The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-02-19
Ths Ailsgea Castom House Fsuds-Ne
Fraud Attempted.


Ths Alleges Castom House F.euds-Ne
Fraud Attempted.
70 TIE nDIT0R OF THE HERALD.
There was time when there existeda popular belief
that there were always two sides to every question: and
II any person unsophsticated to adhere to such
belief he may obtain information touching the
alleged Custom House Frauds from a perusal Of this
statement.
The case - presented by the prosecutors prosecutors
would be more appropriately Is well known 10 the readers
Of the daily papers, they learn the other side Of
the case The facts are simply these-a susceptible OF
proof and had the laws psrmitteda trial they would
have been substanated by many respectable wnesses
A Mr. Richard Clancy, an Engshman, about to re-
turn 10 England, instead Of purchasing bill Of
change, which ut high premium, bethought him.
self OF making shipment in lieu thereof and being
ignorant Of mercantile transactions he consulted his
FRIEND Mr. Fabian who had lately arrived In New York
from Richmond, where he had established commercial
house in May last he having occupied very responsible
the war Mr. Clancy decided to ship alcohol to France
believing he would realize q handsome proht ME-
r. sfs Sss Was ss for s Ss s
with Cuthbert 4 Cunningham; and as Clancy not
ready to pay for Mr. Fabian gave reference TO his
Cuthbert Cunningham the latter agreed TO hold the
alcohol for Mr. Fabian; and TO facilitate the shipment
public warehouse keeper to deliver the three hundred
barrels Of alcohol 70 Mr. Richard Clancy the person for
WnOm II. purchased IL.
then introduced Captain Chauncey 70 Custom House
broker named Meeks the person who would sign the
papers TO export three hundred barrels alcohol TO France
Chaunoey acting for his friend Clancy signed the papers
as instructed by Meeks And here ended Captain Chaun
cey and Mr. Fabian's connect with the transaction
and Mr. Richard CLANCY steps in to complete IT, and he
being stranger here found 1t impossible 70 get bonds
men, and he resored TO the usual method In such
that Is he hired his bondsmen 10 daily occurrcnce who
presented themselves to Mr. Barney the bond clerk and
having answered satisfactorily the usual questions pro-
pounded by the bond clerks allowed TO sign the
bouds which, however was not done until several days
after the date Of the bonds
Mr. Riohard Clancy, for reasons best known 10 himself
abandoned the shipment never called or sent TO the
Custom House for the permit to tho alchohol
from the bonded warehouse 10 the vessel and sailed for
Europe suddenly the following week-eaving letter
informing Mr. Fabian of his having abandoned his alcho
ho purchase and Of his departure for Europe, and this
letter Mr.. Fabian exhibited to Collector King
The above Ii q statement OF the The alchoho
not removed from the United States bonded ware
NOR was a%P' %ado to 90 So h,
reliable which was that until person was proved guilty
he was deemed innocent and It is barely possible that
cling to such faiacy and to him the following lines are
Addressed
Interpreted by Judge Sblpman in his learned decision
on this case, did not permit trial Of the defendants
which would have decided upon their innocence thor
guilt few OF tho statements made by the witnesses
for the prosecution are briefly alluded TO.
N K: Wheeler, the Deputy Collector upon whose an
davt con Information and BELIEF the warrants Of arrest
werc Issued by police mag strae testified that he was
out Of tho city the 10th Of October knew nothing OF
18th or 10th Of October and sent Mr. Gibbons a cork
under him. to Inquire about the bondsen on the 10th OF
October.
The Custom House broker Meeks, the chief witness
produced by tho prosecutor and upon whom rested tho
burthen OF swearing tho prosecution through his rst
examination appeared 10 have had very bad memory,
and could not recoec what Mr. Barney said In the
eral interviews he said Mr. Barney had with him. except
the and out and
not sent abroad" This bis principal Testimony on
his first examination which was suspended because the
counsel for the defendants refu ed to him.
stating as their that he Meeksl by his own con-
fcssion was paticeps erinswis or that no had sworn
was placed In the witness box TO DO
amiued, he made Q voluntary statement that he
ac sc the % s :, $
was the ground upon which Meeks undertook to save
himself In jumping from the horns OF the dilemma in
which his first examination had placed him. Those who
hat have been the G su
hs na
tnfOrmef. It II evident this character OF spy was
am6asion. Another witness produced BY tho prosecu
ton Is the man Warren. Superintendent Of Exports;
but no swess 70 moth ng Of bis own knowiedge only
70 what Mees told him. He testified that Mees told
him Of this intended fraud the LIST OF October Now
n such fraud were known TO have boon In progress,
who had tho knowledge would no. have watched Il and
obtsinsd full and complete knowledge Of the factsf
e devoid n % :: e
on the LIT Of October Of the contemplated frnud
they both swear they did, would not have had SPY
present whom the bonds signed and thus boon In
possession OF conclusive evidence Of the fraud Meeks
- with Soss hsSs benz
present d the signing Of tho bonds but the
had not such evidence, but summoned witnesses from
Washington TO identify the handwriting Of some Of the
accused
nw wno.e picsccuoe vtg'nssoe from 'no Iac. .nas
for and upon sending 70 tho place given az The residence
Of the shippers, no such person was found there
s upcm s malice 00n'0csa 'ne "ho' Sc1eme Oh
Il a 20 evident TINT the whole case OF the prosecution