The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-29
BROOKLYN COURTS.
UNITED STATES CIRCUIT c0uHT-EAsTERS DISTRICT.
Another Distillery Cepdemned-Thc Duties Of
Rcvenuc On1cinls.
Before jude Benedict and a jury


Revenue OncinIs.
Before judge Benedict and jury
United States o. Sepea Hogsteads Of Beer, 6c.-Ths
was an action for the condemnation Of q distery and
ohor properly In Bergen Nevns street. claimed by
Henry w. Outflow. Tho property seized by Deputy
Collector Daley on the sd of April last on the charge
complied with the law and that false entries had been
made upon hs books, whereby the amount or distiila
Inspector Cochcn testified having visited the place.
and nding in the lower part CELLAR seven hogsbeads
containing In all 900 70 200 gallons OF beer; Il in
good condition and not more than three days old the
still charged, and had hoso attached by which
spirits were drawn on stairs were found seven fer
mcntng tubs, two heaters, yeast tub mash tub, and
some other property, while In the yard found six
bags OF grain; there said that the things
used FOR rectfyng spirits and witness stated that be
found both the Of making and rcctifyng whssey
the and sdos Of the cstern could be lifted up
and set back without disturbing anything.
From additional evidence for tue government II ap-
pearsd that the entries the books showed that there
twenty mine bushels Of grain put in mash on.the
making fourteen gallons Of whiskey only ON the day
Of the seizure, however, those hogshsads contained
mash There we're no entries on the books from the 9Th
Of April Another charge against Mr. Outflow was that
be had given notice that this dstey was 70 be mo-
asscs disiillery But instead OF thst IL grain dts
tilery, the claimant himself testified the stand
There found there about thirteen mash ubs where
found thai between tho doubicr and the cis;ern
room vas copper pipe arranged 90 that spirits could
be drawn on by means Of ruDOer hose. "A small
Of hose was found in the vicinity
Alfred vandcrwerken, Assistant Assessor In the Second
district testified that no had charge Of the dietiicry
the LIST 70 the 23d Of April went there every day and
not know That there cellar 10 the building.
On the part OF the defence 10 claimed that the
malt found In the cellar had been there last fall
Mr. Outflow disclamed any intention Of defrauding the
government Patrick O'BeIrne, who Inspector NJ
Tho place, testified A. to the hitting up Of the dsscry
hoeshsads In the cellar when he there and
heard that they there. He never any ndica
tons OF spirits being made, and thought that befe was
connection between the still and end OF the wortub
Mr. Outflow. the csiinant called 10 the stand, and
testified that all the boards Of the ciscrn room were
nailed The rectfyng tubs used last fals whom the
place was sczed The seizure then made Tor dis
filling without the payment Of The special ,ax.
He began TO a. up the new place IN November
In charging the jury his Honor referred In condemns
tory terms 10 the manner In which certain officers o.
the government had neglected their duties was not
disputed that for twenty days an intelligent man, en-
ploysd and paid by the uned States, had visited this
distilery every day, and although there were there
cellar. with mash tuDs In u, trap door BY which
ing thereto he knew nothing OF thcm. His Honor did
NOT mean TO ny that Mr.. vanderwerken had been
guilty Of fraud, but he did say that the public
required that such condition OF things - this should
never BE- allowed 70 continue. IL was IN Mr. williams
District and Judge Benedctl regretted and felt out
rsesd that shouid have occurred He therefore made
these remarks that they might reach the responsible
up no know something about the business he Was
Inc jury fstarned . verdict IN favor Of the United
States and the properly condemned The jury also
their regret because OF the negligence Of
tam ofncials - had bsen shown during the trial.