The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-31
BROOKLYN COURTS.
UNITED STATES CIRCUIT couar-lHr1aH DISTRICT.

The Whiskey Frauds-The Case Of John Dew.
lin and Othcrs-An Important Decision Yes
terday-Thc Demurrer 60 tho indictment
Overruled, &c.
Before Judges Nelson and Benedict
United States John DevEr, TAoa Lsvan A. J. Phil
lips and Framcis w. Tdppan-A decision rendered
after the opening Of the Court yesterday noon in the
matter OF the demurrer Of defendants counsel Messrs
VIM. Evarts and VIM c. Dewitt, to the indictment
found against tho defendants The decision or the
Court. oral one, delivered by his Honor. Judge
Nelson who said
GESrLENS-Tn this case have looked into the
question raised BY the demurrer argued by counsel on
both sdss, and have satisfied ourselves that the de-
murrer is not well taken, and will be overrulsd Tue
two first counts OF the indictment CHARGE Substantially,
these defendants with having put inspectors brand
upon barrels Of whskey distilled spirits the brand
being Manufactured prior to September, 1885: A ).
ing put this inspectors brand upon large numbers OF
barrels or casks Of distilled spirits, which brand
imports In the Judgment OF law that the tar upon
the whiskey has been paid by the manufacturer.
That Ii the import or the brand, whereas the
defendants know that the liquor manufactured SUBJ
the time that the had been paid and that this
brand was put with intent to defraud the govern
coun. Of shs i"dcsmsn ro n,r Of cou 1s c.
these defendants with having put upon their casks OF
distilled liquor counterfeit brands false and
felt brand Of the nspccior-with the intent defraud
the government Now the OF July Is 1885, thirty
eighth section contains this provision Amy person
brand place upon any cask or package containing or
purportng to contain distilled spirits who shall know
insy make or use any counterfeit or spurious brand
aforesaid shall be deemed guilty Of felony. and on
conviction shall pay fine Of $1,000 and be Imprisoned
person who shall with fraudulent intent any In
spcctcr's brand, who shall . counterfeit brand
ten. to defaud the vii, pe subject 70 ths
penalty. Our opinion is that tho 1rst and second
counts come within this portion Of The shrtyeishth
n hau hnmx 20 wArn
this section 70 cases where the inspector him.
self is concerned in the preparation Of the
offence decided Of that kind but this CAUSE covers ali
onence: committed by any person and therefore em-
S%ss these x: = well :. - e
using Of countefsh brands marks embraces the third
count Of the Indictment We are also inclined to think
counts would be brought within the forty third section
The forythird section, among other things provides
for ale prior 70 the time When sns act
takss eject sxceedins hy gallons altosether shall
notify IN writing the collector Of the district where
days thereafter 70 and prove the same and upon
receipt Of said notice the collector shall cause said spirits
tanning the same to Be marked by the inspector In the
following Observation-Disclosures prior to =. 1866.
Or to be pa ssss
Another clause Of that section has this provision Aud
any person who shall 50 brand any package containing
NOT been paid shall forfeit such spirits aud
be deemed guilty Of misdemeanor." Now
the charge In these counts Is thx tho certain brands
described are placed upon certain casks containing dis.
titled spirits BY these defendants they knowing at
time that the taxes the said spirits had not been
paid knowing also that the brand imported that they
had not been paid that put frsudulenuy, and
with the intent 70 dcfraud the government There Is
undoubtedly question itself matter OF construction
which involves the only doubt In connection with the
case that In the subsequent Of the section another
brand q referred TO, and made an ofencc. The argu-
mont Is that the last clause embraced In the pre-
vicus matter described In the section. We inclined
70 think that was meant TO embrace false brand
fercd 70 10 the previous part OF the section Our opinion
n that the Indictment may well be sustained In all
counts first second and third under the thiry-eighth
section We also inclined TO think that tho FIRST and
second counts may be sustained under the forty third
section. We must therefore ovcruIe the demurrer and
give Judgment for the government
In view OF this occasion, the defendants win be
ngncd and the trials proceeded with at early day
ronv