The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-19
NEW YORK CITY.
THE COURTS.
UNITED STATES DISTRICT COURT.
The Watson 81 Crary Disfillery Cause.-The
.;ase Adjourned till Monday Next.
Before Judge Biatchford.

The Watson e. Crary Distillery Cause.-The
Ease Adjourned till Mcndny Next.
Before Judge Biatchford.
The United States u.s. The Rectfyiyg Dtstateyv Ill
l7s ana 175 Christopher Sreet.-Yesterday was the
fifth day OF the trial of this case and when the Court
rose 1t was still undecided IL being adjourned TIL
Monday next Only few witnesses were examined
and their testimony was substantially the same as
that already given by other witnesses examined in
the case.
AT the close OF the testimony counsel both sides
briefly addressed the Court and jury
Mr. Courtney, on behalf OF the government asked
the Court to direct verdict to be given for the gov
ernment under the twenty-sixth section.
>, Judge Biatcniord SAID, in reference TO this mo-
ton IL have had this question under consideration
in good many cases. 1t Is perfectly clear there is
nothing to go to the jury under the twenty sixth
section. There must be verdict for the govern
ment; there Is no possible escape The defendants
themselves prove the case clearly beyond all perad
venture. II the jury should throw ont the defend
ants evidence the evidence then under this twenty
sixth section, would remain clear and full 1t is
proved tnat thirty barrels We're received there
the 4th and 9Th Of February 1t is perfectly plain
that they were dumped-some OF Them at all events
the list and the sixtyve barrels received on The 5th
were dumped as they We're received. Now, my view
OF the law is that IL perfectly plain that 1T requires
that an entry shall be made daily from day to day.
IN the common sense in which that word daily Is
used In common parlance, during the day in
no business to receive spirits unless he can
make the proper entry. II he cannot comply
with the regulation he must 60 out OF the business
He must enter the number Of gallons purchased, OF
whom purchased and the degree OF proof. The gov
eminent does not unnecessarily pry into his bust.
1t does not ask him to put down the price.
What has been said by counsel In reference to the
words ''andr and "0r' do not think has any force
In this CASE for under the authority the second
"andn would become "Or.o 1t Is clearly the inten-
ton Of the law that O rectifier should put down
daily what he manufactures AMI what he
receives from others. 1t Is undoubtedly the
Intention OF the law that these entries should be
made to guard against fraud. 1t was the duty OF the
foreman, who had all means at hand when the spir.
its arrived to find out the number OF gallons and the
proof and make the entry. There Is no excuse for
his not dong It, II was for tho very purpose OF not
opening door for frauds OF this kind that this law
enacted. There Is no difficulty In ascertaining the
number OF proof gallons and putting 1t down. IL 1t
should afterwards appear that there was any error
the rectiter could not be held responsible for any
such mistake as that. Therefore iC Is idle to say
that he could not put down the number OF proof
gallons. He ts bound to put 1t down on the spot.
There Is nothing to go to the jury under this section
The defendants have proved the entire case. The
view taken by counsel in regard to the implements
being found in connection with raw material was
dssented from, and the Court said that verdict
for the government must be directed under the
twenty-sxth section. AS to the f0rty-eghth Sec
ton, there was undoubtedly, matter under that for
the jury. The court then adjourned till Monday
morning at eleven O'Clock.