The New York herald., 1870-01-14

Collector Buileyss Now War ON the Wh1slkey
Rins-Thc Pearl street Revenue Fraud
Before Commissioner Osborn.
the Usitsd ssatss cs. John Tracey, Jr.-This case
has been brought int0 court on preliminary mo-
uon for u stay vi proceedings. As Is known to the
readers Of the ilEsALp, collector Bailey OF the
Thirty district carrying the war against the
yioatOrs Of the revenue law which he sustained so
long and eYccuaiiy in the Fourth Collection district,
ana which resulted IN The breaking up or the then
almost all-powerfnl wh'sScy ring into his more
Important District has again maze hlS presence elt,
to the great terror OF the small Try imitators Of tho
Old WhiSkcy rlng
In the case before the court yesterday motion was
made by counsel IN behals OF John Tracey Jr., 1872
Pearl street, TO prevent forciDle seizure OF the
books and papers of the concern to be used col
lateral evidence, or IN amy way against the defend
ants Collector Bailey on the previous day pro-
ceedng break open the sale in defendants oilce,
containing his books when q stay Of proceedings for
tweny-four hours preventing him from 80 acting
Yesterday Mr.. Van Cott counsel for Mr.. Tracey 4
Son. and United States District Attorney Perrepont
for the government appeared before Commissioner
Osborn To argue the case. After hearing argument on
either side the Commissioner stated that the
issued by nun ana entrusted 70 Deputy Collector aan,
street. and which contained clause empow-
cring hlm TO take possession OF all books
and business papers sconnected with the place,
did not include all books and papers having
no evidence that they bore in any way upon the
further that hencelorth search warrants issued
by INN would merely contain the language of The
statute, which authorizes officers to enter premises
and search, not authorizing the officers executing
The warrant to search or eZe any evidences ol fraud.
NJ that duty belongs only 10 the Ocer in exercising
sound discretion. the Commissioner held that his
warrant was mercy authority TO enter the premises
and that he should not be oostructed in hls search
alter evidences " fraud charged against the
revenue.
The Eraodaienl Cigar Bond Case.
Before Commissioner Osborn.
The Tflited S1teS rS. 3tttls kaOpf ana .ibyohuls
executing fraudulent bond rs sureties for one
Lawrence as q manufacturer end dealer in CIGARS
The evidence went TO SHOW that one Lockman, resd-
ing in Centre street, told Lawrence, the principal
subscriber To the bo,td that he could procure sure
tiles for nm, Lawrence beng q stranger. Subse-
quently, and alt9r the subject was talked
Of, Lockwood brought tho defendant knopf
with Rosenheim, who then and there gave
and subsequently sgned niS name to the alleged
fraudulent bond SO Ueerlen. Tue witness Law
renee paid Lockwood sixty dollars for his services
IN procuring these b0ndSnen. on these facts 10
claimed by the goycrnmsnC rhat the bond fraud
ulent, and also from tle fact that one OF the sub
kcrlbers Chefeto--Rosenneln-f falsely and fraudu-
ently sIgneu bis name iieerein ana also that the
said Roscnnelm was man of no properly, Nlllie he
swore to an AFFIDAVIT setting forth that he was worth
sl.s00 The government alleges that the 0ther dc.
fonttant's-Kn0h spoun is insufficient and untrue,
and Oh both these Dones considerable evidence was
taken yesterday. INC ease, after lengthy hearing,
was adjourned an Tuesday ne1t at hali-past one
r. NJ.
The t"N,ann n.~si!lcry Cnsc.
Heioge Commissioner Shields.
me Inited StqseS fs. H,Dntds dnd Ohei,S.--Ihis
case was again ~ yesterday, and after protracted
examination before Commissioner Shields was ad-
journed to Monday next % Two O'Clock L. NJ.