The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-01-23
NEW YORK CITY.
~~>o>S->9css~.~-~>-S<S<~~-
TIE COURTS.
UNITED STATES DISTRICT COURT.

UNITED STATES DISTRICT COURT.
The BnisdelI and Eckel whiskey Case
The Judges Charge-Thc Verdict,
before Judssee SSiaichford.
The United States rs. Alrah Bldfsdel, j. j. Ec1el
ana John McLare-The trial Of this case, the testi-
mony and the summing up OF which had been
brought to close Thursday evening was resumed
yesterday morning. the Judge charging the jury and
that body retiring to consider their verdict.
The court room was densely crowded IN anticipa-
ton Of the verdict
Judge Blatchford, In charging sad:-Gentlcmen OF
the jury the now before you. and which has oc-
cuped your attention for the last six seven days.
IL one which, in the Judgment OF the Court - as I'M
portant in the public principles involved In IT, In its
wel-being OF the community, as any case that has
ever come before tribunal OF the United States
That in the 'I present Condition OF the pubic affairs
OF this country the question OF the collection
the aSs and sS ne COLES
important imp as 1'v any question connected with
the collection Of the internal revenue.
internal revenue, the preservation OF the credit OF
the government ana the pupctual payment Of Its
debt ID the great question that concerns the United
States, and every citizen In it, and every of YOU
gentlemen Of the Jury, more than any other public
make these remarks because it was suggested to
you IN the course OF the summing up that It could not
ee ana not why s has
eo s q the sn that we we naVe the
revenue on distilled spirits and tobacco amounts to
almost half Of the entire that is collected in
the United States, and therefore any Illicit means
its tax upon distilled spirits strikes at the very vtas
OF Its revenue system. But there 10 another reason
why this case one OF great public importance. 1t
is that notwithstanding there have been many pro-
secutions both civil and criminal, tried in this court
and in other courts Of the United States in other DIS
m
recollection extends. has developed an exposure OF
the machinery-.the fraud and the perjury by which
ner In which the illicit removal Of spirits
has been carried on-far more. thoroughly and
tried under this law in any court OF the United
States. The whole Deofus oDe10ndt has been laid
and the Whole community understand exactly how
this Illicit business has been carried on and what has
been hitherto S, So little system Of
All this has been fully and thoroughly ex-
sently refer TO Of the aidavts that have been
read IN this case and to the testimony Of some OF
! refer TO the anidavits made, one by Squiers and
by some one else, from which 1t appears that this
the Cd Noyenber it appears also from the affidavit
Of Collector Bailey OF the Fourth Collection district
the place was seized, the same thing being referred
to In the affidavit OF Squiers and anOther It appears
that while the public officers were entirely satisfied
that whiskey was being carried from this disery
to the recfying place by means OF hose attached to
tins pipe with The goose neck, called hydrant in
the wskey was drawn OH from the receiving cistern
In the receiving room was not arrived
You, Till the facts came cut in the course Of this
trial. The idea was that the spirits were drawn or
~ means o. nose asached 70 te ton o. tne cis
down TO the hydrant in the yard, from whence 1t
passed into the rectfylng house. The idea was that
the whskey was raised from the cistern by means OF
some pump or siph0n, or some apparatus OF that
sort, to get up from the level and then run IL OF
by the force OF gravitation That the idea first
entertained OF this running or operation; but,
II the testimony given ON this trial Is TO be
supposed or suggested in the afdavits that have
been read to you that the way In which the spirits
were got out OF the cistern room was by opening
door and by the attaching or hose to q cock, which
only supposed to be used ordinarily for the draw
Ing oil Of spirits under the in pection OF government
and then honestly designed to be put into the mar
ket f.r sale. In this aspect this case s important;
for II the evidence Is TO be believed 1t shows pre-
ciselv how the thing was done.
Judge Biatchford then proceeded at great length
jury 70 the more important points bearing on the
case, whether for or against the defendants, aud
concluded very lengthy charge as folows:-
II you. gentlemen, have any doubt-any reason
able doubt-on the evidence OF the guilt OF any
OF these defendants under any one OF the charges
you win give TO that defendant the benefit Of such
doubt. You will not decide the question on the pre-
pondcrance Of the evidence as being for or against
oil or any OF The defendants; but II you have
sonable doubt founded on the testinony--not
founded caprice, or notion theory,
but doubt . founded on the evidence ~
the individual defendant, in regard TO any specific
offence the benefit OF that doubt--the benefit OF an
acquital. And now, gentlemen, l submit this lni-
portant question TO your consideration. You will
not convict any OF these oeause other men
as guilty or more guilty have not been prosecuted
and convicted. Nor will you acquit any OF them be.
cause Others as guilty or more guilty have escaped
We the Court and the Jury, have nothing to do. Nor
have you gentlemen anything 10 do with the conse-
qucnees which may follow u convection. The simple
question for you to determine, under the ruling OF
the Court Il, whether the defendants are or are not
guhty OF the offence which the law defines The
punishment. within It's proper discretion Is connded
20 the CONT and the exercise OF the parlonfng
power, conDdcd 70 the Executive, Is % matter
VITA which jurors. VINO are sworn to con-
sider only the guilt or innocence Of the
deicndants, have nothing whatever to do.
And doubt not from The plflcnt Attention YOU have
given the case and the thorough manner IN which
Ii mas been tired throughout the examination and
the cross-exannation OF the Witnesses, and the able
and elaborate manner IN which Vt hes been summed
UP by counsel on both sides, and from the Courts
review OF The youlllnous testimony that has been
taken AMI a.. gentlemen, ! DOUBT not your minds
are fully Impressed with all the material and I'M
poriant points in the case, | repeat have
doubt That You wi do justice TO the government aud
to the defendants.
The jary were then gwen in charge Of deputy
marshal, and retired Tor deliberations.
al i've O'Clock, not having reported TO the Court,
the marshal was directed 10 supply them with re.
freshmeuis, win orders that AZ ten O'Clock, should
they have agreed or desired TO report ~ the Court
tie Court and counsel 10 be Informed Of the fact
wnen the Court would he relssomJicd; II u. tnat
hour they hail not agreed they were 10 DO locked UP
I'LL night.
THE yERDirr.
At hal past 1--we o'clock ii was announced that the
jury had agreed 10 their verdict. Judge ilatchfort
was Immediately afterwards notified aud tho Court
was reopened. Counsel for the defendants did not
appear I'LL nearly an hour afterwards.
The jnry then came into court, when the foreman
handed N written verdict finding the derendauts
.Alvah Baisdell and ]. u Ecxe, guiity on ali the
counts with the exception or the third and seventh.
relating 10 tue keeping Of q rcctiier's book. aud
John AcLaren Rullty OF aiding and abetting IN the
removal of tue spirits and recommending Sile latter
TO the clemcncy OF the Court.
The jury being poied each Juror found ini-
yldutllJ ~ ABOVE.
on application OF defendants counsel the Court
said 4 would TX the time for passing sentence this
morning.
The prisoners hen removed ami the Court