The New York herald., 1870-01-28
THE BAILEY RAID.
What the Victims Of the Raid Say Of the Raider--
Mr.. Bailey's Defence as Reviewed by Them
A Sample Case Showing How Expenses
Are Made to Roll Up-The Kind
Of Search Warrants Issued.

with prisoners and spois wound up the raids Of tho
war. Not so with the late raid By Collector Bailey
upon the liqnor dealers OF the Thirty-second dis
trict Charges and counter charges. explanations
ana counter explanations prosecutions and pr0ba-
by counter prosecutions are most coniusingy mixed
mp with this last RAID. After the defence in the
courts made by Mr.. Bailey claiming Justification Of
hts mode Of procedure. his occupation OF the pre-
misses Of the parties raided upon seizure OF their
property, removal Of their books and general aus
pension Of their business without bringing forward
q single charge or taking single legal step against
the parties for more than two weeks, the aggreved
parties claim their right TO put in rebuttng state
ment This statement, as will be seen by the facts
given below is not without Its interest az well q ts
moral.
In the first place 1t is claimed by the liquor mer.
chants that the alleg aons preferred against them
are not substantial fraud upon the revenue but q
mere technical violation OF the merest technical
provisions Of the law. In the next place they viii
insist upon the truthiuness Of their statements re-
garding the seizures as violation Of the common
est rules OF justice, as treating parties as guilty
before the fact had been proven AS to the claim set
forth by Mr. Bailey that he had in his possession pre-
viouH proofs OF fraud and that In two cases these
frauds had been proven over five months ago, it Ii
thought very singular that he should not long since
have proceeded against those parties In the proper
legal manner, instead OF. consuming weeks In an
arbitrary search for These very frauds before
bringing any specific charges in relation to them.
II che evidence IN his hdnl5 was specid before the
search MS course; tney own, was plain but not,
charges. When books are removed so debts, they
say cannot be collected credit isgone and the inter-
rupOn OF business Is OF the most serious kind. Mr..
Bailey's excuse Tor removing books through appre-
hension OF violence and this by breaking open Q
safe they assert as too absurd to be listened to for
moment, ana that II he can excus3 his own vto-
lence BY sucn nimsy pIetexts, no QUE can be safe
r. aw sna common right tner Business snod nos
be held in durance for weeks or months
wn9us specific So charge Of
and tnat evidence obtained in tins un.
lawful manner is necessarily unreliable and
urge, practically admits the truth OF their stale
ments and shows concuslvely tnas, although he
may be an aclive he is by no means q safe and
prudent government ofncer. once ior all, the par
ties accused assert that ii only necessary TO let in
on tne sI PARE statements o. Mr. nasy sne gns o.
charge OF wrong x-d0lng he may bring against them.
AZ to the action now brought against tbem they SAP
that ne was Spurred on to take legal step against
some Of them and to make charges the UnitedSxses
courts after they had been under practical coDdem-
papers; that account Of thus he Is now inclined
to move into legal channels when his attention
IL drawn To the fact or his deviation therefrom.
Regarding Mr. Bailey's statement that the expenses
OF seizure and occupation are very light as he only
EMPLOYS small number Of specials they say that It
is mmater1al whether persons employed In this busl-
ness are expressly engaged for the purpose or for
general purposes They say, further that Mr. Bailey
states, Dut that he mas large NUMBER OF assistant
assessors each drawing I'VE dollars per day, specially
detailed to him for the examination Of books &C.
counts, &c. Since deputy collectors would have TO
be paid By him and assistant assessor are paid BY
q act r O
1t s immaterial they argue, from what office these
men come or wnat their proper duties are.
engaged upon this special duty, while tneir
regular work, II they have any is being negleOted,
Oy an extra force and the time now being e@ploysS
on this raid to be charged to the expenses Of It. Be-
Sc Of detectives ana deputies Who nave is
serted, Q great WEAKNESS for carriages, and the
various. sums expended on spies and spoilers, It '
also said In this connection OF Mr.. Bailey that he
enjoys OF government expense the luxury Of q spe-
cal counsel, Dut 1t what exact charges per diem
been supposed that tho United States District Attor-
ney and his assistants Of judicial district were the
a. Mr. Baieys acts need particular oslence ne alone
OF all revenue officers employs special counsel As an
idea Of the probable expenses incurred in Mr.. Bal
ley's late raid are cited the expenses incurred In
the bills had to be paid by the claimants. Beside
sums it is SAID, were ''ssttled" for in full:-
J. F. Bailey expenses October IL, 1862. $500
District Attorney October IL, 1869. ........... Soa
Marshal October IL 1859. S69..................... 23l
Clerks COSTS October -, 1862. ............ 20x
Bailey's expenses October ~ 1859. 1,7lo
January g. lS70-Paid for lee OF Mr. Hubbard,
special counsel for Bailey, and for assisting
District Attorney IN suis......... 1ooo
TOTAL A10o
In addition to tho above item 1t Is SAID that the
spirits under seizure were appraised ay 1000; but
on being sold at government sale netted, after ex.
penses OF custody, &C., only sesl. u thus appears,
according to the accounts Of those giving the above
facts that the costs IN the proceedings cited were
$1o6o0. besides the pay OF al! regular salared gov
ernment employees concerned; and that IN addition
to the regular pay Of Mr. Bailey and all his subordl-
mates he charged and received for extra and contin
gent expenses the sum OF $3,240 IL Ii added thas
the counsel for claimants or defendants have been ~
yet unable 10 obtain any vouchers for these contin-
gent expenses.
After ventilating ths above case IL u left to the
Imagination to conjecture what would be the costs
In like ratio OF tho suits and proceedings against
the twenty houses against which Mr. Bailey Obtatne0
search warrants the 10sh inst Al 70 these search
warrants these defendants say that they have
asserted that Mr.. Bailey did not obtain search war
rants; but. on the contrary, they acknowledge the
fact, but the use Of search warrants to cover the
examination OF books and papers extending over
weeks they claim was an abuse OF that process and
an entire novelty In legal practice, especially a.