The Norfolk post. [volume] (Norfolk, Va.) 1865-1866, 1865-12-06
THE COURTS.


behalf of the defence, and testified as
loiloWs: ] know the accused. | formed
his acquaintance about six weeks ago.
lie came to my office. having been sent
there by Captain Gilmore, the Provost
Marshal, and informed me that he
lHaynes) was the person about whom
Capt. Gilmore had spoken to me about
several days before. / am not aware of
the duties Of II special agent. Haynes
claimed the right of arresting and filming
persons for violation of the revehue laws,
and reporting them to me. Haynes
stated To me distinctly that he was au-
thorized TO arrest all persons for viola
ting the revenue law, and also to fine
them, and he at no time ever expressed
his doubt upon that right. The law in
regard to imposing fines upon persons
selling liquor without license is obscure,
and there are discretionary powers upon
! that subject 10 the officers ofthe revenue.
Mr.. Haynes arrested Mr.. James for sell
| ing liquor without license, and sent
down to the office for me. ! went into
Haynes room and saw Mr. James there.
and asked him if lie had been selling
liquor without license, aud if he was
aware of the penalty. He said he was
not. tod him what the penalty was,
before the District Court of the United
States. james told me that liquor had
been sold in his store by him, which
was proved and admitted. Mr.. James
and'me are notfriendIy. The President
of the court objected to any testimony
wherein II third party was mentioned
| The counsel for the defence called the
attention of the court To the fact that Mr.
James had been permitted to make Ger
tain declarations in his evidence, reflect
! ing upon Col. Stone, and it was but q
Fquestion OF common Justice TO permit
Col. Stone To make MS statement, in
order that he might be able to vindicate
himself from any imputatiOns upon his
| character. The court was then cleared
| for deIberation upon the objection raised
by the President of the court, General
Mann. After brief period the doors
were again opened and the Recorder
announced that the court had decided
that Col. Stone would be permitted to
make his statement in relation to the |
conversation between himself and Mr. |
James. Col. Stone then proceeded, and |
stated that James had said that the |
liquor was sold by his boy, during his |
absence. While know he was respon- |
sble for the actions of his clerk | stated |
to Mr.. Hayne l had no desire to prose-
cute Mr.. James, and asked him to be as
enient as possible towards him, but / |
license paid, which Mr.. Haynes made
James pay. | did not consider this as a
fine Mr. James said to me when lie
came down stairs that he thought it |
very hard | remarked that the fact had
been proven and admitted, and he got |
Off develish well for $50, including his
license. | had no object i'm prosecuting
James. Mr.. Haynes was competent to
report him to the United States District
Court. Some time during the day, Mr..
Haynes came in my Office and asked if
Mr. James had called for his license. l |
told him no. He (Haynes) remarked to
me, "when he does come, let him have
his license, Ive collected it; here is the
money" handing me The money. In a
few days after, Mr.. James owed the
United States for retail dealers license
which he had taken out. A fter issuing
the grocers license to him, / remarked,
"here is your liquor license, which was
paid for to me by Mr. Haynes" and de-
sired him to take it then. He remarked
that he had paid the money to Haynes,
and he thought he should make Mr..
Haynes pay it back. told him that he
would have an up hill business getting
money back that | demanded for IL
ccnse, and that it had gone to the credit
of the United States, for after the receipt |
of the money he had been assessed by |
the assessor, and charged by the assessor
against the collector, and that had en-
tered the same upon the books of the
Office to the credit of the Department. I
also said to him that he had little ground
of complaint, the fact having been fully |
Al 1t l,,,I ,,I ;,,Io |
laws, and stated to him that / had no
disposition to prosecute him, and that If
he had paid any more money to Mr.. |
Haynes, over and above the license, Mr..
HAYNES was liable to prosecution. / |
never saw any secrecy on the part of
HAYNES in conducting the operations of |
his Office, in reference to offenders. l |
had no doubt as To the authority of the |
accused, and believed that he was acting |
i'm accordance Herewith. The accused |
reported parties to my Office, and exam
ined the books to see if they had com |
piled with the law. His vigilance had a |
decided effect upon the increase of the |
revenue, from the fact that many delin- |
duents came forward and paid That L
could not get my hands on before. Here
the witness, in reply to a careful Report
err, who was DESTROYS of getting his Ian
etlage correct, was instructed by the Re
corder to pay no attention to outside
parties. There are many persons at a
station like this, who follow the army
and remain but IA short time, and do |
business without a license. never have |
been in the office with the accused |
when he imposed fines upon citizens, |
but [ have been in his office when he |
had men before him for violating the |
revenue law, as he sent for me. j recol- |
lect the case of Mr. James, Capt. Rooms, |
and think Mr.. Weeks. There was
nothing done in my presence with Capt.
Rooms. He made a statement that he
had sold liquor but once, and asked
Haynes not to fine him, and he did not
do so in my presence. [ did doubt his
authority, or any other officer of the
kind, TO impose fines, hence l asked the
question, and he stated to me that he
had the authority, or that he was au
thorized to do so. | therefore asked no
further questions, surprising that he
knew his own business best. | had seen
the same authority exercised by many
other officers here, and supposed he had
instructions from his superior officers. |
have explained the law, but never read
| il to parties in the Office of the accused
| received the amount of MIR. James Ii
cense from Haynes. / asked him to
collect it for me. 1t is customary for
one man to pay anothers license; it
often occurs. The amount Haynes gave
n