Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-09-14
Ths Conspiracy Trial.

| a
Uaited States District Courtroom, New
York, before Commissioner Guttman.1
The District Attorney called Mr.. Muir
ray to the stand. =, sal y. l',..-
Mr.. John H. White, counsel for Thos.
E. Smith, addressed the Court, and said
that he had right to ask that the com.
plainant, Mr.. Binckley, be placed on the
stand. He had made an er pdrte afida-
Wit, and the defense had right to cross
| examine him. 'l"oi'"
The District Attorney denied this, and
after some argument the Commissioners
denied the demand.
Mr. Patterson, moved that the defend
ant Murray be discharged, which being
so ordered by the Commissioner, the
District Attorney called him as witness
Mr. White moved for the discharge Of
Smith also. This was overruled.
!. Daniel Murray was placed on the stand.
Q-What was your business in 1867
AL decline to answer, under advice of
my counsel.
| Mr.. Patterson said he might answer
that.
Mr.. Murray testified that in 1867 he
was engaged in marble-yard, and also
| had an interest in the Twenty fourth
street distillery; be did not really know
with whom he was engaged in the bust
ness; Mr.. Ed. Tyler was one; Mr.. John
E Ottiwell said he had an interest in it;
Mr. Secor had some machinery there,
and had an interest in it to get paid for
his machinery !; that dstillery ran in
March, part Of February, April, May,
and part of the month of June.
Q.-What was the extent of your inter
est in that distillery ? Al decline to
answer. l3i9i3tiFHf
Mr.. Courtney--On what ground2 A..
By advice Of counsel 6sf
Mr.. Courtney-Thats no reason.
Mr.. Patterson-He declines on the
ground that it might tend to criminate
himself, 4qE sH UoaCI
COMMISSIONS think it is a ques-
tion you should answer, Mr.. Murray,
A.-One sixth; ] cannot tell the value
in money of my interest; l knew Mr..
Smith by sight at that time; / never
spoke to him but once when he came to
ask how much mash we had; man
named Green took charge of the dstil-
lery; different parties received the
money Of the concern; Mr.. Tyler re-
ceived some. 49,. --Tssrsgn @FF
eiQ-Do you know of whisky being dis
TILED there and carried off without pay
ing taxes? A.-That question l won't
answer. GHT or ttAbQt At
Mr.. -Courtney-You won't answer?
Why do you decline to answer it? A.
Under advice of counsel.
Mr.. Patterson explained that it might
tend to criminate the witness.
The Commissioned decided that he
was not bound to answer.
Q-When did your interest in that dis
tillery cease? A.--0ver year ago;
since I left it do not know of any
whisky being run of without the tax
being paid; Mr.. Bacon, the assessor,
visited the dstillery while / was there
/ have seen Mr.. Stserit there; Mr.. Beatty
came down once in while; | never
paid any money to any officer. AZ &C.
@ do you know Of any of your part
ners paying any money! Al do not
Q.-Do you know Of any money hav
ing been paid to Collector Smith by your
distillery2 AL do not. s9p
Q-Do you know from your own
knowledge or from information received
from Ottiwell, or any of your partners,
whether any money was paid to Collector
Smith, Al won't answer that.
Mr.. Patterson instructed the witness
that he was not bound to answer, because
the question might criminate him.
Q.-Do you know of whisky being |
taken from the distillery without the tax
being paid q Al decline to answer on
the same ground.
Q.-How much whisky if any, was re-
moved, from that distillery without the
tax being paid while you were there 2 Il
The witness declined to answer on the
same ground. rooul
Q-Were you informed by your coun-
sci, Ottiwell, that he had paid any money!
Al decline to answer on the same
ground. igs tlaqG
Mr. White said Mr.. Courtney knew
that these questions were improper.
Mr.. Courtney argued that the ques-
tons were proper. Mr.. White replied
and the last question was ruled out.
Odd you ever examine the books
Of your establishment while you were
there 2 A.-The books are now open to
inspection.
Q-Do You know what amount of
money, IL any, was paid by your estab-
lishment TO revenue officers while you
were tbere2 Al do not.
Q-Do you know from the workings
Of the business how much was Paid2 A.
decline TO answer on the same ground
rs before. a8niI i'cl 3 l - I ]
Q.-On the ground that II might Grim
nate your Alt might probably. al
The witness was not cross-examined.
Mr.. Patterson asked that Mr. Murray's
bail be discharged, which was ordered.
The District Attorney called Alexander
iroop. BE did not answer. ...rl
Mr.. Courtney moved for an attachment
,gainet Gropp.
Mr.. White opposed this and examined
Nm. Jarvis, the officer who served the
PAPER, to show that the subrens was not
properly served against Mr.. Gropp.
Mr.. Binckley asked whether any Of (
be counsel for the defendant had spoken
o him on the subject Of the subpoena
The witness replied that they bad not.
An attachment was granted against
iropn al -. a...lr LI.
John d. MeHeury was placed on the
tAnd he testified Substantially as fol
ovs: an about tEeuty-six years old;
an in fancy goods store; 10 1861 J :
vas acquainted With q distillery kooTn
e +. F. Rays disiillsry; it gas reported !
o belou 20 men named Lobe; their .
Iames NeJ Charles and Henry; vas {