The New York herald., 1869-10-21
UNITED STATES COMMISSIONERS COURT.

Tho Raid on the Lottery Dealers.
Before Commissioner Shields.
In addition to those already mentioned the follow
ing lottery dealers were arrested on the charge OF
carrying on tho business without payment OF the
SPECIAL tax provided by the statute, vM.:-Wal4i
Rowe, l40 Greenwich street; Henry Wood. No. fark
row and II. J. Emerson, 200 Broadway The accused
were heii under $500 bail to await examination next
Wednesday
The Archer Case-The Case on Behalf Of the
Defendants.
Ihe United States u.s. charles Archer Gnd wash
fngton A,cner.-Tne hearing OF this case, In which
the defendants are charged with making false
revenue returns, was resumed yesterday afternoon.
Mr.. Purdy Assistant District Attorney. appearing on
behalf Of the government and Mr.. Mcmahon for the
DEFENDANTS.
james sBuell, President Of the Importers and
Traders Bank testlded that he had always consid-
cred the defendants az financially sound and OF good
mercantile standing. James O'Donnell, merchant.
deposed that he was acquainted with the defendants
for some years, and mad ever regarded them with
condolences he would be willing TO give them 100000
worth OF goods on their own note at SIX months.
Robert Francis also testified as 10 the character and
reputation OF the delendants he had had transac-
tons with them, and tney always maintained good
Character.
Mr., McMahon, counsel for the defendants. then
moved to dismiss the complaint. He cited the
cnarge made against his clients, contending that the
evidence had unmistakaoy demonstrated their
entire innocence even OF intent to make any false
prosecution must prove, HT5l, JhAb bAt
kelendants made false returns, apd secondly, that
They were made with intent TO deffaud. Though
sne returns might be false, yet II the revenue was
not deirauded no crime had been committed.
Counsel alluded at some length TO the evidence OF
Connolly, the Defendants bookkeeper. ana sub
nated tnat 1t was altogether BIASED on account OF
his being discharged by the defendants. Counsel
then proceeded 10 enter mnntely into the details OF
the several revenue returns made by the defendants
And c0ntended that they had actually returned
$4,000 more than was required by statute.
Connoily's evidence went to show that
one OF the defendants had required him to
MAKE certain deductions when giving in the
returns. Now ne conlsen submitted tnat the con-
slsent with the innocence OF the defendants. After
citing various legal authorities bearing upon the
point counsel went on to argue that 30 far from
making any fraudulent return the defendants had
pald over and above what they were required to do
az prescribed by law. Having reviewed the evidence
fact tnat Connolly the principal witness for the pros
ecutiOn, had when under examination expressed
himself as being biassed against the defendants for
being discharged. The figures themselves showed
that the defendants had paid 1865 tax more than
they were entitled TO. In fine, counsel adverted to
the testimony as to The character oil the defendants
and moved FOR dismissal OF the charge.
Mr.. Purdy resisted the motion, submitting that IL
was tne duty OF the prosecution to make the most
minute investigation into the charges preferred.
lie admitted that the evidence OF Connolly was
bassed to some extent but said that the government
had other witnesses TO suDstantlate the complaint
He had not gone into the figures, but he contended
that there was ground for the detention OF the
Commissioner Shields announced tina. be would
render his decision tomorrow.
Charge of Perjury.
Before Commissioner Stilwel.
The United States Us. AatheD Reichert.-The
defendant was charged with committing perjury.
A warrant was issued about fortnight ago for the
arrest OF the defendant a charge OF perjury and
be was taken into custody yesterday and brought
before Commissioner Stlwell. The evidence for the
government showed that Reichert had deposed
before Commissioner Osborn that he had not been a
bondsman In any other case except one III which
be attempted to become surety for friend. lie
Grand Jury.