The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-24

Il
| June, In the year OF our lord 1903.
| JOHN A. OSBORN, United States Commissioner
| Tor the Southern District OF New YORK
SAMUEL q. COURTNEY, United states District Az
torney.
THAT afterward and on the 18th day OF June. in the
year OF our Lord 1868 In pursuance OF saiu cohspi,
racy and 10 effect the object thereof the said Edward
j. Windust representing himself falsely 70 De de,
putty marshal OF the United sta es In and Tor SAID
| Southern dsirict OF New York, arrested said mo
mas 4. Smith on said warrant and afierwaru ana
so a. I'm e Gay es 81 Of u New N ia further
| ance OF said conspiracy and 10 enect tue oD-
!ect thereof the SAIL Alfred A. be tSap ne,
such olicer agent and person as aforesaid did I'M
lawfully demand. accept and attempt TO collect and
did collect and receive OF and from said Thomas II.
Smith $4,000 IN money and other property OF great
value for the compromise, adjustment and SETTLE
violation OF the provisions OF the said act and OF the
several acts amending the same, as Aforesaid against
the peace OF the o9ted states ana their dignity and
In such case made and provided.
SECOND COUNT.
said, do further present that Said Thomas f. smith
having been charged with the violation OF the pro.
the easel and warrant FOR the arrest 81 the said
Thomas z. smith having been issued on tho 18th
day OF June, 1868, BY John A. osborn, he the said
State Commissioner In and for the Southern
District OF New York, ana duly authorized
~ warrant sA SAID Eam an Fu s9 s
Jacob yepuy, Alfred A. BE KNAPP, Daniel c. Birdsall,
Edward J. windust, together with divers other per-
sons whose names are 10 the jurors unknown, late
Of the city and county Of New York. In the district
and circuit aforesaid heretofore, to wIt-On the lItn
city OF New York and within the jurisdiction OF this
court, unlawfuly and c0rruptly did conspire, COM
Alfred sosnsp s sad Beln sa
then being an officer and agent OF the United States
and person charged with the execution and with
the supervision OF the execution OF the provisions
or said act, and OF the several acts amending the
same as aforesaid, but having no authority to de-
dectly as payment or gift or otherwise, any sum
OF money or other property OF value, for the COM
PROMISE adjustment or settlement OF any charge or
complaint FOR any violation or alleged violation OF
any Of the provisions OF said act any or the acts
amending the same as aforesaid, should unawiully
lect Of and nom said Thomas Z. Smith, as pay
ment, $4,000 In money and large amount of other
Compromise OF the said charge AMI Complaint for
the alleged violation Of the provisions OF said act
and OF the several acts amending the Same afore-
said, then mado and pending against the said
Thomas L. Smith rs aforesaid he the said Alfred A.
Belknap. then and there having no authority In
same as payment gin or otherwise. And the
Jurors 90 further present that, IN pursuance
ana agreement and TO eject the Object tnareo
said Alfred A. Belknap, afterward, and the 18th
day OF June In the year OF our Lord 1865 at the city
OF New York, ana demand, accept and attempt to
collect OF him, the said Thomas +. Smith, the sum OF
$4,000 In money and other property Of value, for
the compromise adjustment and settlement OF tho
said charge and complaint for the alleged violations
Of the provisions OF said act and OF the acts amend
Ing the same % aforesaid against the peace OF the
said United States and their dignity and against the
form OF the statute or the said United states such
case made and provided.
THIRD COUNT.
And the Jurors Aforesaid upon their oath aforc-
said do further present that the 18th day OF june
make lis complaint and afdavit in writing, before
John AZ Osborn. Commissioner OF the United States
Circuit Court IN anc lor the southern district Of
Ing lawful authority 70 take such complaints, in
which AFFIDAVIT tho adiant charged Thomas
Visions Of sss scs snsisa An 'n act pro 70
provide internal revenue, TO support the govern
proved June 30. 1864, and a. IN frst couns in this
that said Thomas E. Smith had heretofore in viola
ton Of tho provisions OF said act and OF the several
acu amending the same a. aforesaid, unlawfuily
and corruptly conspired with one Crop and
| one Etckhon. Newhouse and Others, to defraud
| spirits. and did at divers times from May,
| 1857, to May, 1858. while Collector OF Internal
Of the State OF H New wv York knoMnSly and ccrrapty
| accept and receive various sums OF money a. bribes
| from person and persons named In tho said COM
| plant and af1davit, and in violation Of the sixty
| second section OF The United States Revenue laws,
approved Juno go 1854 and acts amendatory thereof
That the said John A. Osborn did thereupon issue
his warrant dated the 18th day OF June 1865 under
his hand and SEAL TO- the arrest Of the said Thomas
having lawful authority TO Issue said warrants and
the jurors do further present that William Fullerton
facos n'p1y Alfred A. ssanap Daniel G. Brasa
sons whose names are TO the jurors unknown fate
OF the city ana county OF Now York, in the distrcs
day OF June In the year OF Lord 1865 she city
OF New York and within the jurisdiction OF this COURT
did corruptly and unlawfuy conspire, combine, con-
fedsrae aud agree together corrup.y ana By threats
and force TO Obsruct ana impede, and 70 endeav0r
justice in the matter OF the said complaint made be-
fore said Commissioner az Aforesaid, and then and
there pending against the said Themes 8. Smith, be-
fore the SAID C0mmLssio In the United States
circuit Court In and for the Southern district OF New
York and In pursuance OF such conspiracy, conn.,
the object thereof she said William Fullerton. Alfred
A. Belknap, Jacob Depuy and Edward J. Winduss,
dld conceal and keep from tne Attorney for the
New York the fact that complaint had been made
and . warrant issued against the said Thomas h.
ney nom being informed Thereon; and they the
said William Fullerton. Alfred A. Belknap.
obtain sDia warrant from saId john A. Osborn and
did keep the same from the possession or knowledge
OF the United states Marshal In and for said southern
district OF New York and did advise. persuade and
induce SAID Thomas 4. smith 10 run away and do
part from the State OF New York, and go 70 Canada
and OF the jurisdiction OF the United States Cir
cult Court In and FOR tho Southern district OF New
York ANA out Of the jurisdiction OF said Commits
aionsr and, In consideration OF the sum OF $l0 0OO
aud other property OF value TO them paid and deliv
cred by said Thomas r. Smith, did promise TO and
agrss with SAID Thomas r. smith to take care OF
said Thomas y. Smith, and to protect hun from the
prosecution or said charge and alleged violations
OF the laws Aforesaid, against the peace OF the said
United States and their dignity. and against the form
OF the statute OF the said United states In such case
made and provided.
FOURTH COUNT.
And the jurors aforesaid, upon their oath afore.
said, do further present that said Alfred a. Beknap
being an or1cer OF the United states, and holding
place Of trust and profit and discharging official
function under and in connection with the Treasury
Department Of the United states, and being charged
~ such oflcer with the investigation or COM
plants made against persons for violations
OF the provisions OF An act entitled, AN
act 20 provide Internal revenue 70 sup
port the government, to pay interest on
the public debt and for other purpoeesr approved
June 20, 1894. And complaint having been made
against one Thomas E. Smith, late Collector OF inter-
nal Revenue for tho Eighth collection district or ho
State Of New York, charging that sad Thomas ~
Smith had conspred with other persons 10 commit
IN offence against the laws OF the United States and
for having ~ such Collector accepted and
received brides from various persons In viols-
tton Of the provisions OF the sixty second
section OF said act OF July 10, 1868; and
the said Alfred A. Beknap having undertaken In
PURSUANCE OF HIS duty ~ such officer the in yestn a