The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-12-22
NEW YORK CITY.
UNITED STATES DISTINCT COURT.

Denial Of Motions TO Bond DIstiiIeries Under
Seizure.
Before Judge Blatchford.
The United States AboG Fyfy Barrels Of Distilled
Spirits and tie Distlsery and Rsetyyins Dsstil<ry in
Forty-third erect and Third apenue-In this case the
proprietors OF the ds,isry, Reid Kelly, appeared by
before Judge B.a,chford movs for TO
bond 70 the government. tho property under seizure
upon the grounds that the machinery and ell other
tsral the premises would DO rendered useless be-
como greatly dstsriorated BY dsuss, tnal In tho
case cannot for months yet Il proposed
that Mr. Bailey, tho Revenue Collector OF the district
should hold the spirits and other saabe goods but that
other material which psrishable nature should
DO given up 70 the owners upon good and substantial
M G. Courtney, United States District Attorney In
opposing the motion, read the aidayis OF Mr. Bailey in
which he dsposed TO the circumstances under which he
he entered tho dstery by and found tho
In working Order and other evidence Of fraud upon the
government which could NOT Do IN operation without
part Of the claimants Mr.. Bailey had been applied to
BY tho parties and refused to furnish thorn with
Reid & Kelly complained; but the entire proceedings
their part we're only waste Of ms for the informs
o.. .
tracing from the government the line OF action In
tended to be pursued and the Of testimony
tended TO DO produced in court upon trial. In refer
sncs to the ignorance which Reid Kelly pleaded on
the subject Of the fraud charged against them he he
Of what going in their distsry, and he had
ample evidence Of fraud 70 produce At the proper time
judge Baschford, in giving his decision said that 10
reference 70 the alleged ignorance Of Reid Kelly
he had instances In which had tried that
propreton and principals came upon the stand and
similar testimony the jures did not believe word
they said. Motion refused
Another DistiiIery Case.
The United STATES vs The DitiHery FbrtyffA Sired
In this the parties appeared by counsel
that bonds DO accepted BY the TO release the
dissllsry Mr. Courtney, In opposing the motion. SAID
he understood the facts Of the thoroughly and that
frauds OF considerable magnitude had been committed;
that in dstilleres there could b doubt or IT,
and that prompt action and vigorous proceedings the
part Of the government were demanded against th
who perpetratsd those frauds Counsel for the
commended that the action Of the dsspoc
In the enforcement Of law and injurious TO the property
o. ne Szsn 40 ssxsd 70 TOE name 2. snas
an opportunity OF being heard In their defence. This
case could not be tried for six months and now denied
Tor tried and convicted the punish could
be greater than at present before conviction He
namely. that The whisfsy dealer va: regarded 0s a.
greater outlaw than the common sIon. Mr. Courtney,
in reply said that the learned counsel did know the
working OF his once he believed that Reid and
Kelly did not know the OF the seizure The dis
tlley was found q work running whsksy It midnight;
brands OF the revenue were found concealed on the
premises; Mr. Bailey. the governments oacer To whom
the distllery should be open At all times denied
aomlttance, ana compelled 10 eneot an entrance BY
breaking forcbly into IL He found all the lights put
out and number Of men pretending 70 be asleep. The
globe Of the still was hot. and In every aspect Of the
course Of being committed the government He
trusted the Court would let the take the regular
course BY refusing the motion.
Judge Blatchfod In reviewing the case and reading
from the statute bearing upon the business Of dsting
said he had abundant evidence before HIM in the ada-
wits the part Of the 70 satisfy hun that
the parties were prssumpuvsy guilty, and to release
the dstilery on the present motion would be pre-.
MUM TO allow those men 70 recommence the system OF
fraud in which they had been arrested 10 60 anew
ard 40 II AGAIN Inc law provided thas the Judge
should have discretion In such cases, and he would
exercise that discretion He satisfied there was
prS1 face evidence before him sufficient TO warrant
grand jury TO indct or petit jury to convict This
ton was made, many Others had been made for the
purpose Of getting Information from the District Aor
ney Is 70 the course he might pursue the witnesses
ne would produce for the government Hs therefore
fused 10 grant the motion,