The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-09-08
NEW YORK CITY.
UNITED STATES COMMISSIONERS COURT.
The Internal Revenue Observation-Disclosures
disclosures.


UNITED STATES COMMISSIONERS COURT.
The Internal Revenue NEUTRALITY-SUSPICIOUS.
Disclosures.
Before Commissioner Guttnan.
ne United States rs. Commissioner Roufns,
DspMtv Commissioner Harsand, Er-Cotectors Smith,
Au,rav ana Haagarty-The investigation Of the
charges against the defendants in this case was re-
sumed before Commissioner Guttman In the United
States District Court room yesterday morning. The
charges OF conspiracy to defraud the revenue pre-
have aS M nee n
part of the prosecution and MIR. White ana Mr. Pat-
When I'll the case was called for hearing Mr. White
said nasmuch as the proceedings had been hitherto
conducted with much rregularity he now proposed
to have them conducted with regularity, ana mas
much as the complainant was In presence OF the
court he had right to have him put upon the stan,
ask to have Mr.. Buckley, who was the coinpiahant'
The Commissloner-You can call him as witness
Mr. White contended that inasmuch as Mr. Binck-
ley had made an affidavit upon which the charges
are based ne had right TO cross-eXamine him.
Mr. Courtney submitted that such a proceeding
would be contrary to the usual practice
After considerable discussion rs to whether Mr..
Buckley could be crosseXamned the Court de-
cided that the defendant could produce HIN as a
Witness but could not compel the prosecution TO
Mr., Courtney then said he would produce Mr.
Murray, one OF the defendants as witness and would
Mi. Patterson forcibiy objected to SUCH proceed
ing. He commended that once Murray was placed
end. Nevertheless he would not take such dis
charge as Mr.. Courtney proposed His discharge
must be legal and valid.
Mr. Murray was accordingly discharged.
Mr. White submitted that the discharge of Murray
put the case for the prosecution at an end and he
Smith. The complaint was in the nature OF a con-
epiracy. 1t was charged as conspiracy between
20 n n tla vha
The objection was overrued.
Daniel Murray examined by Mr.. Courtney-Q.
What was your business in 1862 A. l decline TO
answer, under advice of my counsel.
The Commissioner-Does the counsel for this wit.
Mr. Pattelson-He may answer that question
was In the marble business. O. Any other bust
ness? A. l don't feel disposed to answer that ques.
Mr.. Patterson-You can answer that
I had an interest in the Twenty-fourth street dis
tllery. q. With whom A. cannot tell who they
were. Q Who were connected with that dlstery :
A. don't feel disposed to answer that question.
The C0mmssiOner-YOu must answer.
A. Mr. Tyler was one. Mr.. Ottiwen had an in
terest in It, O. Was that dlstleiy running in 1857
A. Part Of the time. 1t was running In March
was your interest in that dstilleryS A. decline to
answer thot question: Q; On what ground do you
sixth. O. What was the value Of your interest
m0nthf A. cannot tell. q. Did you know Thomas
Smith Collector C orr A. knew him BY seeing him
to the quantity of mash in the distillery. Q. VINO
euperintended the distery? A. A man named Green.
q. Who received the money! A. Mr.. Tyler re-
ceived the money: O. Do. You know Of any parties
running that dstillery without paying taxes9 OBJ
jected to- O. DO you know of your own knowledge
or from those concerned in running the distllery OF
whskey distilled there being carried OF without the
take taxes provided by law being paid A. That ques-
ton won't answer unless am compelled
The COMMISSIONER don't think he Is bound to
answer
A. cannot tell the exact time. q. About what time
oid 1t ceasef A. About year ago. q. DO you know
you ers Without the taxes provided VIDE BY law bens
paidf A. No, sir. Q. VINO were the officers who
generally visited that dls:lllery9 a. cannot tell
who they were; Mr.. Baker. the assessor, came. O.
What Deputy Collectors of the Eighth district came
theres, A; cannot tell; saw Mr.. Sterrit there,
q Did you ever pay any money to any oicer of that
districtS A. Never, Sir. Q. Do you know OF any OF
sr Partners p paying any money to oeers to allow
taxess A. don't know. Q. Did you pay or know
Of any money being paid to Collector smthf
Mr.. PattersOn-l instruct the witness not to
answer on the ground that t may tend to criminate
himself. He may answer If he choose.
Examination continued-Q. Do you know whether
your partner. Ottiwel, paid any money!
Mr.. White objected on the ground that the party
: referred to was not present.
The Court declined to compel the witness to an
Mr.. Courtney-Did you know, while you were in
that distllery, OF whiskey being manufactured and
taken from that distilery without paying taxes
A. decline to answer, on the ground that 1t might
sS derg wa wout the a8es
vided by law being paid' A. decline to answer, on
the ground that it might tend to criminate ne: o.,
well ever paid any money to Mr.. SWs1Y
Mr.. Patterson again objected sn the ground tnat
ConsderaSIe discussion ?, to the legality OF the
question ensued. The Cont ruled IL out
% aS vaT A. Ths
were always there and any person could see them:
DO you wsa ceps ri fs s
were theres A. No.
The 'Sy1urt granted the application.
ALEXANDER Gopp was then called as witness, but
' Sep1ty Marshal Jarvis was produced to prove the
service Of the subpoena He stated that he served 1t
ne n aSd Se urn WAS mot S IT.
Gr. Courtney moved for an attachment against
s D: Mcilenry was next called as = witness and
In since left the internal revenues visited LoeD's
dtstiery In 1867 several times; most OF the time
.s Ss n s aspc wss Of ISS sS S
about forty-ive hundred gallons every twentyfour
hours the dstillery is situated at street
and Tenth avenues on the sth or 9Th January was in
that dstillery made report; the amount OF whiskey
reported by the distlllery was seven hundred gal
Ions; remember thirty.four barrels OF whiskey
being landed from lighter on pier No. Il they were
branded as being In bond and as coming from the
on the barrels and read i as II the wnskes
had been manufactured in Ohio aud consigned to the
Thirty-second district Of New York; when saw
Whissey was m bond and M transporta.
sion: they were branded with a diamond
b: those barrels were taken to the Thirty
second dlstrct they were conveyed to Four
seenfh street, TO the place OF s. N. Pike. situate
between Tenth and Eleventh avenues; on going
down West street lost sight OF the barrels for mo.
ment or two; followed them to Fourteenth street,
but by the time they there they were branded
sstax pad;r those barrels correspondent with those
had seen at the wharf, although at the pier they
had not that brand.
Mr.. Courtney--f ask you now, SIR did you follow
those barrels from pier No las
wftness-l said before that did,. Q. Do You re-.
member the date A. II was IN tho beginning OF
January or later part OF December; saw Mr.. Iiar-
land one or two Gays afterwards O. Where did you
Gee himY A. In Cedar street, In his Office there O.
what room did Mr.. Harland generally oceupyf A.
Well, he occupied the ofilce used by the Board; the
other ONCE was separated by glass door; that was