The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-16
UNITED STATES cuMxssIoHEay COURT.
Alleged Illicit Distillatiou-The burning Fluid
Question.

Alleged Illicit Distillatiou-The burning Fluid
Question.
Before Commissioner Osborn.
Marx A. Bevinger was charged yesterday with having
carried the trade and business OF dster Of spirits
at the OF Thirty ninth street and Tenth avenue
without having paid the special tax required by law.
Mr.. Joseph Bell appeared for the government and Mr.
A. J. Diitenhoofcr FOR the defendant
Mr. A. Dittenhoefer said that this not a case OF
dstilng Spirits but burning uid He protested
against the proceeding unusual harsh and oppressive
II pressed before the decision Of Commissioner
Newton, before whom similar had been instituted
In Brooklyn had becn rendered The examination into
those matters In Brooklyn conducted nj great
pense and with considerable ability by the District At
torney Mr.. Tracy, and Mr.. Richards the Treasury
Agent II unjust to multiply these prosecutions for
the sake Of annoying and expressing persons engaged
Legitimate business sanctioned by the Congress- II
unusual because the case was not cont down by tho Dis
tric Attorney but had been insaaed by spy
nformer who vas looking after what he would make
the matter.
The Commissioner observed that hs was bound 10 ssue
warrant in any case that brought n his notice
Mr. Dtonhoefsr replied that these arbitrary urocsed-
ngs would be tolerated In Prussia and AZ thu small
est favor to which he entitled under these exiraorJ
nary proceedings, he would ask tho District Attorneys
consent In this 10 all the evidence taken before
Commissioner Newton that was applicable
Mr. Bell said he would copAidcr the proposition, and
announce on Monday whether be should consent 70 H.
After further discussion tho defendant was held
In 5000 BAIL and the examination set down for Monday
Tobacco and Cigar Tradc--AIiesed Erasdu.
lent Returns.
Alexander Ross d. I. Sharkcy and Joseph J. Yaies,
carrying business cigar aud tobacco manufacturers
ii Noa 2oe and 20s Fulton street, charged with
having tho 9th Of December. 1865. and on divers
other days In the yoar 1885, delivered and disclosed
tho OF Internal Revenue false aud fraudulent
returns accounts and Statements with intent TO defeat
and evade the valuation, enumeration and assessments
intended to be- made by the said ASSESSORS.
Mr. James H. Rowcn, Assistant Assessor Of the Fourth
district testified that be from tho defendants in
tue month Of December 1885, returns which rssfed 10
their accounts of saos and manufactures for the pre-
cedlng month.
produced ten monthly returns Of the Of the de-
They had been 70 before the witness and also
before an officer Mr. Wallis who dead Tho further
hearing Of ths case was adjourned I'LL Thursday.
For some months william Richards and John r. Lin
ton Treasury agents and Msasrr Hawey and Payne Of
Albany special agents hHvs been conuctipg inquiry
with respect alleged extensive frauds the
tobacco trade by which, n IL said, tho has
been defrAuded OF largo amount or internal
some parties have bscn arrested and charged with hav
ing rendered fas returns respecting the sale and
fscure Of tobacco and they have bail before Com
missioner Orborn 10 take an exsmipson II Is believed
that one rrn has omitted 10 render returns Of 400 900
pounds Of tobacco netting nearly 5000 600 BY hs tram,
action and rnsf only about thirty per cont Of tbs whole
amount manufactured was reported 20 the government
ofcins In the gov cfnment IL ready 70 admit
that the returns made by the manufacturer correspond
with his hooks but they intend 70 20 outside those re-
turns SHOW ny producing the bs that several large
alss had been escsod Of which the books contained
entry Whatever.