The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-08-10
OGDEN.
WEDNESDAY,, Aug TO- 1892.
STEVENS BOUND OVER
He will Smuggle No More Opium
for a While.
Fourth Districs Court-1he Preston Habeas
Corpus Case-GeneIai
6leaningL
WEDNESDAY,,

The preliminary hearing of Seth B.
Stevens the opium smugsler, was called
up before United States Commissioner
Hulaniski yesterday mornlng at 10 o'clock.
The prosecution was represented by Ed
ward NJ. Allison, jr. and the defendant by
H. w. Smith.
Stevens evidently realized that in his
efforts to defrsud Uncle Sam by smuggling
the Chinese drug into his domain he had
got himself into a very serious pred lea
ment and that as the law is very rigid in
such cases, the end Of his trouble is long
way of. The expression on his pallid face
fOretold that his participation in the opiu n
smuggling business was indefinitely al an
end.
Stevens Is young man, perhaps about
20 years Of age, and has been seen in this
city several times during the past few
months.
The first witness called and sworn was
Deputy United States Marshal IS. a. Bow
man, who stated that be had known the
defendant since his arrest, which was con-
summaied by himself, Deputy Butcher and
Chief Of Police John w. Metcalf in the
Bennett block on the Sth inst. Bowman
knocked at the door of the ROOM occu-
pied by Stevens, and he answered 10 it.
Bowman asked him If he WIS MIR. Stevens
and he replied that he was, and ne was
tbereupon placed under arrest Stevens
showed some resistance but be was at once
handcpffec, when he remarked "thst be
would like to Know who had given him
away" The room WIS searched and some
money and two valises which contained
opium were found. Stevens seemed very
much surprised ct his arrest. In the
search q check was found for q trunk at
the Union depot and also an express bag
.ot4r = = .
trunk from the depot and had it taken TO
the city hall where it was opened. In it
were found 2lS cases Of opium.
Al this luncture wig was produced and
offered to the court as evidence which the
witness stated he had found in the trunk.
Attorney Smith objected TO it being
offered IS evidence on the grounds that II
didn't tend 10 prove that it was used for
the purpose of the disguise of the defend
ant in the commission OF the crime with
which he is charged.
Attorney Allison argued that although it
was true that no one of the witnesses pres
eat hsd seen the defendant in disguise. il
was TO be inferred aud presumed, by the
fact that he had it in his possession, that
he applied 10 that use while in the act OF
committing the offense charged.
The objection OF the defendants counsel
was overruled.
The amount Of money found in the pos
GGS1iDu u tut uSACu40ut WAS -. jul ~
Chief OF Police John w. MetCslf was the
next witness sworn. He stated that the
arrest was made by Marshal Bowman and
himself. When Stevens was placed under
errest he made en- effort to get away.
Handouts were placed on him and he made
the remark, you have everything l have
in this world, yoa might just as well shoot
me'
Witness stated he told the jailer to make
q search OF Stevens when be was taken 10
the station, as he had made a hurried
search Of him. The iailor did so and pair
CT spectscles were found. Witness told
Stevens that he guessed he didn't have ery
further use for them and be replied, mo,
but If he had Lad them on in the morning
be would not be where he is.'
A diary aud package of letters were
produced which MIR. Allison offered IS
evidence.
Marshsl Bowman was recalled and
stated thst Stevens had told him that be
was born il New Hampshire ana was c
citizen Of the United States. Witness had
asked him what his opium was selling for
and he stated that it varied. but al present
ne was selling il for about 81 less than the
dutr, which is Sl2.
The case then rested and. according to
custom. Attorney Smith moved that his
client be discharged.
Attorney Allison in his arguments fol-
lowed the notes put down in shs diary. the
property Of the defendant. The daily no
tations were begun about three months
ago ard up 10 his arrival in Ogden last
Friday morning
In places where he had made many sales
IL was noted, but IN 10 place did he record
what il was that he had sold, or to the par
ties to whom he had made the exchange.
According TO the notations in the diary
after several days travel overland, on the
morning of the oath OF July, about 2,
o'clock, he left camp in the British posses
sions and started fer the United States
border line and crossing it about O'Clock |
From the tone OF the diary and the let
tiers found IN Stevens possession, there is
no question OF doubt that he has confeder-
ates somewhere, whose names he was
careful 10 conceal
The information Of the movements of 4
Stevens were furnished the officers BY q |
Chinaman by the name of Chin whom he /
had taken to his room and made an effort |
to dispose Of his goods.
Stevens was bound over to await the ac- |
ton OF the grand jury In bonds of 50, 500 |
which he could not give and was remanded |
TO the custody Of the United States mar
shall
The defendant's counsel in behalf OF his /
client, offered 10 pay the duty on the goods, |
which would amount 70 &, 100, If the pros |
ecution would dismiss the case as il was a |
very customary manner of the government
70 dispose OF such cases in that manner. ]