The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-05-20
BROOKLYN CITY.
UNITED STATES CIRCUIT COURT.
The Alleged whiskey Frauds-Trial Of Calf
colt and Allen.

Before Judges Nelson and Benedict.
ne United States uS. T. c. CdHtc0n ana John 8.
/1en-When this case was called on ct noon yester.
day the court room was crowded with witnesses, law
yers and the friends of the accused with many anx.
iously hoping for an acquittal and with others, on
the other hand only too ready to rejoice at convic-
ton. As has been already stated in these columns
Caltcott was revenue collector OF the Third district
OF Brooklyn city, and Allen, the other defendant was
MS deputy at the time the alleged frauds were CON-
mitted for which they were both Jointly indicted,
and to-day the fourth of the proceedings in the case
both are on their trial.
EXAMINATION OF WITNESSES DISQUALIFICATION
OF ALEXANDER CUNNIN6HAM.
Alexander Cunningham, sworn for the prosecution,
testified that he resided at $40 Clinton street; knew
the defendants, r. @. Callicot A. ]. Dayton, george
G. Hardy, J. 8. Allen and Lewis Fancher; was
owner of warehouse In this district; Dayton was
my storekeeper; know the time OF Mr. Callicotrs
appointment to ONCE; have known Edward McMul-
len for about four years. engaged in the removal
OF the All barrels from Wilson'S warehouse: paid
Wilson for the 400 barrels removed when Mr.. CALI
colt got his appointment Mr.. McMullen stated
Mr. Dewitt objected, ON the ground that McMullen
was unknown to the jury he not being known to the
fury In the indictment.
show McMullen passed as copartner, and that he
was one Of the conspirators
lowing Mr. Callicott's appointment, when he told me
that it cost 900 to procure Mr. CalicOtrs appoint
amount some Way; i rem ,rked that the price Of
whiskey was very low; he says to me '.s there no
whiskey in the bondP" and and Fletcher had some;
he said go and make o bargain with him for two
hundred barrels; afterwards made bargain
with him for forty cents gallon; this was
Mullen Of the purchase ne told me to take me whs-
key, and sad we required permit, and he replied
N VvarQ
each marked on the margin with pencil; went to
Mr.. Callicott's ONCE and showed them to him and
iwhoa" replied, "south Brooklyn-McMulien;''
he took them one SIDE, and said, 'I'll see
told him felt very indignant about being sent on
such FOOLS errand he remarked that he would see
Mr. Cailicott tonight; when ! met him the next
morning he told me "theres got to be bond for that
whiskey;'' replied, 81 could have told you that be-
lore;" he said, "Do you know anybody who would
get up the bond" when replied that bond could not
be gotten up unless Q general inspector was
when Mr. caicctt took the ocs it was his nten
tion, learned from McMullen, to make an entire
change, and he stated that Mr.. Hawey, Supervisor
OF the Second ward was to have position as store
keeper Of my warehouse; remarked that II would
not be right to remove Dayton from the place; he
and they would find place for HIM; Mr. Dayton was
then appointed to position In Wilson'S warehouse
in the place of Mr.. Robinson, who was not consid-
cred to be reliable man; conversation took
place between Mr. McMullen and myself, In
which he stated that two hundred barrels
had gone out of the warehouse, which led to their
seizure; another reason was that he was not resi-
dent Of this city; Mr. Hardy stated to me afterwards
that Mr.. Calcott had refused to sign the
had been signed; Dayton told me Of it:
Of Brown, Williams and McMuilen; Williams was
NcMulens partner In the livery stable; Williams and
Of 1885, some OF the whskey went to Beekman street.
New York; realized from 81 Is TO 81 Is per gallon;
the whole amount Of the sale OF the whiskey was
$4,000; $1,000 of the receipts from the first two hun
dred barrels was paid to Edgar McMullen: Mr..
Fletcher told me there were two hundred barrels
more and q quantity In the tanks; McMullen said
buy some more and made a bargain With Mr.
Fletcher for the other two hundred barrels; paid
him for it at one time $4,000, and ne agreed to
he agreed to deliver the whole 200 barrels; some por
ton OF that number was delivered on the morning
OF the oath, and the 25th, early as hafpast five
O'Clock, man came to my house from Fletcher with
a note, which has been read In evidence; day or
Nee to have the whiskey inspected on the oath
Backus made the Inspections; took the inspectors
ant c me- 70 sn aa
order appointing Dayton contracting officer;
think both s papers were signed, enc, by sa Mr;
permit had given McMullen on the occasion Of the
removal of the first two hundred barrels; McMullen
adding, ar you can get the old permit I can get
new one." fThe permit was produced and identified
O. =" Was the Old permit altered when McMullen
handed it to your A. Yes sir; the balance OF the
whiskey was removed on the 25th Of May, some por-
sion OF which went to Brown Co.'s; next morning
received the note from Mr.. Fletcher stating that he
did not wish any more taken away until 1t had been
the afternoon; on my return was told o. the
seizure Of the twentyone barrels Of whis.
KEY Sy Mr. ae ssa told s o
attend to 1t; said to him. Now s the time for you
to show your power he said o1 WAS all straight
told me to 20 aud the District Attorney and Mr..
Callieott; tod at the office that Mr. Hornbrocht
then went to see Mr.. Callcott and told him OF the
seizure and that Mr.. Allen would be around to see
n he ped A r sas dO S s'n once
ana entered into conversation with Mr..
Callicett when ! came anne out, Witness i here
the marks on tue barrels) then paid Mr. Fletcher,
whom me, at Suydams liquor store, the balance Of
the money due him, when he said was about the
smartest whiskey man he had ever seen-(laughterl
seventy eighty barrels were subsequently seized
McMSnn reSsss na the net
the largest sum ever paid him at any one time was
o. was McMulen i'm washington working for Mr..
Caiiicotts appointment A. don't know.
O. Did you ever have any conversation with
McMullen about organizing the Third district with
Mr.. jerks objected, and the court overruled the
objection.
deputy collector named stag coming TO Brooklyn to
straghten things up. McMuen said that the dlstil-
lers were TO be put on different footing than they
were heretofore.
O. After stagg came what was done to the dstil.
ierss A. About the 10th Both Of May received q
notice In writing, having StagR's signature as Deputy
Collector, to attend q meeting OF distlllers In the
Collectors Office; there was meeting OF distillers
held In Cacott's ONCE In consequence OF that no.
tice fifteen or twenty distilers were present; CALL
colt was there; the meeting was held In Callicotts
private ONCE; the meeting was not formal.
" organized; Stagg 1t seemed, desired 10
Confer with the dstillers stacy said there had
been no revenue coming In from the Third dis
trict that revenue should come In and those dis
Sil,ers paying would be protected; those VINO
would not pay should have their disleries stopped;
that was about the substance OF his remarks; he
said that the dstilers ought to organize themselves
for their own protection the distillers, acting on
that suggestion formed an association, OF which
witness was the first president
q. State all that Stage said on the subject OF the
distleries not paying revenue. A. He intimated as
much, that he knew the dstilers could not pay 80 a
gallon; he emphasized the words; 1.-THE government
must get revenues" cannot state more clearly on
this point.