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

~, ) umTED STATES INSTINCT couar.
Pc Cnllcstt Whiskey Fraud Case.
Ralore mdQea Nelson and Ranaaiat

me .Ussited states Us. r. C. Cdllicoti ana j. s.
Aaen-The trial Of the defendants in the case
charged with defrauding the government of the
internal revenue tax due upon large amount
Of distilled spirits to the amount OF $4,000 was re-
sumed yesterday morning
The defendant CallicOtt one OF whose bail bonds
surrendered him on Saturday last and who was at
the rising OF the court that day remanded to the
tody OF the Marshall entered into fresh recOgnizances
ana Will he therefore at large during the remainder
Of the trial.
~, EXAMINATION OF WITNESSES RESUMED
Joseph Fletcher was recalled and the cross ex-
animation resumed.
@ Have You brought with you the powers of at
tOrney and the b0Oksi A. Yes, sir. r.'
witness was shown paper pnrporting 10 DE the
permit presented by A. j. Dayton for the delivery OF
Two hundred barrels OF whskey from the warehouse
OF Wilson's distillery, and on being asked II ne was
sure that was the paper shown him by Mr. Dayton,
replied that he thought it was. another paper, pur-
porting 10 be the permit Tor the removal OF the
second lot, with Mr.. Cacotps signature attached,
handed by Mr.. Cunningham to Mr.. Dayton, was eX-
Mbited, when witness gave the same response) Did
not remember how many carts were IN waiting on
that Gay at the warehouse; knew one or the cartnen
named Cr.ste; after Fanchar had got there with
the carts he had only portion OF the money, and
nc (yitness) would not let MIN have the wskey; he
then went away and in an hour returned with
the balance OF the moneys; the carts remained
snere al sa e ne o paydh h as morning
house; this was before they commenced To load the
whskcy; when Fanchar came back with the balance
him u receipt for the money.
q. Did ANYTHING else transpire that morning beyond
what you have stated2 A. Nothing particular; 1t
the morning of he 18th the same cartmen and
same carts came for the remainder Of the whskey;
saw Day ton that morning, the morning Of the 18th;
don't remember the hour; the cartmen came Tor the
balance OF the whskey on the 18th; paid no particu
lar attention beyond seeing that they did not take
more th9n the 200 barrels of whiskey.
q. When did they begin to take the second lot of
whskeya A. The morning OF the oath Dayton was
there, Backns and the other man, Phillips the same
men mentioned before; some Of the carts came as
early as seven O'Clock in the morning.
q. Who came there first that mOrn,ngp A. Day
ton was there first then the carts came the whiskey
was then inspected and branded; Backus came
alone; Cunningham was also there that morning;
Cunningham came a little after the carts; saw HIM
and Dayton together; they had some conversation
about the permits the taking away of the whiskey
&C.; the first operation was 10 inspect the whskey;
that was Backus and Phillips; the latter he thought,
inspected the whiskey Backus gave the numbers and
Dayton branded the barrels; soon as the inspect
or's returns were made out Cunningham lett.
9. Where was CUNNINGHAM when the permits were
handed to him? A. In tile stCrehouse; Fancbar
O'Clock.
Q. Had you any difficulty about the payment on
the morning OF the 25thy A. Yes; Cunningham had
not all the money; wrote to Cunningham on the sub
and he would not get the balance OF the money;
note by man named Gibbons; the latter got back
to the distllery before Fanchar returned.
O. Why were you afraid the whskey would be seized?
A. Because thought it going TO be run OF and
that me government would he derauded OF the tax;
some time before his appointment; saw him prior TO
the morning OF the 25th; cannot say where had ire
quent business with him in the onice never saw Ed
wards in connection with the sale of the 500 barrels
permits; sold the 200 barrels to Enrighr permit;
sss me- SS daTs ss an; s
permit FOR 800 barrels was signed by Mr.. Pratt;
Oo s 500 "a sw S
Edwards first 100 barrels and then 200 barrels there
may have been two permits
@. Did you pay any tax on the 1900 barrels which
you had IN store when you stopped working on the
!st Of january A. Certainly not; am certain saw
tain saw permit for Enrights whiskey; after the
whiskey was taken away on the morning OF the 25th
! came to see Cunningham; that was between twelve
and one O'Clock; had an appointment to meet him at
Paul Mead's Qiquor store) for the balance OF the
ts sSt about the Of
ing; saw Cunningham coming up Court street
when l saw HIM afterwards that day; that was
between three and four O'Clock; was standing at the
time at the corner of Montague and Court streets;
Cunningham on passing me said ~ will see you
again when get this whiskey matter settled" saw
HIM go towards the collectors office; him after
wards with the District Attorney, Allen; the whiskey
was then released by Mr.. Allen, and Dayton then
went on with the whiskey saw no more OF the whis-
key that day.
Counsel was pressing this course OF examination
when Judge Nelson nterpOsed and said there should
be some limit put to the examination.
q. Had you conversation with Cunningham, In
which you said:-'Cunningham, 1t Is reported that
said would send you to the State Prison' to which
you replied:-"If did that should be sent there
Q. Nor in substancep A. No, sir.
VI u
reference to your feony-your return OF the sale Of
this whskeyf A. Yes.
whiskeyf A. No. sir; on the contrary, told him to
send in his RETURN did not say to Wilson:-"My God,
why did you file your return saw CacStt on me ne
June in the office; Oh both occasions had conversa-
tons with him; saw him subsequently at General
to remove Robinson from the charge OF the
store; did not make return OF the sale to
Cunningham at the collectors Office till the
18th OF June; the distiery was seized by officer
Stagg the 25th, and the whiskey removed to
Lowber. Parr & Co.'s warehouse, in the Second dis
trct by order Of the United States MARSHAL; after
all the whiskey was taken out made up my return
and took t to the office myself; the law calls for
Fey IN bond.
q. To whom?
objection taken and sustained.
Counsel argued in support OF the admissibity Of
the question.
bonds Is no crimeY
COunsel-N0, sir.
Judge Nels0n-Do you think taking ncttl0us DondS
In this case was merely an errorY
COunsel-fes, SIR
Judge Nelson-And do you think that men OF sense
will regard il as error or a crlme2
Counsel-I think this Your Honor; think that in
regard to these dstillery bonds that In the first place
they OF no importance whatever In legal point
OF view and that they might have been deposited
with Callicou without connecting him, and there
fore l do not see how that can be regarded as
Judge Neson-That is another question. We will
not take up the question Of other bonded ware
concerning the Office OF the defendant, Callicott.
These bonds, as you admit are connected with the
duties Of this Office, and for that reason we admit
them evidence; but cannot go into the Offices
OF other bonded warehouses which concern other
ofilces. tits time till parties are arragned to go into
that inquiry
the sale book OF Mr.. Wilson put In, handed to wit.
ncss..Thc handwriting to these entries Is mine;
the entries were made at different times.
Power Of attorney marked q put in.
Counsel addressing the court, said that II was the
purpose OF the defence to show that the witness in
the transactions connected with these bonds and en-
tries had lett himself liable to q civil action at the
hands OF Wilson's suretes; that therefore he was an
interested and biased witness. This fact he submit
ted 1t was proper for him to show 10 the jury.
The court ruled that what counsel desired TO show
had nothing to do with the case trial. IL related
TO different transaction.
Counsel--Does your honor say that testimony on
tins point Is not competent
Iu,iop Nclsou-IJ ~ not compefent.