The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-11-26

RITEB sTATts tBCvT c0gaT-EasrsM lyEt7-

ste Case of BraIne. the Alleged tEesHpensa
Pirate.
Before Judge Beneiiee
IN. case OF John s. BFane ndcted.cn ne charge Of
piracy and murder tie high seas, tens esled on
yesterday,
siricAorrey Tracy arose and SAID hist counsel for
she defendant had furnished him with sndavs alleging
tbat Brane MAS an oficor the Confederate service
snd acted as such the matters charged IN the indic
nent Upon consideration no had forwarded the papers
s. The Attorney General at Washington for he opinion
ard instructions whether the under the
Of surrender given the Confederate arey Or par
,cusr proclamation by the President in other words
he bad forwarded them 10 ascertain what acton should
be l2ken.
The court inquired 10 what day The shoaid 10
Er Do wir iof counsel sor prisoner--we win await
She notification OF the District Attorney.
Gonde nDation OF Whiskey-An Important
Case.
grii<d Strtcs Eight Casts Of WA;sey ,. H.asarne,,
s.c.4aE This whore quantity o. rectined
sprsE seized while beng transported from the
nfylns establishment Of ". o. Tyler West street New
York, TO Brooklyn The evidence on the part OF tvs
government showed thai the spirits rectifed that
tbsy wore sesds q barrel q new spirits s,d me re-
TaIsaas scifsd spirit: which ~srs PFcfcry branded
n claimed by the pisrjc, Attorney that the harden
us pYsof 70 show that these spr,s and the
.rrs from VIA VI ,s:s sss oeSa made was ss.a de-
fudge benedict said that tho question hsq been rS.
nncec 20 construction Of tho sorty-hth section Ct the
got OF 1885, providing that spirits found elsewhere than
N bonded warehouse not having been removed from
such warehouse according 70 law, aud the imposed
ny law not beng paid the burden OF proof Ehsl be upon
the cslIoant 70 show that the requirements OF the law
bad been complied With.
Nj. Hellis, counsel for claimant asked he court 10
erect he jury TO find verdict FOR he claimant upon
abe ground that probable ~ sezgrc shown
by the government other than that the spirits
sound elsewhere than IN bonded warehouse aud tina.
abe clanant was not called upon provo any thing
rernng them that assuming the burden az proof TO DO
upon the claimant, he was entitled 10 Judgment, having
shown that the spirits marked The law requires
District Attorney Tracy requested the court direct
verdict for tho government under the construction
gwen section a. by Mr. Justice Nelson, the n
lLo Tinted Ea.cs ys. sos barrels oi SPIRITS mas
much as no evidence was offered ~ claimant showing
ihat ghs Rad been paid
Jndge Benedict, ~ deciding, sai thai he considered
she propositions Of the law to have been dispo OF in
ioe case OF sos barrels thar these spirits had been
moved for transportation from Illinois % mo bird ds
trci, New York and found 10 tho Third dstric,
cut Of bonded warehouse and thar The higher ccar, held
that The burden upon the claimant 10 show hat tbs
law bad been complied with, and tnat the fact that
proper brands were upon the barrels Insufficient
This case differed from that only where these spirits
pnrpcTted 20 b. reetaed spirits removed from bonded
wsrehouRo pay OF tax instead Of spirits
moved far transportation upon bond. Proof OF the
payment Of tax upon removal Of tho spirits from tho
bonded warehouse mast elso be given The words ro-
quramenss OF the law in regard TO the ssme referred
70 tho removal from the bonded warehouse ng
Mv and payment OF tax when ihat was necessary 70
removal. In concluding Judge Benedict said .ha, be
had construed with Judge Nelson, who concurred with
him in HIS opinion with regard 20 the case. verdict
IN favor OF The government must accordingly entered
Vonderlnrg the property
Conviction for Illegally Uisfiilinr Whishsy--
What Constitutes Compliance with ghc
Law IN Regard 10 Dsriiiinge
IN. ID States ~ lh0wdr Sh1a. The defendant was in
dicsd on the charge Of having carried tho business
or dster at the Of North seventh end Eighth
streets r q, without having paid the special tax by
saw required The evidence ON behalf OF Tho govern.
mont showed tina, he had gwen notice the assessor
Sled his bond &c, but before paying TO specir
lad commenced disabling and was seized.
Tho defence offered 10 evidence the application mGse
ny shea Offering 20 ray the tax.
Tho jury rendered q verdict OF guilty, wherouJon
Mr. Hollis counsel for the defence moved fo. an arrest
of Judgment and trial upon the ground that Shea
engaged in dstiiDg without paying the special
iaS, az cenued ny law Having hed his bond, Sc and
while awaiting Tor the papers to he regularly passed
upon. he began dstuing At THAI time he had CON-
Piled with the Law far he could and re was
obliged 10 wall uGl tho government officers lad
formed their part OF the business before commeLerg
business
D,srcs Attorney Tracy commended that distlier had
10 right To commences business have materials N
fermentation until the special tax had beeu pad.
Judge BeEedict reserved his decision.