The New York herald., 1870-03-02
UNITED STATES COMMISSIONERS COURT.
The Thiskcy Prosecutions-The Case OF Mar
tin II. Cook.

The Whiskcy Prosecutions-The Case OF Mar
tin II. Cook.
Before Commissioner Belts.
me United States Us. Mdrtan r. Cook.--The hearing
In this case was resumed yesterday. ex-Judge
Perrepont United States District Attorney, appear
ing for the prosecution.
George b. Fellows, recalled for the defence testi-
ned-That he was partner ol Cooks IN 1857 at 3s
Broadway; were rectiners and compounders Of
spirits; knew OF The order from Dougherty for whis
KEY; agreed to send 1873 barrels OF e. d. whiskey did
not give him the exact quantity he ordered instead
OF the Il. ID. whiskey we sent him 14S barrels OF
Shields bourbon; we first sold him the whlskeY In
Oond exhibit paper, on which returns were made
and cash paid TO the government; dld not see that
paper anti ne saw it IN court; Mr. Hathaway went
70 Harrington 10 see II he could get the exact number
OF gallons contained in the 143 barrels.
Mr.. Carter objected.
Mr.. Plerrepont appealed to the Court
The Commissioner ruled the cross.examination
q Ten the basis on which the returns OF the guam
tity OF whiskey are made. A. On the i4S barrels
o. That bourbon was manufactured in your store ?
A. Yes, the Shields bourbon.
@: when was the whiskey shipped to Dougherty' :
A. On the Sd or 4th OF August.
Paper handed to witness. A. That paper is dated
In July, before the goods were shipped
Ions; where Is the check you paid for the taxs OBJ
1ected 10.
viously stated that the custom was to pay tax oJ
check he could demand It's production.
q. DID you pay the tax on the X. ID. WnlSkeyf a.
Did not examine that point: could not get whiskey
from bond without paying tax.
q. LOOK at this paper and say whether you paid
this sax by check or by bills. A. Declined 10
answer.
o. WIN you produce at the next meeting the re-
celpts for your saxes >, on u the whskeys A. should
q. When Hathaway went To Harrington to get the
exact number OF gallons shipped aid he take paper
with nimY A. fes
o. Did You see fhe returns A. Yes; think the
return was 1000 gallons.
q. was the paper you SAID that Hathaway took
with him brought backY A. Never saw the same
paper again; did not tell him TO say anything Far
rington; the return was Tor 33 barrels; the return
was similar to the paper Ia his hands.
by MT. Carter-Frequenily signed checks for the
payment OF taxes had nothing TO DO with the pay.
ment OF taxes personally.
Q, With regard to the payment OF the tax on 424
gallons You testify from the fact that the paym ent ID
presented Jour b0oksf "A. Yes; mean the re-
turn for the payment Of tax contained the exact
number of gallons the las barrels contained on
which we mad paid the tax; We sent to Dougherty =
return OF the amount OF gallons OF whskey we
anpped him; We received for the purpose the return
or estimate Of the government officer
BY Mr.. Pierrepont-fou say you know the tax was
paid on the 1s3 barrels. How do you knows A.
by general rule.
q. BY general rule, then, you get voucher and
you enter that yoncner on your book lor all taxes
paid by yOui A. Yes
o. Have You copies OF check and voucher ana re-
ceipts for payment Of tax these splrltsf A. Sup
posed they were In the once.
Q. D,d you ever see the check for the payment Of