Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-01-16

WALLS OPERA HoCsE--The Wallach- Dav-
export Com bination in taat excellent comedy,
e How She Loves Him"
hErzyRorr HALI.-Mi~s Jennie Busk will
give her last concert in this city this evening,
assisted, on the previous occasion, by Her
AIMS, the basso, and Sig Poznanski, viOlinist.
~
The Georgetown Distillery Case-Charse of
Violating the Internal Revenue Laws.
Timothy J. Hurley, a distiller, doing bust
nc.s above GEORGETOWN AT the Potomac distil-
berry, came before Commissioner +. r. Brown
yesterday afternoon, having been arrested
Dpon a warrant sworn out by Lewis Clephane,
Collector OF Internal Revenue, before United
States Commissioner r.. L. Brown, charging
the Dc tsndant with violating the revenue laws,
~ failing 20 make returns of materials used for
osshliing spirits, and failing TO make entry
sordIng 10 law, from the 2lst of December, 1867,
10 December 3lsi, and on the 2Uth of December,
1867, rendering 10 Thos. IL. Marehe, Assistant
Assessor. false and fraudulent account of ma
sr,als used by him in distilling spirits from the
18th 10 the 2Uth of December, 1857, and on the
24sh Of December. 1861, with removing and aid
ing an removing, five barrels OF distilled spirits,
and thirty three barrels on the 10th of Decem-
Ter, from the Mason Foundry, in the District
of Columbia, contrary 10 law. Mr.. ). :.
Phillips appeared "a counsel for defendant, and
Mr.. Wilson, Assistant District Attorney, TO
prosecute the case in behalf of the Government.
NJ. JoAa b. key was sworn, and testified that
be Wa cartman; Resides in Washing ton;
knew the accused since last summer; accused
DYeu Wllnpce on CnEl>IIn3S i've 10 90 20
Georgetown 10 get five barrels of liquor he was
10 20 TO the dIsullery beyond the aQueduct for
abe iquor; the liquor was TO he taken 30 Pat
White =; defendant was 10 pay witness so for
his services; witness went upon those terms,
and left the distillery at sundown. Pointing to
Mr.. Hurley, witness said he saw that man
ihsrr 20 the best of his knowledge and belief
i've barrels Were loaded on his cart, but he did
not know what they contained; he got four bar
reIs ont OF the shed near the river. and one
from the yard; he did not know who they
were who helped him load; he did not remem-
Der seeing a coiored man present; the defend
Ant helped him IN with the barrels; after the
harrpIs were loaded he took them ID Pa,
Whites, and he would not receive them: he got
stuck IN the alley, and after getting clear was
going back 10 Georgetown, when he got stuck
IN a gutter in g street, W hen Mr.. Clephane
came up with police officer, who arrested
him; Nj. Clephane had him take the barrels to
an alley between 18th and 18th streets, where
he again got stuck in the mud; the barrels were
taken ont, and no saw no more of them; he did
not rpeeive his hire money. $3.50: he had met
MIR. Hurley since that time, but had no talk
with HIM
On a cross examination by Mr.. Phillips the
witness testified that he did not know whether
The place from which he took the barrels was a
tlstIlIeTy; the four barrels were not concealed:
they were rolled from the door TO him, the 9th.
ct barrel was in the open yard; he did not no.
bee the barrels particularly, they may have
been stamped.
Rs-tzoM,ad.iO Witness did not see the bar
rels until they were rolled out; he drove an
n
ing; 70 the best of his belief. Mr.. Hurley told
him 20 take a covered wagon.
On a second cross-examination, witness testi-
red that the wagon had on a canvass cover
with bows; he was not certain that Mr.. Hurley
told him TO cover tie wagon; when Mr.. Hurley
met him on Christmas eve, and hired him: he
told him he had five barrels for him TO haul
which was part of the lot of II barrels that he
cnee had hauled TO his place for him, he did
haul Il barrels for Mr. Hurley in March or
June; he eoHld not say positively TO the
L.
WHERE he got the l. barrels from that he took
70 GEORGETOWN; ne took the II barrels from the
distillery 10 the bonded wOrehouse in George
town. near the canal: he afterwards hauled Il
barrels from the bonded warehouse to the dis
ullery; he never on any of these occasions used
a covered wagon the L. barrels taken from the
bonded warehouse were lowered down from the
warehouse and loaded INTO his wagon IN the
alley; when h. took them TO the warehouse from
the dIstillsry they Were deposited in the ware
house on the first floor, tins being in the sum-
msr, he hauled no more from that time until
Christmas: he hauled the barrels from the dis
tilIery 10 the warehouse and back again.
DGrid ". Felt sworn and testified that he was
a member of the Metropolitan police force: was
on duty on the night of 2ith December and a
man came 70 him and wanted to know how he
could collect - 80 that was owing him: he told
hun 10 sue the party, and he SAID be had done
80 but could get nothing: he commenced 10
talk about some whiskey. and said there was
some in an alley leading ont from q street and
he believed II belonged 10 the party that owed
him, and further believed that II was SNUG
sled; he said his name was Wolf; witness went
TO the alley with the man, and saw two mules
attached TO a wagon in the alley; IL Il COM
mon lumber Job wagon, with i canvass cover.
be got on the wheel. for he could not see inside,
without, and found that there Were five barrels
inside full OF something; he then left the alley,
Talt told him TO inform Mr.. Clephane of what
he had seen- which he did; he and Mr.. Clephane
went 10 the wagon. which was coming out from
The alley; the driver was questioned by Mr.
sIanh afr oh he
barrels Were seized; n was then after o'clock;
there was no one with the wagon when he first
saw II. the barrels Were deposited al Mr.. Gle
pbane'S house.
Mr.. L@triS CLephafs. sworn. and testified that
be- was Collector of Internal Revenue for the
District Of Columbia. On the evening of the
2<th OF December last, about : < O'Clock. Mr.
Felt and Mr.. Wolf called OH him and informed
HIM that there was a wagon up the street, with
some WHISKY which they believed was not
night; he accompanied them 10 the wagon. which
was stuck IN the alley near q street. between
18th and 18th streets; IL was about driving of
when he made his approach; ne told the driver
10 DIVE the wagon 10 his house, on the next
square. On MS arriving there, NJ went in and
had a light brought out, and found the wagon
closely covered, 80 that he could not see in the
back: he got upon the wagon, and then discoy-
cred barrels containing whisky, upon which he
could see no inspection marks; he questioned
the driver As to whSre the whisky came from
and Do informed MIN that u came from the dis
fIlleTy above Georgetown. IL being contrary
10 law 10 remove any whisky after dark. ne felt
JUSTIFIED IN ssIZing az; ne ordered the driver 10
drive his team mp the alley 20 his stable
where he had il unlOaded- and again examined
the barrels by a light, and found that they We're
cid and there had been inspection marks upon
All OF them and erased by scratching: the bar
relS were STU ~ ~. stable; he ordered the po-
Dceman 20 take charge Of tha team and take il
IA livery stable: inspec ton marks ordinarily
show The name of the Inspector. the date of in
speCtIOE, and the district. Tn the 9th of DE
eemb.r, lS67. he seized - barrels at "A place
called Green Spring brewery, bout n fourth of
a mill from Hurley's dlStiilery: he found them
m he cellar of stone building. and IN COM
paEy with his deputy. MIR. Addison, examined
The barrels generally and found nothing upon
Them that they could regard a Inspection
mars, most of the barrels had been Va sed he
fore; n took possession of them. and had
ihs n removed 10 warehouse on Water street.
Georgetown; whore they still remain; TO best
eff his knowledge barrels were iron bound: OF
he five previously seized three iron
hound, and TWO hOOped: The building M Cre4il
SpEIngs was not locked when he went there:
.heTe was a lock on the door
Gross examination OF witness dsVPloped
10 new fact. and the further examination of
he Gaze was postponed until tins afternoon.
STAR COWPANY-Bsdf this rio Caa The
STA m III new hands, comes braVely up TO
Tfs promises New type paper improved CIR
CulatlOn immensely increased. and within the
fortnight the new firm have contributed 10 the