The New York herald., 1869-01-14
NEW YORK CITY.
THE COURTS.
UNIFIED STATES caculI cuuaI.


- The Jury-yerdics, Guiity-The Prisencrs
Rensanded for Sentcncc--Mssion for . New
Trial.
Before Judge Benedict N
The UniSsd Statss us. jacob DtspsW 0nd Noses Lst
puvThs case which has occupied the court from III
commencement on Monday. was resumed yesterday
morning by the Court charging the jury TO which
point IL had reached the previous evening. The
court room was very much crowded. there not being
vacant seat within the bar and hardly standing
place without the interest with which the case has
been followed from the FIRST having seemiDgIy cui'
minated IN anticipation OF the verdict The, Judge
charged the jury at considerable length, and that
body having retired and denberatsd for about an
hourand . half came Into court with unanimous
verdict against the defendants. 5s1.f IA F.eN
This result is looked upon az q sort Of opening
triumph by the prosecuting oflcers and the internal
revenue authorities who have been most active in
breakiug mp the whskey ring frauds against the
government and gives them confidence in pushing
who are on the criminal calendar for trial before
1he United States Circuit Judge during the present
Judge Benedict took his seat promptly at eleven
O'Clock and proceeded with his charge
! ,".-. u.,-l CHARGE 70 Fm 2yRY. e s.1
This prosecution arises under one or the statutes
bcl0ns To the class OF 0ffcnces under the revenue
laws Az you are ell aware one feature In this law
and Its subsequent condemnation BY proceedings
IN court ana thereby tnntcting punghment Onend-
en-, y % nope O. Uss s f.
ures Under this clause OF the act there Is from tame
70 time very considerable amount q property IN
These seizures are often necessarily made ct angular
places and at dubious hours and most frequently at
be thrown around the officers IN the execution OF
their duty And therefore the law is framed to
protect a. far possible these parties not only by
but &c Is authorized and empowered 70 cali to bis
AID the regular police and other constituted author
nCsrs whether While in course : Of M removal to the
Cer i prossStsS BY the the provisions ~ Or ins law wi now
erty once seized and IN the hands Of the revenue
Of1cen under that seizure 10 In the custody Of the
s. e s adss
person shall dispossess or rescue or attempt
70 q rescue any properly 90 seized Or OBJ
msandr. The removal Of the properly, or the aiding
fence, and by the law is made misdemeanor, and
al parties init Are principals, ana nobody can give
20 such operation Or transaction any aid or assist
onCe without bringing himself within the pufview
oI the STATUTE The provisions OF the statute ap
plcable to all classes Of men and 10 all kinds OF ei
chant Of ANYBODY Whatever can nterisrs with this this
undsr the s as
T. o% one to saG W
= fine Of from one dollar to dve hundred dollars.
s cr hsr e s ns e
Sct which y made punishable under this statute;
:SS sH y your & day w as'is s. 9ess e ca 0a
1il extrAneous matters from your mind or any mat
ter that may have crept In outside Of this particular
rescued OF dspossessed the collector Of the Ninth dis
tgct 2f TINS property Or aiJed or assisted ~ doing
are committed o. % white but very few ~ great Offenders
Are punished. But that has nothing to do with this
case. Your duty and mine is 70 enforce the law IN
responsible Il these men, being guilty ON the eyi.
spo:s aSs dsso N any
NOR viii You omit to nnd proper verdict because
other psTties are not punished, Whether they are
ministersd In this particular case. So too, you win
their occupation. II have allowed them TO
prove theiF occupation, and they are not 70 DC
oonasmned Or Rrs!udsedh hndu, y Xonf minds Sy
duty or every man to give Information Of fraud when
suc6 Information " within his power; and Il all re-
ail the fnfOrmation within their possession these
ofncers would not 90 frequently be compelled % act
pn information derived from less reputable sources
JUDGED in % your mind By reason Of their character
they are entitled TO fair verdict on the evidence.
III.
ron YOUR mind We come righs down to the merits
OF this Case-whether or not these men or either ol
them removed or assisted ~ removing the wnlskey
sns lssn o. issn Of May M That the wSsfsy was on
tody q OCalIaghan Is not disputed; that i was
moved from the custody OF O'CailqDhan II not dis
puied and csnnSt be disputed on On ths ss evidence NICE
whiskey. How they were there the evidence shows.
pose Of aiding or assisting in the removal OF the
property nom the custody Of Collector O'Callaghsn
u that was the purpose Of their presence there At
were not there for that purpose then they are enti,
tied TO verdict Of acquittaL Now, shall not go
Sion ssh Of s svSsncs w allow YOU to form your
own impression from the testimony. You rccollect
it. gentlemen The question for you to pass on Is a
twelve intelligent men, whether or not the circum.
stances which have been proved here satisfy you that
tins properly nom the custody Or CoIiector o'Cal-
laghan. They are brought within the puryew Of the
statute. II you believe that the dclendants were
present at the removal Of the whiskey for the sole
purpose Of watching the transaction and not TO give
hd -snd assistance In ITS illegal removal you VIII
acuit thenl. whatever may have been the connection
of Lelpsicher or Benninger with the removal Of
the whiskey, the accused, II yon are satisfied tnat
they took any part IN the transaction with the IN.
tent 20 further the Accomplishment OF the removal
OF the whiskey knowing that 1t was the removal OF
whiekcy from the possession OF q revenue ofilcer,
sSa u me in &c @
Of the whiskey was merely osensible--that they
were present for the purpose OF watching and pre-
venting the loss OF the whskey, and without intent
60 further the removal from the control Of the Re-
yenue Collector-then you must acquit them There
Is no evidence that the accused were interested In
che whiskey or derived any profit from its removal
while. on the other hand, IS the property was all
under seizure no informer's share could accrue TO
them by their Rivug Information to the revenue Of
cers OF les removal IL is therefore for the jury to
say, from all the circumstances, what were the mo-
tives which caused the accused to he present at the
disery at the time OF the removal OF the whiskey.
These are all the remarks, gentlemen, deem
ft necessary TO make. It Ia criminal
case, and the defondants are entitled 70
the benefit Of any reasonable doubt you may enter
tain. If you have no reasonable doubt founded on
the facts proved In the case, you must convict them
and leave IL 10 the government TO administer the
circumstances surrounding the case.
Mr. Mccarthy, counsel for the defendants, said: -
Your Honor, there IL one further request aSk thai
your Honor charge the jury that II they believe the
facts OF the consistent with the theory that
the defendants at the dstillery on the occasion
referred to In the testimony for the purpose OF CIV
INF fhot rn n 0fudf 1ofn