The Portland daily press., 1889-10-22
U. s. CIRCUIT COURT.
BEFORE JUDGE wEBB.


MoNDAY-The defense In the Eastport alleged
smuggling base began in the Circuit Court, before
Judge Webb yesterday morning. Mr.. Curran
made the opening for the defense. alleging that
the schooner Etna May was In the river al Lubec
at the lime that the government witnesses swore
she WIS at Camp0belo. He said witnesses would
swear that they went down the river at the same
time that the Edna May did, and that their YES
sells were becalmed and all had TO anchor twice
going down for lack If wind aud ii would be I'M
possible for the seized schooner to have been at
Mr.. Z. H. Sprague was the first witness. He
testinef Am claimant In this case; live in
PEMBROKE; business is somewhat complicated
deal In WOOL iron, hides, skins, etc, in the wool
business buy The clip buy the skins and pull
them; buy hem In our own vicinity also in Bos-
ION ana III The provinces and Prince Edwards ISL
and The wool Is shipped by a sailing vessel the
Edna May, own her; she is used for geneisl.
freighting busine IS; she takes goods down the
river ana delivers them to the International line
OF steamers. Our wool Is always shipped from
Pembroke on the Edna May, we have store
house at Pembroke; use Mr.. Patchs storehouss
at CampObellO TO keep wool until get a quantity
TO enter at the custom HOUSE, at EastporG; it IS
taken TO Pembroke. sorted there aud The wool Is
pulled from such skins as are bought.
Campnbell0 and they dill not g. there 10 my
knowledge. was not at home when the vessels
were loaded ON the 18th of June, The captain
loaded the vessel himself. Mr. Sprague read list
of the freight taken from he boat after the seizure
The cross examination brought out that Mr..
Sp aeue did large amount OF buying In the prov
forwarding agent, Mr.. j M. Johnson, whom he
employed TO look after his Interests there. Mr.
Spragile further testified that the six bales If
wool not mark were taken by the captain, both
Mr.. Sprague and his son being absent on the day
In question. This wool he knew TO have been
stored in Pembroke and the captain knew 1t was
Several witnesses testified to seeing wool load
ed on board at Pembroke at about noon on June
2Sih
Capt Spofford the captain of the Edna May,
testified that he took all the wool which was on
the schooner at the time OF the seizure at Penn
broke. That he had very rough passage anu
was obliged TO beat down past the city to John
sons bay where he says Officer johnson found
him after losing sight The vessel which he says
70 campobello at all or that the Edna May was
there on that night
stand, testifying in regard TO certain changes
which MIR. johnson thought had been made. Mr.
Johns n made no demand for a man fest. Spoke
about clearance, Captain SAID he had none, had
no use for any There were six or seven bales Of
wood ON deck. Loaded every pound of wool that
was on board W en- MIR. johnson boarded at Penn
broke. Denied absolutely that the schoont
landed at the snug cove. 1t was impossible TO have
landed there on June 20, on account OF the state
Of the tide. before len O'Clock, at the earliest.
Captain Spofford afterward pointed out on the
chart his course after which District Attorney
Bird cross-examined him at length, as to his
voyage from Pembroke and in regard to Mr..
Johnson's visit, but nothing new was developed.
Mr.. Horace K. Hersey, the crew of The Edna May,
was called, He told Straightforward story fully
corroberating the captains testimony. Capt.
VIM. r. Smith of the schooner Charley Ross,
which followed the Edna May from Pembroke on
the 18th of June, corroberated the other
witnesses in regard TO the Edna Mays call
at Lubec, after which the defense rested ils case
The government introoced in rebuttsl the signal
service report Of the weather on the 28th Of june
and presented other testimony corrOborating Mr..
Johns0n's testimony In regard TO the visit TO the
warehouse In st. John when some sixty bales of
wool were marked with Irvine.
Mr.. L. Aubrey Byrne was then put upon the
stand to testify IN regard to the importat0ns of
wool by the Spragues from Campobello to East
port Documents from the Custom House at
EastpOrt were introduced showing that an entry
was made on April 8, 1889, and another on Oct.
%, 1863, and one on Aug. 3, 1889. He exhibit
ted table showing all the importations since
isse,, MT. johnson was called in re,
Captain Spofford, and explained other
examination. Henry Whelpley was called and
questioned in regard 10 the course OF The vesse
when they were following her. The government
rested its case at the close of Whelpleys testi-
mony on account of the absence of a witness who
was expected TO arrive late in the afternoon.
After consultation however 1t was decided to
suspend for a few moments in the hope of his
arrival Mr. VIM. II. Warren, inspector VI
customs at Eastp0It, was the witness. he testi-
a. that he examined wool in the Milliken ware
house Sunday, that there were % bales there,
IL Of which were mark, ROllif, katon & Co.,
Boston, from Z. ii. s. & s. On four bales he
found mark a MANILA cOlored piece Of twine
knotted twice and cut of. This closed the
testimony. The arguments will be heard this
morning at 8 O'Clock.