The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-02-18
THE INTERNAL REVENUE CASE At TRENTON.

THE INTERNAL REVENUE CASE At TRENTON.
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Important and Interesting Charge by Judge
Fiejd-verdIct for the Government for
100000.
In the United States District Court, at Trenton,
yesterday morning the trial OF George w. Thorne,
late Collector Of Internal Revenue for New Jersey
and his i've sureties. X. Mclaughlin tdeceased), Ed
gar B. wakeman James Kecney, r. s. Gilbert and
Samuel L. Prentice, for alleged gross negligence and
fraud in the discharge OF his duties by the former
was continued. NJ.
The District Attorney concluded his argument and
the defendants counsel submitted number OF
requests to CHARGE" after which Judge Field
charged the jury substantiallpas folIows:--
GENTLEMEN OF THE JURY-This is an action upon
the official bond OF George W. rhorne, late collector
OF internal revenue for the Fifth district OF New
said George ". Thorne shall truly and faithfully
execute and discharge all the duties OF his off1ce
@ sVs y % s1c
deputy collector shall faithfully execute all the trusts
OF his once then the obligation Is void. The con-
dion Of the bond Is three iod-it provides that he
shall truly and faithfully execute the duties OF his
office; he shall pay over to the govern
Collector a m pss' well sSa n p sRaS
the business OF his office. 1t is acknowledged that
the funlment Of the two last requirements Of the
condition was violated He failed TO execute the
specific duties imposed on him by act OF Congress.
1t the duty OF Colonel Thorne, upon nhe receipt
or application for permit to transport distilled
spirits from one bonded warehouse to another with
plicants GOOD ana sufficient bonds representing
double the amount OF the tax TO be imposed before
the whiskey should have been removed. Within two
months five applications to remove whiskey were
modity to be transported without the payment OF
the tax and without exacting suficient sureties as
required by law. These are the material ae-
cations and the main character OF the issue
are i one Of ns che most
In the United States Some idea OF the fact may
he obtained from Thorne's statement that the re
cepts OF his office In three months 81, 600 0O0
1t was district OF which New Jersey was proud
Not another district In the Union where the rev.
acter before Thorne was appointed and such It is to
be hoped II ID now. An unfortunate provision Of law
allowing whiskey TO be removed rom one warehouse
OF fraud. On the receipt OF the application for the
removal Of the whiskey colonel Thorne should have
same. One OF the most delicate and responsible OF
his duties was the matter OF transportation bonds,
which should alone be attended 20 q n,m or by
sponsible 1t was trust not to be reposed In asub0r
dinate. The law allowing the transportation bonds
1885, when the whole country was absolutely ringing
with accounts OF frauds growing out OF the transpor-
an 1as u this HIS
tention called to II by his predecessor Mr. Wal
lace. He knew all about bonds, as storekeeper. MT.
Wallace admOnfshed him to exercise great scrutiny
In accepting transportation bonds as they were the
only security when the goods ieft his possession
1857, las barrels or whiskey removee from New
York to Jersey City, and Thorne was applied TO for
permit to have It transported to San Francisco Cali
forna This was the first transaction OF the kind in
this onice; the first time whiskey dealer In New
York had ever sought to bring whiskey to New Jer
want to store It. There was every circum-
stance to excite suspicion In this removal. II
mort Tito II to California why bring il over to New
Jerseys How was It possible to reconcile this with
any honest purpose There was o no steamer s or
taken back again to New York. But why should
the wbiskey go to California; That fact alone
should arouse suspicion. No one would go to the
expense OF removing IL to California when the tax
at the time cost more than the whiskey. Why apply
for permit to transport II 70 California; Because II
transported TO any district other than on
the Pacific coast only two months were
allowed. whereas six months were author
ICED to eiapse by its being removed TO California
before receipt OF s arrival was required The last
bonds so altered that six months were substi-
suspicion what was the conduct OF Thornes Gar
dener the clerk, first saw the bond on his table. Tie
Did not Know now e 70. there Colonel a nor dd
pal and suretes, or witnesses, or who were tile re-
sponsble parties. Gardener told rhorne the rest
dences OF the parties were not given re told Gar
dener the matter would be attended to. The re-
naming bonds were disposed OF In like manner.
The Last bond for removal Of 500 barrels the tax on
which was $4,000. was signed By rhorne two days
before ne left the ONCE. Gardener found
all the bonds on his table. None OF tue ein,
poyes knew who placed them there Al
| Gardener had TO do was 70 endorse tnem
| file them away ana record them. Thorne tens you
that ne had nothing to do with the bonds; that
Gardener his clerk mad entire charge OF tns DIsn.
OF the business aud he assumed no resp ~
discharge PIT ne image mere aes rsea en o
ours, this faithful discharge oil tne uu.'es W
Thornes oflcef Whlskcy 10 the amount "a ,vsc
barrels, upon watch the governments Ia s,nuu .reI
| TO $4,000 was brought from New i0rn, IeSe.sen
by Thorne In Jersey CITY, and as soon ~ .ne
was stored he grants permits for its immeuiae TO
\ movai 10 California. The Donus siv h.orT
oeived; the parties have never a o oeea corSaer
Of since. Thorne says ne aiu no, ,, cS Sscat
clerk HIS duties consisted In simply receiving tne
bonds enter them In a book and record ,neM. ral
dener reg arded II M no part OF nls duty 70 look
| after thu suretes. II was impossioie lor Nun W
have dune so Thorne never acquainted nlm that "
| waa Ne duty TO do so. Gentlemen. one Important
fact In connection with this matter enaples you 70
| ndse how far Thorne was fathful IN the discharge
~ k,s dutee Permits had been given to the appli-
i Sas,fs before the bonds were laid on Gardeners
snbie Even n Gardener had felt y his duty 70 In
,,ire int the suciency Of the sureties II was then
FOO Iafa tnink therefore, Il may be said no oones
| we're taken By Thorne when tue permits
| were granted. Was this faithful discharre
\ Of his dutiess But, gentlemen, IL II pcss.hie
! that he could have invested young man under age
himself and vet never lot Gardner know he looked
| 10 him 10 faithfully discharge the duties OF that
| oflcef II Thorne had right 70 involve on this
young man such charge, my charge TO y0u " that
he n stl Responsible for his acts lie mad no Right
| to entrust such charge - q subordinate. There