The New York herald., 1869-01-22

tcrs between the government ana these DEFENDANTS.
IL is a notorious fact, one which every good citizen
regrets that since the commencement Or the war
for the rebellion It became necessary to adopt
nr taat system ea frauds Of an ~ enormous c de-
gree have been committed agaidatthe government
and It's lava And we all knoY teat on no article Of
extensive commission Of fAnds as there has been
the article OF distilled spirits Congress through
has been saken from the taxes e Of the Country
through the Of these whisxey frauds
over seyenty-9vs millions Of dollars. And. gentle
Of the frauds perpetrated in this one solitary case
from actual figures so plain that lie who runs may
that over half million i 'D Of dollars has
been defrauded by these parties, IN this partlcu-
lar case; that the estimate OF the committee OF Con-
year Is too low an estimate. As this has become
prominent case and the attention Of the community
shall occupy larger share OF your time than in an
ordinary case would be necessary, in the hope Of
showing to the community again through the press
perpetrated by these defendants Blaisdell, Eckel
and McLaren, and Others
Who are these defendantsY What are their ante
cedentss Are they from their antecedent the men
that would be presumed or suspected to enter upon
the business Of dstlaton except for the purposes Of
deiraudlng the g0vernment-defrauding you and
and every good citizen that pays honestly the taxes
imposed upon nims These men had no previous
there be between manufacturing pills and plasters
and boiling rat the previous occupations OF these
Mr.. Courtney then read the twenty fourth section
OF the Internal Revenue act providing that every
person engaging IN the business Of . distaller or
the district In which sucn business is to be carried
on describing the names Of the person or persons by
carried on, &C., and then proceeded 10 read selec-
tions OF the testimony OF the different witnesses for
the prosecution, most important AMI material to
the case for the government. Having closed his
resume Of all that appeared to him material to
the prosecution, he proceeded:-He would now
whskey made In the distllery for the short period
the dstillery was IN operation the tax legally due
pon the q auetty eat Of spirits % distilled BY the firm
that could not err, deduced from testimony that
could not be disputed. On the second run Of whis-
fIom the recommencement OF operations until the
second seizure the amount OF tax due was $224 40o0
This was the sum due from honest men to the govern
ment-money designed and intended for the support
and maintenance Of the government under which
we live and which undertakes and Is able to extend
the agis Of its protection every citizen OF the
republic insuring him the inestimable blessing Of
life, liberty and the pursuit OF happiness. How,
gentlemen, DO these favored sons Of the government
assist In STRENGTHENING the government They owe
the FIRST engagement but they meet their indebted
both runs $42,soe, leaving defcit OF which they
is not this q startling exhibit 70 present to
your s It not amazing that these defendants, in this
@ one establishment IN this brief period Of time some
cials. should be permitted to defraud the govern
ment in those six weeks OF over hair million Of
exhibit Of the results Of these frauds you could not
gentlemen have anticipated such an exhibit as
up '' % was " startled "n myself % And y it u & only y
men like these with resolute determination
and well considered scheme for defrauding the
government wholesale that could have the audacity
to come into court to defend their frauds and submit
to the ordeal Of public trial and the verdict Of
twelve OF their fellow citizens-submit to the con-
tumey and disgrace OF certain conviction sentence
and punishment. Their audacity eliminates in
damnina testimony '' which q they @ must have known %
the government was IN possession OF, from the lips
OF their own tools and dupes they come into court
with the running or Of Of the the whiskey that
they were merely the owners OF the premises. and
had nothing to do with the business carried on
therein. In this their impudence Is nearly great as
the iniquittes they have perpetratcd II every wit.
ness that appeared on that stand had lied from first
| incontrovertibly prove that these defendants,
through their operations in that distery, and their
amount Of spirits distilled by them, have defrauded
| the government In the short space Of six weeks
| I do not propose gentlemen to occupy your time
much longer, and in few moments more will leave
the case with you In some other respects the case
is very important one. 1t has excited great deal
OF public attention, but this, OF course, has really
nothing to do with the case. II Is not he tried by
by the law and the facts-the former the learned
Judge VIII expound to you; OF the latter
| you are IN tuu possession from the lips
Of truthful witnesses. ask for no par.
| tial or unjust decision at your hands, but
| we demand that rigid and impartial justice shall
| be meted by you. regardless OF all consequences.
II you believe these men are innocent OF the offence
CHARGED In the Indictment, you. ~ honest and mp
right men, will acquit them. II, on the other hand,
you believe the has been proved against them,
do your duty, rs l know you will, manfuly,
| faithfully and fearessly Let nothing like the
| thought OF what the consequences may ne
\ to those defendants have any lodgment In
your minds. With the consequences, what
/ ever they may be, you, as jurors, have nothing
to pander with his oath and debate upon the
quences Of faithful discharge OF his duty, that
ment he violates the sacred obligations he assumed
when he took his oath. and from that moment he be-
comes not the arbiter between the government and
the accused but the alder and abettor IN the crime
himself. The consequences belong to the law; the
/ law imposes upon the oYender the consequences OF
| his crime, and upon the Judge on the bench the
solemn duty OF apportioning the penalty according
| 70 the degree and quality Of the offence.
now leave the case IN your hands, gentlemen. In
the language OF distinguished general OF the late
war, in address 10 his soldiers "Let your action
be short, sharp and decisive" And. again, In the
language OF the great captain OF the age, our Pres
dent elect IN his attack upon Fort Donelson "Le,
there be unconditional surrender BE you, gen
tlemen, faithful to the laws which we claim that
these men have violated. ana shall have no fear o
the result.
| Mr.. Courtney consumed within few minutes o
his allotted two hours In hts summing up, and when
adjourned tall this morning at eleven O'Clock wher
| Judge Blatchford VII charge the jury.
4 uNlTrN eTArrc rfnciY Nn,uoY