The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-09

4tn OF and nth OF February saw whisky delivered
az o distierytiye barrels on the 4th and fourteen
on the 9th; two OF these fourteen were branded the
L1p heads OF the other twelve were not branded
didnt know where the spirits came from; on the
llth or February saw 20 barrels OF spirits delivered
took notice OF the top heads OF the last ten barrels
and saw there were no brands on them; the barrels
were unloaded and rolled into the place Ill Christie
pner streets there were two men on the truck; both
lelt on the truck when 1t was unloaded the second
Time; followed the truck TO 4o7 West Seventeenth
street. The testimony OF this witness was similar
though briefer than that given by Verplanck he
having been associated with the latter In watching
the dislilIery and following up the parties who mad
Nothing important was elected in the crossexam-
nation Ot the witness.
The prosecution rested.
OPENING ADDRESS or COUNSEL. FOR TIE DErENcr
i, Mr.. ii. l.. Clinton then proceeded to address the
jury on behalf OF the claimants. lie said that a
good deal OF feeling had been enlisted In the case
and the whole machinery OF Collector Balleys office
and OF that OF the District Attorney had been
sible, the condemnation OF the goods in
question The great injustice in a these classes
OF cases was that the burden or proving
that the goods seized were tax paid rested with the
claimants. In most cases. where the greatest care
and exactness were not observed in transacting tho
this. With regard to original packages 1t might he
easy to prove whether or not the tax had been paid
but after the removal OF the goods for rectifying
purposes, after their sale, in many instances, and
their passing into several different hands In broken
and separate Quantities, II was impossible to prove
that tle tax had been paid, although such might
have really been the fact. No matter how arbtra-
rily or caprlciousy seizures may have been made
made, perhaps, upon false ailldavlts-the govern
ment had nothing TO prove beyond the simple thing
that the goods were not In q bonded warehouse ~
the time 0i such seizure.
MIR. Clinton SAID that fortunately the claimants
were provided with proof that the had actually
been paid on this very lot OF spirits sought TO be
condemned for Its nonpayment; that the barrels
containing the spirits had been ali branded ana bore
ali the evidences Of proper legal inspection, and that
the evidence given a. TO the contrary by the WIT
pesses for the prosecution were utterly untrue The
.,I, ant, fur h.ar aa.I ln.
binary pains TO purchase none but tax paid goods;
that they were business men Of long and
high standing IN the community and incapable
OF taking advantage OF the complications OF q law
that lett many lo0ph0es to the designing or dis
honest man to evade successfully, but which, the
other hand presented so many opportunities To the
captious officers OF the law to narass and annoy the
straightforward and honest dealer. lie hoped to
prove concusivey and satisfactorily that the claim
ants were not only free from the suspicion OF fraud,
but that they were entitled to an immediate verdict
at the hands OF the jury.
On the conclusion or counsel's address the case
was adjourned I'LL this morning at eleven O'Clock.
The Kentucky Bourbon Company Cnse-A
Bench Warrant Issued To Bring the Defend
ants into Court.
Before Judge Blatchford.
At the opening OF the court yesterday Mr.. S. G.
Courtney United States District Attorney, applied to
the Court for order directing the clerk to call the
defendants In the Kentucky Bourbon Company case
SO that they shall personally put in an appearance in
court Mr.. Courtney said that on the previous day
when the defendants were called only two appeared
In person, all the others by counsel merely. He H.
sisted that the defendants should be compelled to
appear In person in conformity with tho require
ments OF the law, and that appearance OF counsel
was not sufficient.
Judge Batchford said that these parties must ap-
pear personally In court whenever called prelmn-
AIRY to speedy day Of trial. and not by counsel only
The clerk then called the names of the defendants,
but only one answered in person, Nathan ID. Frost.
Mr.. Courtney then moved that the bonds of the
defendants he forfeited This the Court denied but
granted subsequent motion that bench warrant
be issued 10 bring the defendants into court