The New York herald., 1869-01-22
NEW YORK CITY.
THE COURTS.
NlTsp STATES DISTRICT COURT


INC Blnisdell-EckeI Whiskey Case-summIng
Up OF Counsel-Thc Ribald and Llcentious
Press Of the City-The Charge 20 tho Jury
- be Delivered This Morning.
Before Judge BlatchiOrd.
fne United States as. Aicah Blafsdeu, J. J. Eckei
ana John McLarea.-The trial OF this case was re-
fnmed yesterday several witnesses having been
br0fy examined for the defence. the evidence being
manly directed to impeach the character Of the wit
ness Dessendorf OF the PRINCIPAL witnesses for
the prosecution, for credibiity.
TESTIMONY or THE UNIFIED sTArEs MARSHAL
Robert Murray-Had custody Of Blaisdel's distil-
nary last June the chief clerk kept the papers and
books, which would show when his custody termi
mated; the money which was paid for the release Of
the premises was paid in instaiments; remember
enc transaction connected with the matter.
Cross-examinsd by Mr.. Courtney when did that
sTansacton take placer A. Shortly after the sale Of
Q. state What that transaction was. A. DR.. Blais-
den came to my once shortly after the sale ana
teEnal revenue men have robbed me, and am now
short Of funds and cannot pay the fun sum; he said
The distillery br0ught he lBaisdelD said will pay
yol this on account and give you my check for the
410oo balance, dated two weeks ahead as wanted
. get 70 work as quick - possible and make some
money, and then he SAYS to me win give you 81, 900
. yourself for this accommodation; then
i said to the clerk give the Doctor
receipt for his money on account; ar: Thompson
took the money and was in the act Of writing out
the receipt when the Doctor said won't have the
reiease before sending you the $S000r' said could
not do that; your distillery might be seized IN
wd6ld LOOK ike completely Il trusted you $1,000
shat is all.
A. Yes; and the amount was sent to the auctioneer
Wc didn't keep the money.
9. HE didn't pay you the s1,oOog A. No.
session Of the property before you had received the
full purchase moneys A. No.
At the conclusion OF the examination OF the wit
ness both sides rested.
suMMING UP FOR THE DEFENCE.
Ar. Mccarthy, on opening his summing up. con-
Of this protracted trial. He sincerely believed that
theIr verdict would be q just and righteous one
whether as tending 20 the acquittal Of the defend
anita ON trial. from the facts that would be submitted
70 them IN the course OF the summing up, or should
their verdict strike the first blow aganstthe whiskey
ring, against which for 80 long time all the EFFORTS
of the pure and upright minded officials have been
uirected-atnough, Unfortunately for themselves
brought oa, had been directed in vain. This case
has attracted great deal Of public attentions q
very great deal indeed-and 1t was from the
knowledge Of this fact that the counsel at the time
Of the empanelling Of the jury put to you gen.
remen OF the Jury, certain questions touch
jhg the extent Of your knowledge and informa-
ti0n Oi the case that was to be submitted to you.
For the las. six weeks the public press, which to
. great extent moulds public opinion among us,
has had very great deal to say about the defend
anita and about their counsel and about the prose-
cution. The public press has teemed with express
sons OF opinion with regard to these defendants
and their counsel. Sometimes these opinions and
expressions Of opinion have been very scurrous and
ye ssa wer 10 has 20 seen
sared not lace q jury Of twelve men on the issue
raised the Indictment in this case, and that
were put forward by us to avoid a trial,
because we mad such good reason to fear
s as sS ohsc 10 some Gasss We aacs
IN the newspapers and even during the progress Of
the trial, ~ you may have observed, these attacks
have been kept up almost uninterruptedly. These
newspapers assumed from the beginning that we
were guilty and that you gentlemen, must md q
nas tSe psr Atorpsy a not Dress
upon us with SUFFICIENT zeal. and that funct0nary be-
came the object Of suspicion. OF course these re-
marks were made Tor purpose-to inname public
opinion more and more against U.S. and were no
doubt intended 70 reach you, gentlemen. Reading
She papers last evening ! came across this choice
awe asked the - some questions the other day.
After pondertng them two days It announces this
morning that II cannot answer them. Very well,
we can wait. The whsKey thieves are now having
. turn In court and we shall await the develop.
Attorney and the prosecutors to see that they do
their full duty"
And here Ia another sample OF this style OF war.
fare
sQute q number Of the whiskey swindlers
Of the revenue laws have been convicted, and more
kutpor has IL that the felons all to be pardoned
:SEsctg- kso, why incur the expense Of trying
/, Gentlemen, we have had to stand up against ma
avalanche OF public opinion dishonesty nanufac-
tured. You are human, and like all the citIzens ol
This great republic, you are very apt 10 give as much
cred0Ece TO the cfrusions OF any Irresponsible
paper critic you to the deliberate evidence OF
any witness, however honest and impartial. This
trial had not been commenced two days when q
certain sheet or newspaper whose ribaldry
and licentlousness 10 fast passing In to
provero, came out with startling relation IN this
Wl6e:-
.'The array OF evidence in this case by the
District Attorney and Collector Bailey against these
defendants seems perfectly irresistible"
Gentlemen would you believe that this indict
msnt was framed and was pleaded to at thil
day we were called on to plead we made
svery exerrion to get ready for trial; but their
aro reasons In this case that have right 20 dis
Siose which would satisfy your minds that the gov.
ernment had no right to bring us TO trial st ALL Yes
gentiemen, there were reasons, solemn assurances
and 0n1cial faith pledged, solemnly pledged, and
which, II they meant anything at al when they
were made, meant that they should moi
ne presumed that the impression would doubtless
be On the minds OF all that the jury was about to
cs q guilty. would nsVe tse ec Of
down the ring altogether; that the defendants now
charged were the representatives Of that monster
fendant would be q blow against the ring. He sub
mttted that the jury would be greatly mistaken u
niids, Now, the whiskey ring was not ii, court al
prcAent and ne believed that the District Attorney
in waiting I'LL the present time 70 strike the whiskey
ring and thereby signal the Of his ofiical life
had made grave mistake in taking up this case.
In 1861 there eighty disteries In the city and
county OF New York. During that time the tax was
two dollars per gallon, while the whiskey was selling
n the market at 81 90 gallon. Since that year
men had suddenly grown rich and were now living
In luxurious ease. The faa was that the prosecu-
ton had failed 70 attack the principals. In advert
ing to the testimony which mad been adduced In
this he submitted that the Jury should be
tous In accepting the evidence Of certain witnesses
during tins prosecution He commended that no evi-
dence had been elIcted TO show that the defendants
could he connected with the removal OF whiskey.
Counsel then proceeded TO analyEe and animad.
vert on the stestini0ny OF the various witnesses,
which he asserted consisted Of . tissue Of false
hoods from beginning 10 end from the frst witness
put on the stand BY the prosecution 70 the last.
Aftef the Court had raped the intimaticn that
counsel had occupied his two hours recess was
taken for twenty minutes.
On the reassembling Of the court Mr.. Mccarthy ap.
piled TO the Court for an extenson,of time TO CON-
plete his summing up.
The Court said It could not consistently extend the
time. II counsel had confined his remarks 70 the
case NJ issue two hours would have been sufilCent