The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-05-19

for IT, sold OF know Of being sold about i75 barrels
70 Webster 3 Holland 12e Beekman street. n. Y, at
Keeps an acoSoi factory in Conover street, at the
same price; from Brown a Co.'s establishment there
stable where most all Of it was placed in the carriage
%snt; , this was on no,I Monday, the a0tn Of
some that day and some the next, to the
place where they were sold; they were branded
when they came TO the stable; the object for the
mOval was that they were afraid OF fire; am ac-
quanted with the tugboatS and lighters in the har-
bor know the John Birkbeck; don't know OF its ever
having been employed to remove any OF this WINS
key; had my directions from Cunningham as to
where the whiskey was to be removed; had some
thing TO do with the removal Of the two hundred
sXtythrec barrels from Oswaid's warehouse in May,
about two weeks before the removal from Wilson'S;
what took or that lot went to Nos o and IL Little
street; was hired by man OF the name Of Silver
man 20 attend TO this removal.
District Attorney said they would show that this
lot was issued on similar fraudulent bond.
Wltness--l20 barrels Of this lot went to Swords h
90. aud the balance to South Brooklyn; Cunning
ham gave the directions; saw at Oswald's warehouse
Cunningham, Tappan and O couple OF laborers;
might have seen John L. Allen, defendant, there; am
not positive; did not know WHO was the conducting
0cer in the removal OF the 363 barrels; the first 200
barrels from WILSON'S We're removed under con-
Quoting officer.
key at a distilery in Commerce street before
was employed by Cunningham; there was nobody
present at Wilson'S the morning j removed the
200 barrels but Dayton and Fletcher; ] didn't
see any permit there; couldn't say whether |
saw Backus there on the morning of the oath; on
tfe 25tn there was no gauging or branding OF
spirits; was not there when the last OF it was
removed; l paid for the eleven barrels ana Dayton
paid me- don't recol,ect Flecher's saying ''Take it
away, I'll risk iti never saw an order for removing
The second lot; saw Fletcher on the 25th Mt Paul
Mead's and at suydams after coming from New
YORK; | said, ~ suppose you know that whiskey Is
se2ed?' and he said, 'Yes;n Dayton was Suy DAMS
while was there: saw Dayton climb up on the Cart
and look at the marks on barrels at the time OF the
release OF the spirits that had been seized; was one
of The parties indicted on the charges against the
6rst approached on ' the subject OF going as a
witness for the prosecution; the District Attorney
SAID TO me short time after was indicted, come
up stairs and may tell you something's good
II was some time in the winter thai they agreed
to accept me rs witness for the prosecution; have
never met the District Attorney IN company with
Mr. Cunningham
O. What conversation took place between you and
the District Attorney, and what inducements did he
offer your A. He said Mr.. Fanchar can send you
10 the State Prison II see ft 10 do So but VIII not
say what will do; after the interview he said he
would see whether he would put me on the stand
or not as witness for the prosecution.
TESTIMONY OF ASSISTANT DISTRICT ATTORNEY ALLEN.
John j. Allen, Assistant District Attorney, was then
sworn and testified that he had been Assistant Dis
trict Attorney for two years. in the Office when
Mr. tracy came INTO once; remember tue occa-
sion OF the seizure Of twentyOne barrels OF whiskey
Mr. Cunningham called about four O'Clock on the af-
enoon Of May 25 in reference to the release of those
spirits; the seizure was made by Inspector Hene
BRIGHT that day; Mr.. Cunningham showed me when
he came in certificate OF inspection Of Barker's for
200 barrels of spirits at Wilson'S warehouses showed
the barrels to be marked .W c. Robinson Inspectorn
Cunningham said he was acting for a friend and was
interested in the SPIRITS he asked me TO go 10 Mr. Gail
hcotts with him, and said thought it was too late
to lind the collector there's he SAID he would find
him there, however; met Inspector Cocheu when he
informed me that the brands on tie spirits were not
formal not having the proper transportation brand
which was the cause OF their seizure; found Mr.. CALI
colt in the back office with MIR. Cunningham; Mr.. Cali
colt said that he was Informed that some spirits had
been seized by your inspectors; that day and that he
had given an order to remove two hundred barrels
from class "A" warehouse to class "B,n and had
sumed, however, that ne had gone at that
hour, it It, being SO late, and that he had
ders received, and had, therefore, given the
order, aud that he had no. doubt but
lector then when Mr. Callicott said he had given
permits for the removal OF those barrels and every
came away with me; outside we met Mr.. Dayton, to
whom Mr.. Cunningham introduced me; Mr.. Dayton
showed me an order for the removal OF 200 barrels OF
spirits from Wilson's warehouse; the verbal descrip-
tiOn given by Mr.. Dayton correspondent with those
sent away in the morning; asked him to come over
carts cart which he did and Said NTH they were
the same as sent by him in the morn
ing; told sMr. Cunningham that he might take
them, that they still under SEIZURE and that We
would consider him responsible for them he sad he
would be so, and took charge OF the spirits;
corresponding with those on the barrels; noticed
Mr. Cacott's signature; the District Attorney called
and %ade this that evening in
me; on the 2sth called at Mr.. Callicotts oice and
inquired to see the permits; he told me the officer
wasn't in, but he would get them and retain them
for me; went again on the 2sih, when
said u" he would ippI retain '1 the paper asked
for any permits relating to the removal for
e and ne no me na ed tna Sy r. III
dated the It'll May 1867, permit given May a. A: J.
Dayton being superintendent Of the transportation
spector hue, May 3, at Wilson's warehouse; don't
recollect seeing any application by Hand asking for
o. the he
tell me to what warehouse "B" these spirits had
been removed he said that he could not, but 1t was
either Osborn's or Cunningham's; l saw Cum
bingham In the back office and asked him
to call him out to ask him about 1t,
but he said Mr.. Cunningham was very busy and he
did not like to; went to the once again and asked
for an order TO go through the warehouses in his
district; Mr.. Cailicott gave the order, which was
handed to Mr.. COcheu, and we came away District
Attorney here offered the order In testimony. upon
the margin OF which was marked revoked" the
the cause Of the revocation OF the order the 3st
OF May, and he said he had not seen MIR. Dayton
about tas mat.e ts sa s was about another
Cocheu visiting the warehouses;; he replied
that he had revoked the order, and that he would
see Mr.. Tracy about the matter; there
was nothing personal in the natter that he would 20
through them this afternoon said he ais there 81 any
any haste about itY" he said he would send u
deputy inspector; he understood that the ware.
said, "Mr Tracy desired me to ask for
the permit mysef;' he replied that he would prefer
to see Mr.. Tracy reported the result OF that con-
versation to Mr.. Tracy: no further effort was made
to get Mr. Callicott consent to visit the warehouse
after the lst Mr.. Tracy left for Washington on the
3Oth OF June; the seizure Of Brown Co.'s rectify-
ing establishment was made on the Goth OF Nav:
seventy nine barrels seized there
barrels were marked rectied and two were found in
Williams livery stable; this whiskey was condemned
and sold, no claimants appearing for It; the value
was about 81, 900.
Cross-examined by Mr. Jenks-Had no idea at that
time that there anything unfair in Mr.. Calcotts
Office; did not watch his statements with any sus-
picon; there was nothing to excite my Suspicion on
the evening Of the conversation with Mr.. Tracy:
made the memorandum at my house between ten
and eleven O'Clock on the same night I conversed
with Mr.. Tracy; cannot swear positively as to the
number or barrels on the order: can swear 20 W. c.
Robbins name being on the order; did not read
the paper through; | went TO the Collector IS
ofiicc at the request OF Mr.. Cunningham: I
stopped to speak to Mr. Ccoheu minute and Mr..