The New York herald., 1868-01-31
BROOKLYN CITY.
UNITED STATES CIRCUIT cuuar.
ALLEGED Whiskey Frnuds-The Trial Of .JoI
AN Devlin.

AuOSeo Whiskey rrn uds-Tho Trial nj John
Before Judge Benedict
me trial OF John Dev'n for defrauding the govern
meat carrying the liquor business in Brooklyn
without taxing out license or paying the special tax
was resumed yesterday In regard 10 the question
a. 70 shs Legality of trying the three counts in one
dictment u was settled by the judge ruling 10 retain
che counts.
The afternoon mostly spen. by lengthy argu.
neus OF the counsel ia regard TO the admissbilty OF
certain portions o. the lmony OF witnesses.
MI Moses Richards, formerly an assistant assessor.
vas csed 70 The stand and testified that ne vas an
assistant The Fifth division Of the Third
asrct The business OF the was 10 canvass
were orough, the 18th OF each month. list was
hade up OF the applications 10 pay aud the special tax
11a these were sent 10 20 the once OF me assessor
witness knew Mr. Devn aud also knew that he sent Ia
an application for a license.
District Attorney Tracy objected to the Introduction
Mr. Brady thought il most unreasonable that a man
uho had merely made an oral application should and
himself in the CLUTCHES O! tho law.
the District Attorney said that Mr. John DsviIn knew
che law well and knew exactly what course TO pursue
20 secure q license ana be had excuse
Counsel for The defence said this was irrelevant and
ne Court ruled
The testimony was resumed, and was 10 the enec,
shat witness vent TO the plumber shop OF Mr. Devin
for the first time May 1885, had been there seve.
bal times since he was under the impression that be
saw Mr. d. every week or month during the summer OF
Ss66; never bad any business transactions with Mr.
Oeyiin; never saw him carrying any business; had
them untH May 1867; never lent Deyn any monev nor
did Devliu lend me any.
District Atsorney-Do you know what salvage means
The District Attorney here produced a check book.
sho.ns that on August 90 81 1866 check for $500
had been paid to Mr. Richards and at another time 4
check for $3.50 had also been drawn for Mr. Richards
witness said his name was NJ Richards. but he did not
lengthy argument ensued in regard to putting these
checks In as testimony
Mr.. Evars argued that checks found in some stran.
chardz
quite foreign 70 the present case.
q sss sss p.re, Attorney Dd you no. in the sum
$700f A Not as know Of 9. Was there no person
received 500 from Mr. Dsvlln in your behalf 4 No,
Sir O. Didn't you know where Mr. Devlin kept his
cank accountf A. No. sir; heard be kept u in the
Atlantic Bank; heard this after he vas arrested.
MI. Brady contended that the introduction OF these
checks and this character Of testimony quite out Of
place. II he wanted to impeach a witness he could
book the name Of some and the forth
ahat he was paid Was this testimony? Had this any
snins M 70 40 with Mr. Devlns casei He thought noi
and the Judge was OF the same opinion.
y tog Mr Tracy) Can you tell how many distillsries
sas5s We're Were Ssr. 10 your district No. 81,
What was your dutyG A. 1t was my business to see
shat tue dstileres made correct returns Was there
q dstery in your district from which you ever re.
month";
Copies Of were here produced showing the re-
turns from Two diseries TO have been Two barrels.
Nc Evarts objected to this testimony
Mr., Tracy said he desired show that the witness
allowed the evidence
Thomas A. Murray called and testified that he
was clerk Tor Mr. Devliu and remembered going with
pim 10 May last TO register application for license
Ar Richards stated that he had blank FORMS but
would get one and send II to Mr. Devlin he sent one
which Mr. Devn got in June last the blank was filled
out and returned 20 Ne Richards
The prosecution argued that this testimony showed
nothing as thore positive proof that such paper
was filled out, and II WAS filled out, what did II con-
tanf
The Court held that the defence must show further
proof before the testimony could be admitted.
mr. Evarts thought the proof quite sufficient
Mr Richards was recalled and testified. that he knew
Patrick Burns he had distillery in Plymouth street.
BY MT. Tracy-Do you know the capacity of
that 0deleryf A. ! do not. O. Don't you remem.
Der it was one hundred and twenty gallon stIls
n. No. SIR Q. You know something about dstieriesp
"A. Yes. sir little Q Didn't you become connected
with distery after leaving tho assessorshipp A.
vent INTO one as clerk @ You kept the book A.
Yes, sir. Was not the dstery seized defraudng
ehs government
! Mr. Evarts objected and another lengthy argument
snsued, after which the court adjourned until 70.
morrow.