The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-09-21
INTERNAL REVENUE MATTERS.


davits of Collector Bailey and Others-Ar-
rest of the Parties-ActiOn Of the Congress
si0mal Committee-Seizmres Yesterday
In the case of the Kentucky Bourbon Company. al
luded to in yesterdays HERALD based On the
Wits printed below were made yesterday OF Messrs-
Clark H. sanborn Daniel Messmore, Allen e. Mlls and
Frederick j. Tinkham, alleged to be officers AMI
ayers of the above company against whom the following
charges Preferred
l. knowingly removing, and aiding and abetng in
the removal of large quantities OF distilled spirits from
certain bonded warehouse, tNo. 40 Vesey strea con-
trary law with the intention to defraud thegovern-
ment OF the United States "
q "Negectng and refusing to enter daily In abook or
books kept for that purpose under the regulations OF
the Commissioner of Internal Revenue. the number OF
proof gallons OF spirits purchased received them
such rectiders and wholesale Dealers and Of whom pur-
and OF the numoer Of proof gallons sold and de-
lvered by Them"
g. THAT they did knowingly, and with fraudulent
intent mark and use upon large number OF packages
OF distilled spirits, certain counterfeit and spurious
brands and plates, with the intention or derauing the
4. 'Knowngly and wilfuly conspIrng to deraud the
United States, in manner which Is set forh in the
affidavit OF j. F. Bailey, Collector OF the Forth Dis
trict
Carrying the business Of rec.insrs at 40 vesey
street without paving special tax"
The annexed afidavits having been read thu accused
were brought before United States C0mmlsson,r White,
and held to bail in the Of 200 each the
first charge $500 to answer the second ST. SO TO
swer The third So 500 to answer the fourth and 81 500
to answer the fifth. The preliminary examination of
tho will take place on the second Wednesday in
October. The affdavits are the
ArrrpAvlrs COLLECTOR BAILEY.
Southern Dtyd Of Neg Yorh Cty and County ofNeo forh,
Bafy Ssus sqy s fourth says ne
tct of the State of New York. and deponent further states
%% i9d asd
ss"born Daniel Mes,% nor Aep Mills sni Fred l.;
of New York in the said Southern District OF lew York,
parporas 70 sonan distilled spfs as @
a %ssssy sa s
old % ana a
that said brands plates wholly spurious in that
any S ct
vesey street and that the said casks or packages upon
contain reched spirits, but that the SAID spirits
Moore street nor al all unless through the fraudulent pro-
Of and adulteratng carried at sad vesey
Alien Mis- Fred j. 1inkhsm did procas the said
with 20
the United States and in violation OF the thirty eighth sec
nal taxation" &C. approved JUiv is 1856
s p Rasv Ss1s d c sw S% ssys s ss T
ector q Internal Eevenge for the Fourth objection dis
and ses from facs
souisr y Bgrrows and 3D., VIM S, Ds that On eng. q
and said southern d,Tlst e Ssw York GarS ssp
ham conspre deraud the United States removing
from certain bonded warehouse situated at 40 vesey
barrels Of Whisky Taeduen and Without
s that s1 q 1cn Clark r. anGSSs By I
and Allan Minis being parties to said conspiracy
p per- granted % allowing the WITH
arawal of said spirits from said warehouse Tor rectica
men. Of the New York Whskey and Restifyins
fis ss.s sssaR
spirits from SAID warehouse 70 the the
g 5 a9S
eace the brands Or marks for applied or
false wit %
nd % s
Moore and nS TIE said lied
State Of Without payment Of the tax OF two
dollars gallon imposed by law thereon. with intent
sons Of the third section the act Of Congress entitled
oher pa
AFFIDAVIT OF WIN. S. DrLLER.
william s. Dier, being duly according law, de-
as % + s. In The s q
rcls and barrels and forty
No. rs SrH Ss & s re
same one hundred barrels Aforesaid Of the lofts
shssey Secular the
sS 5 ss aeaS e ScS oSss ow
That on the tss day Of r August s ,D s, nneyop
and @ o
said bonded replace said hundred 6sres
%S.sey painted yellow Sssl
d e. So% p
aforesaid was not yet dry having been evidently applied in
That said ninety four barrels contained as many proof gal
Ions Of whisky contained IN the hunircd bar
at the bonded wareroom. about this time that lot Of
that the twenty ninth day o. August one hundred
and fourteen barrels of whskey removed from the
S1af for reetiscsten Sofh Moore
S Of eS one %%e o e
barrels OF whiskey had been taken to No ~ North
he The an'
vescy on Sturdy the aeh of August last and
whkey was made the second Of September from said
barrels OF whskey which the lofts above
the bonded No 40 vesey street as stated above
street, Dcponent further that about 400 four
1es o hs Soned erea al %
lofts above the bonded warerooms at No 40 Vesey street.
Various ssV psee Which we're branded at lots Rscied
North hgs wsS ans q. ssu s
lofts above the bonded warerooms at 40 vcsey street De
waercoms at 40 vessy street. Occupied by tho Ken.
lucky Bourbon Company of which G. H. sanborn Is Presi
Sa q The 9TH oor Of No vesey are two recsSs
Of y sns sa the
upper lofts from the bonded warehouse and received from
for dumping and deponent has VIII skey dropping
leading from this sih floor to the tubs on the fifth
Dcponent has empty barrels standing on the nfth
yellow paint and the brand, "Recei at W North Moore
street, applied Deponeni also part of the lot
OF ia barrels te0re mentioned as taken out Tor rechca
the 9th OF August last. standing the said fifth
floor empty and with the brand from the
District Kentucky 20 the Fourth District, New York"
eaced in the same condition ms when taken from the ware
house and this deponent portion OF this lot as he
believes Of the ia above referred to- the morning
Of The ~ q September the yellow paint On The 1fids not
before shl. .h day of September, lss'-Brs,
X. PnELPs, Notary Public
AFFIDAVIT "
Ci Of NW York. County and :afe .f N,n York, flames
" Souder Of the city Of New York and county
Aforesaid being duly according TO law, deposcs and
that the 18th day OF July 80 barrels OF
whiskey Gin. highwlnes nc. marked Rhomberg Old
and bourbon whiskcy aud gin. Dubuque Iowa" for
from district Iowa the Eighth dis
trc OF New York. taken into the building No ~ vesey
and hostcd the lofts above the bonded In
said building by the regular employees of tho Kentucky
Bourbon Company. Of which c. n. Sanborn Il President
and ID. Mcssmore treasurer: that the same day les
barrels Of the same lot. with the heads newy paint.
ed and branded "Rectlhed by the New York Whis-
kew and Rcctfying Co, ~ North Moore street New
York. lowered down from said lofts and placed the
bonded OF SAID 70 vrscy street. 20 replace 90
barrels OF whskey that went out OF said bonded warehouse
the sd day OF july under permit and rechcaton bond
dated July 81 1901 aud signed by j. rnkhsm princi.
pal and II. ID. Chaee G. N. Sanborn j. Rockwell Fay
surees 90 be rccfei % North Moore street; that the
remainder 81 said lot OF $50 barrels and lowered
down from said lofts with heads newly painted branded
'Eecfei at ~ North Moore street and parts
known ~ this deponent Depouent further that