The New York herald., 1870-02-20
UNITED STATES CsMAss oSssy couar.
Violations Of the Interna! Revenue Law-Th,
Accused Held for Trial.


Before Commissioner Osborn.
2ns United States rs Jackson Refuv.-In this
case the particulars OF which have Deen previously
published IN the HERALD, Commissioner Osborn yes
terday delivered his op,nion as ioo~s:-
Defendant is charged with having, as wholesale
liquor dealer, refused neglected 10 keep the book
required oy section iory-hye oil the act Of Jaly 20
1865. The law is mandatory IN as requirements, and
provides severe penalty against those persons who
Ian TO comply with IT, The proof shows that an IN
ternal revenue oilcer entered the premises OF the
defendant on the 1!tn OF January aud demanded
to see tue took required 60 he kept 10y the defend
ant as wholesale liquor dcatsr. wnep defendant in
formed the oIicer taat the pook not To he
iGund IN us usual place, and called the porter and
asked hisn II ne knew wnere 1t was. The porter
repiied IN tile negative ald a search WAS made out
the hook was NOT touua The defence claims That
the poeR was lost. Defendant Jailed TO satstacto
riy account Tor It's non-prodncson IL Is IN evsdence
ahat ap 10 about the 9th or OH OF January the book
wasoa the premises anu in cts usual place. since
whien time no knowledge CT It's whereabouts Is
shown, nor even any probabilities suggested rs to
book, rs is shown by the testimony OF an assi-tant
Assessor who examined ltla November last Tor ibe
purJ oi ascertaining tae amount OF defendants
inoclne tits also shown that defendant mad sola
all DIS business properly jlst PRIOR to January
anc turned over The store alia once 10 carey BRO
tnevs 1t Is ~ proof thai delcnaant was out OF osl
ness on The ilth OF January the time tue internal
revenue oficer entered ms premises ana dc eanded
70 his book; but bis sign as wholesale nqu0r
= dealer was still up and exh4oited over the door.
The law requires wholesale liquor dealers TO Keep
\ sign, TO Keep BOOK ior entries as aforesaid, anu
70 preserve the SAID BOOK Tor period OF tWo years
when 1t has oeen filled up with entries.
Tuis is a criminal statute and Is to be strictly con-
strued ana shall interpret the words ''reuse' or
.snegectn To mean wlul or cnlpabie ana the buf-
0en OF proof IL on the defendant to explain satsac
toriiy TO the Commissioner the absence OF the DOCK
and the OF It's non production. No satisfactory
explanation having Deen made lor the loss OF the
book, and although II may he misfortune TO the
defendant to be subjected 70 further criminal pro.
ceedings still the iaw IS on tie statute book and IL
be enforced. Parties must be able to give
some 1ull ana probable explanation AS TO Wnat DaS
become OF the book when not 1ound In Or on the
premises IL is OF no practical use 10 anybody eX-
cept Ihe Defendant ana me nment officers and
! must presume thar government officials are honest
and trustworthy untii the contrary Is shown. or AT
least some well grounded suspicion set FORTH 10
enable the Commissioner TO believe that such
Otficlals have Deen guilty OF naileasance. Such has
not been shown or attempted 10 be shown III TINS
Case The defendant Is, therefore, ON the testimony
hela for trla
The Horrors OF the Dcep-The Ship Nepinne
Crueites.
Before Commissioner Shields.
TIE Untted States o.. EiCtM W. Ipdtoav and -
Noaaad.-The defendant, Peabody, is captain OF the
ship Neptune, OF the Black Bali line, belonging 10
and sailing from this port Noland being mate OF the
name. lhey are charged by number OF the crew
81 said vessel with brutal and cruel conduct, the am
dav sworn in the case setting forth thai on or about
the sth OF January 1870. on the nigh seas, on voy-
age from Liverpool, England, to the port OF New
York, the captain OF SAID snip, Ewltt W. Peabody
ana the otner defendant did maltreat and wound
anu strike with dangerous weapon weapons
said deponents and others Of said crew.
The defendant PEABODY surrendered himself to the
officers, the other defendant being sun at large.
great deal OF eXcltemelt attaches 10 the case and
Commissioner Shields, In the interest of pubnc JUS
tce has determined 10 secure The attendance OF the
witnesses, and to That end has ordered them 10 the
House OF Detention until The case Is ready Tor hear
Late yester aY three or the officers OF the kep
hlne. against wnom warrants had been ISSUED, were
arrested ana escorted 10 Ludlow Street jail
The Alleged Gauger ErauI-Enrring Under
Examination.
Before Commissioner Belts.
The United States Us. E. b. FarTilgton.-The ad-
journed examination IN this case, In which the
fendant Is charged with making false returns OF the
measurement OF wnskey III bond, was resumed yes
terday. Mr.. w. y. Harvey, Edward George and ThOs
Cummings were examined in relation 10 the entries
OF the cash books, IN order to connect
the accused therewitn; but they could not identity
the writing on the records. The case was thon ads
tourned Till the 23d inst.
The aw;ord-Eenn Hribery Case-The De-
fendant Discharged.
Before Commissioner White.
The United States Us. Samuel l.. Fe,u-The de-
fendant was arrested on a charge OF having tam
pered with officer Crawford, government witness
In the case OF the United States VS.. Charles J.
Ulmond, who was charged with passing counterfeit
nty cent stamps his customers. Oficer Crawford
having been recalled, Mr. Spencer, counsel for Fenu
declined 10 croSs-eXamine hlin further on the
ground that he mad refused to answer questions be-
cause they would have o tendency to degrade him.
was then called TO testify to the andavt OF Crawford
against the accused.
The Commissioner then reviewed the evidence and
discharged MIR. Fem.