The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-04-29

ALLEGED ILLICIT TRANSACTIONS IN LIQUoRs.-
This morning Messrs Samuel Macky. Robert
ii. Beattie and James Hay. doing wholesale
street, were before United States Commissioner
smith on the charge, as specified in the wa
rant, of "neglectng and refusing to keep
record, and enter daily in book kept for the
purpose under the rules and regulations pre-
scribed by the Commissioner OF Internal heVe-
nue., the number of proofgallons purchaSeu OF
received, OF whom purchased and received, ana
the number Of proof-gallons sold or delivered
by them."
MIR. John W. Frazier, Assessor Of Internal
Revenue of the First District testified that he
had been informed by the Inspectors that Jhe
defendants had been selling liquorfor less tnan
the tax; the witness required the BOOKS OF the
firm to be produced before him. which was dOne
on the Goth Instant the invoice-book, on page
d. shows 2ll gallons at $3.50 per gallon; there
are several entries, showing purchases az less
than the amount OF the tax; they We're snort,
from May ], 1865, to May l, 1865 SD on the
license tax; 1t appears from their books that
they made sales amounting to $4,000, on Whlcn
no license tax was paid.
On cross-eXaminatiou, Mr.. Frazier tes-
titled that he had no other source of tnforma-
ton on the last point than that OF the books Oh
the firm. In May, 1865, they paid q license OF
1865 for the following year, according to the
then provisions of the law, which based the tax
for the year on the sales of the previous year.
Mr., j. o, Tobias. a revenue inspector, testified
that he visited the place in question on the
18th of April, in company with Mr.. Woolf an;
other inspector. After some little time ana
trouble, their wholesale dealers book, required
by law, was produced but the license could not
be found In this book tIe under the the head oS OF
tries whatever at the time. When the books
We're subsequently produced before the
Assessor, there were about thirty or forty en-
tries under this head, of date previous to April
IL. The witness found, also, on examining the
records that the firm had no wholesale liquor
dealers license for the year 1867, although
they had wholesale dealers license for that
year. and wholesale liquor dealers license for
the previous year. On examining the invoice
book when produced before the Assessor, he dis
covered that since the passage of the act i'm
posing penalties for selling, whisky at less than
the Government tax they had purchased large
quantities, about 10000 gallons, at $3.50 and Sl25
per gallon.
The cross. examination showed that the firm
were in the commission business, and had a
bonded warehouse. The books showed that the
number of packages of proof-liquor received
was entered, although the number of gallons
was not. The last entry in the invoice book of
purchase below 50 per gallon, was on Marcn
80, al $3.50. This liquor was at the time In bond;
it may be that this was the case with
all other similar entries but the witness
believed that such was not the case, from the
reputation of those with whom they dealt. The
witness had not been treated courteously by the
parties and confessed to having worked up the
case with considerable earnestness on that ac-
count. The parties had never before been in
Volved in any Illicit transactions
on redirect examination, the witness eX
planned that he did not mean to say that there
was complete entry of packages received.
On further cross examination, the witness
testified that he was not positive as to whether
they absolutely refused him access to their
books at first
The counsel for the defense here submitted
several books in alleged proof that the acts OF
Congress had been substantially complied with.
They also requested that all the books in the
case might be restored TO the firm pending the
investigation; but the District Attorney sug-
gested that others could be procured at small
expense
Mr.. Henry L. Woolf the Revenue Inspector
referred TO by Mr. Tobias, testified to some facts
substantially as above given.
Z The hearing was then postponed until IL
O'Clock next Saturday, In order that an exami-
nation of the books might be made, and a
number of witnesses subpmnaed.