIS- Err ABL ES."
Injury to Firemen and Liability Of the Fire
Commissioners.

Judge Dittenhoeier occupied tho time OF tho United
States Circuit Court yesterday, Judge Benedict pre-
siding in concluding his argument for a trial in
the OF Owen and Gra the argument lasting from
tho opening of the Court TIL It's adjournment His
gument yesterday was mainly addressed to the
act OF December 4 1875 found by tho jury in their
SPECIAL finding to have been committed by owen, ono
OF the Defendants In connection with this he called
attention the fact that in the indictment the
Lard committed the 81 ol July the steamship
Queen. He argued that this not variance
OF date, which in criminal pleading immateriai,
but that the 81 OF was descriptive Of that partcu
lar voyage OF tho Queen On tho trial. the contrary,
the proved of the 7h Of December there
could ue no presumption that tho TIN OF December
Indicated the same voyage laid in the indictment OF
the 81 OF july. Besides tue prosecution stipulated in
open Court, for the purpose OF preventing nn ad-
1ournmcnt on The part Of ovens who made affidavit
that no had witnesses IN Liverpool TO prove the legal
tty ol the importation charged In tho indictment Of
the Sd oi july that they would not controvert the
fact that the described by the marks alleged
In the Indictment left Liverpool on the Queen June,
1875. IL Lhus stands admitted that the Queen
voyage III juno, arriving here tho 81 OF july,
alleged IN the indictment, having that voyage silks
In Two barrels. marked &c" III a diamond. When,
then, tue prosecution on the trial proved the impor
tation OF Two barrels marked &c, In a diamond,
on tho Queen, December T. II was nota variance
o cate, but shifting 10 different transacticn. He
said that every branch OF tho government was re-
qulred TO keep good aitn-the executive the egsla-
i've and the judicial; that u large portion OF the
Amsrcan people were M ,, now demanding the payment
cordng 10 the strict letter of the law they pay
able in silver we gold The argument Is that
at tho timc OF their Issue II was assumed that they
would be paid in gold and that good laith required
that the understanding should bo kept even though
III doing u was necessary to bennd and bey0Ld
the strict letter OF tho law. SO he demanded that
whatever may be tho legal effect OF this stipulation
made BY the District Attorney to prevent adjourn
mcnt, moved ior by the defendant, good faith
requires that the government should DO
held 10 the evident meaning OF the spulalion other
wise instead Of being notice to the defendants
the allegations they were to meet the stipulation
would IN effect be trap for defendants to aIl
ther rum In conclusion, he said that many years
II has been pleasure TO practice boiore This Court
presided oven by His Honor; that during that time
he had learned TO respect the presiding justice
honorable ighmndcd, CONSCIENTIOUS and Intelligent
Judge. Aud he knew OF greater honor or prouder
achievement than Tor such judge of his accord
there being reviewing tribunal-to reverse his ru-
ings, when satisfied OF their
Az the close oi the above argument tho Court ad-
tourncd tai halipast one r NJ. to-day, General
Foster will reply.