The New York herald., 1866-03-24

conduct OF this case, made by tho Dstrlot AZ
torney with regard 70 this motion, hat no notes
given ON the previous day ~ adjournment lie
distinctly stated 10 the Court then that he had not
the affidavit upon which those warrants OF arrest had
been made lie certainly never surrendered on behalf
o' his clients OF himsclf and associate Mr. Diten-
hocer the right to take all the advantage The cae pr
senod AZ ho was n duty hound To protect IN, clients
interests and they would be very reiss IN their pro
icAional duties II they did so
The Court did consider the motion made to-day at
al ou OF order ~ that course Of proceedings had
bo.n definitely liked upon the day OF adjournment
MI pittenhoefer-Your Honor never stipulated BY
words or Implication at any time in outside ia,
court that We al ourselves all the rights
sh.n .hs Jaw gyes VA understood when the case Mas
adjourned tal We should 80 ON to-day for the
Daton Of witnesses alone but with arguments upon such
points OF law a. might ar'se N the case.
the exercise OF any rghs he looked on the motion
put in order 10 induce his Honor adjourn tho ea.-
The Court could not act indcaiy perha moi corroo,
In determining the official conduct aud action OF the
inspector. without hearing the testimony in the ctse
The Court decided on hearing evidence w,hoa, giving
opinion The points raised by the dcfendahi
sci ON the motion to dismiss the complaint.
rHr TESTIMONY.
g1AmISAupS EDWARD ". ryan
Edward H. Pyatt, and examined by Ar
Courtney-I have been AN inspector of liquors about
four years; produce nv official appointment have
been acting ~ such inspector since that time Ano"
Simon Donau; nrst became acquainted with him at MI
Curry disilcry Seventeenth street the 20,h u
January, 1903 from that timo iilI ihc middle Of Feb
runry had repeated interviews With him.
Y state what lac ssid to you those occssonsf
Mr Hall objected to any conversation thai linn,raied
the art
The Court ruled against the objection
Mo. Courtney State what said by Donan 70 yoo
on those ocaoious.
inspect liquor: there fotiy barrr there,
and Inspected them for him. he sali hc wished 70 gcs
Mr. Daytous brand aud " he could get Il be would pay
literally for u he said he would guarantee wc $4,000
year Tor the protection of his fraud whskey when
lac would send 10 hi, depot al 40 3ip Pearl street
he sad he expected to receive II from different
dstIeries 10 the city, of which he gave the names.
he wanted me 10 protect him, and said he would psy
pfal he rtlu llfTp son AZ
want Ia be- too last ssvern barreh OF whikev
from time 90 tim" came 60 the depot at Pearl -ircot
there 30 inspect the liquor nni found therc tb.
whsSey brought from the disllery Ia Seventeenth
truck TO No 3iT rcar street; there were 10
brands on it then one dsy inspected twenty barrels,
another day sixty Ave third day forty from the -hh
Of January up 10 the week before lat iu'recird Ave
hundred barrels Of whiskcy a No 3sj Pearl street Mr.
Donau told me the duy was not nh be 'sd tHh r'a'n
why he wanted o have the whiskey Inspected ~ nay d #
tric that II it had nav name upon 4 . w"nd pass
No 3Ip Pearl street IN the thirty second dirtuci be-
tween Bcekman and Dover Streets, determined the
quantity and quality Of the whlfkcy fanged the iM
rcis took the "ontk and tie proof ltod MI Donsu bh
the nquor yet warm, and he aid Il Wa; Nf Dpn'u
nj that time 500 he gave me the 300 iof IN
ppcctng eta" stun and not porting u 10 tho govern"
mGnt gave him city return for u put the brand
upon the whiskey marking ui"n The casks IN" pfv"i
ana contents OF each sent my gt the govern
mont brand he brought % h.t years brand nay
said that Mr. Donau lad the brand; FAW iho hrtnd
Win him. Tho barreg we're branded ~ ny name ~
Pyau T. = Inspector, 2sth December 1888
they were branded by SIR Donaus man In
my prc.cnce. and alao 10 Mr Donaue presencc
made no return tho government inspccinfi made
outa return foT the city nspr'tor "A the name oi u
Pyatt Co-my father and my anti ] never hhl 'iir
brand IN my possession after hr ponau got u ass".
HIM several times for II; hH sid u wa uP az ha dr
lery In Thirty niuth street ho id he took ths brand
brand barrels there, ~ lac waiteb Y"
deliver them up town he -ad hr would iTieh 'a.A ~"
brand b. Pearl u. gave me tiTce trnst 500 each,
AMI on occasion go aud once his brother CAV u"
$50 which De- aid Mr DpBnu nj me thes. paitn,ntH
we're made Jannay. 1890 be never triuf"od ms
tho brand: do not know where II u now, haze not
.oon ~ since " rhiry ninth street; has te"n
yhl4ket with brands li aud hf hhfsndf dd nt
put coming frofn Thirty ninth street dsiHry v
rect u ing hOulc in Fourteenth street
Mr Courtney offered "a ahOw. a matcf m ieei aud
among commercial men that the wbsksy 50 branded, -
pfos d 10y Pyat would lass ue eaann a. u bad ad
thr government tar ~ two dollsn rer galpn De-
ruled and exception taken ty goFefnHc
The prosccuo rested Tor ~" day md ~" rour al
iauried Tho proceeding all be- nua4nfd A. rioss"
q clock this morning.