The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-05-20

Fletcher when the latter asked witness TO have
said in . hight ofF-handed manner, cunningham,
dyou go to the state prison. as they say you will.
BY Mr.. Tracy-Received no benefit but injury
| nom this transaction.
This closed the testimony Of the witness.
TESTIMONY OF A. J. DAYTON.
| Augustus J. Dayton, sworn, testihed-I store
keeper at Wilson'S warehouse; was previously In
| the employ OF Cunningham; soon after being APP
| pointed 70 that bonded warehouse heard that the
district Attorney had protested against his being APP
| the whiskey ring; heard 1t from Cunnngham; was
| told that the 200 barrels were to be removed on
nc and Mr. kue to and q
ed the whiskey; on the 18th Of May Fletcher and
Cunningham standing at the warehouse and Cum
| bingham had the permit IN his hand; he gave me
| the permit and l commenced the delivery OF
the 200 barrels three or four days later heard Of the
like to have Mr.. Backus inspect it before It was
touched went to the Office and left word for Bac us
gagged by Fletcher to inspect it for hm finding I'll
barrels, eleven barrels more than were on the re-
turns Fletcher wanted to know whether il could
ningham said he would not have anything to do
with it, Fletcher said he would make 1t all right by
taking some out OF the tanks in the other warehouse:
he had sent for his cooper the morning before and
had the them ea up from the tanks we went over
that is, Fletcher, Backus "a and G mysef-Hand
remarked to Fletcher that the eleven
barrels would get US into trouble and pu! down in
Backus' inspection the true number Of ga Ions
tained while gave q false number OF barrels by
filling In the number OF gallons contained in the 2i
barrels; Backus signed the returns and took them
out and gave them to Cunningham, who said that
he would go and get the papers; on the oath re-
the warehouse on That day; didn't go with it; ON
the 25th was at the warehouse about six O'Clock and
the balance OF the 2lI barrels was devered it was
impossible for me as conducting officer to 60 TO the
store and dc iver the whiskey; the duty OF the
offices is to go with 1t and that 1t Is delivered at
its proper destination; never received any order as
lading ottcer. (Ihe return OF A. J. Dayton to the
Collectors office for the performance Of the
Dated the return the 26th Of May and lett ut the
office some time In June; did not know that the
asked Mr. De Vea Clerk Il he had any Objection 70
making the date the 10th, the day Of the delivery of
the whlskey he said MOB; thenI wrote out the re-
turn the back OF the order so as to make II ap-
pear that it was on the original set Of papers.
District Attorney-So All barrels were Issued on
order issued for these removals9 A. saw no other;
saw Assistant District Attorney Allen the 25th OF
May, and the 27th was in the Collectors Office
Letter from the District Attorney on the oath OF
May telling witness to appear at Collectors Office
was put In evdence.)
May went to the oice and received my salary from
Fletcher as the s.orekeeper Of his warehouse.
nected with the distillery which was seized on the
25th by Mr.. Staggs A. Yes sir; had a CONVERSE
should build new warehouse in the district, wien
he might be able 10 fad me someth ng to do.
.. Have you ever received any assistance from Mr..
Callic0tt since this transactlon or from any OneS A.
Not from Mr.. Call colt.
Oh ected to. Objection sustained by Jude Nelson
Q. Did you make application for your position In
Wilson'S warehouse either directly or indirectly, to
Mr.. Callcott2 A. No. sir.
O. HOW did you hit upon the 10th in making this
alteration In the orderS A. had forgotten the date
Of the original permit
ing you alter the date he not doing anything
towards furthering an error A. No, sir; can't tell
jected to my appointments; looked upon 1t as joke
and not as o serious objection; first heard Of 1t
was s e%eoea IN the Ree
nue. Department, under Collector Pratt, in
1899, upon The recommendation Of Mr.. briggs
did not understand that was retained by Callicott
at my fathers solicitations; on the 10th Of April was
appointed as storekeeper in Alex. Cunnlngham's
ap i'e on the eth of Nay when was At the
psd By but
positive that 1t was on tina day; gentleman OF the
name OF Miller succeeded me In the office OF store
keeper; never saw o permit which purported to be
TESTIMONY OF q. J. HARDY.
George J. Hardy, sworn testified that he was
quested to prepare the Hand bond by Cunningham;
he came to me and told me he desired to get up the
OF the Collectors ONCE; he asked in what name
should put 1t, and he replied 1t was immaterial to
house, Ss a who said he had couple Of bonGsmen who
were good, and that he would bring them to me; ne
brought me Mr. and M Mda ne said he he
then returned and brought me the papers pur-
porting to be acknowledged n. by his his father;
distinctly asked II they had read the affidavit on
form thrrtythree they swore to 1t before Allen and
obtain the permit on the assurance from Cunning.
ham that 1T was all rightly Callicot said he would
ss % De ana nos Se &
satisfied because did not get the permit, and he
said he would see McMullen that night; within q
went to the coiestor's once and called for the
tInn
belongs to your friend;" he looked OF it and
s i s asu ne ns ap
cate Of the permit with the remark that they would
send lsdng officer to see to It; then gave the dupli
ONCE received nothing whatsoever for my services.
O What was Mr.. Calllcott's reply when you told
Q. Did that remark OF yours come back to you
againf A. It came back from Mr.. Cunningham,
''why the devil i spoke about anybody in South
BROOKLYN" said on account OF my inquisitiveness
s. here aent I'm g., sne No known 1s as tne Al
Of whiskey from Osborne's warehouse to No;
Little street, Tne sherman SOnS was executed sSd
that they would remove the spirits to the rectfying
house for redistllation; went to Mr.. Callicotts
and Henry 6. Lenox purport to be suretles; think
| Mr.. Jone, brough. me the papers alrcady signed;
rsG % M
| next morning and was informed that The permit
would he granted and would send lading onicer to
tiers' bond OF Benjamin Featherstone was executed
| by me: the amount OF the bond Is $4,000, dated
Nav 81: don't think went nth either OF those sure
| ties to the Collectors Office; the signatures Of
| the suretes, John Martin and James Will
| son. were attached IN my presence; the
| distilers' bond Of Patrick Breslin, same
date amount $4,000, sureties James Thompson and
John Fulton; was executed before me; the bond Of
| sureties John Casey and Jacob Schopel, was not
| signed before me; prepared 1t; don't recollect
| whether went before the Collector with IT. en-
ployed Mr.. W. n. walters once, think, to take the
papers to the oce he might have gone twice; those
| were all the bonds put In.
Crossexamined-Have drawn mp bonds and ra-
pers for the last three or four years; any person
| applied to me I would make them mp; have pre-
| bond was in conformity TO the requirements
| OF the law; saw nothing special when
| the Jury on the occasion that I went with