The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-24
NEW YO7K CITY.
HE eOrRTs.
UNITED STATES CIRCUIT couN.

Return Of True Ellis by the Grand Jury-In.
dictmenas Found Against Wiiiinm PuiIertous
Alfred A. B.lSnap and Ofhers-Warrnnrs
Issued for he Arrest Of the Parties for Con-
spiracy-Impcrinnt Proceedings aud Serious
Charges.
southern District or Ne,c York, ss-The jurors OF
the TuIted States OF America within and Tor the dis
trct ami circuit Aforesaid, on their oath present.
that william Fullerton, Jacob Depuy, Alfred A. Bel
knap Daniel c. Ill dsa, Enward J. Wlndus together
with divers other persons, whose names are to the
jurors unknown, all ate OF the city, and county OF
New York in the district and circuit aforesaid here
toiore 10 wiz on the nth day OF June. the year OF
Lord 1868, at the city OF New York. and within
the jurisdiction OF This Court, did unlawfully and
corrupty conspre, combine, confederate and agree
together TO cause and procure one Thomas e. Smith,
late OF the city Aforesaid be charged on the written
complaint and afidavit hereinafter stated and set
FORTH with the violation or the provisions OF an act
entitled AN act TO provide internal revenue to sup
port the government, TO pay interest the public
debt and for other purposes, approved June 30,
1884" as amended by the act OF March 3, 1885, and
further amended bv the act OF July 13 1896, and
further amended By the act of March 9 1857. and
70 Apply iof an :. cause ana procure warrant to
for the arrest and apr tension OF the sal Thomas
f. Smith on the charge aforesaid; and that the said
Thomas Il. Smith, being charged and arrested ~
aforesaid the said Allied A. Belknap, he, the said
Alfred A. Belknap, then aud there being an officer
and agent of the United states, and person having
charge or the execution and having charge OF the
supervision OF ths execution OF the provisions OF
the same as Aforesaid, but having no AUTHORITY
by law TO demand accept attempt TO collect, directly
or indirectly, as Iaynent gift or otherwise, any
OF money other property OF value for the COM
promise, adjustment or settlement OF such charge
and complaint, sholid unlawfuy attempt to collect,
and should demadd collect accept and receive OF and
from the said Thomas h. Smith, without being there
unto expressly authorized by law, large sum or
ss and ss M Of Se s sad ears
and complaint for tile alleged violations OF
the provisions OF sa act. and OF the several acts
amending The same as aforesaid And the jurors
Aforesaid do further present that In pursuance OF
such conspiracy combination, confederation and
agreement and to effect the object thereof the said
Jacob Depuy did aFtcrward-to wit. on the 18th day
OF June, In tho year oil Our Lord 186s-in the city
Aforesaid make complaint and did present his am
davft to John A. osborn. he the said John A. Osborn
then and there be ,ng Commissioner OF the United
States in and for the Southern District OF New York
the said joan A. Osnor. then and there having law
full authority to take said complaint and to issue
warrant thereon. ch complaint and affdavit Is In
the words and figures following, that is to say
state or Ne,o 10 4. City and County or Neio York,
ss.-Jacob Dcpuy, of the city Of New York. being
rst duly sworn, SAYS as followsI reside at No. TIA
Eighth avenue; have been in the secret service OF
the War Department aud still hold commission in
wsat N s
TO the revenue departments in this city, was first
appointed in the above service IN the month
OF the time beng under pay, and since
sppont men % Thomas S Smith a,.sr c ;ne
Iector OF the Eighth Internal Revenue Collection dis
trict OF this state, became satisfied that great
frauds were being perpetrated In said district with
the connivance OF thomas Z. Smith, on several oc-
casons, at my suggestion officers OF the Metropol-
they were being moved in and through tie City con-
trary to and IN violation Of the provisions OF the
were being removed without the payment Of
tne tax due on It; when the spirits was
immedlaiely rcles.si BY him notwIthstandin and
had furnished tine olcers selzing with proof that the
spirits so being moved was being moved in violation
Of the said law; among others officers who seized
spirits as have above stated, reoollect the names
OF Albert Llnebcck, Daniel Smith, Mr.. - Van
Houghton, and tnink one McCann; failing TO &C.
oomplish ANYTHING by seizing the spirits as above
stated continues to keep lookout for tho move
ments in the spirit business; after had caused
several seizures TO be made several dstillers came
70 me and said that they were all right with Collector
smith; thar the, had fixed Is with him, and they
70 me TO take any spirits that caused to be seized
Collector Smith and Il woald be discharged; one Of
lars Week for no making any or eaus
Ing any seizures 10 DO made; accepted this sum be
seizures and secure the forfeture the namcs OF the
dtstiers above referred to Rosenberg OF No ans
sne establisGmsat believe he said 70 me that he U
500 wee. vh ,,I, he ran tho d,ssiliss5y:
dollars . week l would make no complaints,
aud he did give me that sum weekly while running
or MY barrels day ON which no tax was paid;
Newh0use, OF the nrin OF Eickofr Newhouse, made
similar statements TO about having arranged with
Collector Smith and said that he had an Illicit ssll
and that Smith knew It. but would not disturb
then; them; ne offered me one, one dollar barrel on all
plant; Gropp, Of Fleischmann d Crop, Thirty
ninth street, near Ninth avenue. came 70 me one
morning ater their distiilery had been seized
BY William sterntt deputy collector under
Smith ne said that he had been down 70
him; thai he had setrisd with hun, paid him and
got the distery released, and he wanted TO arrange
he had given s..s 70 De given to me: he PROM ON.
ised 70 give me swcnty-n dollars week while
they ran; lad not received tnat sum OF 322s;
4 saw Crop 90 70 Slntns 0iilce that morning,
having spotted him after the seizure from their
nistery 20 Smiths ollice aud back to Thirty ninsh
street; the above convcrsason was Thirty
ninth street. on his return rom smiths; he was
much excited at the tune; Crop Fletsohmanns
distnlery was not under seizure At this tme more
outside business OF the distillery No Abattor
place. has told me thai they mad paid Collector smith
money to Keep ni.n quies; have heard tho same
thing from several others having dstillcres the
district; 1t Is prc.ty generally understood In the dis
trict among the dst.iies that the moneys from the
dstilleries went 10 smith Instead OF for the pay
ment OF taxes; on the lss day OF May, 1857,
j followed lot of "a barre.s OF spirits from
woolsey's bonded warehouse In Thirty-seventh
street, Nnsh avenue In smiths district; these
barrels Of spirits were removed ostenslby for ship
snent to California; they ere taken TO Williamsburg
and the spirits were there taken out and saw wat-r
running through tie hose; the same barrels came
back 70 Wooissys bonded warehouse; 4 saw and
counted twenty puacheons la which the spirits
had been put; marAed two OF these puncheons BY
driving copper tack Ia the head or end Of the bung
Save, ana saw the same TWO puncne0ns back In
the city, IN place ID Tenth avenue; Matthew Nc
Connect the o1icsr On the beat, went into tho bond
ed warehouse AM found water In some OF the barrels
removed and returned; EickUn 81 Newhouseis distil-
lery In Thlry-sxth street, between Ninth and Tenth
avenues, was seized by or turned over 10 Collector
smith the head Of the III broken or and put In
cue Collectors once; Notwithstanding this, and
while tue dstiliery WAS In charge oil Sms kecper,s
sne SUI was being rua principally at night aud dur.
ing tnis same period, wnile the stlu head was at
Sfntns they were paying, as thev told me To sInfh
nus weekly sum, aud W ine The 81 barrel which they
promised me; sm quite well acquainted with the
men IN Collector Smitn's district who arc or have
been engaged IN distnlng and rectiiying, ami have
frequently talked with most Of them In relation 10
collector Snltn management OF his district. IL n
notorious Iact among persons who familiar
with this business thai the business OF the said Col.