The New York herald., 1870-01-27
UNITED STATES COMMISSIONERS COURT.
The Hester Street Distillery Case.
Before Commissioner Shields.


The United States Us. George ana Joseph
HOFFMAN ana Philip Letdersdor0 Brothers,
the defendants were charged with remov.
ing large quantities OF dsulled spirits from
the distiilery Nos. 102 and l04 Hester street.
during the years 1868 and 1862 to place
other than bonded warehouse, without having
paid the revenue tax thereon. The examination,
which was closed yesterday, occupied the court
several days, and full particulars OF the charge and
the defence thereto, from the testimony given on
Several witnesses were examined before the case
was closed. whose testimony was merely corrObora-
tive q tnat sworn toby previous witnesses on former
Gays OF the examination The testimony being all in,
M. joseph Bell, for the defence, moved that fhe
case against MS clients be dismissed. He c0ntended
TACT sworn to by the witnesses for the prosecution
ana That therefore 1t was IKE arguing TO establish
the evidence NJ ~ hess sse 20 Dy
the OH .nce charged against them in the varranr In
tne nrst place It was necessary Tor the government
70 snow that an offence had been committed IN the
manner charged; and to do this 1t was further neces
Bary Tor the government to prove that spirits were
removed from this dstillery to the CO npoundng
house next door IN an Illegal manner. Counsel con-
tended that this had not been done; that
tne ,ne. evidence Of the only witness swearing to
Of half dozen witnesses who mad sworn diametri-
caly opposite TO that OF the wltness-the only one
ON whom the government could rely Tor having the
case sent TO the Grand Jury. Mr. He'll then pro-
ceeded TO review the evidence bringing out with
relied upon BY him for a dismissal or the case. and
tnat ON which the government based their hopes for
u communal.
Assistant District Attorney Purdy followed on be-
naI OF the prosecution. and at great length also
reviewed the evidence that had been taken In the
case He conended that the chief wiIness' (Kearns)
testimony hau not been contradicted nor shaken In
TIE slightest degree, and upon that testimony the
government rested.
Commissioner Shields after few remarks upon
tue evidence or Kearns (who died three Gays after
giving ms testimony said that upon that testimony
nc would hold phiup, David and Adolph Leidersdorfr
LOT the acti0n u the Grand July, and dismiss inc
case as against the brothers George and Joseph
Hoffman.
Post Once Order Gaze.
Before Commissioner Belts.
The United States Us. III. s. Mds0n.-The defend
ant Is charged with defrauding the Post Office De-
partment under the following circumstances:-The
defendant, as alleged, received Post ONCE order
for fifteen dollars from some friends in Ohio which
ne duly presented at the Post Oiiice and was pad
the amount. he subsequently informed his friends
tnat ne had not received the order In question: upon
which inquiries were set on foot Tor the recovery or
the letter. but which eventually led arrest OF
IN defendant, he having made aidavt to the effect
that he had not been paid the oroer After hearing
testimony la the case the Commissioner committed
the defendant 10 await the action OF the Grand jury