The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-27

for an arrest Of judgmsn. on the ground thas ths
prisoner; being appointed keeper BY the Dsps Col;
and profit, az contemplated by the statute.
Mr. Crooke his COUNSEL argued In favor Of the motion
yesterday that the word place meant permanent posi-,
some permanent employment For instance. II
revenue officer had seized barrel Of whskey In the
certain place that would be exactly whs Counsel meant
illustrative OF the argument that the postou Of
was merely and IND mos place Of trust
meant apply 70 men whose only business TO sit
and watch pile Of barrels OF whisky, which was the
duty OF keeper: but II meant to apply 70 ofhcere
who had some decision 70 make andlbefors whom sons
matter would pending for their action doCsione
place in any stretch OF language must have been that
he received IL from the deputy collector Daley Daley
was deputy collector Of the Second district ana there
particular portion OF the district Mr.. Crooke thsnw
say that the deputy collector who has no particular
district assigned 10 him. has NO right TO do any act what
ever in the whole collection district because, By
law his duty limited II he had no power Of APP
poiutmenl then he appolns any place Of
trust and profit Counsel quoted from the statutes in
support OF his second proposition Again, there ws
evidence show that Mr. Daley had been assigned 70
the district In which this dstilery located Mr..
Crooke quoted from the statutes In regard 70 the
division OF collection districts asserting that they must
be divided into divisions and continued his remarks,
saying that Daley had authority TO appoint anybody,
and that there was power given TO deputy 70
make appointments Of any sort The very position Of
Duberne showed that IL not one Of trust and pr0he
contemplated by the law Mr. Crooke argued in
clson tho point that offence had been committed,
under section sxtytwo, at length The foregoing
10 but the abstract Of his argument which eccu-
pied considerable time
Mr. Tracy United states District Attorney, argued II
opposition holding that the prisoner had been exeros-
ing official function under the internal revenue
laws aud because he pnced IN charge Of tho dst
aud acting the Selling officer he was virtually
in custody of the place. Further that the
recognized and the statutes recognized keepers because
they made provision for the payment OF keepers OF
property seized under the laws Mr. Tracy argued that
Duberne was person contemplated BY the statute -
holding place OF trust and profit because the statute
provided that the person-the kesper-who IN pos.
session OF property, nterfered with, should have the
same remedy against the party committing the injury
upon his person or interfering with his guardianship
the officer who employed him. He occupied o
position Of profit, because The government recognized
his keeper aud made provision for his pay.
Ihs bride, Mr.. Tracy continued, was given with
the intent Ia allow fraud 10 be committed upon the
revenue Because Dubernel disappeared and the fraud
committed portion Of this property lsome forty
barrels Of whiskey) taken away That was fraud
upon the revenue, because q seizure had been male
under the laws, and tho property kept In the
possession Of the government, would have been dis
posed OF for the benefit OF the revenue All proceed
ing had been taken under the revenue laws and none
other
The decision in the matter reserved.
The Illicit Policy Business.
The OF John Ryan, who was indicted for carrying
tho lottery policy business without . license
called on yesterday afternoon when the assigned
Mr. W. L. Whiting a. counsel for the defendant On
the advice Of his counsel Ryan pleaded guilty, and at
the request OF Mr. Whiting his Honor agreed TO suspend
sentence until aindavits could be procured in view Of
mitigation OF the punishment Of the prisoner.