The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-11-08
Additional Testimony Against the
Alleged Silk Smugglers.
A BLOW AT LIFE INSURANCE
Going West, but Returning a
Sadder, Poorer Man.
RIGHTS OF EMINE EMIT DOMAIN.

government out OF large amount Of duties by SNUG
Cling silks continued In the United States Circuit
Court, yesterday, before Judge Benedict ana jury.
AS heretofore, the prosecution conducted by As.
sistant United States Attorneys General Foster and
Mr. Herrck and tho defence by exJ Dittenhoefer
aud Messrs Frederick A. Lane and LOUIS f. Post
John Scott tho accomplish and principal witness for
the government first called TO tho witness stand,
but was temporarily Withdrawn for tho purpose OF
Offering the testimony of Mr.. Robert B. Drummond
clerk tho banking house off, & J. Stuart. He tes
tined his business was that OF drawing bills Of
exchange under date OF January s, 1875, he found
the books the record of several drafts; he did not
make those entries, and did not know where the
clerk who did mako them; on the 18th
OF September or tho year he found other entries
OF sold which in his handwriting The wit
ness testimony to tho first entries ruled
incompetent in the then state OF the testimony
rs to the impossiblity OF producing tho clerk who
made them. AS TO the otner entries ex Judge Dit.
tcnhoeer objected to the competency of the witness
testimony, but the Court admitted it, 1t was that
among the drafts sold and entered by him he found
number to the name OF T. G. Owen, one OF the alleged
conspirators on that date, and subsequently, thereto,
the statement OF these drafts, which had been pre-
viousy offered In tho and rejected, copied
from the books by HIM 1t exact copy, except
In respect the numbers and the the had
10
Counsel for the accused objected to the memoran.
dunn being admitted In evidence unless It was full
copy OF the record of the books and the Court held
that 1t be made In Iul copy before being offered
In evidence. The witness then testified from memory
that the drafts referred TO drawn OF l.
q. Owen, one OF the accused; +. NJ. Walker, William
johnson, John Wells, James Wells, Mrs. Maggie and
On cross examination by Judge Dittenhoefer tho
witness SAID there might have been others whose
favor Scott bought drafts whose names he could not
Nage. aud did net think IL was gwen; he never
any OF the parties IN whose favor the drafts mad been
drawn; he believed all the entries OF drafts
the statement offered were made III his handwriting,
but was not sure; he could not say il all tue drafts
were bought from HIM personally but he had sold TO
Scott repeatedly drafts drawn 10 the order OF tho
sons named by nim.
his testimony from the previous days, to the elect that
the oatmeal barrels previously testified TO were opened
VI No. % Varick street; they were small Imprinted
casks; he knocked the head out oil ana threw Il
among his hrcwood, ana II was subsequently burned
up; he opened 1t III April, 1870; diu not recocct If
any was present when he opened III after opening
II he put the barrel Ia the closet there were four
wants and his family IN the house. aud his wife kept
boardlLg house; he did not the head OF the keg
burned, and could not say OF his own knowledge that
IL was burned.
General Foster, on behalf OF the prosecution
ing that the testimony showed the head OF
kes or barrel TO have been burned up offered to prove
the marks That it. This objected by
counsel Tor the defendants, on tho ground that a
foundation had been laid for " by sufficient proof
that head had been destroyed. The testimony
admitted, and was that the letter was it, To
juror no asked him what there was peculiar about
the letter that he should remember IL the witness
answered that he remembered II because tho
first he got barrel cal, he
enc TWO barrels he tnen received two bar
OF silks To another Juror he answered tuat the
letter the barrels obtaining the silks the
as thai on inc barrels of meal.
Five barrels about OF those used for Hour
potatoes IN the New York market were now produced
III Court exhibits in the and Identified by
Ms having been before seen by hun at Duniaps Ex-
press Office, No LIS Franklin street. he next them
III the room Of James Mexican, The clesk Of dunlap,
and out OF them he there took iory pieces vi SILK he
packed the silks IN four cases. this was about the 25th
OF June this year
Al tbs point General proposed put the bar
reis III evidence but ex.Judgo Dntenhoeier wanted
hrst to examine the witness as TO his capacity TO lden-
tiiy the barre.s To this General Foster objected,
claiming that cross-exanination intervening ia the
course OF the direct Testimony OF witness reyu-
lar and should be deferred until the direct examination
closed.
Judge Benedict thought the cross-examin nation to
the witness knowledge oil the identity Of the barrels
proper, as the prosecuting attorney bad discon
tuued witness personal testimony and s'calied
upon The barrels 10 speak,. While the cross-exainn-
alton was preceding General Foster wthurew the bar.
rcls offered their heads evidence instead Elk.
Judge Dttep hoecr IN order TO test the capacity oil
witness TO identify them handed the witness some
pieces heads and asked him could make mead
out OF them. CHANGING u moment at the Incomplete
circle the boards formed the witness sad he was
stupid as TO take that tor barrel head aud It
AL insult 10 him TO suppose he would.
''Be assured will never accuse you OF stupidity"
retortcd Judge Dttenhoefer In few minutes Captain
Bracket approached the Bench with armiu OF
pieces Of barrel heads whica General Foster offered
"hrcwood" beng admitted inevdeuce but on the wit
hess say he could swear positively mat these
the heads oil the barrels wbicn laned the silk the
testimony was admitted by the Court Following tins
was offered sample cards ci alpaca braids and silk
bindings which Tue government proposed to prove
camc the barrels ana accom- MED proposition 10
dciraud tue government in goods other than Silks,
but the testimony was ruled out. Several letters were
put evidence advising Scott OF tho ship
ment oil goods 10 nm ana signed o. G. r., winch
the witness identified as having been written by
Owen. The witness continuing, said had a CONVEX
discUntinung the business, he was sick Of 1t;
within the past three years ne HAD received pieces OF
silk irregularly tho number OF sixteen hun-
0red; he also received laces IN trunks the
MANNER he had received a barrel from owen IN Feb
ruary last. THIS followed by question requiring
the witness 10 dcscrbe this barrel, including tho
marks on IL TO tins tue counsel Tor the defendants
objected. claiming that no proper foundation had
Lard Tor secondary evidence OF this character without
showing the loss or destruction OF the barrel An
argument OF some length ensued this question ny
General Foster, on tho part oil the government, and
Mr. LOUIS r. Post, on the part OF the defendants, at
the CONCLUSION OF which Judge Benedict reserved hrs
decision, ana 1t being the usual hour to adjourn
court an adjournment was taken until this morning.
THE LIFE INSURANCE SUITS.
The cases OF tho insurance officers, DR.. Thomas 8.
Lambert, president; James Cruikshank, secretary,
ana Alexander J. Reid, actuary OF the American
Popular Lie Insurance Company, indicted for perjury
IN having sworn TO false statements OF their rcspcc-
tive company's affairs, were called before Judge DAVIS.
Robert Ia Case aud Isaac Allen, vi the Security Lie,
Assistant District Attorney Rollins said that the
Eel ior the defendants were ready 30 with the
case but tho Deputy superintendent Of the Insurance
Department being absent, ne would be ready TO move
the TINS morning. Inc Vi DR.. Thomas D.
Lambert, oil tho Popular Lie, was called. Colonel
Charles spencer appeared Tor the defendant He said
that he intended TO make motion to-day quash the
Indictment Inc cases were thcn adjourned unLli this
morning. The only other business transacted WAS
calling to the bar 10 plead Edward u. Utto md James
Gorn.an, charged with murder, and disInissiDg tho
Grand Jury tin The l6th inst ~ being expected that
The intervening time would DO occupied the trials
Di the indicted lie insurance company oiicials
PENALTY OF GOING WEST.
The trial of a rather singular suit was commenced
yesterday before Judge Donohue holding supreme
Court, Circuit. The plaintiff, August Brock states
that IN 1876 living arcnled farm near Yon-
kers; that, thinking he could better his condition, he
went Wisconsin, but not being successful there he
sent Tor money with which return home which his