The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-01-15


ana John brfarsn.-The trial % this case. ad-
iourned nun sae previous aAy vas called ON yes-
terAy after ne disposal u some preliminary motions
end sppi.csllon&
ras defcnazntA Who were In court. we're repre-
sent.d ~ Me~sbs. W. ~ Mccarthy. W. ". beebe and
H. N. Knox, the government W District Attorney
Samuel q. ce1rtney and Assistant psssr'et Attor-
neg n. x. fhcips
Tue coars-Mr. District Attorney, proceed 9Th
shix case.
Mr.. Mccarthy -your Hcncr. there are one or two
app lcanons 10 make preisnsnzsllyi but ~caid bex
70 dsaay them an nsy associates are IN coarL
Tue courf--whaf sFN thsyr
Mr. MVcaIthy--0ns ~ reference 10 these papers.
vhlch were the s1beu o. notice N ths case before.
Que or two weeks since we ~ere faicrmed that these
papers we're On ne m the once of the Commissioner
o. Internal Rsseums. IN MsshAnston Tbey are
very important 10 the ccfcnce. ins~mach ~ they
consist u ar6aufs aad oral testimony, given m
great par ny All the witnesses fos the prosecution
The Court Win make no order m shls matter.
IA does not apfe4r yct that va want these papers.
Mr.. Nccatsy-I make these remarks In good
faith. We seat, yosr honor, messenger 10 wash
ington 10 get cened ceples - these paperk but be
VAS upape 10 pFocsfe them. and thea counsel
syaiied themselves Of the coaftes, % me pisuic,
Attorney, Who pronsea 70 pr sace tasm here
Mr.. CourtDey--I promised noshax ~ the kini.
We have furnished yoa with All the papers ON tnc
case.
Tho court-This has nothing 10 40 wHh ths ease
here This matter sheGld have bcea attended 10
outside; 1t has nothing % 90 warn the tial Have
you any other application 70 anakef
Mr.. Nccsrth,
The Ioaft--Ahat IL ~
Mr.. Mccarthy--on behalf Of defendant Meisrcn
we desire 10 move 90 q separate trial.
The Court shall not eDtertain the motion sner
empanelmeat 81 the JURY. u ought 10 have eccn
AIR. Mccarhy-we had no opportunity, your
Honor. before. The jurs Was empApeiisd IN the aD-
the couri-iien,y Of opportunity. me motion
ought 10 have been made seiore the jury vas em-
Nr. Mccarthy regret 70 hear your Honor make
The soar.-So doubt; be, make !, noiviiassana-
ing. Mr. Phelps 90 ON VITA your opening.
ofESI>e STATEMENT.
Mr.. Phelps then proceeded 20 open tire case for the
statute enacted for the purpose u levyins and cot
lecting taxes on distilled splrtA he read the prov
the 's ACT under which the indci@saI ' was s%ea
against the Defendants and detailed me manner N
sumption of the same illicit procssdinss, = alleged,
reclifyng house, and which led TO ts seizure Sec
Ond time and 70 the charge and Indictment upon
saS that Az the pnncips dsenasns sers
the very time that he was demanding the govern
men nc - gs msss X ss 70 ne
and to secure the payment Of the tax upon this very
article OF distilled Spirits aud dlstiery as~ocis
ton was organized with the avowed purpose OF CO.
operating with the government IN ACQUIRING the pay
ment OF tins tax, Of which he tBla,sdell WAS the
The first witness called was william H. Bar
rows, who testifed-Was Deputy Collector Of the
fortyat street; visited il on the night Of e "a Of
November sunday night; that was the first time
had ever been Ut the disilery; went there with Col
1onf<.r lofIa m q ~ fhroA 1ons
out went to door Of the dstilery fronting Inc
street; there was another ONCE doors went TO the o.
hish fences surrounding it, the windows had strong
Dars the whole building was lighted up; could
knocked person came to the window told the party
that was an internal revenue Oflicer and desired 10
oSecteS
had been made between the evidence and the de-
The court-You did not object in time; must take
the evidence. 1t certainly opens wide field Of tes-
Mr.. Phelps took this course OF evidence thus far.
but was intended to prove the status OF the disi-
lery ut that time
nothing laid In the indictment till week amer. The
capacity oil the distillery fnpor ant but how the
party got In on the I'd November Is lmmaterai. The
competent to show that there was such distilery.
Q. iou got into the dIstiiery that nightf A. Yes.
apparatus machinery for grinding mash found a,
government cistern room; found In the cisLosn y
government lock improperly put on; II was not pro-
State how il was improperly put on.
Lock handed to witness, who described the work
ing OF the lock; the regulations required
wltaess-Tne lock had the inner ha,p open; when
properly adjusted piece Of paper With tue Inspcc-
TORS name Is inside the nasp, and n tempered with
the paper broken; there was no paper paper
seal IN the lock- the whole OF the premises are inside
O. bid You visit the rectifying house that night,
A. Yes; there Is a space between the disiiery aud
M a
was what purported 10 be water tub.
Mr.. Mccarthy objected to the style OF the answer
The Court-Staie what you saw. There was pine
on which a faucet could be attached; examined the
through the dIstllcry wall and through the ground
up to this tub; got light and examined the wall
aud found the pipe diu not go through; removed
the tub and dug up the ground and found that the
pipe led to the rcctfying establishment; traced the
Il went into the floor through little traps found n
led up pipe and into the dumping tuo OF the rec
tifyng establishment: tried the faucets n the
rectlfying establishment, which had hose attached
highly inprcgnated with highwines; noticed the
smell OF hot raw whskcy; traced IL to the tub; In
the space where the horses were kept found an
other piece OF hose pulled II out aud found II twenty
feet In length; 1t had been thrown into another tub
Of water: It was also imprcgnated with spirits this
hose had been freshly cut; examined the cistern
room and the means OF access for this pipe TO the
c.stern room; above the pipe was window through
tern room: when catercd the building everything
around presented the appearance that the distefy
pie there; found the still charged smeed the hot
beer dlstng; fire In every boiler; In the rectify
ing house. after forcing an entry, found hose At
tacned from the dstlIIery described; also found
party there only half dressed there was another
man there.
o. Did You see the defendant BlaisdelI theres
Mr.. McCarthy-I object.
The Court-AsS the question.
O. Did you sce the defendant BlasdeIl tneres A.
Not I'LL the next morning; saw HIM first as he was
looking through the window into the once; was
told that the owner was outside and wanted TO see
me: went out TO him and asked Ii he was the owner:
ne said he was; he said the seizure q personal
warfare ON him and that he would get square with
Mr.. bailey; said did not know whose the distil-
lery was and did not think that Mr. Bailey knew;
told him there was an inner once that had not vet
entered aud that wanted to go there, and " he
opened the door would conduct the search quietly;
Mr.. Blasdell came In with me aud I searched the
desk IN his presence; at this time Mr.. Bailey came
aud after Blaisdell went out: Baisdell opened
the Office desk with keys; the key with which he
opened the offIce door he took out OF his pocket.
Cross examined by Mr. McCartny-I have now
apaKen OF all | saw and heard a year aQa. I