The New York herald., 1877-11-29
THE COURTS.
Opening for the Defence in the Silk
Smuggling Trial.
ALL1GER BROTHERS BAIL.
Singular Story Told by the Widow Of the
Late Reuben Withex.
EsTHETICs OF MINsTRELsY.

rn. trial Of ths dofendants Owen and Gra1 for the
..god silk smuerl,ng frauds was renewed yesterday
afternoon before Judge Benedict Assistant Dstfict
Attorneys Foster and Herrck appeared for the prose-
cution; ox-Judge A. Dttenhoeier, MI. =. A. Lane
and Mr.. Lewis Post tor the defendants
Al the closing OF the trial on Tuesday Judge Ben
soict Il will be- remembered, required General Foster
70 indicate him In what way he had proven that the
twenty-tour pieces OF silk. charged III the indictment
10 nave been concealed BY John Scott constituting
tho second overt act which the government relied,
had been imported. In reply he stated that II would
REQUIRE some limo point out tho evidence. and he
was gwen until yesterday for tins pur-
pose. AT the opening Of tho Court yesterday
General Foster stated that he admitted that
tho evidence was not clear nor conclusive, and en-
tely infercntia He called special attention to The
fact that Scott had testified that he received INVOICES
for all goods brought by Owen and that Scott had
made out an invoice Tor these twenty-four pieces Tor
wilmcrdng, Hoguet Co.
Judge Dittcnhoeicr, replying, sad:-Poins out to
the Cour. tho steamer aud day on which the goods
arrived, and the country IRON which they came Gen.
eral Foster replied that ne could not
Judge Dlttenhoefer asked How, then, can the de-
PENDANTS deiend themselves against this cnurge, gv-
ing them no particulars OF date, time or country
manifest OF ship return Of Custom House ofccrsy
chance, would you force thcm into trial without
OF any particular charger All the District At
yorney has shown that Scott has stated that owen
rave him invoices for all the goods he brought But
inc question Did he bring these goods. No proof
Is shown that ho did Nor does The alleged remit
lance him OF f42, equal 70 $2l0, ON April II,
month alter nc received $4,000 from Wilmerding,
Hoguet x Co., claimed by the government 70 DO tue
proceeds OF these twenty Tour pieces, tally IN amount
or date. and thus neither forward from Europe nor
backward TO Europe IL there any connection made
between these twcnty-iour pieces aud owen.
Tho Judge said That ne thought the best disposition
to make vi this and kindred motions was 10 let the
Jury pass them. II there was an acquittal that
ended tho matter; " there was conviction, this
question could passed upon moro deliberately on
motion, and If the verdict was not justified It would
NE john Ochiltree was the first witness called for
the defence, ana asked whether ho had produced
books showing exchange purchased ~ Jonn Scott, of
Stuart Co., bankers ior other parties than the do
fendants.
ME- rostcr objected-Question allowed.
Witness resumed-The money was sent by cable
transfer he hnd list made out OF Scotps exchange;
Scott purchased from stuart Co. exchange tor other
persons than those indicted, AT the Same time that
he secured money IRON Wilmerdng Hoguet L. Co.,
claimed 10 be the proceeds OF owen Skis Witness
was requested to tho list prepared. BY the next
session couri, OF Scotts exchange. Hc promised
shat he would and left tho stand.
Mr.. Lester l.. Moseloy was then called, and on being
handed exhibit No. "a was asked II ho could describe
the quality Of silks IN that invoice. He answered that
ho only describe The number OF qualities by look
Ing tho INVOICE ana the limit oil The price VAS also
indicated by the invoice; he could not estimate tho
market value OF silks because ho did not claim 10 be
judge
list required. 1t marked Tor identification and he
was examined aud cross-cxamined respecungiL
The lIst was read ana Was as ioows:-
Bill of exchange, IL, los. January r. 1877,
81, 1888 IL, In favor OF J. e. Cooper, Manchester,
Epgahd cable transfers, January 1G 1874 &5O0 IL;
Rogers RAFFERTY, account OF Owenj. September ID,
1874, f4O0; l. l. Il q. Cooper. Liverpool september
%. 1874, |. G. Cooper, Liverpool, 90; October g.
1874 l. l. q. Cooper, Liverpool f32S .; October o.
1874, Rogers Rafferty,. f377 "A 3; Oclooer "a 1874
]. !. & 9. Cooper, 5000 November H. 1874 Rogers &
Rafferty,, f792 q; February 8, 1870, Rogers Raj
ierty, f300; april Z, 1875, Rogers Rafferty,, f2O0
May IA, 1875, Rogers y Rafferty,, f7va
Mr. Charles Rumpf, o. the firm OF DcGraG Il Co.,
testified that the namo of ''Caruncro Victoria" in-
cuded twelve or fifteen different qualities Of six, tho
prlce Of which ranges from ST. 20 10 81 IN New York
at the present time. There was discount Of fifteen
per cent IRON that price since the year 1870
The Court here adjourneu until tomorrow morning.