Evening star., 1869-04-12


Pno,. szrrH's Art Gallery, 3Oa P.nusyi.
vania avenue.
lxIIRKsTII o PsIsTs IN TRIAL YoR yIo-
LATIcS or TEE ISTzRSAL REVENUE Lava
2hs d.eisiop og United S'l5e. U,mu.sssionar
R. ". ss.nssey 10 tie txaniilatrcn OF Samu.i
Gsdrty, VIZ. a. Poor. and Patrick ]. Law
samuel Langley and William HsInus, charged
with violation OF the provision. of the 43d sec
ton or the act approved July 2D,h, l-65, enti-
tied IAN act imposing taxes on distilled spirits
arc TOBACCO. and for other purpoSss, given
m saturdays STAR, embraces some points OF
interest To manufacturers Of dealers in and
carriers Of distilled spirIis. The 43d sse'ion Of
the aet asov~ referred 70, makes ~ felony i1r
any one 10 empty packa ce Of dIstilled sp'rits,
without a. the tine of enptyIpg IT, efaeing and
0bIiierahng whatever revenue stamp mark or
q felony 20 transport apy package th4t had Goa.
talned distilled spirits, and has upon it, un-
cesacsd and unobliteraied stamp-, marks or
SrsEds; and also a felony 10 Iec-ive any such
Iacksge with the intent Of transporting IT. and
also q felony 20 remove stamps from packages
Of distilled spirits without destroying them. or
10 have snch removed stamps in Possession;
and provides further that empty packages that
bad contained distilled SPINS and hSye unob.
b,eraied stamps upon them, may oe seized
wherever found es forfeited to the United
Staiss, at that all the means of trans porting
such I1ckegss, whs iheT ssooaf. railroad car,
cart, dIay. vagi n or other vehicle. or horses
or other animals. used IN clrTyfng tue same,
shall be forfeilsd to the U0ited STATES"
There was some argument before the Com
missioner hat a criminal intent should De
proved 20 make person committing any OF the
for bicc or ON i'pg 10 do of the Prescribed
Acte specifs d IN tnr ebov- section amenable 10
the Pc altiss affixed; 20 which argument he re-
feTTtd at some kngn, reviewing the general
principles Of criminal jurisprudence and the
rules which govern criminal prosecutions:
cOncla6Irg by staiiEg that he was dscidediy Of
opinion that the sectiCn Of the law utder con-
side anon deals III b acts OF omission aad
commission, and taat the only .'in.-nt'' necss-
saIy 20 prove under IL is The ..Intent" TO trans
port 81 empty paek ksge that had contained dis
ulltc pirlis on which the revenue stamps, &c.
have lot tten faced aod Oh Iterated.
The Con- missioner said nothing ad been
provo 70 bring home 20 Mr.. langley or MIR
Re IN hart the sale CT deiiV cry OF barrels with
pBcsfsesd stamps upon tn~Tn IL was quit.
clear that Mr.. Helmus did sell empty whiskey
farrels with revenue stamps upon them Lot
oefae. sud not oblIteT Tsted. He did not think
u proven that Nr Jarboe was Tesp nsiole for
the uaDspcr ai,on OF the barrels in question
nor did De think that the charge against Ctp,
Gsdnsy hsd teen sustained. Mr Isxlor ad-
Diiisd sending the barrels 70 Alexandra az
charged. He stated. also, thar be put them on
Cspi. Peers boat himself The proof before
him ;ine CemBissioEerl was lot such as TO
directly impllcaie Capt Gednsy or Capt Poor.
YET ne said u does show a culpable laxity of
pTecsution on the part Of the Ferry COMPANY:
spd iUTieer. that me barrels were etrried by
ne Company, and that the steamboa. CIfy of
Washington was used in trans sporting tnem
The Com missioner ordered the dIscnarCe OF
LaI Elry. RsinhaTt- Poor, Ged ney, and Jsrbo-
sIc SAID be should transmit the papers IN the
cases CT Lawlor and Helmus 70 the Supreme
Court Of the District OF Columbia and under
all the ClrcU instances should require no other
ttsD tEeIr PERSONAL recognizance for their ap-
IeaIsIee 10 answer tie charge there.