The New York herald., 1869-05-19
NEW YORK CITY.
THE COURTS.
UNITED STATES CIRCUIT COURT.


Alleged Perjury Case-ColIector Bailey Fol-
lowing Up the Defunct Whiskev Ring-The
Defendant Creates Scene In Court.
Before Judge Benedict.
The United States Us. George b. DaUts.-The de-
fendaut in this case was indicted at the October
term OF the court, with several other parties, some
of whom nave been already tried, convicted and
sentenced, with having committed perjury, in
making certain false charges against Col
lectOr Joshua F. Bailey. then OF the
Fourth Collection district OF this city. From
the full reports given Of the trials Of the parties
more prominently connected with the institution
which was known as the whskey ring, the notoriety
OF the parties themselves extensive dstillers and
dealers In whiskey, and the daily announcement OF
the heavy frauds committed on the government and
the country by the ring together with the prompt
trial and speedy punlsnment which the dellnquents
met with the readers OF the HERALD are conversant
with all the more principal points VI the prose-
cution In the present case. II VIII be enough
10 state here briefly that the first efforts OF COL
iector Bailey to execute the internal revenue law law
law to justice were met by combination OF dis
tiilers, chief among whom were Blalsdel Ecke and
others a Few Oh whom are yet awaiting trial. VINO
entered into conspiracy TO Illustrate the Collectors
EFFORTS IN this erection. The ordinary means-at
least those which had been prevailing up to MIR.
baleys appearance among the iraternity-havng
failed parties sought and found ready to swear
anything and everything that might influence the
then authorities at Washington to remove the incOr-
ruptlle Co lector OF the Fourth district Among the
parties thus suborned, the defendant DAVIS Is
charged TO nave been one, and in this capacity he
stands indicted and was yesterday brought up for
frlal.
A SCENE IN COURT.
On the case being called on Mr.. Henry Lepaugh,
counsel for the defendant, made another appeal 10
the court on behalf Of LIS Client urging the assur-
ance that had been given by the law officers to his
Client tnat in consideration OF certain revelations
made by him of facts within his knowledge IN con-
necti0n with the conspiracy against Mr.. Bailey, he
SHOULD not be brought to trial on the indictment
found against him. Defendant had accepted these
conditions and acted in good faith thereon, having
furnished valuable information to the government
The Court said that 1t was most improper on the
part OF the subordinate officers OF the government to
hold out inducements of immunity from punishment,
or condonements OF punshments to parties charged
with crime with the OBJECT Of extracting statements
or confessions from them. The Court would admit OF
no such plea under any circumstances and the case
now before IL must proceed.
jury was then empaneed to try the case
The defendants DAVIS, with his vile and some
friends were during this time IN court Davis and
vile sitting near his COUNSEL Mr. Lepaugh, he evil
dently aboring under some suppressed or rising ex-
cltement.
open the case, and was commenting III the usual
way upon the facts as he alleged, would appear In
the evidence for the prosecution, when he was IN
terrupted by the defendant, who, jumping suddenly
on his feet, exclaimed, "iOu are a id liar How
much money did you make out OF the businessS
I'm an Engllshman, and you won't give an Amerl-
Tps oiicer in charge at once hurried to the side Of
the defendant, who had by this time worked him.
sell into state oI great eXctement ana enueaVoreo
to quiet BIN, Rnt Y yaiq,- ,,r..
the Court, comprenending the difficulty tina. W. VI
uKely TO epsue from the excitement and passion OF
the defendant, ordered his removal from tle court
room IN the custody Of the marshal and this being
done, directed the case to proceed.
Mr.. Lepaugh here inierposed Obecting to the
case being proceeded with IN the absence Of the
defendant.
The defendant, more excited than ever, suddenly
drew small phml out OF his pocket and, putting It
to his mouth actually crushed the neck OF 1t with
MS teeth Outside the court room the excited man
declared that he had taken poison, which he had
brought from Indla, and that he would be dead
in ten minutes. This ere ated fresh excitement,
and not q few Of the spectators anxiously awaited
the con summatlon; but the drug, or whatever 1t
was, beied the prediction OF Its eIcacy. even to the
end OF the scene, when, haif an hour afterwards.
the prisoner, with his wife, was put INTO carriage
and driven of to the Ludlow Street jail.
The Court, being In the meantime Informed OF
what had occurred directed an olricer OF the court
TO summon q doctor TO examine the bottle, and, II
necessary and possible TO counteract the apparent
suicidal intentions OF the defendant. professional
concealed the bottle and only the cork was forth
coming, and from 1t no deduction could be drawn
a TO what II contained or what the man mad swal-
lowed.
THE FURTHER PROCEEDINGS IN COURT.
Mr.. LaDaugh. on the conclusion OF the opening OF
The District Attorney denounced the action oil the
officials acting In the case, In bringing into court
man who was evidently suffering from indulgence
tn ardent spirits allowed him by some OF those In
cnarge OF INN. It clear the man was either not
In his right mind or intoxicated
Deputy Marshal Robinson In charge OF the pri-
soner was then called and examined by the Court,
answering that the prisoner had been but q short
time In his charge, that he had received MIN from
the Sherr OF the county OF New York, and that while
IN his charge the prisoner had not drank any ntox
eating liquors.
1he Court, being satisfied that the defendant was
not IN condition then to be put on his trial, ad
1ourned the case till this morning.