The New York herald., 1868-05-17
BROOKLYN CITY.
UNITED STATES CIRCUIT C0uaT.
The Alleged Wbiskey Fraud Case Of Cal.
IicOtt and Allen.
Before Judges Nelson and Benedict.

Before Judges Nelson and Benedict.
At yesterday the trial OF exCollector Calicott
and John ). Allen was resumed in the United States
Circuit Court. The court was crowded and consi-
derable interest appeared to be manifested in the
proceedings.
EXAMINATION OF WITNESSES FOR THE PROSECUTION.
Alexander Barr was the first witness called.
He testified that he was policeman attached to
Justice Buckley's Court; he occupied that posi-
ton for the last seven years knew Mr.. Moyan;
was acquainted with him about two years, and
saw HIM almost daily before his death; saw him IN
the vicinity OF the City Hall he followed the business
OF cOnfectOner; he spent considerable portion OF
his time in Kirby ShrIey's liquor saloon; he was
man OF common appearance, his boots being down at
the heel; knew John Foggart and had been ac-
quainted with him about two years; he was for some
time constable, and subsequently occupied the po
Q. State whether he was well known In the vicinity
Of the Citv Hall and Collectors oiicef
Mr.. Jenks-I object, on the ground that the ques-
ton is not ppcabe in this case 1t cannot be ex-
pected that Mr.. CacOtt was acquainted with every
the Hail He might not be acquainted with the stable
Examination resumed Never knew him to be col
lector OF militia fines; he was q constable In the
Twentieth ward up to January, 1857.
CrOss-examined-Did not remember when he was
absent from the City Hall; believed he was South
some time; thought he returned during the summer
Of 1865.
John Jaggard testified that he had resided in Brook
lyn for the past sixteen years; was collector of
militia fines for the Thirteenth and Twentieth regi-
ments; held the position OF constable for about two
years. Wtness was shown the X. II. Hand bOnd.)
He testified that he signed II In George Hardy's Oice;
refused at first to sign because the names on the
bond were wrong; was assured that II was only
matter of fOrm and he then signed IT. when going TO
Mr.. Cacott's office Mr.. Allen asked him If that
his signature and he replied that IL was; never
asked about any property; was not summoned and
saw no Bible; after going out Of the Office he found
s. In his pocket.
Jonn Fletcher examined-Ie stated that he was
superintendent Of John Wilson'S distiery, between
Flushing avenue and Skillman street; that distlery
ceased working In January, 1867; had about 50, 900
gallons Of spirits hand AT that time, In two ware
houses, one at the foot OF Skilman street and the
other on Flushing avenue.
Mr.. Williams submitted that there was alega-
ton In the Indictment setting forth that those prem
ises were bonded warehouses
Examination restmed-Ih0se warehouses were
called class warehouses; on the 27th April, 1861
there were All barrels remaining OF the 9l7 In the
warehouse between Skillman street and Flushing
avenue; 665 barrels were afterwards drawn from the
tanks the 27th OF April quantity OF the All bar
rels was sold TO Mr.. Cunningham; the negotiations
for the sale Of that liquor commenced May the
lowest price was forty cents gallon In bond; he said
he would take 200 barrels; never considered it was
sold until the money was received; Mr. Rue came tp
inspect the spirits; Rue was general Inspector In
the Third district
q. Look ut those two forms and state whether that
was the nspectonY A. Yes, suppose 1t Is; the date
OF Inspection was Mays.
q. After Mr. Rue's inspection what dill you hear or
know OF these spirits9 A. The whiskey was removed
the 10th and 18th; received the money ON the loh
II was removed by Mr.. Fanchard In carts employed
by Ctinnnunain, the carts came some lime IN
the forenoon, before twelve o'clock witness at first
refused to let the wnskey go, because Fanchard had
only part OF the money; subsequently the whiskey
did not know the carmen one OF them was
cal ed "Cris;" there were in all five or six
the same carts came next morning and were
s,Iperintended by air. Fan hard could not tell
how many barrels were removed on the LIST; after
tine removal Of the two hundred ne sod cunningham
two hundred and eieven more; the wnlskey was sold
by Cunningham at forty cents gallon In bond, and
Il was paid Tor before IL was taken away; Cunning
ham ayrecd 10 take IL four or five days before the
time actually fixed for the removal; Backus In
spected the two hundred and e.evcn barre.s on the
oath OF May; he came IN the mormne ABOUT nine
O'Clock and inspected; he was assisted by A. j.
Phillips the latter employed by witness; while
the inspection was going on Cunningham came to
the pace In wagon, waited TIL the inspection re-
turn was made out aud took 1t away with him; he
came back with order for the removal Of the
whiskey. whicn was subsequently removed.
state that subsequent 10 the facts alruay detailed
Cunningham made q proposition TO him TO Ego
of the whiskey, and Of 'rushing'' some 1000 gal
Ions through the Collector, I'm which witness de-
cllned to take any part. cunningham sad he was
place OF Robinson; he mentioned Mr. Dayton's narnc
he said Robinson was to be removed, aud there was
TO DC o % wns 9e
Wilson'S distilery on tho I'D OF April, which he
gndslood was seized; the reason assigned
In order 10 have these 200 barrels seized; Robinson
was removed on the 1st Of May and Dayton took his
OF May and till the Ill barrels OF spirits were re-
moved.
Counsel offered In evidence Dayton's appointment
by Calicott and hs transfer from Wilson'S
to that Of Alexander Cunningham. One Of the
bonded warehouses with the tanks was seized by
Mr.. Stagg, who was subsequently appointed store
keeper ON Ahe afternoon Of May 25. Witness heard
Of the seizure from Cunningham, who said that II
all right, and that an order would he obtained No
day to have the wbiskey sent to store down town;
stopped az Mr. Cunningnam's house In rcgard 70 the
seizures told hun the place had been broken into and
that the sasies In the windows had been broken;
Cunningham laughed at II as II II was u good JOKE;
said II would be all right went to Mr.. Calllcotts
Office on Monday and asked him wha, charges tnere
were against the warehouse; he said he did nos
know; IL had been seized by Mr. Staeg by oruer , VI
the revenue agent Holland, Of New York. an % oIuer
had been issued doing away with class "a, ware
houses; under this order Mr. Calicott had causea ne
whskey to be removed TO Henry Osborn E
the wniskey Ia the tanks was TO remain . a. vas,
lwitness was shown duplicate OF ms s.a.emene ~ ol
the sa.es OF whiskey during the ye" rn,s he tocv
which was the report OF the Inspector. ms nc LOON
10 the collector ONCE and he thought II was given