The New York herald., 1869-01-08
NEW YORK CITY.
UNITED STATES CIRCUIT COURT.


TEE COURTS.
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UNITED STATES CIRCUIT COURT.
The Dupuy whiskey Case.
Before Judge Benedict
xne United States Us. Noses Dupuu and Jac00
DxDuu-The defendants sbrothers) In this case are
indicted for that they did, the 18th and 10th days Of
Nay 1869, knowingly and wnfully rescue and aid in
rescuing nty barrels Of distilled spirits from dis
tilery In Forty-nfth street. which was at the time
under seizure by and In possession OF collector Of
internal revenue for alleged violations Of the Internal
Revenue law.
Mr.. Ben, Assistant United States District Attorney.
opened the case for the government, detailing the
points Of testimony which he would present nom the
hps OF the witnesses.
The accused are defended by Mr.. Knox, Of the firm
q Fullerton Knox, and Mr.. E. D. Mccarthy.
TESTIMONY FOR THE PROSECUTION.
Henry l. Jewett, revenue inspector, deposed that
he knew the rectifying distilery on Forty-dnh
street, these premises he SEIZED deputy collector
on the llth Mays on the 18th 18th turned over
rectifyng house to Collector O'Caaghan; on the 14h
Nay detters handed to witness) wrote these letters.
Q. What property was in the rectifying house
when you turned IT overS A. Ffty-three barrels OF
splrits and about ooo gallons as we estimated t IN
or AS6S gallons.
by Mr. McCartay-Mr. Field was the Collector of
the Sixth district where these premises were
located; made the seizure by SPECIAL authority
1r0m the Internal Revenue Commissioner; my
commission as revenue inspector authorized me
% make seizures out OF my own district uhe
SIXTH; Mr.. Dessendoffer was on the premises at
the time; he was the ostensible owner as under
ssOOd; recommended that the rectifying establish
ment should not be libeled; the whiskey was in the
rectifying house; saw the defendant. Jacob Dupuy,
nue. inspector named Carter; have made few seiz-
nrcs from information received from outside parties;
some Of the proceeds arising from such seizures.
z. Do y0n not know that Dupuy was employed by
Garter to give him. as revenue officer Information on
which seizures might be made and were mades
Mr.. Bell objected TO the question.
M. Mccarthy explained the nature Of the question
Information Of ali illicit acts on the part OF rectlfying
distiers that might lead TO seizures and to show
that u was 10 consequence Of the arrangement that
question on the morning OF the seizure.
The Court thought the question immaterial but
A. Saw Dupuy in the neighborhood Of the distil-
lery; 1t was on Fortyourtn street; had few words
Q. Did you ever receive any information from
Dupuy upon which you ever made a seizure A.
by Mr.. Bell-what conversation had you with
Dupuy that morning2 A. was walking from the
dstlllery with Marston when met Moses Dupuy;
was going over there for some Holsters and whiskey
Aarston said, I'VE have got all the Holsters and
wniskey to be had this morning, and you may as
VIM. r. Ball, clerk In Collector O'Callaghan's
oice, testified to the rectifying establishment re-
ferred TO having been turned over to Collector O'Ca
laghan; Mr.. O'Callaghan put keeper in charge on
Jhe I4th Of May; on the 18th the Collector ordered
sonded ' Warehouse Witness went to the dstil,ery e
that morning; saw eighty barrels there which were
removed the same morning.
Bernard Bernard revenue inspector in the Ninth
district.Was on the premises In Forty fifth street,
after their seizure the 10th OF My; Mr. OCallaghan
n m
two Keepers there; ordered trucks and saw the
spirits removed to bonded warehouse IN Fiftyfourth
street; thinks the barrels were gauged.
The witness was not cross-examined.
Thomas O'Callaghan Collector OF the Ninth collec.
property seized at Fortyfth street; he received it
and reported It on the 14th, and had 1t removed to
Cn
ever to HIM that were removed to the bonded ware
house.
Samuel Frazee, truckman-was engaged TO re-
move whiskey on the 10th Of May from the distiery
On Fertyfith street; removed some on the 18th and
who engaged him; received the order 10 ride some
hqcor from the distilery in the oce went the first
time Friday about i've O'Clock In the morning, and
On Saturday went TO the same place about three
o'clock In the morning; had two trucks on Friday
morning; saw one or two other trucks there; the
Of the river; removed In the neighb0rhoOd OF twenty
I'VE barrels on Friday; took them to the Harlem
ne Sasr @ r Ss IoSn tares % @ rsqos sde
mol 70 the depot; we LEFT them on the track; took
two trucks tU the dstillery on Saturday morning;
Tot the saturdays order on Friday afternoon; on
Saturday morning Moses Dupuy was there helping to
Sosd the barrels he then loaded with came from the
sde o. the building as before; removed that morning
z. Who gave you directions as to the removal OF
these barrels. where you would get and where you
In the Office.
Cross s-exsmined-Don't recoect geing into this
q. WIN you swear that you saw any barrels Of
whlskey removed from that place. A. II the place
ne servces believe nv partner wss it wps psia daSk
On saturday morning when removed the barrels.
John d. KINNEY, examined.In May, 1868. was
freight agent OF the Hudson River Railroad CON-
pany; had no personal knowledge Of the removal OF
the spirits In question; know the defendants; saw
once; he wanted me to send my trucks TO the Forty
nnh street distlery ct three O'Clock on Saturday
Morning; Dupuy told me to send my truck there ai
thai hour, and did s0in pursuance OF this order:
understood the order 10 mean Baisdell's distery In
F0rty-nfth street; removed spirits from the same
dered the trucks for the removal OF the whiskey
the previous day; the trucks were to be ~ the
morning; BIalsdcll was in company with Bininger
NJ the time; Dupuy came the next day alone and
ordered the trucks for Saturday morning; under
trucks on both occasions to the same place. as d.
rectcd; there was nothing said TO me ~ to who
would be at the dlstfllery on either occasion.
BY MIR. McCartny-Am quite sure that Dupuy
called on Friday; Binngcr and Baisdell had Dre.
vionsly gwen me directions to send the trucks; was
paid for my work IN the matter by Leipsger don't
know who Leipsiger IL; do not think mentioned
Dupuy's name at my examination or In my aflidavit
tAdmitted by defendants' counsel that the Dupuys
Were present at the rectfying distlery al the re-
m0yai Of the whiskeyl
II was on Friday that Bininger and Iepsiger
called; Blaisdel came afterwards on the same day:
Dupuy said nothing to me about the way Dill that
recOllect; he mighs have spoken OF II.
BY AIR Dell--BinlnRer came TO my Office before
DIpGy Oh Friday; don't think that at my interview
with Dupsy that any reference was made TO Bininger
by Dupuy.
John Butler, truckman, examined-Carted some
barrels Of whiskey from the distllery I'm Fory-nfh
street ABOUT the middle Of May last carted on two
occasiOns Ia that month; Friday and saturdays Wit
went himself both OCCASIONS: went to the
the following morning at three O'Clock: an order
was LETT at my stables for the trncks. and sent
thcm according To 0rder-that some stun was 10 be
cartel from the distil.cry; knew the Dupuys; saw
5aK. ,,ur., =. =. the Fr,a., mornnc near forfe.....
street, pctwseii. Frrt' and Second avenues.