The New York herald., 1868-04-29
NEW YORK; CITY.
THE COURTS.
unTEn STATES CIRCUIT cous1-caAIul TRIALS.
Change Of Running nm Illicit DissIllery.

ODd48c Oh hunulnG IN lluclt O1etlAerye
. Before Judge Benedict. rt
The flrst case called on yesterday was the United
States vs. Christian Fecky and others, which stood
adjourned nom the previous day. The de-
PENDANTS were out on bail under an Indictment
in which they were charged with running q stnl
without license and thereby violating the law
and defrauding the government Counsel movedfor
postponement OF the trial until the June term on
plOyed previously when called on to plead, and to-
day was not prepared to take up their defence The
defendants were poor laboring men Of humble sta
concern alleged be Illegal they did not know that
they were incurring the responsibility of . crlmi-
was opposed BY NJ % Bs United s's States Assistant
District Attorney, who contended that the defend
ants could not be ignorant Of their violation OF the
law In the premises. When the place was seized the
still was In fuli blast and running whiskey and the
defendants present working and assisting to work
fused to grant the motion for postponement, and
fixed the trial for to-day. After this decision OF
the defendants and prayed to be released from his
bond, to which Mr.. Bell consented, and Christian
Blecky and another were given in charge to the Mar
shal TO be held In custody.
Molten to Qaash an Indictment-Another IN.
tcrnal Revenue Case.
The United States vs. Solomon FranE ana Others
In this case the defendants were indicted for remov
ing whiskey to place other than bonded ware
house, and thas they did SO on the 18th Of March,
1867. wilfully and unlawfuiy and knowing that they
were thereby acting raudulently and I'D Violation q
the law. Mr. A. R. Dyett, counsel for the defend
ants was heard at considerable length in sustaining
his motion to quash tie Indictment and In very able
argument, diversified by copious quotations from acts
of Congress and legal authorities In the adInintsra
tion Of law In the United States, he c0ntsnded that
the Indictment was had for several reasons Is as
defective and bad in construction; 1t was vague and
indefinite and described no OFFENCE sufficiently ex-
pcit to be understood as applicable to the defendant
and he held 1t impossible TO arrive at the meaning
upon which In hfs opinion the court could en-
tertain the case to be tried on this indict-
nent. Mr.. Bell followed on the part Of the gov
ernment. ana contended that the Indictment was
framed In conformity with the statutes and illustrated
his argument by the daily operation OF the Internal
Revenue law and the constant practice Of Its VIOLA
tiOn WHICH existed as every day eXemplifed in the
courts OF law and before the commissioners and
Metropolitan Police force In the city OF New York.
The judge intimated his intention to deny the
motion, leaving with Mr.. Dyett the power to reserve
his points upon which to found motion in arrest Of
Judgment, to be heard by Judge Nelson and himself
This being Of course in the event Of conviction at
the trial.
Condemnation Of Whislkey.
DEGREES Of condemnation in the following cases
were yesterday taken beore Judge Blatchford:-Ten
barrels spirits, found at 103 Oliver street; three bar
rels same ut SO Cedar street, six barrels at 81
Warren street; ten barrels same at pier No. North
river.