The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-08-13

| He alluded to the age of his client, for
whom the punishment for the offence with
which he is charged would be little better
than death. He charged the jury to ex-
clude every doubt Of his innocence before
they thought Of pronouncing verdict of
guilty. All parties declared themselves
ready, and the evidence was proceeded
with as follows:
Henry Smith being sworn, testified:
am now residing in Henrico county, near
Richmond. have been General Inspec-
tor of Internal Revenue for the Third dis
trict from 29th Of October, 1866, to the
10th Of April, 1867. There was handed to
me $1,000 by parties interested in four
distilleries upon the river, in another dis
trict-the fourth. I know the disitlleries
in which the parties were interested. A
great deal of the whiskey distilled there
was brought to Richmond. I cannot tell
the amount that was brought. 1t was
stored in two warehouses in Richmond not
bonded. learned about the whiskey in
my official capacity. The parties sending
the money were William II. Parrish and
Colonel Clarkson. 1t was handed me by
W. W. Gasden. took the money to Col.
James at about halfpast 9 o'clock one
morning either in the middle of the month
of January or February, 1867. think
January. handed Mr.. James the money
in his office. He asked whence it came,
and for what told him understood it
to be a present from the parties above
named, because they had said so. Colonel
James said he wouldn't take it as pre-
sent, but he would take it for a separator.
He did not take it at that time. He told
me to hold on to the money until he had
seen the parties, and if they had stated or
would say that it was for the separators
he would take the money. He said no.
thing more. kept the money, and took
it away with me. That evening or on the
following morning Colonel James said to
me that he had seen the parties, and they
had said that the money was for the sepa-
rators, and that he would take it. To the
best of my knowledge the money was
handed over by Gasden. Parrish drew a
check, but Gasden drew the money from
the bank. dc not know what bank the
money was drawn from. I never had the
check in my hand.
| Questioned by defence: The separators
spoken Of were made under Colonel
James's patent. Counsel for the United
States here objected to this kind Of proof
for patent. Defence declared itself ready
to prove whose separators those mention
ed were. The question was put in diff
ferent form.) understood the separators
as Colonel James's separators which they
were using. I do not know the number
used. | don't know who was using them,
except from hearsay. I don't know that
the distilleries used any separators. I am
an expert in the dstillery business. l do
not know the capacity of the distilleries,
and consequently cannot state the num-
Der Of separators used. consider
the distilleries on the river large.so
large that two would be required in
each of two of them, and one in
each of the other two. The separators
separate between the high and the low.
l do not know of any of the distilleries
here using the Tyce separators. The Tyce
separators cost 5000 and upwards. Here
the Patent Office papers for James's sepa-
rator was produced and allowed in evil
dence as a reference. An official letter,
placing the smallest size Tyce metre at
| $3.50, was also admitted. Another letter
from Commissioner Rollins, allowing the
use of any patented separator was also al
lowed for reference.] The separator has
a hydro-metre which indicates the proof of
the spirits distilled. Here the witness
described the uses of the SEPARATOR Mr..
James had no control or authority in the
district in which were the distilleries
referred to. The spirits could legally
leave the distilleries without going to q
bonded warehouse, nor could they have
come into this district without the tax be-
ing paid or permit from the officer of
that district. All the whiskey I had re-
ceived from those districts seemed legally
branded. I was witness before the grand
Jury on this indictment. Here the ques-
tion was asked: "Dd you give substan-
TALLY the same evidence before the grand
Jury as you have given here :" This was
objected to by the prosecution; and a
lively debate ensued upon the ques-
ton whether or not the witness could
disclose what had transpired in the grand
jury room. The question was finally al
lowed, and the witness answered AS
far as I remember, word for word."l The
counsel for the defence then asked: "Did
you give the names of the parties who gave
you the money! 81 think did," The
counsel was about asking another ques-
ton, when Mr.. Chandler again objected.
The defence urged that if the witness had
stated the names Of the parties before the
Jury, as testified by the witness, the jury
had not brought in the indictment accord
ing to law. This was only to be gotten at
on the trial by questioning the witness as
to his statement before the jury. The
prosecution urged that this was q matter
for the court, and not for the jury. If the
Jury would be withdrawn, he would con-
sent to full hearing of the question. The
matter was decided in the end by allowing
the defence to ask its questions, and the
witness was allowed to proceed.
did not state to the grand jury by
whom the check was signed. | stated to
the grand jury that l was under the i'm
preston that Clarkson handed me the
money. I was not certain about this, and
so stated to the jury.
Colonel John n. Clarkson, sworn: re-
side in this city. I had an interest in
some distilleries in January and February.
I have personally knowledge of the money
sent Colonel James. Some time in Janu-
ary or February Colonel James met me in
the custom. house, and asked what was the
purpose of the money sent him. I asked
if the object was not sent with it. he told
me that Mr.. Smith had given him 81 ,0O0
sent from me. I think he said that if it
was for separators he would keep it. I
then treated it as a fixed fact that it was
for separators. -,
Colonel James then said that he would
grant the distilleries in which I was inte-
rested, directly or indirectly, the privilege
of using his separators. l thought this