The New York herald., 1870-02-22
UNITED STATES COMMISSIONERS COURT.

Alleged Fraudulent Removal Of Whiskoy-Thc
Martin II. Cook Case.
Before Commissioner Belts.
The United States Us. Martin X. Cook.-The defend.
ant is . member OF the firm Of Gordon, Fellowes 4
Mcmillan, and Ii charged With having aided and
abetted one Ebenezer W. Harrington, an ex-gauger
or revenue Inspector in making false and fraudulent
returns OF whlskev In bond and having the same
removed in much larger quantities than the owners
paid the revenue tax on.
This 10 one Of the cases which Collector Bailey has
brought before the attention OF the government and
IN which ms action In the premises has excited
examination for several days without much material
testimony having been eicited.
Yesterday Juoge Pierrepont, District Attorney,
conducted the prosecution MesGrs Samuel G. Court
ney and Pelton appearing for the defendant.
turns which were found on the premises OF Gordon,
Fellowes and Mcmillan; those returns were marked
he identlfed exhibit A as an entry OF merchandise
70 be Witndrawn by +. u. White; exhibits and
were put IN evidence the signatures TO them being
admitted ~ be III defendants handwriting.
Noses F. Webb, Deputy Collector OF the Thirty
second COLLECTION district, identified other returns
which were found on the premises OF Gordon. Fell
loves and McMian; these returns were seized py
witness and brought to Collector Baeys 0ince; de-
iondant handed witness the box In which the
turns had been deposited but ne (0elendant) OBJ
lecied to his taking away the box; found and now
Identified returns marked exhibits a, and IN the
and has kept 1t Till this time.
Counsel for the defendant objected to the exhibits
aS evidence. Admitted so far as Identification went
put not as applying to the charge against the defend
W. 8. Harvey, bond clerk OF Collector Bailey's
once, testified 60 the signature Of Deputy Collector
Sharer TO exhibit A, anu also to the signature OF
harrington to exhibit q.
Several witnesses testified as to the signatures to
she returns and entries.
Jonn =. Griggs, Clerk to Gordon, Fellowes McMil-
Ian IN August 1865 testified that barrels mentioned
In exhibit were shipped to Boston; attended TO
tne shipping OF them; knew the defendant IN the
Otner case, Farrington several times carried letters
irom Cook 10 Farrlngton; saw the latter frequently
In COOKS ofce where both talked togeJner with re-
terence to the withdrawal OF whlskey; heard some.
tnlng at the time which made me believe their con-
versation was secret; knew that Harrington was In
the habit Of gauglng and inspecting whsKey barrels
for Gordon, Feowes Il Mcmillan on wnlch we paid
TAX in accordance with his returns; l saw
the marks on the book and the mark OF
the gauging saw them subsequently inspected
Dy the receiving clerk at the store IN case that
saw the marks on the barrels were less than the
c0ntents what purpOred to be the letters carried by
witness from Cook TO Harrington had something
evidently more Than writing in them; Inc contents
Iet soft and thick; considered at the time the
envelopes contained money sentpy Cook to Earring
ton; Young was Gordon, Fellowes & McMillan's re-
celvlng clerk; saw him inspect the barrels ana note
the contents on paper, witch he handed to defend
ant COOK; the gaugng by Young showed that the
barrels contained more than the gaugers returns
SET forth.
Winfield Tucker, cashier in 1858 Tor Gordon, Fell
lOWes Macmillan, testified that he had been in
eUucted by Cook TO enclose money In envelopes,
from nfty dollars to $500, at various times; Cook
tod MIN TO seal the envelopes with mucilage; he did
90 and then handed the money and envelopes TO
COOK; Cook also told him to what accounts to charge
the money; not TO the regular accounts; on one or
Two occasions Cook SAID 70 him that he did not
want to nave known what the envelopes contained;
the entries showed no bills or names.
Ine case was then adjourned till this morning, at
eleven O'Clock