The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-21
BROOKLYN COURTS.
UNITED STATES CIRCUIT couRT.
Before Judge Benedict

Tae U,dled S1ato o. Fipc Pieces Of Hose de-
This OF considerable interest, inasmuch as it Is
the first that has before the courts since the
internal revenue law has IN force which pro-
vidcs not only for the confscaton OF the spirits upon
which tho internal has not been paid but
also the condemnation TO tho United States OF all
property in Che dstilery where the article has boon
manufactured The case came on in the above court
yesterday before jury. VIM. H Hollis for claimant
From the evidence given the hearing, IT APP
pears that the CLAIMANT, GilKen. rented the dis
In December last and purchased the stills, machinery
&c. for the purpose OF manufacturing spirits from
duced hundred and seventy gallons previous
to April s. whom mr. Vanderwerker, Deputy Collector OF
Internal Revenue seized the establishment the ale
CATION that Gken had made false Of the quantity
Of spirits produced, well as the material hand.
From the evidence produced by both parties It seems
On tho 4th one mash OF two and halt tubs was run
on and produced according 70 the the
cistsrn, thirteen inches Of spirits; that on the fol-
lowing day, alter the mashes from the other
spirit: :rs n s :a sn .ss 1 ss ss'n nAs
as was apparent tbss the las. run should
have produced large increase in the depth Of the spr
It's Of the cistern The claimants counsel delivered
able argument in favor Of hs Client and made an
ceIent Mr. Tracy entered into the statistics OF
amount paid out for labor and material in the two
months that the establishment worked and showed
that according 70 the books kept by Giiken, cost
S765 70 ITO gallons Of spirits making the actual
Cost Of producing each gallon over S. besides The
Of 81 per gallon From this he argued that Giiken
could not be carrying ON an honorable business
Judge Benedict delivered brief charge 70 the jury,
In which he stated that under the law violations
Of IL could DO punished by Imprisonment in the State
Penenary by the condemnation Of the property Of
the party offending. He impressed upon the jury the
necessity OF strict enforcement OF tho law hut while
It Of great importance that the law should be
forced, it was also important that an innocent man
should not be made TO suffer- Tho question for the jury
to determine whether the claimant had avoided the
law The present law provides secton 49, that II any
whiskey other article Is found in the posses
sion OF an; party, with the object Of avoiding
the revenue tax, i can DO condemned, as well
other properly II the jury found that the caiman
intended 10 avoid the tax, they must lind verdict for
the government they found that he intended TO pay
There was another section in the act, which required
that dstiller must keep book In which he must
cord Of his business II for the jury
decide whether the book kept by the claimant .
corecl II they found IL correct, they should
20 any further. II they find that he intended 20
avoid the payment OF the So tax, they must ind
kept verdict for the defendant must be rendered.
The was given 10 the jury at i've O'clock who will
bring In . verdict this morning.
CondemnaIIons.
Returns Of process in tho following cases made
yesterday afternoon:-
United States seventy five barrels OF whiskey.
United States vs. one tin still. &C. seized the pre-
misses OF Patrick Sullivan al the corner OF Hoyt and
Baltic streets
No claimants appeared, and ON motion OF Assistant
United states District Attorney Allen DEGREES
tered condemning the property.
The Devlin Case.
The argument on the points raised by counsel for
Devlin Il. al, who demurred TO the indictments found
against hem 10 have been heard yesterday after
noon but there already trial In process the
matter vas postponed until to-day. Judge Nelson OF
the Supreme Court bench and Judge Benedict will pre-
side.