The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-11
NEW YORK CITY.
UNITED STATS DISTRICT COURT.

THE C0gaTS.
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UNITED STATS DISTRICT COURT.
The Watson a. Crary Whiskey Case-Foutrh
Day-CIese Of the Testimony ON Both Sides.
Before Judge Batchford.
tn. ryni,ol y,ates u.s. Tnirtp-ei9h Hundred Gallons
f DtsfilleI eDiyifs-As the trial OF this pro-
cees il soems there increased interest manifested
in IT yhis was particularly noticeable yesterday
morning In The more crowded state Of the court
room than ON any OF the previous days the trial
progressed
me claimants. Messrs. watson a Crary. are every
morning in attendance with their counsel at the
opening OF the court and remain throughout the day
TO the close Of the session. paying the greatest at
tenon to the testimony Of the witnesses and to the
legal but sometimes excited encounters Of the OPP
posing counsel
Mr. yoshus r. Bailey, representing the Internal
Revenue Department AZ Collector OF the Fourth Col
lection district by whose orders the seizure OF the
property In question was made, has been also unre-
hitting in his attendance In court, suggesting oc
casonally to counsel, United States District At
torney Courtney and General Hubbard points on
which the witnesses should be severay examined.
CONTINUATION OF THE DEFENCE
Asa Blanchard the witness the stand al the
adjournment OF the court on wednesday was
recalled and his examination resumed;-Was nrst
employed by Watson Crazy about nve years ago
as "A uIstiller; at that time nad nved ~ Feaoouy,
N asf and was not previously acquainted with the
firm: was employed by them as disuiler, tnrough
William stewart VINO aIary: left their employ
ment a year ago last Mag, having worked Tor them
three years. during , s Sat Nessn did no
bring spirits to watson Crarys rectnying place IN
February, March or Apri. 80
Mason Loeb--In February, 1868, was recuner Oh
spir,ts at No 5l1 West 1hirtythird street, sold 10
Watson a crazy seventy-1ve barrels OF spirits in
aeaer. sold the other fve directly himself; the agent
referred TO was named SchlOes
o. State whether they were tax paidf
Mr.. Courtney objected.
Tie Court ruled that the defence must first prove
that the spirits in question was on claimants pre-
misses before going to prove that 1t was tax paid.
The witness was then withdrawn for the present.
J. II. Libby, foreman for Watson Crary, ex-
amined-was IN the employ Of claimants since LIST
Q. As foreman what were your dutess
me Court~Come right to the point 1t is OF no
consequence what his duties were. Inquire as TO
Q. DID you keep book A. Yes, the rectifier's
book, all the time was there.
q. what day was the seizure OF these spirits
aae a On the she OF weas wns IN on me
rome in the STILL about 600 gallons; we mad rom
rfteen twenty barrels Of spirits four barrels OF
O. How many full barrels were In the place when
seizeds A. From i've to eight barrels
a.
From Ave to eight barrels, branded, ready go out
on the floor.
the seizure, and where did they come fromf A. The
last lots received were seventy or seventyfve bar
rels from Loeb and thirty from Duf1y; the first lot
the lst or I'd OF the month; the thirty came
on the 18th OF February; these were all the lots
the premises at the time OF the seizure.
A Received them. gagged them and took the proof;
part OF Dury's lot was dumped In the receiving
cis,ern; they were all dumped within day or two
x,ntn .arfu hnr rulu Wa a
the time OF the seizureY A. Think from 100 to l25;
none OF the barrels had brands on them but two,
lierate the brands that still remained on these two;
never received any empty barrels with brands; no
put on s%pSy n there
O. Is there an entry OF the lot received on the 14th
OF February, with the number Of proof gallons in
The proof gallon column A. No.
@. State why you did not enter the number OF
proof gallons In the proof gallon column
Counsel for the defence-I WISH your Honor. to
show that these goods came in so late in the day
rnat It was impossible to gauge them, to have the
figures sent the Office and compared with the bill,
TO ascertain the correct number OF proof gallons Till
the following day; to show, In fact, your Honor.
nnahle to make the entry from the receipt Of the
goods up 10 The time OF the selznrc. The wording
0f the statute was To some extent ambiguous. II
saws eDtres shall be made daily It does not mean
that the entry shall be made necessarily on same
Mr.. Courtney-Tne contrary has been held by two
me Court have had the section OF the statute
under consideration great many tunes, and ex-
Guide the evidence.
me following questions were then put to raise
y the point OF law sought to re established by de-
fendant's COUNSEL
O. Were you prevented nom making that entry on
the Ilth OF February; II so state whyy
objected TO- sustained
o. state whether or not you were able to ascertain
correctly the number Of proof gallons between the
time OF the delivery Of the goods and that OF the
fe2ureY
o. state whether or not by reason OF the seizure OF
the property and the taking away OF this book by the
officers It placed beyond your power 70 make
The entry as to proof gallons you using all possible
diligence 10 do sol
Objected TO- Sustained.
This closed the direct examination OF the Witness
The District Attorney subjected the witness to a
most harassing crose-examination, something simi-
lar 20 that suffered by the witness Duny on the pre-
affect whatever weight his direct testimony might
have had in the submission Of the case TO the
jury
The prosecution recalled the witnesses Andrews
and Nelson with the view OK ecittng some rebuttai
evidence Sbnt nothing important came out In testi-
mony.
The Criminal Caleudar-Tbe Fullerton Case.
During an intermissiou In the trial OF the Watson
Crary case Mr. Samuel @. Courtney, United States
District Attorney, addressing the Court said:--
Your Honor, the hearing IN the case OF the United
States Fullerton and Others was SET down for to-
day ny Judge Nelson and counsel FOR the defendants
being now In court would ask your Honor 10 fx
come day definitely upon which the case shall be
called on and proceeded with.
Judge Blatchford-By special order or Judge Nell
al criminal cases ready for trial in this district
shall be heard before Judge Benedict, who will sit
on saturday next IN the Circuit Court for that
pose.
Counsel for the defence then retired.
The BIaisdclI whiskey Cane.
AS IL was evident that the case on trial watson
Crazy case) would occupy the whole Of the day, the
vit
sent In the Biaisdell case relieved from attend
ance till tomorrow morning, at eleven O'Clock. at
which hour they should appear In court without
fail.
UNITED STATES COMMISSIONERS COURT.
A Counterfeit Case.
Before Commissioner Osborn.
me united STATES RS. george Meyers.-The defend.