The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-09-17

psrfir
punish Rabinson FOR having informed against a iot OF
wbiskey alleged to have been frauduleniIy removed
from wilson's warehouse before entered upon the Col
removal Of the spirits remaining in said warehouse
The facts 10 regard TO this arc that had no
of said Robinson having given any such information.
and heard Of 1t until after his removal that said
Dayton a storekeeper at another warehouse in
the district appointed before came INTO ONCE that
said Dayton was personally unknown to me-
and ] learned upon inquiry that no had served
war, Was distinguished for gallant conduct and
was honorably discharged from that SERVICE that said
State Of cOnnectcui and removed him solely because
he q nonresident Having appointed James Haney
Is supervisor Of the Second ward in the Third Colso
ton district and who was highly recommended l a.
signed him 10 the warehouse Of which Captain Dayton
keeper because It was near 10 Mr.. Haney's resi-
deuce and convenient for him. and transferred
Captain Dayton the Wilson warehouse because did
not wish 10 discharge from employment man whose
military record SO good The fact that he had per-
ed his lilo to defend the government seemed TO me
Ing It; and wha. told Mr. Tracy when he afterwards
expressed some doubts in regard to him was mol
two, bu. that II Mr. Tracy's srspicIons were
verified ~ any proof he Captain Daytypj should moi
eon -, he sang,o aay. MI tracy Knows 'na. nas
in tho fact that there st least one person
employ o. the Collectors Office against whom be had
wards called upon me and withdrew the impuatiou
Another circumstances relied upon TO sustain charge
ordered the seizure OF Wilson warehouse. Mr. Tracy
says he became satisfied that held OF the
same purpose OF preventing sail Fetcher
the agent OF said Wilson, from disclosing what he
in regard 10 the purchase and removal Of said spirits
This unjust inference Is retuted by the affidavit of Gem
cral Hiyer the United ates Revenue Agent who tes
fes that the seizure was requested by hims
and without any suggestion on my part.
In further eydence on this point refer to two letter.
from General Hilyer, dated respectively May 20 and
psrty was taken by the United States Marshal from tho
custody OF the keeper appointed by Deputy Col
Stage process instituted BY the District Attorney June
q that tv fnur DAYS hada bptW
seizure ION request Of General Hlyer, and the airm
ancs of said seizure by the District Attorney Il q
proved by General lilly that from and after the date
OF the seizure repeatedly asked him furnish proofs
80 that unnecessary delay should am there
.became satisfied before the expiration OF twenty
days provided By section Eve OF the OF aarch
2, 1857 .has said warehouse was he'd by me with
AS to the third specincation:-I deny that fraudu
lently procured the release OF twentyone any othe
number barrels Of spirits from seizure by tue suoord
Of the District Attorney This allegation based
upon the affidavit Of John J. Allen, Assistant District AZ
torney Jaly 49, nearly two months after the
versatons In the detail o which 1t manly consists
Every knows how dacult Is to repeat
ton accurately day after its aud II Is
therefore, not surprising that Mr. j. Aliens narrative
OF his several conversations with me, written long
saws talked in smooth manner" II by this phrase
that spoke courieousy, is true; but II II u
implied that did 80 for corrupt motives ii is ial-e.
will not undertake to to the precise language Of
conversation so long ago, bat Will give the real SUD
saIed ,orether a, nv Office od the OF the 2Ssu
OF Nav cunningham stated that tho horses and carts
seized with the barrels Of Spirits belong to trend Of
his and therefore felt interest in their release Mr.
Allen said he told that the spirits were being re-
from Wilson's warehouse BY my order, and thai
he had called 10 ascertain If that were the fact 70
piled that nad days previously granted permit
10 transport two hundred barrels OF spirits from
Wilson In bond to Massachusetts,, and had since, IN
pur nance of instructions from Commissioners In
tcrnal Revenue, ordered al the spirits In Class "An
warehouses be removed to warehouses class 'B 3"
that CAPTAIN Dayton the siorekeeper directed "a
supersntend both these removals. aud that therefore,
he we're the officer IN charge Of the seized SPLITS snerS
positively whether the twenty barrels movini
the permit for transportation under tho ordel
| for transfer until saw Captain Dayton; that would
send him and for Dir. Alens Information
he desired it, would let i'm know Dayton's
| report made. Messrs Alien and Cunningham
| then left and Mr. Alien testifes that imme'
dia,ely after leaving my Office he met and was In ro
ducod Captain Dayton, who. he says exhibited 10 him
an order for the hundred barrels Of spri
from Wilson'S warehouse TO class warehouse 1t Is iui
possible for me- not having been present at me inter-
Allen but IL s most probable that It was the order ad
dressed by me to Dayton copy Of which is hereto an:
by that subject and II does not mention two hun.
drsd barrels or any other specific quantity OF Spirits but
Sy The Mr. Alien a.
on meeting DAYTON usxe him TO come to my o1ce with
As was sent for Dayton repeatedly ~ n0ros through
the Post ONCE and BY messengers bat he did NOT comSe
my office for some time afterward when he informed mS
that the twenty zone barrels which the Assis ant
District Attorney released part OF the 200 baren
permitted for transportation 10 bond to Massachusetts
effort OF Mr. j. j. Aliens aaldavit TO nsnuate that
made attempt to Dayton and that procrastinated
The afndavits OF Charles Tappan and VIM p De vsau,
herewith submitted repel this unfounded i'm putstion
true and in good faith The small fling or inuendo thai
my statement that NV chief clerk was absent ct
funeral was mere prsext for delay s also dsprovsd
by the affidavit OF Mr.. Tappan, who estihes he
SO absent In answer to that part OF Mr.. j. J. Aliens
affidavit concerning my frs: granting and then revokns
~dopp ~
the Third district to admit Inspector Cocheu entsl
and inspe the a. pleasure, have to STATE that
mo most proper aud exped.en, and stated so al the
tme that adeputy collector should accompany Inspector
Cochen, or any other inspector, ON his visits 10 the
bonded warehouses at time 10 make IL certain that
fraud could be perpeirated. The affidavit Of James
E. Robbins herewith presented, shows that Mr. Allen
coDcurred in opinion that such additional precausion
was just and right. Tho object Of Mr.. Cocheu's
application for permission to explore the bonded
warehouses was not stated 70 me- but the contrary,
when asked be replied that he had particular object
but mercy "wished TO test the question:. he had
heard that the collectors generally Insisting that
under the law, the nded warehouses in their re-
spective districts were under their exclusive control
II not until some days afterwards that learned
from Mr.. Tracy himself that the real object OF sai
Cobeas request 10 search for spirits from Wilson'S
warehouse. Had Cocheu Informed me OF this, all nss
ccssafy permission and assistance would have been
promptly rendered. Tue affidavit OF Inspector E B.
Rollins shows that he had every facility afforded TO MIN
TO vis. and inspect the condition and contents Of The
bonded warehouses in the Third district Mr.. Tracy
complains tuht 'male no eHoft 10 falo tuus
nngham and the said Dayton arrested, or any
ner interforsd with for the removal OF said spirits
All the Information had on the subject prev ously
In possession OF District Attorney early June las
and the question Of prosecution rested with him. Il
must be apparent TO tho Board that the District Az
toruey could not justly have expected perform
his, functions the alleged fraudulent bond OF r. h.
Hand delivered 10 District Attorney Tracy for prose-
cution the 9th day OF July last appears from the
receipt therefor exhibited In the Board which
cept hrsi doubted by Mr.. Tracy, but when shown
was admitted TO be correct This bond trsns
mittsd and could not properly be 90 trasmittsd,
until after disent effort had been made to 6Dd
property belonging 10 the obgors 10 disrain upon,
under section twenty three Of the OF March 1887
Having thus reviewed and refuted the charge precsd
against me In the severa adavs presented by Mr. Tracy
1 submit the with entire onadence, believing that
even the accuser should nov be convinced that The
Injurious suspicious surnises aud mpuations contained
In those afdavits concerning my official conduct
baseess and resp ctfuly ask from your honorable
Board such action ~ will fully exonerate me.