The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-10-10
UNITED STATES DISTRICT cauaT-EAsrEM DISTRICT

UNITED STATES DISTRICT Ccual-eAIeM USlRlCI.
The Cailicots Case-Arraignmcnf of the De-
fcndans.-Th-y Plead Not Guilty.
Before Judge Benedict.
Al the opening OF tho court yesterday afternoon
United States District Attorney Tracy the aragn
msnt OF Ihsophlus q Calcott Alexander Cunningham,
Augustus Dayton, John 8 Alien, Louis rancher and
George j. Hardy, isdctsd the charge OF conspiracy
TO defraud tho government All the defendants
were present. sxceptinghr Cunugham, whose c0un-
sci slated had been there that moroing, but had
lett for bis homo quite ILL., Dir. Erhardt said that he
had MOT seen his client but that he had received
this information BY person from him
srl r Williams. Of counsel for Messrs. Caieots said
thai they desired to put in separate plea Of mos guilty
On the part OF Mr. Alien. they desired TO the
pisa-a separate plea OF not guilty.
Mr. Erhardt said that the presence Of Mr.. Cunning
ham not absolutely necessary he would enter
similAr plea
toni desire 70 enter plea Of not guilty-ssparats
Nj. @. !. jerks said tina. he would enter the same
plea with regard Dir. Hardy
Mr. Tracy desred the Court 70 set . day for the
trial q the There would DO jury this term -
the Admiralty calendar The nrst jary that they would
have would b. smpaneifedsnext mouth: bat II the de-
fence desired an cary a 1 o. shs case thus month
Mr. Williams thanked the District Attorney for the
oner but added that he would ike 70 have the case
transferred 70 the Circuit Court in consequences
Of It's importance. the offence charged being
strictly statutory, involving the construction OF
statute. ana also inc question OF Q conspiracy
she most difficult or any known in the Law. He had
ascertained that his Honor's learned associate Judge
Nsson) could not give his attention to the until the
mrs, week Of November Mr.. Williams stated that he
would like have the tried Deore the tudges
In answer to question asked BY Mr.. Tracy, 10
whether he spoke for oil the defendants he stated that
M Tracy said was due to the defendants to say that
II the case went over TO the FIRST week in November,
and was transferred TO the Circuit, there other
cases which would have the preferences some others
equally important He reason why
he should desire and he knew his Honor would 80
desire ~ 20 accommodate the trial OF this to Judge
Nelson's attendance II no could not be present at the
first the term the would be given the preference
another day OF the term. With that understanding
they rhe government were willing, a. the defence re-
questcd to allow the stand TIL November
His Honor said that the importance OF the to the
de endsnts we'll as to the government would have
compelled him direct jury 10 DO empanelled
part OF this month try the had they desired
IT, but be entirely agreed with the defence that the
was to have tho case transferred to tho Circuit
In time - try II at the next term. The case
would DO transferred the Circuit and would
take It's place upon the calendar But counsel would
could not be taken up before the 9th OF November,
the first day OF the term, and might be that Judge
Nelson's attendance could DO procured on tina, day.
Counsel however, must be Ia readiness upon tho day
that Judge Nelson will serve.
A motion then made by District Attorney Tracy
for the transfer Of the case to the Circuit but his Honor
said could not be Irsnferrvd until Mr. Cunningham
In his plea.
70 day.
INDICTMENT,
~ found against the defendants, contains nine counts,
all stating about the same facts but VARYING TO
amounts and dates The frst and general count which
may be taken hero fully containing the charges states
that the defendants did raudulentIy, macously aud
unawully toyether procure to be executed
false and fraudulent bond for the removal OF tho two
hundred barrels OF spirits according TO the requirements
OF the regulations OF the Revenue Department. through
which the payment Of the lawful taxes on the same was
evaded this The 9Th OF May): that Callicott and
Allen accepted tue bond for $40 00O knowing the sigma
ture OF H. Hand the principal to be Invalid and the
sureties John JagRafd and Vim. Nalu worthless there
by violating their official trust that Hardy procured
false and fraudulent statements the bond and that
Dayton, the storekeeper and Cunningham and Fancher
fraudulenty removed the spirits from Wilson's
house. The Indictment also charges that the 24h of
May defendants With Others unknown, did consprc
10 two hundred and barrels Of spirits from
the ssme warehouse without paying 81 per gallon: that
Callicott and Alien did issue permit to DAYTON for
tho removal or the without the payment
OF taxes thereon &c. and that Dayton did
allow Cunningham aud Fancncr to remove the spirits IL
Is further charged that the 18th OF May Caco and
spirits knowing that the liable to forfeiture
In fact Indictment charges that the entire procced
ing OF removing ALI barrels OF spirits from Wilson 9
warehouse was fraud on the government, and known
TO be such by the defendants.
IL Il unnecessary TO state tho charges moro In detail
here, the particulars OF the have been already
fully reported in the HERALp The aixvts heretoiore
published In these columns relate the whole story.
Condemnation Of Whi-key aud Tobacco.
On motion Of Assistant District Attorney Allen tho
following property was yesterday condemned and or
dered be sold -Tnree casks and three kegs OF spirits
sized In Pulaski street; lot OF tobacco seized No.
$50 Grand street. d. aud two thousand i've hundr Cd
cigars scized At No IL Myrtle avenue.
The court adjourned until to-day a. twelve u.