The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-09
NEW YORK CITY
TIE C0URTs.
UNITED STATES DISTRICT COURT.
The Watson and Crnry Whiskcy Casc--Cl0se
Of the Testimony for the Pr0sccutior--Ad-
dress tO the Jury tor the Dcfcnce.

Of the Testimony for the Prosccuti0n-Ad-
dress ia the Jury tor the Defence.
Before Judge Blatchford.
me United States u.s. Thiyty-etght hundred Gallons
Or Distilled Soirits.-The hearing in this was
resumed this morning. A good deal Of interest is
manifested In the case as Is the first prosecution
OF any magnitude brought Tor the condemnation OF
property seized by the internal revenue author-
ties for frauds upon the government in evasions Of
the tax upon whskcy, and in which many dstillers
and recthers are implicated and awaiting trial. On
the result Of this trial may turn the fate Of good
many Others OF a similar character TO come of. 1t
liz pretty evident, however, from the testimony given
in this case SO far, that Collector Bailey, by whose
orders most OF the seizures made about year ago III
all parts OF the city has fortified the prosecution
on all the material points necessary 10 submit TO
court and jury TO secure conviction that 1t VIII he
found difficult to break 1t down.
The FIRST witness called was
Colonel Burr Porter, who testified that he made
the seizure OF the premises OF W., Watson 40 Crary;
he was ut the time February, 1868 special agent
authorized 10 seize Illicit spirits
Cross examned-Made The seizure by directions
OF Collector Bailey; inspected the contents OF the
place: there were number OF empty barrels there
among other property; some OF the barrels were
branded.
Q. What names OF inspectors did you see on these
empty barres9 A. Inspector Levy, OF the Sixth dis
trict; saw his name three four OF the barrels
z. Did you take any means to ascertain whether
there were any spirits in the barrels branded by
Levyf A. Yes; shook and rolled the barrels; had no
distinct recollection whether there were bungs in
the barrels with Leyy's mark not very positive
about the matter as he had made good many
seizures that day.
o. Did Levy Inform you whether the liquor you
seized there with his brand on the barrels had been
inspected by him on that day or about that time?
The Court struck out the question.
@. We're the names OF inspectors on the other bar
rels unknown TO your A. do not remember.
q. Who gave the information on which you made
gave me directions TO seize it.
q. Had You any other orders but Mr.. Baileyss
A. No.
O. What day did you receive hts ordersP A. On
the same day the seizure was made; the seizure
made about twelve O'Clock.
o. Did You tell man OF the name or David Dodd
that on the same day you had seized Pixies disti-
leTyf
Objected to.
q. when had you the conversation with Dodds
A. About the LIST OF March.
q. Did you say to Dodd that you had made good
O. Did you tell Dodd that you had made $4,000 OF
s. n. Pike and that you would make Watson Crazy
pay you much? A. No.
Mr. Courtney objected
The Court-The question ~ entirely irrelevant;
anything that the witness might have stated to any
person inconsistent with his testimony about the
empty barrels or other evidence on matters before
the court is perfectly competent and relevant, but
the general aud loose questioning Is irrelevant, and
has nothing to do with the case.
Mr.. Clinton--Does your Honor hold that what
witness has said that he Is going to make party pay
auckland that IS the motive OF the prosecution
that we cannot show that such was his nOtive2 The
authorities Uniform on this point that not only
can you ask a witness questions on his crOss-exam
nation with view to test his credibllity but yoncan
call other witnesses TO prove what he SAID, although
You may have not laid foundation Tor the
Contradiction; that Is on the ground that
as any fact ii the caseA Now, your Honor could
party ever protect himself II he was not allowed to
show motive on the part Of prosecuting witness,
when 1t was known that motive did exstS Now, II
this witness said he would make these partes-Wat-
son h Crary-pay as much AS - N. Pike, have we not
a right TO prove this and show his mOtivei
NJ. Courtney-rhe trouble with counsel Is that the
witness has testified that no made the seizure under
Mr. Baey's directions, and that he knew nothing at
all about 1t till he received directions In the mat
ter.
The Ceurt-Tne evidence is clearly inadmIssibe.
Exception taken.
q. Did You state in substance to Dodd that your
object in making the seizure in this To make
Watson l. Crazy pay you, directly or indirectly, any
The question was objected to and ruled. Excep-
Q. Do YOU know who acted as informer In the
ease?
The Court-That has nothing to 90 with the case;
the witness has already sad he did not know.
~. In any seizure which You made including this
particular seizure, had You any pecuniary interest,
directly or indirectly2
objected 10. Sustained.
John +. Cleveland Assessor OF the sixth district,
recalled, and testified ~ 70 having made search TO
ascertain whether Wilson 4 Crary had made an mp
plcaton for recufying license; found an applica-
tou, dated December u, 1885, to rectify 1000 bar
Tels; an assessment was made upon the license and
was made In May, 1867 this application Is In court;
the license was FOR rectifying 1000 barrels.
Robert A. verpancA was the next wltness-Was
dockbuider for some ten years; IN February 1858,
knew the recliIytng disttery OF watson a Crary, on
Christopher street.
q. In February last did You see any whiskey de.
byered at Watson a crarys place A. Yes; ON the
Attn OF February I four barrels OF spirits deliv-
cred ihere that was about i've O'Clock La tue even
fng.
:, Z. Did you look particularly at the barrciss A.
-Four out OF the Eve were branded; the other, the
nth, was branded George u. Hill.n
piu you on any other occasion see splIits ue-
5ivtred fRerei A. Yea: Oh the 18th February saw
twenty barrels delivered there on two separate
trucks: was close enough 10 zee that the barrels
were not branded; the spirits came on the same
truck at two different times; one load came about
half-past four O'clock the other load came about
half AN hour afterwards.
q. what was done with these twenty barrelsS
a. They were unloaded aud rolled into Watson h
Crary's establishment, III Christopher street.
y. Did you see any person belonging 10 the estan-
iishment on that 0ccasom a. les; man put his
head out Of a second door window and shouted 10
the driver OF the truck when he brought the first ten
barrels 10 hurry back FOR the others.
q. THE man who drove the truck and delivered
those twenty barrels at Ill Christopher streetdid
cannot swear il was the same man saw at
objected 10. Objection sustained.
q. Did you follow the truck after ine second load
was unoldedf A. Yes.
q. Where did You follow IL to
Objectoa 20. Admitted.
A. 10 Sol West seventeenth street; u stopped IN
front Of the house adjoining the distiliery; there
were two men on the truck when the last ten bar
rea were delivered. the two lett ON the truck; the
driver Of the truck took the team away; the other
man went into the distlllery
u Did you see the mau--tbe man that was with
the driver Of the truck when he delivered the last
ten barrels Afterwards in the dstIllery on Seven
feonth strcttY A. ! think did-tiiree DAYS after
wa,ds; was then In ihc seventeenth street distil-
Icyy ~ keeper.
q. What The name OF that person. A.
McCardi..
Objected .o.
U what Was tbs name Of that man that left the
trucb ana went mto the distlpry and whom you
saw thtfs a'ttswafdsf 4. didut Know al that
Tine.
(. DID YOU afterwards
Objected tO.
Tue H0utt--Dia vau Know flai man a,terwardsS
a. Not "a 8 certainly.
Question rucu out.
The nttno-t was ,uricc,cd 10 a very lengthy OK.
auifladou bat Aothn. affecting hls ,trect testimony
v.yS enciscd.
EeOrge W. Casoun was next examined--Knew