The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-01
TINE ALLEGED ALCOHOL FRAUDS.

-~~>~~<>->~~~~~~~~~-~~~~-
Investiga tion Before Justice Bowling.
The case Of the people the complaint Of Nelson X
Wheeler against william Chase Barney Benthan Fabian
and Captain Reginald Chauncey was resumed yesterday
before Justice Bowling, Il the Tombs Mr. sedgwick
appeared for the prosecution and Mr. Edwin James and
Mr.. Holmes for the defence.
Tho first witness was Edwin d. Meeks OF % Exchange
place, Custom House internal revenue broker whose
examination commenced ON the 18th ult His
examination recommended yesterday by Mr. Edwin
James, and his testimony covroborated his previous
examination on the whole He said no was not present
waddy Of Information had resolved; don't remember
the day; II tho goods were confscated was 70 re-
ser rsce;va pottton 40 no. know how mnen was
ceive what would DO LEFT after the government had taken
their share; Mr.. Warren promised me that don't re-
member whether before those entry papers were
sgncd; have not received any money for my informa
ton; IT the goods were confscated receive some
this matter between Mr. Warren and mysei he never
70 my knowledge prepared papers In connection with
the expectation Of goods did not the bonds signed
saw Mr. Warren the day after the bonds wero signed;
may have told him that the papers signed my
Office; did not give tho papers to Mr. Warren; nrst
gave them TO my clerk immediately after their com
pletion; l think Mr.. Fabian was present whom the
entries were signed, and which br Scdgwick prodsces;
saw Mr. Barney the day after the entries signed
had many conversations with Mr. Barney; did not
report the conversation held with Barney to Mr..
warren: ! have reported some; II was not in daily
IL
office frequently and told him parts the copverson
Isaw captain chauncey the same day or tho following
,hs, d, ,s entries were signed made charge OF
the ON 70 Mr. Fabian, which to have besides the
share in conscated property was first Informed OF
the three hundred barrels Of alcohol time before
the month OF November; informed by either Mr.
Barney or nv Fabian, ono or them; will NOS swear
that Fabian did do not remember II Mr. Summers was
present at tho time Of the entries being made out my
clerk was not present when these papers were signed
put these entries before Captain Chauncey TO sign
i'm ands a1 i'm hAra Ia
pointed out the place; will not swear that read IL TO
him previous to signing; Captain Chauncey came to my
once wne liug the papers up; did not tell him,
when putting the entries before him. to sign and that It
was merely matter OF form; will not swear that ho
read them before he signed them; he signed them on
the 9TH or 10th Of November; filled up the papers from
the gauger's returns; either Mr. Fabian or Mr. Cooke
brought me the returns the papers were sworn TO at tho
Custom House the next day; was present; Mr. Warren
was not; saw Mr.. Barney the same day the papers
were signed
willcrt r. Warren, examined by Mr. sedgwick said
the port Of New York and had the general charge of all
exports either for warehouse or for benefit OF draw
backs on what is known debenture goods under tho
internal revenue; 1t Is duty also to see that dupl
cate Of the entry which the exporter makes s filed in
the Custom House, and notice from the Collector Of
Customs that such entry has been properly filed in his
Office and that the proper bond has been signed in the
expectation Of goods from the country issue my order
to the sorckeeper Of the warehouse TO deliver the
chandsc in practice It Ia delivered to the party himself
require Of the storekeepcr to return to receipt or
certificate which he takes from the officer Of the
toms to whom he has delivered these goods Here the
Witness explained the nods oerdndi Of the workings OF
the Custom Housc) ResuIning he saidI was first in
formed of this matter under investigation about
the lst OF October; Mr.. Meeks informed me; imme-
diaey went to the Custom House and inquired for Judge
Wheeler in the Drawback Department. whore the defend
ant Barney, was clerk have had conversation sub
sequcnty with the defendant Barney but not this sub
jcct afterwards had conversation with him on this
subject; II was the same day that the exposition
made In relation to the bond II either the 18th
the 18th that the exposition made while seeking
for Mr. Wheeler In the Custom House had to pass Bar
ncy's desk, and he said You are just the man want
70 see; want to inquire about shipment Of goods from
the warehouse and said, Goods he got out of the
warehouse without the export bond being givcn;''
replied that 81 guessed they could not" and he said
che guessed they could for 1t had been DONE or some
thing to that elect said "wcl now when you say
that 1t has been done you begin to interest me- want
TO find out how Is done he again asserted that 1t had
been done, and asked him TO cite me any he
ferred 10 case OF shipment Of twenty five barrels Of
tobacco shipped from Boston, which had been placed
been made out; he said he wanted TO get posted the
method OF shipping goods from this warehouse for"
said he Il believe there s cheating going on, and am
after those feows; he did not mention any Mr.
Barney Informed me once that no rather in
the capacity of detective In the Custom House;
Mr. Barney continued his conversation with me, and
said, Snow, after you issue your order what ia done
nex said at goes TO the storekeeper and then either
the storckeeper or an inspector goes 10 the vessel 70 sec
that the goods arrive there, and they deliver them to
the customs officer OF the district and take his receipt
the district officers duty Is TO that tho goods go
aboard tho vessels no asked me show did know that
these goods left the por2' 10 which replied that
1--WE do not always know perhaps the goods taken
Have YOU not not any secret poIceY snd "No:" he
said ''Has not the Custom Houscs' replied ssNo not
that was aware Of or something to that effect; that is
oil the conversation l rccoect which occurred at
that time there was something further; had no
further conversation with Barney appertainng
10 this subject until tho day OF the exposi.
ton, which the 18th 10TH / then sit
ting al Judge Whecors desk in the Custom House, il
was in the afternoon; Mr.. Barney was passing behind
tho railing, and stopped and asked mo II was going
into my office; told him should be there In aftcen
minutes he said that he going into my Office, and
matter Ind been bcfor, the Collector OF the Port
ton TO the bonds; Barney TO Office afterwards:
he came TO ask mo II the entries had been sent from
tho Custom House to my Office; replied, edward
says he has locked for them and did not find thcm
the duty OF the Custom House messenger 10 bring
the bonds and sometimes called FOR them myself;
Barney also said he wanted TO find the ENTREES and that
he could not get Mt them, and believed that Judge
Wheeler had got them and taken care OF them
thing to- that effect; he said in q somewhat excited
manner that he would have thcm he had TO take them
out Of somebody's hide, and made threats about
Gaming Judge Wheeler asked him what he wanted the
entries for and he said, "well don't You see, when
ind the entries will then what warehouse the al
cool wus stored Ia, and when DndLhe alcohol will lind
who is the owner, and then will End who the
srcr and from him get 10 know who was the exporter
said never mind about the peppers then said TO him.
question, who il Mr. Ciancey? that what want 10
know" asked him, sDo You not know Mr. Clanceyi"
he replied 'sKnow Canccy' how shoaid know himy''
asked him n he did NOT reoocct the man who signed
the bond, and he said. ~ do not how should rcrcm
bcrs there arc so many people coming TO sign bonds
that II all that said that day; he exhib
tied great anxiety 10 get hold of the entries;
he came again the next day 70 my Office askcd him II
he had found anything relation the execution
OF those bonds and who those parties were he replied
that he bad found out who purchased the alcohol OF
Cuthbert Cunningham he said u was one Fabian;
asked him who Fabian was aud he said "Ab that Is the
question " thought he seemed TO evade direct reply
and asked him again II he did not know Fabian and he
replied, "How should know Fabianin ! asked him
again tho same question, and he said mo-: there was
more general conversation In relation TO this matter.
which cannot detail; Mr.. Barney came 10 my once
several times subsequently, time, in the presence OF
another gentleman after some conversation relative TO
this matter, said Here is something 10 show
you-see II any OF you recognize him, taking at the
same time photograph OF Fabian out OF my pocket
and handing IL 10 Mr.. Barney; he looked al IL and he
SAID eyes know that man, and he is tho very man am
looking for;" said, .You know him, then and he
piled, eyes, that s Fabian said Barney, Ithoaght
ysu did not know Fabian, AMI, before he answered,
another gentleman, Mr.. stubbns said TO him, You
not know Faban why, you DO know Fabian Barney
Iephea, .soAn, 1ut go nI. 1now We, ,,e