The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-12-10
CITY 1NTELLHGEN CE.
w HI L = TX Y.
The Prosecution of an Ex-Assistape
Assessor for Alleged Frauds
How Whisky "Rings" are
Worked - Judge Cad
walader Denounces
Settlements"

with aiding and aDettlER In the ana
,conceament OF certain distilled spirits, was con-
hnud in the United states District Court this morn
ing hg,,o.oor ,no oorornn,ont called David r. Ko,,or
n distler Of Reading, VINO testified that combina-
tIon existed between himself, Tobias Barto, another
named Gron the object Of which was to defraud the
revenue. He also narrated conversation, to which
Detective Brooks was a listener in which the ac-
cused admitted his participation in the ofIense COM
mitted. -, ,-,
animation of this witness this morning. 1t was "a
folows-I was in the business OF distling from the
latter part of 1866, at Exeter Saton prior to that
Kent hotel; was at one time assistant assessor,
at least was placed in charge of dstillery; that
Was in 1866 my superior officer was A. p. Tuition;
Barto's distiiiery te Mr.. Buchs and Lavan's dist-
Iery; when left Office Tuition was still in office;
from that Office went into the dstilling business
have never said that Mr. Tuition Mr.. Barto had
learned me how to defraud the Government; have
never said that these men corrupted me, nor that
they had contaminated me; | went into distilling
while Tuition was in office; he was succeeded by Col
Alexander; ] was then running, and had been run
ming three months; my capacity was 70 bushels
had six fermentng tubs; don't know the dimen-
sons Of the tubs some days ran my full capacity
and some days / didn't; ! sometimes returned
twenty bushels and sometimes forty bushels;
not tell how often returned forty bushels; think
three times week; | could have made with my
capacity forty bushels day; don't think could
have made fifty bushels day; don't know that 1t
was made; my partner conducted that portion OF
the business; | nrst made my returns to Samuel
Olinger assistant assessor; sometimes | made
them direct to the assessor | swOre to them; not
the assistant OF Tuition was never asked to swear
to any Of them; had been an assistant assessor
and knew they ought to be sworn to, but was not
made his returns to me; / was first appointed as
sistant assessor and then changed to storekeeper;
don't know that he (Barto) ever made any returns
knew Moret before he got TO be a Government OFF,
Ger; had conversation with Morct in a liquor
store; don't know who brought it about; did not
90 after Aoret for that purpose; the first converse
ton ever had with him, introduced the subject
saw Graff and Moret and they were inducing me
ri m /
might be made out OF the district did not tell them
then how much they might make, or how it might
be made; offered to arrange to see somebody, and
see how it could be done; said would see Barto
the dister; did subsequently see Barto, in the
presence Of Aoret and Graf, and made the arrange
mentB; had talked to Barto before that; my in
tervew with MOret and Gran was in consequence OF
what Barto and had arranged we mad agreed to
make corrupt arrangement bywhich we were to brbe
the Government officers; there was no corruption
going on when ! was in office; there might have
been, but didn't know it; know Levi Stuff very
well: visit him frequently; never said to him
that the others got me into this but that Barto and
Tuition got more than did; never said anything like
that; never sent Sluf to Mr. Hoffman, nor offered
him mtney for that purpose, nor sent check to
met Moret and Gro at the Smuckcr T House w6eS ats
i kept subsequent to that interview saw BartO;
had already spoken TO Colonel Alexander; that was
after the seizure OF Barto's whisky; don't know the
time; he told me II 1t had been my wagon he
wouldn't have looked at it, as | had been
sadnT soldier been man ia the the Bar1E; ar@S who Se
would ike to punish; the next Interview
i rl-
yate office; went there, after conversation with
Barto, OF my own accord to make "ring;" there
Consented to it, met Alexander at Bartos house
Alexander had then caused the seizure of Barto's
whisky; they were then known in Reading as public
enemies; Notwithstanding that, / say that AleXan-
der went to Bartos house and made a corrupt ar
rangement with him after 10 O'Clock at night; with
the arrangement they were to have thirty cents to
the gallon; the tax was three gallons the bushe;
that was in March; the arrangement was to begin as
soon as | could start; l did start on April 0; my
CapactV then Increased to SeNentY-nVe bushels:
had nine fermenting tubs; / had the tubs in the
nrst door of the disery; it is called the cellar; my
engine was there also; my cistern-rOom in the
cellar, where six of the tubs were standing; can
not tell the size of the CELLAR think the dstillery
40 by 60 feet; the cellar was very nearly Of the
came dimensions my cstern-IoOm was a very
small One about perhaps 10 by12 feet, perhaps not
so large; l had receiving cistern there; some OF
the whisky was taken out above; did not build it
to hold the products OF the tubs ] meant to cheat
when bnilt the cistern can't tell dimensions OF
gineroom; the boiler and engine took up onehalf OF
the room; the cistern-room was built In 1866, when
started; when | began gn the cstern-room tSs was
was made, changed its size; made it smaller;
when first made my application as a distiller
didn't know what returned as my capacity; when
made the alterations did not report them to the
Collectors office; DR.. Luther was the Collector al
that time; on the 25th OF June was at Yoder's
liquor store; sold whisky to him at $3.50 gallon
for barrels in April, 1865; it was some of my
bonded whisky; the tax was So; | sold more tC
him in that MONTH that was rectided spirits which
bought in Philadelphia; bought some from John
Lavans; don't think bought from him; bought
paid him either s210 or S220 per gallon for 20 ode
barrels; sold Mr.. Yoder twenty barrels was il
Washington short time before June 25th / was a
the office OF the Commissioner of Internal Revenue
went there with Mr.. Tracy, Government officer;
had an interview with one Of the clerks; was there
one day and returned TO Reading; Mr.. Tuition
think, had then ceased to be u Government ofiicer
saw Brooks at Ioder's about 25th of June; have
never said before that 1t was the oath of June
might have said so always speak dOubtfuy; die
not swear positively that II was the Gath; lived
YodeI's then; saw Moret in the forenoon; | haC
made no arrangements with him that was to NEE
him that morning; i first met him in the ONCE
never said in my prior examination that met him a
the door, and he followed me into the oiflce More
said he would like TO see me privately; / then un
locked the door and he came in; there hat
been 0y 6lty,two dsr barrels OF y my WI. whisky seize
Invent and sold that whisky and gave security Ii
345o0; sold it to John Bresln for 81 rs per gallon
that was in the summer Of 1868, after the seizure
made, which was IN the latter part Of July 1865
that case is settled with the Government; had m,
attorney, Ml. George Barclay OF Reading: / meal
by settled, bald the aud ali costs; don't Know
how much the amount was; / think paid siXt,
cents tax; ;bd tnnS the amount was about $1,000 an'
Collector Baird, OF the Eighth district; when it wa
distilled the tax was So per gallon.
Judge Cadwalader here interrupted and said 80
doubt extremely, and say it so that the public ma
hear it, whether the officers have any power where
prosecution has commenced to do what they ca
'settlng it, am not aware OF any legal authOrlt
OF an officer Of the Government TO do TINS. don
say there s not power which may be abused SOM
where but mean rightful exercise OF it; nor al
aware OF anything that can control the proceeding
OF this court, but sometimes such things take pa(
either in the ONCE or elsewhere"
Witness continued-I paid this money some tin
ago; 1t was after had sworn In the case of Colon
Alexander; it was Two or three months ago the da
before paid IL the arrangement was made to sett
nay case; was never told before that that cou
settle it.; Oicer ever told me |. could be settled
no criminal proceedings were instituted against n
and BartO; have never been under arrest; hav
never been troubled by the Government onicers sin
my return from washington Mr. Tracy told me
should be paid the tax and all the costs on d