The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-11
snticlpata WITH confidence some PROMPT ana appro-

anticipate with confidence some PROMPT ana appro-
pirate rebuke or this extraordinary conunc..
JOHN Al. BINCKLEY Solicitor INT. hevenuc
IN the sincular attitude Of the Richmond onicias
might exonerate me from submitting this report
have suspended 1t for several days, without however
MR.. aILNER's SOLEMN PROTEST.
RICHMOND, Nov. 4, 1893.
Hon HUGH MCCULLOUGH, s. t. U. ST.
nrIR SIeNf have Just sent you the following de-
patch:-sSupervisor reports to-day Ill washington
Allow no release OF Smiths oislliery uLtiI you receive
elusive easons for firm and prompt acton.n
+ / now proceed respectfully 10 enter my solemn
Under any circumstances without judicial invest-
Sation OF all the issues OF law and questions OF fact
dsery and this nv protest IS based on
aud sustained by facts and reasons developed in
their fun force on the results known to the defendant
and sustained by the correspondence between the
Commissioner, yourself, General Hobart Mr.. Rich
prds Mr.. La I'd aud mysef-all OF which, presume,
need not repeat here in any detail what has been
Suy expressed IN those letters and papers but your
smcial consideration Of them is respectfully invoked
3r. Laird will OF course, die nv letters TO him. IL
ne mas not done so Will furnish copies when re-
, 1t VIII be recollected what occurred during and
subsequent to the unfortunate visit and er pdre IN
veStlgation OF Mr.. Richards, his department while
these are fully in your possession The date Of bis
visit ID important as you Will presently see; the
visit investigation and report Of General Hobart the
action had thereon, the appointment OF the Super
made.
able to PREMISE but ii It Is adverse to the seizure
protest against 1t and the release Mr.. Richards left
Richmond, think, on the I'd day Of october. Gene.
October. III
The grand and leading fact connected with these
two incidents is that on the st DAY Of october two
Of the ten tubs In Smiths distillery were sealed on
notlncation ned here and In the Commissioners
once IN washington. From the LIST OF september TO
October
The notice Of Smith on fe in the Assessors and
commissioners oiiice was for ninctysix hours.
yneir books show they operated In seventy-two
hours. Now, sevcnty-two 6ours' running requires
only eight tubs, whereas to run ninety-sx hours re-
CURES ten tubs. This basis OF action allowed two
extra tubs at the 'producing capacityn OF ia
bushels each each day. from the LIST Of september to
sumption Of 22s bushels Of grain each day equal to
1,36S bushels o week or 4104 gallons OF whiskey
week over and above the legitimate use OF the eight
tubs.
Here then, ia the fact ascertained. reported and
known in the Assessors and Commissioners office
Ut Washington. What IS the legal, moral and bust
ness deduction from this factS General Hobert ar
rived here on the 7th october On the next day two
tubs which had been In constant use since the LIST
September were notified to be shut on. Did not the
Commissioner, the Collector and the Assessor know
q this diminution OF the number Of tubss II they
DID, was not their knowledge "a guilty knowledge ?"
II q guilty knowledge, were not they aud each Of
them guilty OF completely In the ascertained re-
ported and recognized false, fraudulent and Illicit
running Of the two extra tubs from the LIST OF Sep
tember to the Sth OF October? Were those two TUBS
NOT OeSlgneuly smut OH, SeaeQ ana retlreQ Tor the
purpose OF concealing known and recognized
antecedent fraud? II 3d. were not all parties con-
Ccrned guilty in the eye Of the law OF deliberate
VIOLATION by consent and agreement OF the express
provisions Of the law? Is there any escape9
These facts are vouched by the record. They
speak out from the Official papers on file. They
not be eaced in their full scope OF proof and shall
they be 0bvatcd by verbal explations, sworn state
ments and eC D re atfdavis?
without giving other reasons, sir, respectfully in
motive and concurrent crime in every move made
Dy the parties and they involve the Commissioner,
the Collector and the Assessor.
parties connected with it. The badges Of fraud cns
Ter around every circumstance and disclose guilty
Let the law be enforced. 1t stands f1ll-armed for
ns vindcation and have right to invoke its ad-
Commissioner has used every appliance to destroy
my influence and remove the authorized capacity to
investigate and report on such matters. Though
not an officer OF the government, Ifee, as an Amer
lean Citizen authorized to expose and hold up to
onieial executive and popular condemnation such
lagrant and palpable violation OF official duties.
Very respectfully JOHN Ii. GILMER.
N. B.-This may close our business correspond
ence.
Mr.. GlLMEE TO SECRETARY M'CULLoCH
RICHMOND, Nov. @, 1858.
Hon. HUGH McCULLocH, Secretary OF the Treasury OF
Your telegram has just been received. I really
thought my work for the last two months was as
s'retained COUNSEL We have 80 cOrrcspOnded and
impression. The information obtained by me and
acted on by you ami the Commissioner was brought
out under this view. ! shall not further press the
matter with you. ] again assure You that have
acted as your friend IN this matter.
shall not allow my work 70 fail because OF the
n0n-payment OF fees or the non-rccommendaton OF
the Supervisor or Attorney Ircgret the conclusion OF
THIS affair." but shall preserve my own professional
friend, JOHN II. GlLNER.