The New York herald., 1866-03-24
THE ALLEGED DlSTILLERY FRAUDS.

Before Commissioncr Belts
Yesterday the came up for hearing before Com
vious day The proceedings attracted considerable at
tenton, the court being pretty well dllcd with
spectators and the parties most interested.
Mr. & q. Courtney, United States Assistant District
Attorney, appeared for the government, and H. Harris
Esq special counsel for the Internal Revenue Depart.
ment Messrs- A. Oakley Hall, q Il. Poion and A. J.
Dttenhoeer we're counsel for the accused Donsu and
others
MOTION TO DISMISS THE COMPLAINT.
Mr.. Aoakcy Hall said that the Commissioner tho
18th of March. 1854 issued his against Mr..
Eenger and others who arrested. He supposed
now would be very proper time him make n
| tion, which, In regard TO his clients. they all
| agreed should he made with perfect fairnes. aud
Integrity towards ths Commissioner his clients and the
other side He begged to say 10 mis- learned friends
tho other side that he could not found The motion
any techncaiiy in tho affidavit because whatever
amendment they wish cd 0 make 10 the affidavit they
could make Il now II he had correctly apprehended
the proceeding the Commissioner had issued his
and taken the affidavit under the law Of 1858 Whilst he
admitted that the affidavit was very artsticay and, In
deed ingeniousy framed by whoever drew hs should
make his motion, IL the Commissioner thought 1t In
order that this affidavit disclosed supposed or for the
purposes OF this motion admitted state OF facts
which could not. under circumstances OF extension,
be brought within the purview OF the law OF 1858 Hs
motion now was for the discharge Of his client, III
I longcr.
Commissioner Betts--It IA the case OF Donau.
Mr. Hall-It s the samc. The affidavit In Ellenecr
was handed TO me His motion was that DOnan Dc as
charged from arrest II he wrong IN this matter
now the time TO learn IT, If he was rght, now Vas
| the best time for the United States % know 4. He
thought he could convince his learned friends that there
such Onss in the statute that should no;
be wondered at II they were entitled to the motion Al
familiar with the statutes might read the section Of The
act IN the tenth volume Of Little and Brownes statutes,
and the accessible digest page 2lt secton one.
The statute boiling IL down. says, Tint " any peraon
10 influence his vote his decision IN any action matter
proceeding which may then De pending. or may
by Law In any court OF the United states be brought
before HIM Ia his official capacity, the act -ays mat u he
does 80 and 50, certain penalty shan follow mat was
the grayanen o the Now, let th.in look al ho
allegation against his client II ~aa that he dad give and
and procure TO be given TO nm onoer OF Mo nied
Statcs-hc cir Han sad this for the purpose OF M
argument-a bribc for the purpose Of influencing his
Official decision, using, as the indictment should u-c The
wors OF the statute hut addng the words tho
conduct Of said Pya,t and causing HIM 10 do
certain actt - What actff He was Speaking there of
convertible with decision. The act for which be
was 10 be Influenced wa TO give his client Me us" 81 The
brand OF this Inspector OF distilled spris lie made no
point the omission of the word illegal Ne said there
was perfect con om,eh 10 ths statue 10 bfnE Uhr
Administrative adts of an officer within the statute
| OF bribery After lcugihoncd ~. ulncni
Commissioner Belts asked, II the brand was usei by
the inspector 10 make quantity dnercnt mum hat real
" a-erlaned wood not that be- decision on the part
| OF the Inspector within the meaning of the actl
Mr. Hall said no. because such marx would be- prfcly
ministerial fhe Law nNeh The quality and proof
and measured the 1nanift, therefore, IN. IA .pec,or had
aud he might be bb. 20 perform thni ministerial duly
in wrongful way hut the word act m the mean.
ing th. words OF the statute meant a. do duty ihsi
was prescribed by law therefore he concndrd wa 90
much ministerial act ~ II his Honor 'sni 40 orc-r into
,he other room W az "r,sln ,he sat- o. tn lr"er, y
report what the barometer marked Thus the insre TOR
had 70 marx th" quantity snd qualify anu u ~ o,n,'
In do the law failed 10 meet th" c'.e, for J, did not
contain word which tbs other sisiHtcs ii"a =" mr"t
| csses II this kind.
HEgLY oF rHg DISTRICT .TIoEs.V.
M ttnuft ueN Fflae fff VI
cia. and htnself hal com. into court ihb i.oraI
s ,h n,roos. f en,s,ng n,. lie e,srnlp ju 81 tbs
,x,,pesses ~ ,hiv a.e M. ,esrued couussl who had
Irt ,reeuIcd The motion 10 Tho ,our dd no, at,csr A
y,'nel lien On. no,,an a. 10 no aud ,hcefore
rs no, prnn,bv aware OF The afranqensni then made
The adjournment wa chen had on lie .,press condition
and understand ng thst the examination iuto
,oud be entered MO and therefor. hi as%p.ts and
biuself had come into court this morning m00
! pury1se ~ examining vtnessos than IA claslng the
question here pf,,csed Hr CONES prnIerly. couns
armed al all paints with authorities for ~" Pure Of
| procuring = ierisian from your Honor whch will end
| this oasr with ~" pnbie We hhd M h"hce o'
| THIS Application ui thI- moment never @~ bret 10
] tho cAss I'll detailed by The leaned counsel
| the other side Bat 40 deilo 20 go ou
| with the botw.ih landing snd shall prs'cnt
| our view a. briefly pDsbio, that Tine slsll hr
osi n proeecdn. w.th the e1Aniuation@ y thooss Tho
proper Time the learned el coatonIc1 a. make th.a
motion h ID was a. ba mad ~ ai wa after The tet
nony ia an in aud when ai "a. farl hef1rn hs
Honor TIr learned counsel conceded ior thr skc of b
ar uncn an ibe fars detailed IN the r,mpi nt are
irie and be .aya ecu concodnr that hat there j. np
of.ucc 10 b. punished hy any art 90 oe found 10 th"
attfut14 This much, and ain Wiling. atsr YpuI
Houor reads the sfilyit a. res tlr upDu tha lu
word n your houJr dccidrs t'i ibrfe if iaN ="
puni.h the offence form IN iiis nj cifnsni "a
nv learned friend On the 0tler .r whether hs si Ib
NIT tbs derision ana DO Ne Geo hc crtnd Jury
up0n ID And your Honol dec dcs saust thsn let 90
! ~ INTO sn esauniuaiiou %. ~ farif a Dnoe Ihry
! ~ They aru willing ~ ieaYe The adjudication
o. 'a, i",,',on ,, - ~, y, 80 ,, ~ nm, y, y,
your Homo, pas upou h1t question II yopg honor g.
c.doa that ~ sfldavt o1mer within ne rfsiru aai
meaning of lbe aiatlte an vlars that ynd sgrd t4s
whole 10 tho Grand Juf, and save an the lime tnd