Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-03-26
ILLICIT WHISKY TRAFFIC..
John Devlin Sentenced 10 the State
Prison


On Friday last in the United States Cir
emit Court, Brooklyn, before Judge Bene-
dict, John Devlin, who had been convicted
on the three charges Of carrying on the
distillery business contrary to the laws of
the United States, Of selling whisky with
out license and Of removing spirits to
other places than those designated by law.
was brought up for sentence. Assistant
District Attorney John j. Allen, moved
/ sentence in the case, and proceeded TO state
that the first count in the indictment was
brought under the seventy-third section of
the act of June 80, 1854, as amended by
the act Of July, 1864, which provided that
any person who should engage in any bu-
slness or profession, for which special
tax was provided by law, without paving
q special tax, was subject to impri sonment
not exceeding two years and fine of $500
or both. The second count was founded
upon the seventy-third section of the same
act, and also upon the seYenty-ninth sec
ton, which provided that any person who
should carry on any business for which
license WAC provided, without procuring
such license, should be liable to two
years imprisonment and a fine of $500.
The third count, Mr.. Allen continued, was
based on Sec. 70 of the act of July, 1866.
which provided that every rectifer should
enter in booklkept for that purpose, the
number ofgallons of spirits manufactured.
In case of failure to do this the offender
was liable to be imprisoned for one year
and fined $780, DeVlin was then called
forward to the bar, and being asked by the
court as to whether he had ANYTHING to say
why the sentence of the court should not be
pronounced upon him, replied in the mega
tive. Judge Benedict then proceeded to
pass sentence, saying: "The offenses
charged against you are not trivial in their
character. The words of the statute ere
atlng them indicate an intention on the |
part OF the lawmakers that they should |
not be considered trivial. They are pun
ishable, the first one by two years inpris- |
onment and fine of $500; the second by |
an imprisonment of two years and fine of |
$500; the third, imprisonment for six |
months and fine of $500; making in all |
i've years imprisonment and $500 fine.
The government has fixed that penalty as
proper punishment for those ofenses.
The punishment shows that they are not |
trivial. You have been found guilty
Of committing all these offenses, and the |
conviction, in the judgment of the Court, is
correct. have listened to the statement
OF counsel in your behalf, and have ex-
amined the atfidavits presented. Looking, T
then, at the ofenses of which you have
been found guilty, find them grave in
character, as indicated in the statute, and
attended with few mitigating circumstances.
You are an intelligent man, acquainted
with the law and the rules of the business
You at one time had been an assistant
assessor, as / understand, and it is i'm
possible to suppose that if you desired to
comply with the law you could not have
done So Your failure TO comply with the
law is not due to the neglect of any official.
Punishment for other offenses than this
forms no part of the intent of the court on
the present occasion. If il did, the ex-
IRENE penalty of the statute would be small
punishment but the other offenses which
have been indicated by this trial have
come in incidentally, but they are not
proven and form no part ofthe punishment
to be inflicted upon You. When these
ofienses are proven they will receive
proper punishment, and not before. |
lind that you have committed these often
ses deliberately, and by your conduct
sought to bring into contempt the law of
the United States. You could have paid
The tax; you could have received
license if you had so desired, and you
could have kept the books, which the
law makes necessity for all dealers.
notice in the affidavit that the books were
kept. The time to have shown that was
on the trial l can conceive no reason
why the books were not produced at the
trial, as their production would have tend
ed to have shown you innocent. However
that may be, it is true that you have shown
a disregard for the law. The letter writ
ten by your own hand shows your disre-
gard for the law, and that you thought the
law could not be enforced. | intend to
inflict punishment which in my judgment
win be proper punishment for these Of
lenses 1t may be warning to Others in
the community that the ofiense may not be
repeated, and that you and the community
may know that no man can disregard this
law and escape punishment do not,
however, intend to accumulate penalties
upon you, trusting that the infliction of the
highest penalty prescribed by any one of
these sections will be sufficient punishment
for the offense in question. The sentence
of the court therefore is, that you be fined
$500 and imprisoned for two years, the
sentence to be executed in Albany peni-
tertiary" Devlin was thereupon remand
ed into the custody of the Marshal, and
will be removed to Albany forthwith. The
prisoner on receiving sentence appeared
aoma what apitatad ftfs .a.-.. .....tr |