The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-09-22
INTERNAL REVENUE MATTERS.
The Case of the Kentucky Bourbon Com
pany-Coliecter Bailey Arrested aud suisse
gusntIy Released.


The Case Of the Kentucky Bourbon Com
pany-C0liectcr Bailey Arrested and suisse
gusntly Released.
As stated in yesterdays Herald, orders OF arrest,
arising from the seizure OF whiskey belonging 70 the
Kentucky Bourbon Company, were Issued by Judge
kcCunn against Collector Bailey and Deputy Collector
william H. BArrows, the ground OF the application
being trefspsss aud the wrongful conversion Of the
property OF the company located at 40 yesey sresi
Yesterday morning the order against Collector Bailey
executed by Deputy shsrifs McGonsis and Morse.
Mr. Bailey, on being served with the process accompa
MED the officers to the Office of United States District At
torney Samuel G. Courtney, who examined the papers
and saw that they defective Mr. Courtney at
NcCunns chambers where, on the representation of
Mr. Courtney, the orders Of arrest were vacated,
me so ns same VINE Assuring Dr. s
but on the contrary had been led believe by the
pany that he was not an officer OF the revenue.
When those actions were commenced by the company
In the supreme Court, Mr., Courtney, by process OF
oerttordt had them removed to the United States Cir
cult Court thus placing all action the matter beyond
the jurisdiction OF the State courts The afhdayits on
which the arrests asked for the those
presented to Secretary McCuloch when the bonded
strength OF which the company hoped get stay Of
proceedings from the Treasury Department The Secre-
interference with the action OF the collector and de-
clined to either grant the stay to release the
premises from seizure. The afhdavts are made
pany Allen II. Mills proprietor Of the bonded
warehouse No 40 vesey street; Edwin r. Lee, book
keeper OF the Kentucky Bourbon Company, and d.
Nessmore alleged to be the companys treasurer they
deny In effect that whiskey has at any tme In any
quantity been removed from the warehouse in vesey
street otherwise than In accordance with Law and the
guations OF the Internal Revenue Department. that the
said company have not nor did they have any in.
that $50 far as know or can learn in any way
or manner from others there is just cause for the
seizure Of said building or any part thereof or any pro-
The following is the opinion Of Judge NcCunn vacst.
ing tho orders Of arrest
SUPERIOR COURT
IN ne Mdtter Of he Kentucky Bourbon Ccsponv a.
Joshua BatIey-At the time the orders Of arrest in
the matter we're granted BY there nothing the
other defendants we're revenue ofce and II now ap-
pearing by the affidavit of Mr. Bailey that he and the
doing their be-. 70 the ns rsy
enue; and II being my disposition not to throw any
obstacle In the way Of the officers dscharging their
duty and knowing they Will have full and far bearing
before the United States Court therefore vacate tho
order OF arrest herein.
Da g. joshua r. sasy .a 1884, q: james
f. Bailey. William II. BarTocs and j. q. Koop-H Is
ordered that the order Of arrest herein dated september
parties, defendants be and is hereby vacated.
j. II. AcCUNN.
ector Bailey in addition TO those published in ysser
days HsRALD:-
sg p o1i sss q ~ az
as% c5 % e alien e.
States By removing from certain bonded wsrehouse stu.
sss s1 Sf'fy ssss ls M sysi
Gn c %R'''a .pssss b.s a hs 5
S And . Allen Mis- being parties to said oouspraey
permit Z granted y his Sspsssss .iosSs shs With
at he rcctfyng establishmen Of he New
yors Whsk.y and Rec.fyins ccmp.ny sad 70 be- owned
ss isa :.iS ~; AZ Ssss p
cured removed said spirits bonded ware
house 70 the warehouse Of the Kentucky Bour,
there sSn asa' sn;se e v'.'y an: and
SxTFss 10 sSoS he zss ~ marks for uanspor.sS7, kp
z = z: "a: :,
Be-, s% an and
Il . % 70. A1sa:s
August lss Ss I'ses Co. ud. gs', Rome:
he e
born Daniel Me.smore. Allen H MIN: and Fred TinE;
s;s.:: 1,sswinsly, aid and eject re-
he ssaISssn d;:ris. New sss..n other large e
sls distilled :Pirts subject % the payment taxes as
design s sad intent 70 s' S
fraud the United States and evade payment Of said
lief that the said Clark ssnpcrnp a II MIN and be-
Messmorc aud Fred J. Tnkham did conspire defaud
The Gnne state. y removing Other large Quantities Of dis
dcponent believes thirty five hundred barrels in such
70 avoid payment Of aforesaid thereby deraudng
fully sscertaned by deponen wherefore deponent prsys
That warrant issue ssanss said Clark sanborn Allen
violation OF the Law herein specified.
Sworn TO before me this 18th dsy Of s.n,ember is7
KENNETH q. WHITE. United States Commissioner
And depouent further says upon information and
Mills Fred Trkham did on or about the i2lh day Of
August 1857 at city Of New York; sad southern
number wit upon seventy six barrels and forty eight
half barrels containing and purporng contain distilled
as follows % witSew York %hisesy and Recs s.s
Company " Northmoore street, and Double dst ed and
further says that said brands or plates are wholly
In that the said brands plates any ect
vssey street and that The sad pae ana half nH
ss no, son;sIa resumed aid sP'riss
said No. VI North Moore street, nor at ali unless
through the fraudulent Of MIXING and adulteang
sanborD. Daniel Messmors. Albert H. Mills Frederick
j. Iinkham did the brands made
~ss n.en TO Ssaaa Ss unea snd ssssy
the thirty eighth section OF The Of Congress entitled
Wserors d-p"ssns pr.gs shs, 1.rsps - s."ea
ssd carh II ssnbor Hanis Messmore Allen H. Mills and
Frederick j. Tnkham fer the violation OF the
specified.
sworn 70 before this 18th day Of September 1857
KzxSEru "a. WHrs, U. D. Commissioner
MeetisG OF DistilIers and Rcctincrs-Au Assoc
citation Formed In Aid Of the Revenue De.
partment.