The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-09-29
NEW YORK CITY.
THE COURTS.
UNITED STATES COMMISSIONERS COURT.
The Alleged Internal Revenue Frauds-The
Case for the Prosecution Closed.

The Alleged Internal Revenue Frauds-The
Case for the Prosecution Closed.
Before Commissioner Guttman.
The United States Us. Commissioner Rollins ct
aL-The hearing in this case was resumed yesterday
morning, there being large attendance Of persons
interested in the proceedings awaiting the opening
OF the Court The first witness on the stand was
J. d. McHenry, who desired to make correction OF
an unimportant nature to his former testimony.
e. D. Wood, Collector OF Internal Revenue In the
Third Collection district, testified that he gave direc
tons about the January 49, 1885, for the seizure
of Mallett's establishment situated In Brooklyn; the
establishment consisted of laboratory for the dis
tllation of nitrous eher directed after the seizure
that keeper be put in charge of the premises; NAL
let called on me few days after the seizure and
complained OF the hardship to which he had been
subjected; that his business was Of limited extent
and that he had one working on the premises but
his SON. Mallett also stated that he had received
communication nom the department at washington
against the Revenue laws for MIN to dstill his own
alcohol on the premises for the purpose OF making
Inns for direct information the subject; In answer
to that letter he received the following:- -y-,s
TREASURY DEPARTMENT., }
OFFICE OF INTERNAL REvENUE,{ Z
FRI Of the
Is: L Ss $ u
IT, tine rs and yh hs tax az on as
ss :S SUCH liable
ss S tax FL d 1n On
There shall be Levied collected and paid On all distilled spirits
ass
'l Z. T. wy W9o fs'e SoeStGSr' a. A'1ASS
witness soon afterwards received the subjoined
orrIoE OF METROPOLITAN REVENUE BoARD.l
SO CEDAR STREET, NEW YORK, Jan, 20, 1858
srn-I have received yours Of yesterdays date relative TO
q sf wen
q a his S % s had ihs
violating the iay and Do not think that proper case for
6ommissoner how he must required We
se psndns
seizure payment OF the tax already due bis manu-
Dsp"y SSa
examined by my deputy, who reported to he the re.
suit Of his examination; the concern was very small
and employed only one or two men; in consequence
knew Of the SEIZURE OF the tobacco factory Of Bar.
rowciY; the factory was in my collection district;
that factory was condemned and sold.
Only one or two questions were put IN the cross
examination, but these were Of no importance.
Mr. Fullerton then informed the Court that counsel
for the prosecution rested at this stage.
Mr.. Sedgwick-If your Honor please the prosecu-
hs Es daoee IN e hs S ey
were In all respects similar to proceedings before
State magistrates. Counsel referred the Commits.
siOner to case In second Curtis reports. The
statute makes 1t the duty Of the magistrate to exam.
inc the complainant in mandatory language. 1t
complainant. therefore suggest to the Court that
the case for the prosecution cannot close TILL the
complainant In this case be examined.
A discussion followed between counsel on either
side on the point raised which eventually over
ruled by the Commissioner, and the case for the
prosecution rested.
THE DEFENCE.
p. j. Mallett, called and examined by Mr.. Sedg-
wick-Was the father OF the only proprietor Of the
chemical laboratory referred to In this case and
which was seized by Collector Wood; witness ap-
piled for Its release; attended to all the business In
the matter; his son accompanied him on one occa-
sion to Mr.. Wood; didn't pay a cent to any United
States officer in the matter; paid only the watchman;
no money was ever asked of him; Mr.. Wildwood asked
him on one occasion would he not compromise the
matter; he said the informer was anxious to get
paid; WILDWOOD showed me document which set
forth that the nformer should get $780, witness said
''yes he Ia entitled to $500 I'm case my con-
vlcted, but he has not been tried YETI; paid money
In the case.
The witness was brieny crossexamined, but MOTH
ing important was elected and the court then ad-
j0urned till Thursday next, at twelve O'Clock noon.
Dascaut nm U,ofterv Estuh1isl,pr q to--E1ft oa,,