New-York tribune., 1867-06-13
CIVIL COURTS.

CIVIL COURIO
UNITED STATES DISTRICT COURT-JUNE 12-Be'
fore Judge BLATCHfORD ana q jury
,,troRTANT VERDICT FOR THE GOVERNMENTAL
VALUABLE DISTILLEHY CONDEMNED
The United DeU at Nos 29 2 and 500 Henri
and Ten Barrels Distilled Spirits and other Property found there
This was nm action to condemn the dstillery prop
crtv of The Claimant situated on the premises aban,
doned for frauds in the The property nvoVed
As estimated worth from $4,000 to $4,000 49, o
encing business give notice to the assessor OF to % %
he intends TO do, the persons by Whol J J and
capacy of All the Implements tools and utensils when
are be used in the conduct OF the business & 80 o
onanty OF grain or other materials used the nun3or o
gallons Of spirits distilled the % Od % 20 whom and
in warehouse and the number soia anu 20 and col
also TO make trimonhly returns to the assessor ana COZ
lector OF te same Fs in any of the above particulars
renders all the dstiery property haDle 70 an
ridev last bv Bcn Phelps U Assistant Dstrct-At-
torey who claimed forfeiture for violation OF the law
i'm the notice in the book and in the returns ana aSo u
der the 4s;h section of the law which provides that
any articles subject to tax or raw nateflas Ior to
of any such articles. shall be found In inc
possession OF any person intending 10 manulactc oI
dispose Of the same in fraud OF the law or 10 aVoT o
aud materials but all other personal properly wna
eoeyer found upon the premises shall DO fOreleu
The evidence showed that this distlery was punt ~ ~
November last by Springwaer, who made hOninai
man. the claimant. 1t appeared however that spring
water and man by the name of Eickehener had Deen
daily at the place and evinced quite as much interest IN
friedman gave the notice required Ivy law in Decem,
ber which he specified the capacity OF the sun Us 5o
gallons in the "a hours ana declared that there were no
boilers, the steam power was rented In April he gave
"A new notice which specified substantially the same
things as the notice Of December differing, however,
in some trivial details The evidence was undiSputeu
that the still would produce upward Of 1000 gallons IN
tho - hours. and the sezng officers found on he prem
iScs aarge engine with two capacious boilers whch sup
pied the power for the whole machinery Inc clann
attempted to explain this discrepancy 10y testiyhg tna1
tested IL that he did not purchase the engine ana
boilers when he bought the other things OF SprngIat&9r, &
~ Tho
testified that they found at least l4O bushels OF
gram the mash at that tme ION me 26tn 9I Of HPr M ~
April part of which had been distilled and the product
viz ten barrels OF whisky was found in the oonded ware
The claimant alleged that the 53 bushels was all that
fund fuI y he sezing officers partly filled with
swIll which had been pumped back frO the SUN aiter
distllation, because of "A break in the sewer. .,.
some six or seven witnesses examined on the part
OF Government. and about dozen for the claimants
The case was summed up ON I3esdE aISto4i 80, ~ a.
G. BirdSa for the claimants, and Tor te Uh'eq states
by Samuel G.. Courtney, United States DStrct Attorney
who claimed that the evidence warranted forfeiture
under the sections claimed by the Government;
Judge Blatchford charged the jury on "Wednesday
morning i'm rlctmg them that if there was any untrue
statement in the notice to the Assessor thty sl lhu
tons Of the act of March 1867 that there any mis-
statement in the disery books. or the tr'monthy re
turns they find verdict FOR the Government un-
the 3lSt section of the same act ana that they
found that the spirits and raw materials there were IN
the possession Of any intending 10 manufacture or
sell them in fraud Of the law, or to avoid payment OF
Iaxe then they must hnd Tor the GGVcTTn hc to HnJ n
special verdict naming the section, if any, under which
The InTy retired at about il o'clock and after all
Of nearly an hour returned with Verdc OF con-
cmnation under the 24th section for giving false and
fraudulent notice to the Assessor of the kind ana cdacly
of stills and other implements. &c, to be used on tho
premises.
AN IMPORTANT ORDER By JUDGE BIATCHFoRD-A
STAY OF PROCEEDINGS GRANTED on An ORDER OF
ASiAih 'o'i' B.nlrup, srt Branch
An important order was made yesterday ny Judge
Blatchford involving the construction OF the 2ls section
Of The learned judge has set the
ample OF putting liberal construction upon that section
10y granting stay of proceedings order of the state
Court for examination OF Judgment debtor when the
creditor has not proved his claim The following papers
Will explain tle matter iuHy
rgS pr PETITION , ToE % THF on oEPEa. ,sa sou,,., pi,. o
Newlok In Bankruptcy In the matter Of HOaO Reed Bank
To t Hon SAMUEL Bir.eAtord Jadg Of The District Court Of
Uei States TIE southern District q Nsc York The petition Of
YI yDr..rs that vour petitioner on the h day June
I7 duly sled bis petition in bankruptcy in The once o. The CLERK o. s,a
the schedule annexed 10 said gettSn udg
Sy aSd County Of SesYofG BY Waller vc.s Jcyc
Chat an order Vas entered the 2ih day of May 1851
qog your petitioner appear before one Of the 1s Of said GoS
name ard make discovery on oath concerning his pIoPet;
@ .a 5sI 5STI 'sd'1sid 'snd s.d ssmasou 2 .s
SS I ss S s,y pS S Ss % he onsy Of al. To
SAID appointed t for occ.s
and ssap d s ds f I a.y @ % Sal. cssae thereof but
wbsrsfs Your petitioner pray. is order This Court be be
eeHg, Part sa Judgment creditors ssd their
until the pettoneFs
delivered. for further
premises & the Court shall meet HokAfO kKkD
g. NYB, Attorney for petitioner
ORDER OF JUDGE BLATCHFoRD.
the 7th day ~ June duly
bankruptcy the Office OF the CTk Of this Court for
purpose obtaining benefit Of the act Of Congress approved
Msrch 1867, entitled establish uniform Of bank
rnpcy and appearing the sssc
Court that Walter Vose and James Joyce obtained
jBdgmen Supreme NeWlOrk against the said
iofato 1860 for the o' 0J 20
and and that execution upon said Judgment against the
property been DUR issued and returned
WHOLLY Unsse and that tie said Judgment debt proyae under
she said sc and that proceedings pending said udgmrnn
said Court Of order for the examination OF the
ed Reed . Judgment debtor issued the 2th day Of May lst oy
th Hon Josiah Sutherland the justices O the said Court
Now therefore, hereby ordered that all proceedings under The
said order ard all further proceedings the part OF the
plaintiffs the said Judgment the said Judgment be and the same
application the said HoTato Reed stayed TO
this Bankruptcy the question
the said HOraO Reed under the said act until the
discharge Hereunder shall have been determined by this
Court SANUgL BLATCBFORD
THE FIFTH PETITIONER, UNDER THE ACT, IN THIS
DISTRICT.
In Alfred BesEjsley. a Bankrupt
The petitioner states that he has kept restaurant
at No Sc Libertyst during the past three months. lie
has creditors whom he SGG6 0s He says he
has real estate personal property assgnabe under
this act.