, 1870-03-29
THE FUGITIVE COLLECTOR.

His Deputy In Qnod for Smashing II
1Iercinnt's Snfc-Thc Authority Of
the Staltc aud Federal Courts In
Conflict Hunting for n Hole to Let
Koop Crawl ThronEh-Thc Dcfnl-
ension Reaching Already S12l,Gs9,
From tie War I-crk :Sun, :Hdrch 20,
The flight Of Mr.. Bailey had = new sequel
yesteItlay. His deputy, koop, appeared III hrs
old Office, No. IS Cedar street, ~ prisoner,
He WAS accompanied by one Of the officers of
Mr. Tracy, the Warden Of the County Jail, who
kindly permitted him to 50 Ia search Of hail.
pr.fon he uas met by hts counsel, Colonel
EfhArdt, who went with him TO Mr.. Dai1er+e
late department, And, while there, reviewed
the process under which he hsd entered tho es-
tabGshlnent Of At. John Tracy Of Pearl street.
who hid him arrested, under warrant issued
By Judge Barnard, for tzeapass. Koop, 1t vii
be remembered, seized tho books 0! III, Trscv
and, it il tAid, caused the iron safe Of tha,
merchant to be blown open, in order to search
for evidence Of fraud. 1t wAs tho practice Of
come Of the United Ssates Commissioners 10
iaeue warrants based on information or belief,
empowe.ing tho late Collector Of the Thirty
eeccnd District to enter tho premises Of me1-
chant. and examine their books. Eoop, who
vas hr. Dai1ey's informer, m1de adadayit
against merchants. in which be averred that be
had reason to believe that the persons whose
accounts hc desired toinycstigate had defraul-
ment, and the Commissioners, placing
Implicit reliance on his Information and
Belief Eaye him authority, as he
clailus, to make liz rsids. Koop,
hawever, WIS not wholly disinterested in the
proceedings ho instituted, for the law gave him
moieties that sometimes are not lcas than
5000 in eachcas in which he ehan cause the
goods eeiked to be confscatcd. It il belered
that his appetite for the reward or his zeal. led
him to out run his discretion.
The action Of Judge Barnard in the csse Is
generally regarded AZ not only timely but in
tonrts to empower revenue officer to enter
the establishment Of merchant by force,
smash his safe. seize aud calry OF llis books,
to zee il lie has do1le that, the actual knowledge
ofwhich only can justify him in such scta. 1t IL
remarkable fact that no Collector except
AIS o'clock in the afternoon koop WAS
brought before Judge Blatclforl. An hour
before that Hon. 4. Fl. Putdy, the United
States Asristant District Attorney, w1s seen in
his Office perusing Congressional statutea-A1I
bearing upon this important question. He
which can dispose Of mercantile rights in gen.
etl and the authority OF the State Courts
when intcrposed to protect them. It providea
1lAt suits against revenue officers, in State
Courta,can be transferred tos Federal tribunal
by merely notifying tho Clerk of the State
ct the transfer: and It commands The
Enitca States Marahai to take the defendant
from the custody OF State officer, and hold
him eubiect to the order OF Federal Court.
The Hon. M1. Purdy was in ecstacies when he
read the section. Hs rushed nervouslv into
Judge Blatclforl's court, but the er1uina VIA
absent. A few minutes Afterwari M1. Sinors,
another zssittant Of Hr. PieETepont, who bears
striking resemblance to General Grant, eeiz-
Ell the marked COPY Of the Law. and hastcned
With it into tho presence OF the Judge, who
t'cn I. n, sat i IN cha@be's. koop, Eith Tho officer
ha1dt, his legal protector, At his siaa,
vas opened. III. simons % asked tlat t
the case Instituted By Mr.. Tracy In tho
SuHEeme Court against koop be transferred to
tho United States Court, snd III. Puzdy md
Mr. Erha1dt argued In favor Of tho motion.
NJ TF~sy'e ~stitsts In the AurrA.ue Court wns
commenced to have the case tried In = cn,,rt
which has no interest in moitiea &ssiyed frorn
The proceedings which are the aue3ect Of biz
Judge, nlstchtord, having heard the arsu-
ment, adjourned the case til this morning.
when be El1 render decision, MeAntine, tie
counsel OF VI. Itacy are to be informed Of the
motion made to transfer tho casc. 1t Is claimed
that hoor cannot be held On this pznsaut con-
p4atnt, because be acted By the 1dTice Of
Bailey, his superior officer, and By virtue Of =
warrant issued by ! Cnited St2ses Commits
eioner.
No clue h1a yet been furnished which can
possibly lead the government detectives u ind
the ~heEeabouts Of the fugitive Collector. It
is nov believed generally that be will evade n
rest Hu wife Is still very III, and her co:,di-
ton and that OF her helpless chl1.1reo-the
eldest Of whom is but seven years old-exeites
general sympathy. Deputy Commissioner
Douglass yesterdsy teleg1aphed to the Com
missioner of informal Reycnue that Dailer''s
defalcation already reaches e191, s., md thst
there Is =, ooo OF e, 900 deficit IN his disbo1s-
ing account