The Portland daily press., 1889-10-19
U. s. CIRCUIT COURT.

BEFORE JUDGE WEBB.
United States. by information, VS.. Schoon-
er Edna May.
The PASSPORT wool smuggling case which
has been under the eyes of the government
officials since last March. has been finally
put into shape by MIR. I. Aubrey Byrne, the
special treasury agent who has had it in
charge, and was opened 10 the United States
Circuit Court yesterday before Judge Webb,
without a jury. The official title of the case
Is the United States, by information, versus
the schoon,r Edna May of Pembroke, and
her cargo Of % bales of wool libelled by
Richard M. johnson, special inspector.
The action Is brought by the government
under section 5000 OF the Revised Statutes of
the United States. which reads:
III the master. or other person having charge OF
any vessel. boat canoe. or raft, or the conductor
or driver Of any carriage sleigh, or any other
person bringing merchandise, shall neglect or re.
fuse 70 deliver the manifest required by law or
pass by or avoid such customs .effice, the mer-
chabdise subject to duty and so imported shall be
forfeited to the United states, together with the
vessel etc, the tackle, apparel and furniture of
other importer, shall be subject TO penalty of
four times the value of the merchandise so i'm
ported.
The government is representedlby District
Attorney George Z. Bird, the owners of the
vessel by G. A. Curran Esq, OF Calais, and
Hon. Henry Il. Cleayes of this city,
The case was called for 3 o'clock yesterday
afternoon, at which time the counsel for both
sides asked Tor postponement as some of
the witnesses were not prepared. Judge
Webb. however, said that both sides had Tad
ample time to secure their witnesses, and as
the case involved articles that might deterior-
ate in value through delay, he refused to al
low continuance, saying that they would
then opened the case for the government,
reading the allegation and libel of Richard
M, johnson. This charged that on the
night of the 2Sth Of June, 1889. the schooner
Edna May Of Pembroke, whereof E. FL.
Sprague & Son were owners, plying between
coastwise ports entered the port OF Eastport
with % bales OF wool on board which were
brought from foreign port, st. John, N. b.,
which had never paid duty as required by
law, and that the master neglected or refused
to deliver To the customs authorities mani
fest for the wool which was foreign wool
that had never before been in an American
port For which offense the vessel was
seized by Mr.. johnson. To this the respon-
dents made answer. admitting that no mani
Test was shown to the officers, and admitting
that the vessel was seized by Mr.. johnson,
and admitting that they had imported wool
from New Brunswick within the period in
question, for which they had paid duties, but
denying that this wool came from foreign
port, and denying that the wool was foreign
wool On the other hand they claimed that
the vessel came from Pembroke to Eastport
as she frequently did. being a coasting
schooner, and that the wool in question
go to parties in Boston, and Portland on the
steamer. and part to the mill at Eastport,
Mr.. Bird then briefly outlined the govern
ment case stating that he should prove that
on the evening of June 2Sth last, the schooner
Edna May left Pembroke and went to a close
cove on the island Of Campobello, landing at
the wharf and storeh0use of one Patch; that
while there some bales of wool were receiy
ed on board, after which the schooner sailed
70 Treats Island; that when near the island
the course was changed and the vessel ran
toward Pembroke; that early the next morn
ing she was found by the officers
aground at place called Salt Works
Cove IN Eastport; that the officer boarded
her and asked for the manifest, which was
refused; and lastly, that the wool was for
elgn wool which had never before been In
the United States. m $50 9a1 NJ
Richard M. johnson, the special customs
told in detail the story Of his surveillance
of the vessel while the wool was being put
aboard. The operation took fully half an
hour, during which time it grew too dark to
tinctIy heard the bales as sheS We're lowered
On hoard After the vessel was loaded, she
mads ssii-saa headed for Treats Island.
MT. johnson followed in boat, rowed by
Wbelpley. whom he had employed to assist
him. They rowed nearly y miles. going up
Pembroke river, after a fog had obscured
the schooner, and being on the water all
night. In the morning they started back
toward Eastport, looking carefully into all
Of the inlets in search of the schooner, which
they finally found at about o'clock, aground
In Salt Works Cove, which is about three
quarters of a mile from Eastport
custom house. Then Mr.. johnson seized
her for smuggling wool from Campobello.
John A. Batson of Campobello, testified
practically to the same effect as Mr.. john
son.
The case was adjourned to 9 o'clock this
mnrninO