The New York herald., 1868-01-29
BROOKLYN CITY.
UNITED STATES CIRCUIT COURT.

UNITED STATES CIRCUIT COURT.
The Whisisey Framds-OpeninK Of the Triai
OF John Dcylin-Importnntl Internal Revenue
Case.
Before Judge Benedict.
shortly after twelve O'Clock yesterday the Jurors
empanelled to try tho Of John Devn took
their saata The court crowded usual with
witnesses and others interested in the progress OF
this case, which has for long time
been pending There no difficulty OK
perienced in procuring the first half Of the
panel few having elthor formed or expressed an
opncn as to the merits OF The case But here the ouc
tho right OF the counsel for the defence to
peremporily challenge ifor rise to considerable
argument and several authorities wore adduced 10y tho
counsel Tor the government denyiny the right of the
defence TO exercise that privilege in cases where parties
tired for msdemeanor, as In the present instance
There no federal statute giving the right OF chalonge
such as the present.
The Court upon the conclusion OF tho argument, said
that She law quite clear in his mind upon this point
and denied tue right OF The pcremptory challenge.
The decision OF the Court having been accepted tho
accused, John Devlin being then arragned pleaded
guilty 20 the charge, and tho District Attorney pro-
ceeded TO open tho He stated that John Devlin
was charged with the commission OF thre offences
under the Revenue law. Tho present indictment
not however. the under which IL originally In
tended TO try ME Devn, but The absence OF certain
Witnesses. for reason which no could not STATE
then necessitated the change OF form OF indictment
The first count in this indictment aInst tho de-
tendan charges him with having carried on whole.
sale liquor business in the city OF Brooklyn with
out payment OF tho special tax required by law.
second count Devin charged with selling
kquor without license; and In the third he is
accused OF having failed to keep the books required
BY law, showing statement Of all business transac-
tons in the purchase and sale OF spirits Tney would
show that Deyln had established place OF business
nor any public notification apparent OF the busl.
uess which he carrying on: yet he doing q
business in the street Of Brooklyn II would transplre
that he had q fur pertinent than the
desire 70 avoid the payment OF tho tax as
tia that he might c0nsummate tho successfully
the great fraud with which he Is charged The
government had been defrauded, as would trans.
pnnn NM
dr Devlin while in the business upon which tho tax
would amount to 5000 600 II would appear trial
having public place where everybody could 60. and
thus evaded the officers OF the law. But In stables and
10 back yards he carried his trade. lie mad been
the habit OF purchasing spirits which had avoided the
tax imposed by the laws OF Congress, running the
spirits plumbers shop, where they were branded
and sent of sold or the three hundred thousand
gallons spirits thus sod upon which the government
should realized tax Of 5000 600, not three thou.
sand gallons had had the tax paid on II. Mr. Tracey
continued to instruct the Jury 10 tho nature of
laws charged TO have been violated in the and
the subject for theT deliberation
At the conclusion OF his remarks Mr. Tracey called up
the rrst Witness Richard G. Eagan who upon examina
ton testneI that no CLERK In the Third District
by him witness unable TO state whether the name
or John Dsvlin appeared on the list 10 1885,
Seth Ely testified that he was recthcr Of spirits
had bought In ALL between the months OF July aud No
vember from John Devn, $50 casks OF spirits these
purchases made in No 140 Front street. New York
never knew Mr. Devin to have any place Of business
witness stated he could not swear LIE bought spirits
OF Devn could say Devlin told him the plumbers shop
was his place Of business; thinks great majority or
these goods bought OF Mr. Levan supposed Levan
was DcvIin's broker or salesman.
George I. Pufer testified that he resided in Brooklyn;
was formerly business rccincr undcr the firm o.
Roach 4 Prdcr; know Dcvlin; purchased distilled
spirits from him from July 10 October 1865. ali about
ass barrels bought them at his (witnoss Office In Fur.
man street, Brooklyn Third Collection district; bought
Of Dsvn himself and the spirits delivered n the
Office understood that these spirits were from Forrets
rectfying establishment Williamsburg; Ia all cases
but ono payments were made to Devn; tho 9th.
mado to Levan had no conversation IN regard
to the ownership thinking he Q broker l declined
at first buy Of him, but being referred TO other
parties bought did not ask how no could sell whiskey
Joseph H. Cunningham was then called to the stand
and testified that he was manufacturer Of alcohol aud
had recttynF establishments IN Williamsburg; know
John Dsvlin; purchased spirits Of him indvidu.
ally drawn checks 10 his order TO pay for spirits
bought have bought So 600 worth purchases were be-
tween August and the middle OF November: the
tract for 900 made with Lsvan just before Dow
Inns arrest tho contract TO deliver a place
thousand barrels OF distilled spirits tho spirits
was delivered: the contracts Ia every made
with Devn; met Deviin and Levan together In the
street, whom Deviin confirmed the contract for 600;
the checks paid for 20 Devns order by order OF
Levan knew whether Devlin was concerned with
these spirits owner or broker
william Richardson, book keeper for Farrell n Sons,
testified THAI firms having purchased dstled spirits
from John Devn betweon July aud November.
Frederick Cochue, revenue inspector testified 10 his
having seized, by virtue Of warrant, November IL
1885, the plumbing establi shmsnt occupied BY Francis
Devn beivcen Sands and Prospect s,roets; there
nothing IN the placs to indicate tho trade carried
shere 10 be that Of pumbcrs excepting pieces Of
old pipe and Ave or six old stoves he had eighty
barrels the back yard had been watching this cssab
shment for some tmc previous; called there IN Octo-
her upon which occasion Mr. Devn drew down
check book and said, ''Let draw you check
for $780,, SAID, "For what ~ he replied, I'VE have
. nice little ring here and don't want il broken up;''
said 'I don't want any check when he said, fet ms
give you S. 600 = mcntn;h replied, "For whait" and
ne sad 20 10 around aud make the dsti,lers sell TO
nirn " nos TO have them seized.
A, this point Mr.. Brady, counsel for the defence,
arose objected TO this latter portion o the test
mony irrelevant and not bearing the charges under
which their client Is 20 be prosecuted
Nr. soughton, counsel for the government, argued
that the testimony material essential showing
the secret in which the business carried
This court here adjourned tiil uoon to-day.