The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-05-01
NEW YORK CITY.
THE COURTS.
sw1tp STATES CIRCUIT couaT-caMnal TRIALS


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vMVee STATES CIRCUIT couaT-callrRl TRIALS
Internal Revenue Case.
Before Judge Benedict
Uested states cs. Ed,cdrd CoSgroue.-In this case
the defendant was indicted for carrying the bust
ness Of dister without paying the special tax re-
auired by law. The defendant in July last was the
owner OF grocery store at No. 1o2 Clinton place,
and on the 3Oth Of July last police ofacer named
Oonohue, Of the Fifteenth precinct observed fire
u me premises, and on going there to ascertain the
nct he was informed by the defendant that the fire
wa or no consequence as 1t had been put out
Ses satisfied with this the officer insisted on getting
door with the apparent intention Of admitting him
INTO the basement, and turning suddenly around he
store and shut the door. The oficer then, with
ne assistance OF o fireman, brought by the alarm
IRE forced his way into the cellar and there dis.
null Of mash, half full and the other two empty,
and three men present, stripped and at work There
distinguishing with water from hose. He found
three bags Of grain and other material and apparatus
nBed In distillery. The defendant told the officer
that the concern was used for making vinegar, and
That he 1.-THE defendant) was vinegar manufacturer.
The foregoing is summary of the charge alleged
Mr.. Bell, the United States Assistant District
Attorney, proceeded to prove his case by calling
Witnesses the first OF whom was Michael DOnohue,
the police officer who made the discovery. The wit
ness was cross-exsmined. Nothing material ELECTED.
=. r. yOycelan, an ex-poce officer and who assisted
officer Donohue in the alleged discovery Of the
utstillery and arrest OF the parties, cr0ss-eXam-
endsn ss at na sha s Sa ce S see e s
other Enthusiastically, keeper and Gordon,
deputy collector Of the sixth dstrict-had
been examined the District Attorney said that
he had several other witnesses whom he deemed it
unnecessary to call, their testimony would be only
rested.
Mr.. Birdsal, counsel for Cosgrove, submitted that
ehere was not particle of evidence against the de-
1endant that he had ever carried the business Of
distiller under the meaning Of the act. Two other
parties, McDermott and COnolIy were the parties In
possession OF the basement where it alleged the
distilery was found. The defendant had let the
cellar to those parties for the purpose they stated
Of making vinegar and cider; that he was not at
any time seen in the cellar, and In refusing
me Oficer admittance he was acting as any man
would act who was not the owner or tenant in re-
luSlng to admit any one into concern which not
In his possession. Counsel prayed the court to d.
rect the jury to acquit the defendant. The Judge
fused and Mr.. Blrdsa addressed the Jury for the
fence. He stated that he would prove that the de-
1endant had let the concern to those two at $40
month; that he did not know what they were doing
fhere and he could not be charged with doing the
business OF distiller without license. Witnesses
summed up, ana the Jury al five O'CLOCK returned
yerdics OF guilty against the prisoner with recon-
mendation to the clemcncy Of the court. Mr.. Bird
SAL, prisoners counsel, said he would In day or
SwO move an arrest OF Judgment.
THE CHARGE AGAINST N'DERMOTT.
next morning with the trial OF McDermOtt and
another charged with illicit djstillation, In con
hectOn with the above case
EcDermOtt was brOugh into court and said, in re-
ply to the Judge, that he had counsel engaged to
delend him; he had no means to pay counsel fees,
anu he did not know any niend who would advance
hin the money.
The COURT thought Mr.. Birdsal appe AIRED for
you.
Mr.. Birdsall-I do not. 1 merely appeared with
respect to bail.
counsel before, Mr. Staples, and paid him ffty dol,
lars, buthe does not appear.
The court--You must have counsel, or You may be
convicted. IL you desire TO 20 ami about engag-
ing counsel, one of the officers will 20 with you.
The court then adjourned till to-day.
Important Case-AIIeged Fraudulent Con.
fracts-Charge Of Fraud Against n Peru.
vian-An Iron-Clnd Bargain.
Before Judge BlatchfOrd.
John Graham Us, Gregorto Doqninguez ana An
0sosav k1lnaan.-This case had been at hearing for
nearly three days before Judge Blatchford and in
the course Of the arguments large volume of evil
Aence was submitted to the court. The case was
brought by the plaintiff, who sets forth that he is
flush ng, and that one of the defendants tDomin-
4uez) was introduced to hun by the other defendant
Ne very wealthy man, residing in Peru, and that
Doth, as alleged, frauduently and falsely
represented to the plantin that Dominguez
was worth several millions Of dollars, and that Mill
man desired to purchase from the plaintiff IRON
clad vessel Of large dimensions, and the iron-cad
Dunderberg was mentioned as being such az Millman
would buy. The plaintiff, at the request Of both de-
PENDANTS and relying upon the representations which
Re stated the parties had made to him. entered into
1eG0tati0ns with them for the sale and purchase OF
the Dunderberg, which was afterwards abandoned
1t the instance OF Millman, and who then proposed
% purchase the Onondaga, agreeing to pay the sum
Of ST. 00550 for that vessel I'm sixty days from
The 10th Of January, 1867; that Millman failed
70 fulfil his contract, and then proposed to
enter into another contract for the purchase OF
another ironclad vessel which Graham refused to
entertain and declined to enter into any other
tract with Mman or the other defendant unless
upon security, which they proposed to give; that
Iilman represented himself TO he the owner Of half
million OF dollars in Peruvian and Chilean conioint
issue bearing interest," which they offered to place i'm
the plaintiffs hands as security, whereupon the
plaintiff agreed to sell them the iron-cad Aga
inenticus, for which they proposed in seventy-fve
days To pay ST. 900 in silver In this contract they
also failed, alleged, but deliy cred to him half
million of dollars In Peruvian and Chilean bonds
~ collateral security, and that neither
bonds, which became utterly valueess to him.
in those transactions the plaintiff stated that
he N loser by the alleged frauds and false repre-.
lscertained upon inquiry that Millman Is and at
the time OF the al eyed purchases an irresponsible
eiventurer, without means or character, and that
Domniguez Ia an irresponsible person, Of little
means. It was further alleged by the Dlalntin that
whitman Ia an alien and foreigner, resident Of
Peru, being only temporarily In New York. Upon an
Affidavit OF which the foregoing Is summary,
sworn to before Commissioner Osborn yesterday, q
warrant for the arrest OF Miman was issued, and
upon which Millman was arrested and held to bail.