The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-09-10

ostr1c massachusetts,; that dsponent thereupon In
hundred OF the four hundred and eleven barrels Of p
rts IN sad warehouse when be came into ONCE had DIS
appeared therelrom; that said Calicot professed u
doubt the accuracy OF deponenps informaiion but on
being reassuTed this point declared that the spirits
ssMosea hsa been stolen and TAKEN away w.ncas I'
knowledge; 10 which deponent REPLIED that this DC
true the Keeper OF the warehouse must have been
party IS well Mr. Fletcher the agent Of Mr. Wilson, and
said Cacott agreed to do And deponeDt further says
that on the 5 Of May and after the seizure OF the
twenty-one barrels Of sprits Aforesaid said Calicott
caused the bonded warehouse said Wilson to be placed
under SEIZURE and kept the same under seizure until
tne Gay OF june without any invesgation 50 lar a.
aud without turning the same over TO the court Tor
prosecution Not hearing anything from the promised
nvestgauon OF said Caicott as to the removal OF the
last TWO hundred and eleven barrels Of spirits from Mr.
WILSON'S bonded warehouse, and becoming satisfied that
said Calicoi did intend to turn said warehouse
70 the court Tor prosecution but was holding possession
inc same FOR the nero purpose OF preventing said
Fletcher, an agent of said Wilson, from disclosing
what ne knew in regard to tho purchase and
rsnS~sa OF said spirits. deponent. on the - day OF
June as Luz Sltornsy of the United States, affirmed the
seizure OF said Cacott and filed information against the
property th5 Marshal to take possession Of
the same that Opponent hereupon visited the place OF
said Wilson, and obtained possession OF said Wilson'S
books for the purpose of making examiraan OF the
same, and found two entries in said books, that said
Alex. CUNNINGHAM the purchaser OF the said four
hundred aud eleven barrels Of spirits having purchased
tho 10Th day OF May, and the other lot OF
two hundred and eleven barrels on the Gath
Calico,t has made no effort to have the said Cunning
ham and tine said Dayton arrested in any manner
And deponent further says that there was no cause
whatever for The OF said bonded warehouse of
said wilson By said caicott and that said Csicot was
unable to frnish any cause whatever 10 justify SAID
seizure; but, the contrary, II appears from papers
transmitted by said Caliicott to deponent that the
wholly without cause, and che proceedings had to
be dismissed and the deponen further says that he has
recently been informed by Rodney Backus. gene
raj inspector Of spirits for the Third district OF New York.
"a - ia n ty<N rod
eleven barrels of spirits their removal from
said warehouse that he received order from
of the Path day Of May to proceed to the
warehouse OF sad Wilson Inspect said spirits for
the purpose Of their removal to class Ii. ware.
house and that he made said inspection that day and
made due return thereon TO SAID Office and again
ported said inspection in his monthly report and de-
lvered that also TO said office; ana that some time
after this said Backus again went TO the oce Of said
collector and examined the papers and found his seve
reports stil file said Office whereby appeared
that said spirits had been regularly Inspected and gagged
for said wilson Deponent further charges
that upon facts heretofore stated and upon the
facts evolved and set forth in the aiidavits
OF sad Fletcher J. J. Allen, Fred Cocheu, here
unto annexed that said T. q. Caiico,t, collector of
the Third distct II New York; Augustus Day tou, store
Dngham Lewis Fancher and other persons deponent
unknown on or about the 5th day OF Nay 1857 the
said city OF Brooklyn and within the jurisdiction of this
court did conspre combine, confederate and agree to-
gether to cheat and defraud the United States out OF
taxes about owing said United States one thousand
gallons OF distilled spirits and amounting to $42
600, by fraudneny and uniawiuiiy removing the said
spirits from the bonded warehouse of said John Wilson,
situated in the city OF Brooklyn aud Sci ing the
in the market freed and tax paid and tnat in pursu
ance OF said conbinalon coniederacy and agreement
SAID Cunningham did pe5eu. and did cause anu procure
to be present al certain false aud raudul bond for the
removal of two hundred barrels OF said spirits ana said
Calcott did accept and approve tue sanc knowing the
same 10 oo lae and fraudulent; and the said Calicott
did afterwards order aud direct the removal Of two hun
dred and eleven barrels OF spirits without regarding any
bond OF security whatever and did permit said spirits
TO be taken ana removed from said bonded warehouse
and from without the possession OF the United states
and its officers; and in further pursuance of said
spiracy the said Calicott and Cunningham did fraudu-
ienty procure the release OF the sad wenyone barrels
OF spirits seized as aforesaid Wherefore -deponcnt
prays that may be issued against said persons
that they may lie dealt with according 20 law.
BENJAMIN +. TRACY.
Sworn TO before this 2Sd day of August, 1857
CHARLES ". NEwros, United states Commissioner
AFFIDAVIT ASSISTANT pisrRcr ATTORNEY ALLEN.
The afiiavi. of Assistant District Attorney John j.
Alien sets forth that on the 25sn day of Nay 1867,
Revenue Inspector Wainwright Of Brooklyn brought TO
the olco OF said attorney, al Brooklyn, two lots OF
spirits, to wit ono cart having thereon barrels
pareny CONFIRMING sp'sitsi that sad sPrI't remained
on tho street outside tho chico for several hoprs; that
about four O'Clock IN the afternoon Of said day one
Alex. Cunningham canc 10 deponsnt and showed him
OF inspection Of two hundred barrels OF spirits
al JOHN Wilson's warehouse in said Brooklyn, said
certificate stating that said barrels were marked
Nv. q. RobiasoD, Inspector" &c; that said Cum
nipgham said The spirits were all straight TO
his knowledge; that said spiiits were tho same
ttoso inspected by said Backus, according to said
tiicac that the permits for the removal OF said spirits
the Office of the collector OF the Tbird district
OF New York; that he Cunningham was actiog for
friend and interested in The loads OF spirits, aud
said Cunningham asked deponent TO go with him To the
Office Of n collector and about the natter depo
replied tEat II TOO late 10 Ind TIE collector in;
Cunningham answered that the collector was at bis
office and would be there to see dcpoDon, opponent
then stated for the oce and the way exanned the
barrels OF spirits aforesaid and found the marks thereon
poad marks stated IN the certificate Of
nspee. on Aforesaid and VITA the statements Of
road he asked Inspector Cochou. OF Brooklyn,
who Geporent had been Informed, hal made tho re-
quest for the scizGre OF said sprtl ha no thought OF
spnsi and Cachcu replied that all ls had against
tn absence OF 'transpor alton bonds, and
that they could be identified the spirits being
moved from Wilson's warehouse aforesaid, they must BIO
''straigbt as Tho brands seemed genuine; deponent
then went 10 the Office OF the collector aforesaid and
found bun in and said Gum bgham In tho back room
alone With him. after the usual conphments the COL
lector Mr. r. G. Caicott, said that Mr. cunningham was
speaking 20 him about spirits sezef by the inspec
tor that day. that he Caicot had given permission to
remove two hundred barrels OF spirits from Wilson's
bonded warehouse, class A, 10 class warehouse,
and had sent an officer to euperntend the
removal; that sald officer about come where and
that lac ho ocef had the permits; that he had gone
(hc rrcsumed IT was so lalc that he tCaliicoLt) had
received order 10 have ali spirits removed from
removal in accordance with said order; that no
lCaiico:i) was sure the spirits In question were all
straight that no had no doubt they were all right and
was satisfied u was all correct; that no had given
permit 10 remove the spirits and he had no doubt
everything correct about them; said Cacott talked
In a smooth and positive and gave deponent
idea that be tCalicotO was entirely sure said spirits
s right, aud he (Call.cott) knew the samo were
properly removed that dcponent came away, and on
Court street, Montague street, Cunningham spoke
TO a man whom he introduced TO deponent a. Mr. Day.
ton and said he the officer having charge OF the re-
mova Of said SPIRITS deponent asked Dayton II he had
charge OF the removal Of spirits from Wilson's ware
house that day. aud said Dayton answered that he had
and showed deponeni order 200 barrels OF
spirits sa3 warehouse 10 class warehouse that
said order stated that said spirits were Marked NV. G.
Robinson Inspector" &c said Dayton tod dcponens
lie had sent two loads OF that morning containing twenty
barrels and truck: said he could not 60
with all the and trucks and had sent loads OF
said Dayton described said loads. and the descrip-
ton corresponded with the said loads; said
Dayton then came and examined said loads and
said they were the same loads Of spirits he had sent
away from Wilson's warehouse that morning; deponent
then told said Cunningham that be might take said
spirits the warehouse and that he would held the
Cunningham responsible for said spirits, and said Gun.