New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-03-19
THE FLEIss CAsE-DEFENDANT DISCHARGED.
In the case of VIM. NJ. tleiss, wholesale

THE FLEIsS CAsE-DEFENDANT DISCHARGED.
In the case of VIM. NJ. teiss, wholesale
LIQUOR dealer at Nos II and 70 Broadst Commissioner
Osborn yesterday gave the following decision:
The accused stand. charged with having made false
and fraudulent return for the year 1863, with III
tent to dcfraud the United States. The prosecution
claims that the Of the defendant show much larger
gains or profits his business than the return or State
ment the Assessor indicates The defendant claims tnat
ne met large losses during tht year which were en-
tered on his books the of the year 1862
which losses he claimed he had afght TO deduct from
mis- income OF the year 1868 The books OF account were
not produced in evidence, each side claiming that the
books not in their possession or under their control
and secondary evidence offered the part or the
prosecution to show the discrepancy The Commissioner
received the by OF the nonprodcton OF inc
books but does not attach much credit TO 10 because OF
its general character aud the unsatisfactory manner ln
which it given by the witness IT'S IN proof by the
Governments witnesses that box OF business books OF
defendant was seized by order OF Collector Bailey
IN January last, and that 1t was In the power
of the LIST of those books seized under his
authority and detained by him. and 80 far as the
evidence shows have never been returned III Tue prose
had furnished evidence Of the books seized by the
Collector WHICH IL was an easy matter to DO ana not
leave il in doubt whether the ledger and casib book
those seized and detained the Commissioner
could ntegeny get at the merits and feel at the
same time that the Government had exhausted all means
their knowledge OF the whereabouts 0 the DOCKS III
question-to wit the ledger and cash'book-and prove
more clearly fact that the defendant has SAID books
that they under his control. Inc BOOKS OF inc
defendant and hrs partner were placed IN me custody OF
Mr. Tlucy the qnidator. at the tne OF thelr dissol
the 18th of April 1862 and so far a. the evidence
shows. have not Decn III tHe custody Oh tue
ant or his former partner since that date, ana
while in the custody OF Mr.. Tilney were seized by
the Collector The Commissioner is quite 10th to pass
Judgment criminal intent OF defendant without an
examination of his books and without positive proof
which within control OF the government AZ 10 whether
the books the possession OF the Internal Revenue
officers The prosecution must not assume TO DC
the Judge much evidence Will hold an accused for
trial doing it out III measures but the evidence must
be all presented the Commissioner IL to do Justice To
both sides not be compelled TO infer guilt or inno-
cence on halfedgcd and incomplete facts The return
the defendant of his income for 1865 may be false. but
the Commissioner is not to judge Of II on tho general
of witness without any satisfactory docu
mentary evidence, and with no plausible grounds Oh
criminal intent
The defendant is discharged
Assistant Disrict-AttOrney for the Government; Dit
s. g. Courtney Tor the defense.