New-York tribune., 1868-05-16
THE HHlSKEY FRAUDS.
THE CALLICoT CASE.

The case OF the Government against Fheo-
philus c. Cacot and others opened IN the United
States Circuit Court Of the Eastern District yesterday at
noon. Justice Nelson presided assisted by Judge BeDe
diet The Government represented by Benjamin F.
Tracy District Attorney OF the Eastern District. NJ "
A. @ Kesseby District Attorney Northern District, "
and T. W stoughton. OF Sew-York. The defendants In
the case are Theophilus C. CalcOt, Alex Cunningham
John 3. Allen Augustus j. Dayton. Louis fancher and
ne1eaIct said That in regard TO tie application Of coa
m m pG to o ba The inrT ne ra then when MI
Reaseby that before the went 1t uas deter
fenGsns SG except sT c cstco and John 3 Allen on
therefore, that Cunningham. Dayton, Hardy, and
Fancher be discharged The motion was granted by the
Court Mr. Keasely then proceeded with his opening ad
dress in Witch after referring the complicated and
novel character fOf the case said that the nul0teht
charged defendants with conspiracy to doraud tho Coy
eminent and that the proof Of conspiracy must be made
by producing number ~ acts which carried out by con-
NOT TO prosecute four OF the defendants because they
inteded TO them witnesses They had been crop
ing about for some time 10 ind the guilty persons. but
within a few days past they had obtained complete
revelation OF the plot The District Attorney then stated
the counts OF te Indictment OF which there were nve,
accusing defendants OF cODspirng 20 remove spirits
and your charging them with carrying out tnat conspr
acy. The case was novel one; II was not trying Ia
mar in every day matters They were trying per.
for crime. for treating laws which were not
familiar. Therefore the Attorney contended that he
would give an cNplanOtlOn Of the situation OF things
which surrounded this crime In June 1868, John Wilson
dittiller had two warehouses IN which 5000 gallons Oh
whisky stored As bound by law he had Ia take all
the whisky from his dstlery ana place tnem IN thcsc
warehouses One OF these contained the whisky IN
tanks With that connection the Government would have
little In the other Wilson had n June 9l2 barrels
OF whisky From June 10 May 70, all these barrels
were stolen except All Of them sold ct 40 cents
per gallon in bond that Is 20 say they with after
paying tax s2iO in all Five barrels only paid tax
400 sold to H. G. Eurgh 500 we're sold aud remained
before the transactions in this came up; all
barrels in the warehouses whom Mr Caicot came
into the office. Consprng TO remove this without impos
ing the taxes is the charge against the defendants Cal
cot took possession Of his Office April a. 1851 He sue
ceeded Mr. Pratt John 3. Allen was the Deputy OF Mr.
Callicot. Augustus Dayton was storekeeper whose
duy II TO take charge OF warehouses. He was In
CunniDRhams storehouse. In two days after Calieot
took possession he removed TO Wilson's storehouse
Robinson removed from Wilson's warehouse. Day
ton remained there until that whisky removed,
and the Government lost $4,000 In tax Alexander
cunningham bought the whisky at 40 cents per
gallon with the intention to It, Louis fancher
employed to do the actual manual labor George j.
Hardy was q bond broker employed TO manufacture
fraudulent bond. John Wilson went TO Scotland May 49,
and died there John Jaggard and Vim. Man were sure
ties the bond These swOre they worth t3,
900 each when 1t only required glance TO convince one
o. their wOrthessness. The ictAttorney continued
at considerable length, wnen X H. Hand William Nc.
Cartney ana John Carroll examined 60 the bond
purpOring be signed by Mr.. Hand, with JaggE-1 end
Main as securities The Court then adjourned until to-
dav