The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-06-06
BROOKLYN CITY.
UNITED STATES CIRCUIT COURT.

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UNITED STATES CIRCUIT COURT.
The Brooklyn whiskey Frauds-seutences on
CaIIicott, Enrighf and Anen-Remarks OF the
Prisoners.
Before Judges Nelson and Benedict.
Yesterday the United states Circuit Court ROOM on
Montague street. Brooklyn, was crowded with eager,
anxious and interested spectators in anticipation
that the sentence OF the court would be pronounced
upon the three prisoners, CallicOtt, Enright and
Allen, found guilty-the former separately and the
two latter on joint indctmentof having defrauded
the government OF considerable amount OF
revenue through the tax on whiskey. The trials
attracted great attention during their progress,
the principal defendant-principal SO far as
Oflcial position went-being the Collector OF the
district within which the frauds were committed,
Allen being his deputy and Enright, notary public,
chiefly engaged In swearing surees TO bonds Tor the
removal OF whiskey from distillery or bonded ware
house. The social standing Of the parties, together
with their ofical positions, rendered the trial. the
verdict and finally the judgment OF more than usual
interest in the community and hence tne crowds
At twelve O'Clock Judges Nelson and Benedict
took their seats on the bench the prisoners CALI
cOtt Allen aud Enright, attended by their counsel,
The District Attorney IN the usual form moved for
the Judgment Of the court upon the prisoners
Judge Nelson, addressing counsel for Cal.icott re-
ferring TO 4 motion made to him for new trial,
said-YOu spoke to me, Mr.. Williams, In New York,
as to motion for new trial In the Of CallicOtt
I then answered you that had not made up
my mind that there would be any necessity for suc
motion. Your suggestion mas lei me TO review the
will be useless to near you on motion for.new trial
or arrest Of judgment
Mr.. Williains-l did not intend to ask motion for
new trial any error in the trial. but upon points
which raised on the first day as to the bonds.
His Honor replied that II would be unwise to argue
any point Of law In the case.
Mr.. Wiams-After what your Honor has said
should not think 1t wise to take up the time Of the
court.
Mr. Williams and Mr.. jerks respectively addressed
the court In mitigation OF sentence on Caicott; on
the conclusion Of their remarks Judge Nelson direct
ed the prisoner Cacott TO stand up.
The prisoner named then stood up and confronted
TIT court.
being concerned with others in defraudng the gov
eminent out OF tax on distilled spirits After long
sa nave been Have yoa ANYTHING to
why sentence should not be passed upon you
CALLICOTT'S REMARKS.
Prisoner-SO far as l might hope that ANYTHING
could say would affect the verdict OF the court, un
derstand this privilege Is an empty form; but think
it due to myself ana the public TO say this sad
casion that in those transactions upon which have
been arraigned and tried was entirely innocent Of
any guilty intent 10 defrand the government. My
conviction has been obtained by evidence OF such q
character that the public know how to estimate my
character and public judgment will pronounce its own
verdict do ask leave to say for myself that LEFT the
office OF the Third Collection district OF New York
poorer man than when entered IT, and that during
my term OF ONCE received In behalf OF the govern
ment ST. 900, all OF which was faithfully accounted
for and the accounts relating thereto examined by
the commissioner and found correct. With these
remarks leave myself TO your HOnors Judgment.
JUDGE NELSON'S ADDRESS TO TIM PRISONER--TRE
SENTENCE.
Judge Nelson--We do not doubt that your own
reflections since the trial. the verdict OF the Jury,
have brought to your mind most il not ALL the
court would direct your attention to on this occa-
sion. Those reflections will have reminded YOU that
You were appointed to responsible ONCE by the
favor of the government and the aid Of Kind friends,
and that you entered that office with opportunities
OF so administering its duties as TO leave lasting
record both az citizen and a public officer. You
are a gentleman OF intelligence aud education and
experience in public Office and, belonging to the
professon of the law, you were peculiarly fitted for
the exact discharge OF the duties OF tile ONCE These
eminent opportunities have left you almost without
excuse for the unhappy ending Of your Official ca.
rcer. and greatly aid In the extingnishing OF the
charitable consideration which 10 the case or an Of
fence like this the court might otherwise feel. The
crime OF defrauding the revenue In this community
has prevailed to an alarming extent. At the time
of your appointment many officers had been removed
and some were waiting trial for frauds, and you had
been chosen in the midst of this decentralization. to
reestabsh Official authority IN this branch OF the
government and it was In your power to do it. The
trial and verdict show your lamentabe failure. and
that crime increased during your administration,
and, according to the finding OF the jury, with your
encouragement We are not Indifferent to the con-
sderati0ns stated by counsel but feel sensible OF the
dcsoation which the verdict and sentence must
brig to your home, not so much from the extent OF
the punishment as from its consequent disgrace.
But the law Is no respecter OF persons; none 80 high
meath it, 1t remains only to pronounce the sentence
We must pronounce the full punishment under Sec
considered moderate. II is a fine not eSceeding
$4,000 and Imprisonment for two years IN the Al
bany Penitentaiy, where you must continue III The
line Is paid.
THE GASP or ENRlGHr AMI ALIEN
r. c. Enright was then directed 90 stand IN when,
Judge Benedict said:--ln tn case OF the United
States against r. G. Enrgbt aud j. s. Alien. IN Witch
q motion for a new trial was made OH "Wednesday,
have examined the question and mud IL similar To
Sinnr nig trial md nfatta-
ion SO clear as To make 1t unnecessary for any eabo
rate remarks. lind no error in the trial and must
deny themotOn.
The District Attorney then moved the sentence Of
the court upon the prisoner Enright.
SENTENCE or X G. ENHlGHT.
Enright, you have been convicted OF conspring
with other persons to defraud the revenue NJ the
United States and connivIng at the execution OF
fraudulent bonds. Have you anything TO say before
sentence N passed.
Enright-No.
Judge Benedct-The charge OF which you have been
convicted IN Of the most serious characters 10 h that
Of obtaining fictitious persons 10 execute fraudulent
bonds whereby the government has been deprived Of
the security the law demands You have been tired
carefully and found guilty. and the court in
that verdict There Is no doubt cn the evidence that
you did deliberately allow yourself 10 be used by per-
sons In demanding the government. You were not in
Office, but citizen, owing that obedience to the
laws which every citizen owes. The court Is OF
opinion that the sentence should he confined to the
thrteth section of the act. The sentence isdat you
be imprisoned eighteen months and fined s2,5oNand
remain in prison until paid the term TO be served in
the Albany Penentiary.
SENTENCE or ALLEN.
The District Attorney moved for sentence in the
case OF Allen.
Judge Benedict-John $. Allen, you have been con-
vcted OF connving az the execution OF false bonds
and conspi1ng with other parties to defraud the gov
ernment What have you 10 say that sentence should
not be passed.
Mr. Allen-I am innocent Of each and every count
IN theindictment; say this with all seriousness.
Judge Benedct-it Ii charged that You. as Deputy
Collector OF the Third division, did in your official
capacity receive bonds and certify rs TO the validity
OF these bonds. You were charged with having re-
ceved false bonds with certifying To their having
been before you when they were not taken before
You, and have certified that you made due inquiry
and satisfied yourself that the parties were good and
sufficient when such was not the case. THIS case
was presented to intelligent jury and they found
Won guilty, and the court concurs with the jury.
can be no doubt In the evidence The remarks OF
the presiding Judge applicable to you but sua
not attempt to repeat them. Your Oncnce IN the
opinion OF the court Is great one. You were, how
ever strongly recommended to the mercy OF the