The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-11-20


The Cases Of Jsh. Dsvslin and =. n. TiIssa
Before United States Ce0nissleneSs Newten
and Jenes YesssPday-Thelr Kxa1lnas1en
ADMINISTRATIONS sslznres. 40.
Tho cases Of United stasss John Dsvelin and J.
rton, the alleged dislillsry maud Cases we're brought
up yesterday before United States Commsionsr New.
ton, in Brooklyn preliminary examination A. some
errors have found their way into the previously pub
khed reports OF these BRIEF correct statement IL
here given. #f E I
T. B. Iilton was arrested on Saturday nishA ana 10
charged with marking and branding the casks Or ksg
One Of the inspectors Of distilled spir nom the Third
Collsctoa dissrct Of New York, makss an addavit In
which he charges that October 81 lses end u vsS
Gus times before and since then. the defendant,
rilicn, who y also an Inspector Of Internal
Rsvenus, with intent 70 defraud the revenue
Of che United statsa marked and branded
large number Of barrels containing distilled
Pror % ssp.s@Ss. !, isss~E x Iii,on in.psosos.
Third dstrice OF New York. Inspected Ocsober 80,
x. Ss.. S y THO. n. ss
dss p s s ss ne ss - s.a sssa
tsfial Revenue i.w had bssn complied With. q fur-
shsr ehassed N the sfndavit that ihs said Tea sn
prossioas o. the law Ssd not Sssn COMPLIED wsh ana
that the said Tlton had received compsnsaio6 FOR -
marlin: the :ad siss!lsd spirits and making q return
|
o. sssuEdsy night ~. Tilsos sas brought. BE-
the sum Of s2s 600 giving sursss jusying ths snesnt
q eo0000 hessn jerks, Bergen and Crook appeared
turned un Saturday next vhen /, viii b. hesvd 6sfors
Commissioner Newton. pa N rs-' ;.
Mr.. John Dsvsln vas arrested and brought before
Commissioner Newton warrant issued by Samuel T.
Jones also United States Comnissonsr Of this 9ssrc
and he rendered his bail OF $4,000 which YES finally
psphsrnais belonging g Mr. psysn spd sppsrtsnins
70 his business have been sezed and legal paper led
ss.nss then They are now IN the possssson Of the
Jones yesterday, but was adjourned over until Tuesday
OF Illicit stills were made yesterday BY the ecent de-
teciive officers OF the government Yesterday morning
Stable in Hudson avsnae' near Park avenue where he
made seizure Of eight barrels Of whiskey, which were
secrcted there. considerable quantity Of liquor was
seized from wagons while in transit through the streets
Several barrels Of whisksy lying in front Of the
Commissioner Office. on Montague street yesterday
morning, which were seized in this manner They
the object OF much scrutiny by the citizens In the
vicinity for their connection with the disclosures antc
psted.
A RrNARKABLg crRcuxsrAScE
with regard 10 this affair tho fact that those Of the
ring" who have been oustcd appear TO have had due
notification OF the movement foot for some days pre-
vioua The authorities have invariably found upon
their arrival at the dstlleres that they were closed
removed to parts unknown The question is highly sug
gestvc-was the information OF those engaged In the
business on1cial
the rorIcR RECORD or DEvrLN
who s above referred to- quite extensive 70 say the
least The following is the result Of an examination Of
Sept T. ls50-John Devein arrested by officer W. Clay
ton charge. petit larceny.
petit larceny by officer j. r. MundelL
Nov 6ls53-John Develn arrested upon similar charge
July :, Iss4-John Deven arrested upon similar charge
by officer Phean, upon which charge he was convicted
and imprisoned These convictions were held before
Truman Smith, Criminal Justice, and d. X Smith, Esq,
The same John Devin has since been arrested by the
following officers upon different charges;-Chares s.
Frost detective at Inspectors office; Sergeant Craft
Forty second precinct police Wight, Foryfourth pre-
cinct police; Rhodes, Forty-sscond precinct police;
much more recent period NJ Desn vas arrested
the charge Of swpding government by producing
false certincates OF soldiers bountcs He was convict
ed In Washington and hned the sum Of $40 900, which
TO THE EDITOR or THE HERALD.
In your issue Of yesterday you great injustice nad.
verenty am surc) parties engaged 10 the production
Of article known "burning fluid" The act OF July
Is, 1850, section seventynDs paragraph nineteen
thorzes tho "dstiliaton Of burning nuid" the taxed
license 10 be $50 In section ninety six burning uid
Is declared exempt from duty Before commencing ope-
ralons the parties Interested became satsned they
had legal right 70 distil the abovcnamed article, and
in each case applied tor sBrooklyn Gresupcinl and
New York. The revenue officers In each district we're
duly Afforded facility 70 ASCERTAIN thai the prodnc
zion vas not whskey alcohol, tai burn
Ing huAn The collectors In ssch dissrics
were entirely sasl.ned ehas nothing else vas made N
thess places bat The article for which the iosnse was
granted Two inspectors Of internal rsvenue IN Brook.
yn however, without knowing that the distiafDn Of
'burnng 1uidp was licensed by the new Law, made .
report TO the Commissioner Of Internal Revenue WASH
ingon that these parties engaged In this process were
violating the law dsllers without license Upon this
order rcceived by the United States District At
torpey a Brooklyn 70 seze the diseres and libel the
property seized. Prior To tho reception Of this
order, however, the counsel OF these disters
obtained injunction from the supreme Court
restraining the Collectors their deputes--the
only officers authorized under the Internal Revenue
laws make seizures from interfering or meddng with
the process OF dstaton, the product In tbs Taco
Of this and without the color Of Law 70 sustain him, the
District Attorney gave the order for seizure, thus EVIL
dencing utter contempt OF the order o injunction.
The injunction obtained 70 compel the Department
Washington 70 have the matter brought before the
proper tribunal and 10 test the legality Of the whole
proceedings This the Department have, In the groses
attempted 20 evade, and have taken the present
arbitrary and unlawful prevent the process
Of dstaton until Congress could meet and aDnuI the
present Law. b.
NEW YoRK, Nov. 10, 1895.