The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-02-01
HAlrfu STATES COMMISSIONERS cQas1.


Before Comm ssioner Bet,E
James b Freeman. an Inspector OF InerDal Revenue,
asd James Miller we're up again yesterday, charged
With having levied black mail to the amount of $3.50
FROM Henry Budeiman, keeper of feed store in Harlem
M BENJAMIN Knsrnan Phelps appeared in behalf of
mo government 10 conduct the prosecution, and Mr.
John Sedswick for the defendants
The evidence for the prosecution has closed and the
examination adjourned from the hearing till yes
to-day 70 enable Mr. Seewick 70 make motion TO dis
mrs the complaint The learned counsel now made
shat mrSt1n. and eontended that inasmuch Budemau
~ the Tine he paid the money did suppose freeman
% be revenue officer Freeman could be held under
the charge OF having receiv cd money given with an in
sent 10 irnuence his decision the gov
srnmenl M sedewick argued this point At some
Mr. Phelps IN reply, contcnded that the offence con.
ssted IN either giving receiving money with the in
that the oicers decision should be- influenced bv
a. and thar as the evidence clearly showed guilty
intent existed both in the minds OF Freeman and Nil
her they cond not claim 70 be discharged because Bud
siusan's intent was innocent
Commissioner Belts observed that upon preliminary
examination the question Was whether there prob
able cause TO believe that an offence had been
nai,sd. 10 this case he bound to say under the
svosnee, that there probable cause aud he there
ssse declined 70 dismiss the complaint
On the application or counsel for the defendants the
aast enable them TO produce testimony for tho
tssoe.
Ahss~x Frauds IL the Tobacco Trade.
Before Commissioner Osborn.
ne further hearing OF the charge against Roes CO.
tsbsSsopsss OF Fulton street, Of having rendered false
ad fraudulent retIrns Of their sales and manufactures
:" the eovernment resumed before Commissioner
0eborn.
Mr. Joseph Bell appeared for the government aud Mr.
Charles Donoboe for the defendants
witness named Packard recalled He prodncod
memorandum book containing memoranda Of all the
tobacco that passed through his hands while in the
pfoynent Of the defendants, which during the
antre time they were in business. HIS duty
weigh and case all the tobacco that in; and ID a
peared from the memorandum book, by footing IL up,
shAt there is difference OF 400 600 lbs. between the
amount cased by Packard and the OF tobacco
which appears by the defendants books 10 have been
pnrcbased by them.
hoe for tho defendants, made motion dismiss the
complaint the ground that the defendants could
~ held liable for returns signed by an Individual mem.
Der Of the Grm
Mr. PEEL, the other hand argued that the defend.
.a.. under saeh sialf q lacts Were liable aud pro.
Jeney, TO sustain him in this view
The Commissioner did not express any opinion on the
point bot adjourned tho case till next week, when he
Gil give Jndemenf upon the question raised by counsel
for the defendants
Charge OF Forging Pension Papers.
Lecics Brown was charged with attempting TO Obtain
ths pension OF Barney Gallagher papers alleged
have been forged Gallagher examined in support
Of the charge He testified that he went 10 Brown 4
20 = once, and left two discharges with them for the
purpose or getting his pension He and talked with
Mr. Brown himself, and there in the presence OF two
witnesses signed .he claim All the papers he left with
appeared oin the evidence Of Mr. Leech OF the Pension
once that Brown Go. sent TO that department, sup
por Of the claim Of Barney Gallagher surgeons cert
rsste OF disability, and also captains certificate to the
same effect The the part III the government Is
nst these pagers forgeries and were never sgDcd
ts Gallagher The further hearing Of the .ase was
adjourned TIL Thursday next