The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-07
NEW YORK CITY
THE COURTS.

THE COURTS
-
United STATES COMMISSIONER c9JlT.
The Alleged Internal Ieevenue Frauds-The
Case for the Defence Closed.
Before Commissioner Guttman.
The United states ps. Commissioner Rollins-The
hearing in this case was yesterday resumed by the
continuation OF the examination OF witnesses for the
defence. The first witness called was b. +. Tracy,
District Attorney OF the Eastern district, who gave
very brief testimony to the seizure Of Banowclis
dlstillery in July, 1857 The premises were seized by
order OF Mr.. Harand.
Joshua A. Marley sworn-Was Collector OF the
Fourth district three and half years; knew the rec
Trying dstery OF A. Pike that distillery was seized
by my direction in October, 1867; the case was re-
ferred to the department with statement OF the cir
cumstances, and in the following December went for
consultation with the Department to Washington;
while there the Commissioner OF Internal Revenue
accompanied witness to the Secretary's ONCE whefe
the matter OF arrangement with regard 10 Tue uispo
sition Of the rectifyng distilery was decided; the
premises then in the hands of the government
authorities in District Court for prosecution;
this was late In November or early In December the
case was substantially terminated about the 2otn OF
q. What was the result OF the proceedngsf A.
All the spirit under seizure paid for at two dol
lars gallon the property and machinery were as
| sessed and paid for according to assessment; tho
spirits drew price In excess OF the market value.
/ ". II.
A. The only part he took being present with the
| Others when action was decided on; Mr.. Harand
made no positive suggestions as to what should be
o. What was the cause OF action against Pixies dis
tleryY A. The sale and purchase Of spirits at less
price than the government tax
George H. Farrar, clerk IN Wizards Hotel, WASH
ington-Mr. II: X. Person occupied rooms In the
hotel in Washington In May, 1857; he came on May
q and left the 30th the numbers OF the rooms oc-
| cuped by him were 80 and 81, on the second moor;
person Of the name Of Charles Loeb arrived at the
/
| third floor.
O. When the door Of that room was half open and
| person standing ON the SILL what furniture would
| be first In viewS A. II q gentleman was sitting at
the table he could be seen with also portion Of the
table; there was no place for person TO stand out
side and observe what was going on inside when the
door was half open.
person LEFT the ONCE. would he on going to 81 pass
1892 No. STR; he would have to pass SO and 81 going
| to 100; 80 and 50 are below and 100 above.
John D. Favin knew John d. McHenry for two or
three years. have not heard much OF him lately; for
mery his character was not very commemorate.
Q. was it bada A. Yes. -
O. Would you believe him on oath. A. That is q
very pointed question; II was asked it On the street
would say no; asked here on oath would say !
would require very wide margin.
business transactions with him; speak Of McHenry
from representations have heard made Of him.
seSiations heard Ii Mr. Mcknight say that
had been the champion Of some interest In Albany
w IN Mes nor
most Of those representations were from political
feeling or were associated with political matters.
| J. Weekes-Knew McHenry from report; his repu
tatl0n Is bad; would not believe him on oath.
- Wilde-Knew Mctienry. q. Would you believe
cumstances under which he would be sworn OF
giving testimony; II he witnessed casualty IN pass
ing through the streets should believe his testi
mOny; II he was Interested either directly or indi
rectly should hesitate to believe hm-l could no
n orv soud not believe HIM
under those circumstances.
! mean by the words directly or indrectlys A. Thai
| l would not believe him where he had q personal
feeling in the matter or where personal friend was
acter; heard Alderman O'l,rien say he was id
scoundre and would not trust him or believe him.
q. What was the occasion OF O'Bren saying thisP
A. 1t appeared that Mclenry had received some
funds from some organization and failed to account
for them; believed 1t was Fenian organization.
him A. Had some political differences with mn
from time to time; at other times we have worket
Cyrus A. Meade, Robert v. Miller and Job John
ston gave testimony as to the character or McHenr
from report. Nothing very particular or bearing OF
| the case was elected.
William Hubbel Representatives, McTIcnry for tw
years. knew his reputation from the report of thos
McHenry associated with. and those he witness
reputation was bad and II he was TO speak from hi
own experience he would say II was worse.
ing disiepy between Eighth and Ninth avenues, Il
1867 and 1919; knew Mr.. Harland; saw him twice
Revenue board ia the year 1867, for the purpose
or signing bond; did not Mr.. Harland there at
that time at any time In December, 1887, Janu-
ary 1868, not IN SO Cedar street; did not Mr..
Barland there either those times; never gave Mr..
Harand check upon any occasion; never kept an
| individual bank account.
Cross examined by Mr.. Courtney-Never gave
Mr.. Harand check or a consideration Of any
value for any purpose whatever; never saw Mr.
| Harand ut the Metropolitan Revenue Board.
q. DO understand you to swear that at no time
| or place whatever, you ever paid any money by
check otherwise any consideration whatsoever
| 20 Mr.. Harland for any purpose whatever A. Yes,
| / swear So
Defence here rested.
| Mr.. Courtney moved to adjourn the case till ten
| tomorrow merning, when McHenry would have
witnesses In court to testify to his character Tor
| truth and veracity.