The New York herald., 1868-05-26
BROOKLYN CITY.
UNITED STATES CIRCUIT COURT.
The Brooklyn Whiskey Frauds-The Caliicott-
Allen Case.

The Brooklyn Whiskey Frauds-The Caliicott.
Allen Case.
Before Judges Nelson and Benedict
The United States rs. r. @. Cdlncon and John s.
Allen, er-Oollector ana en- Deputy collector or the
Third collection Dtstrtct-The ninth days proceed
ings in this trial transpred yesterday the court room
being more than usually crowded with eager lis.
teners-the summing up OF the case being submitted
by the counsel on either side.
Granville T. jerks, on the part of the defence, re-
tmony he did not think it required very lengthy ad
dress. Compncated as 1t was it was all comprehend
ed under but few rulings The trial OF this indict
ment required long and careful preparation, yet he
had almost been unprepared and unassisted. Judg-
ment had been already pronounced from the very
start in this case, principally because Of the
unusual interest which had been excited by II. He
went to the jury, notwithstanding this, with the
utmost confidence. Bad and singular as many OF
the circumstances appeared. there was something
about truth which breaks the network of the bad
witness, and which eventually would give that JUS
tice which they mad waited and lab0red for A
powerful government was arrayed on the one hand
and personal liberty on the other IL mattered not
whether MS client was educated and accomplished
or not, or whether the government had an urgent
exgency to meet in the collection of its revenues.
Still, the government had had great advantage.
1t had the power to secure the attendance of wit
had possession OF all the books and papers
in the case. The defendant had been stripped
of everything, and had only the power to
call few witnesses Of whom he knew but little. He
placed very little reliance the maxim that to the
u
able, not q capricous doubt. Here were six men
accused OF conspiracy, and it said here that the
interests or the government required the conviction
of two or them. Four OF these SIX came and ten
dered their testimony and not tried; but these
two having no facts and circumstances to narrate
were on trial to-day The policy OF the criminal
law was cruel and unjust, especially in a case
Of conspiracy. II therefore behooved the jury
to consider right well the nature OF the testimony.
conspiracy was SHOWN by proving this act and that
act the part OF various persons to effect an
lawful end. or all things to meet in this world the
% It could be supported by slight evidence distant
assertions might be brought in to afX crimnality.
1t was said that an unseen friend was behind all
this who when there was bond to be passed saw 1t
passed, and when there was an order to be issued
1t issued Yet the District Attorney did not pro-
nounce the execrable name of McMuliin. When he
procured this bail he knew Callic0tts entire innO
cence. 1t was cheap generosity when McMullin
appeared to embarrass 1t by his friendship. II Mr..
them punlshed; and he could not see how, II they
were, they could have been convicted on a previous
trial and then recommended to mercy. Yet
this was disadvantage under which they
had come to trial. It had been said that
the prosecution had at first CROPPED in the dark
bone and there bone, osseus Information, and
then drawn out the complete animal In all its hideOus
beauty. ILaugher1 II they mad groped in the dark
Did they hold the tapers? 1t was light from the
bottomless pit. These witnesses made the hind and
fore legs, but Edward McMun was the head, the
life and spirit Of the animal The District Attorney
had hold of one side and the Assistant District At
tOrney OF the Other. An animal gathered and put
together In this way was better adapted for museum
than a court. He believed the fendant had entered
upon his Office with the honest intention OF dis
charging his duties faithfully, and that he would
show by the evidence that he had been made
the dupe OF another man-Edward McMullin.
He could not see that CaicOtt had ever agreed to
pay McMullin one "copper" They had been here to try
whether or not 1t was conspred to effect the defraud
ing Of the government. Mere error, rashness or
want Of care did not constitute crime. 1t must be
active. He must either conspire connive, but he
was not to be tried for crime unless under the con-
nivance or conspiracy lay the intent to defraud
The charge divided itself into two parts. First, the
prOcuratiOn Of this fraudulent hand bond, and the
issuing on this of permit upon which two hundred
barrels OF whiskey were removed; and next the
cOnnivance at the removal OF the second lot Of two
hundred and eleven barrels There was no direct
evidence connecting Calicott with this, except
that OF Mr.. Cunningham. There was not q
particle OF evidence to show that his client
had received from anybody one dollar OF money.
There was nothing to show that he had re-
expenses to Washington; no papers conversations
were shown. All rested the Conversations Of this
double-faced villain McMulhn. After CallicOtt had
Others 1t was said had gathered together and said
that had cost $4,000 to the appointment OF
Callicott, and that this money had to be refunded.
The first act traced to Mr.. Caltcott In any way had
occurred on The 1st OF May, when Cunningham took
two permits after he had found this whiskey, and
that these were not signed, except having
initials Of +. McM. Before this Dayton, it
was said, had been transferred from Cunnngham's
TO Wilson's warehouse, and that OaHicott was con-
that they could IL could be shown that at this
time Mr. Callic0tt had knowledge of this affair." II
Callcott and McMulin had been In conspiracy would
Cunningham have been sent with two permits with
out any previous bonds. This was the act of McMul-
lin, who thought he had this influence with Calicot
but Calcott was not privy to this act
The court at the conclusion Of counsel's argument
adjourned till this morning.