The fourth trial, for the charge of smuggling, began on July 19, 1867 with the entry of a complaint by Edward Eldridge. He introduced himself as an Inspector of Customs and stated that from time to time during the last two years he had received information that Dan Harris was smuggling goods from Victoria and that different persons had heard him "openly boasting of his acts and threatening vengeance on any one who would attempt to interfere with him." Eldridge claimed that on or about the last of June he found out that Dan had gone to Victoria and "resolved to detect him if he brought back any smuggled goods." At about one o'clock in the morning on July 4th, as he was waiting on the beach near Dan's house, he heard a boat approaching and saw that it was Dan. He watched Dan land and heard him go up the hill to his house and open the door. Eldridge then went up to the boat and saw some parcels lying on the beach under a blanket and a barrel of sugar in the boat. Just then he heard another boat pulling by heading for Whatcom. He followed it and returned to Dan's house along with the Sheriff. Upon searching the house they found several articles recognizable as "English goods," a barrel of sugar and some tea. On the beach "amongst the bushes" they found two barrels of sugar covered with wet blankets. Eldridge then "seized the goods and carried them away." Judging by the testimony offered in the third case reviewed above, Eldridge also seized Dan Harris' boat.

    James Kavanaugh, who served as Whatcom County Sheriff from 1862 to 1866, noted this event with the following entry in his diary on July 7th, perhaps recording Dan's unflattering nickname for the first time:

Just learned today that Eldridge nipped Dan Harris, alias "Dirty Dan" with a Lad of smuggled goods from Victoria. Can't say that I am sorry for his trouble; (See Note)

    The court record indicates that on July 19th a complaint was filed with George Insler, Justice of the Peace, by Edward Eldridge charging Daniel Harris with smuggling. The complaint was read in Dan's hearing and he entered a plea of "guilty." The court ordered the prisoner to be committed to answer at the next term of the U.S. District court to be held at Port Townsend. Bail was fixed at five hundred dollars, in default of which the prisoner was given into custody." The fact that Dan Harris was described as a "prisoner" on July 19th indicates that he had been held in custody during the ten-day interval between the two hearings. On July 20th, a bond for $500 was posted by Daniel J. Harris, John R. Davis and Henry Roeder. James Kavanaugh recorded this event in his diary on August 4th or 5th as follows:

Dirty Dan is baled out of prison by John Davis and Capt Roeder. He is blowing and swelling around and drinking in a most shameful manner. He is a hardened thief.

    The case was resumed at Port Townsend on September 2, 1867 before a Grand Jury. U.S. Attorney, Leander Andrews (?) repeated the charge, declaring "That one Daniel Harris late of the County of Whatcom Territory of Washington on the 4th day of July in the year of our Lord 1867. . . did knowingly and fraudulently - with intent to defraud the revenue of the United States of America did smuggle and clandestinely import into the United States of America to wit into the District of Puget Sound No 103 and within the jurisdiction of this Court to wit (one half barrel Sugar Marked Honolulu 3 Sugar 164-14-150. One half barrel Sugar Marked "Honolulu Sugar 147-14-133. One half Barrel Sugar Marked "Honolulu 3 Sugar 158-14-144. Also 11 Papers of Tea. 53 yards Bleached Sheeting 18 ladys Woolen Hats. 9 yards French Gauze. 1 Pair 4 Point Blankets White). Subject to duty by law, and which should have been invoiced - Without paying or accounting for the duty due and payable on said goods Wares and Merchandise. . ." The questions as to what happened to the fourth barrel of sugar originally discovered by Edward Eldridge, what the barrels actually contained and why they were only half full are not answered by the surviving records. On September 3rd, Associate Justice C. B. Darwin, issued a subpoena directing the Federal Marshal "to arrest the body of Daniel Harris and to provide that you have him before the Unites States District Court 3rd Judicial District of WT now in session in the Court House in Port Townsend to answer to an Indictment found by the Grand Jury of Said Court for the Crime of Smuggling." The file indicates that Dan Harris was arrested the same day and taken to jail. The fees for this service totaled $2.56 comprised of $2.00 for serving the warrant, $.06 for one mile of travel and $.50 for the committal to jail. The short distance traveled indicates that Dan Harris was already in Port Townsend, perhaps because of the simultaneous case and to prevent forfeiture of the two $500 bonds.

    On September 3rd, subpoenas were also issued for Edward Eldridge, John Hodges and S. S. H. VanBokkelen (?) to appear as witnesses on behalf of the United States. The following day, subpoenas were issued for Newel Gerrish and James M. Riley to appear as witness on behalf of the defendant. The fees associated with this service indicate that these men were also present in Port Townsend. Curiously, the fee charged for serving them was $.50 in each instance, while the fee charged for serving Dan Harris was $2.00. If any of these witnesses gave testimony, no record has survived.

    A following motion for dismissal was entered at the September 1867 term of the 3rd District Court:

And now Comes Leander Andrews U.S. Atty and moves this Hon Court to set aside the verdict of the of the jury in the above Case for the following reasons to wit:

1st Said verdict is Contrary to the evidence
2nd It is in violation of the Law
3rd It is in opposition to the Positive Instructions of this Court to the jury
4th It sets in defiance and contempt the Laws of the Federal Government

No record of the support for these recommendations has survived. The final entry in the file, dated September 4, 1867, indicates that the "motion to quash overrule. Exception (?) (was) taken and allowed" and that Dan Harris was declared "Not Guilty as Charged (by the) Indictment."

Note: Dan Harris was not the only person to be arrested for smuggling goods from Victoria without a license. In his diary, James Kavanaugh recorded having seized the boat of a Bob Hughes for that same alleged offense on April 4, 1864.

< Trial Three - Table of Contents - Trial Five >