The New York herald., 1870-02-06
UNITED STATES comMiss ousas' COURT.

James Atkins Sirius Scudder, Joseph J. Barnum
ana Theodore karner.
UNITED STATES comMiss oUEay COURT
Charge Of Smuggling ToLacco-InterestIng
Decision-Honorable Discharge Of tho
Defendant.
Before Commissioner Osborn.
The United States vs. Joseph Schetdtr.-The de.
fendant IN this case was an extensive tobacco
dealer, and, according TO the evidence, paid the
largest amount OF taxes IN this line in the city.
He was arrested upon certain Information fur.
nshed by one joseph Albren, . Spaniard, by ].
T0Olc, Special Agent OF the Treasury Department.
II was claimed by the defendant that the whole pro.
ceeding on che part Of Albren was Instituted for
the purpose of blackmalling and tnal mad his action
been successful his operations would have been fol-
lowed by regular blackmailing raid. The decision
OF Commissioner Osborn. which II interesting to TO-
bacco merchants, Is as folows:-
The accused stands charged with having, in or
about the month OF September, 1859, Ira1duently
and knowingly aided and assisted In importing aud
bringing into the Unlted States about 10000 cigars
and 900 pieces Of ribbons, and did, furthermore,
receive. conceal, buy, sell and. III some manner.
lacihtate the transportation, c0nccalment ana sale
OF SAID goods ana mercnandse after their SAID
fraudulent Importation knowing the same to have
been imported IN violation OF the fourth section OF
the act OF congress- July lS 1860. summary OF the
evidence covering the most material ana im portaut
features Of the offence charged viii show tue
acter OF the proof furnished 10 the Commissioner IN
support OF the formal accusation made in the conl-
plant by J. R i0oie special agent OF the treasury
Department. In order W sustain the charge AGAINST
the Defendant the government has seen hL 10
make use OF notorious smuggler as q witness,
was willing to confess all and Drlng other parties 10
justice. and aid the government efforts 10 crip-
pie and destroy trailic which po!sons me lestl-
mate currents of commerce aud withnods revenue
from The Treasury, 1t would ]ustiable the part
OF the prosecution 10 use the testimony of such
pdrt,ceps CriDitnts ana throw around him the
shield Of projection But wnen we lind ia a case
pregnant VITA moral depravlty, venaiity anu corrup
ton The maIn wltncss-,n fact, tie only wit
ness, who secxs to fasten tue crime on tue
defendant ana who during the pendency OF
the investigation offers his evidence for sale ana ad-
mS that ne caused tne arrest OF The accused because
delendant as witness, had given evidence against
him on a proceeding before aaotaer commissioner
under such circumstances no credence SHOULD be
given TO the satsmcnts, whether veriied or other
wise, OF Tltness coming into court with such
tainted Ideas OF justice, ana the government should
proceed aganst INN by immediately discussing nun
as witness and nsllt1tlng proceedings against
MIN as smugg.er. II IL represented 10
scores OF Smuggling cases are occurring yearly,
Waicn are never reported to the law oincer OF tie
government for prosecution or investigation; ana
the evidence In this case gives put glimpse OF
the manner an0 MODE IN which the revenue service
Is tampered with aud Its regulations evaded. IL
meJ be pOiicy 10 settle or com TolnlSe vita parties
engaged In such cUntraband trace seize the pro-
perty smugged and connscate II to the government
ana let the offenders go unwhpped OF criminal pun
isnment; out the practice can never he checked or
suppressed until The crm.nai laws OF the
Country are cQiOfCeO against L0eM vlll8 witness,
to whom alluslon has been made, Is named
Albrel, and he testincs voluntarily that ho has
been engaged as smuegler Tor at least ten years;
that he Obtained lhe cigars IN question from the
manufacturers IN havana xnu had them transported
TO MatanZas VIA railroad and We're there entrusted
TO a Trend TO be Dy am shipped 10 New York. The
only eviaepce IN the as 10 The cigars being IN
the country is that OF Aibrcn, who swears tnaI
tney were nrs. seen Dy hun on truck IN Lloerty
defendant and, The number smuggled beng
made known asked defendant to loan witness
a nnn ll,A
with or delivered to deendant were SIX sugar boxes,
containing ABOUT 1000 cigars, and that none Of
IN nne a' or w" pa.a nos ~ wSS re
hvered TO dcfeadant and tnat TIE samples first
shown defendant mad no stamps or marks thai ln-
dcated compliance with the law. Ine defence
contradicts THIS testimony by several Witnesses in
Guiding Witnesses VINO purchased some OF the
some cigars and they all swear tnat the cigars
were stamped anu properly marked. No evl-
dence was furnished the commissioner that they
were ever imported Dy any vessel no documents
from the Custom House exhibited TO show that they
came by the Jonn Griffin or any vessel, there being
evidence in the case tnat Albren has been In the
trade OF Importing cigars from Cuba, Otentmes
legitimatey; and as the proof rests wholly upon the
uncOrlODOIated statements OF Albren TO their
beng impOI Jed-nO cigars havlpg been seized, none
founo on the premises VI dciendant--and as the
witness AlDrcn stands cOntradlcted as to the
cigars beng contraDand, together with the proof
that Albren has SAID that he would clear out ana
testify against dciendant II he could receive $3.50;
that he made the charge out OF revenge and
the controlling circumstance LDat his rep cation
truth and velacty Is bad, four or five respectable
and well known business men, members or first
Class mercantile houses. coming forward and SOL
EMMY declaring tnat they would not belicve AIbIen
Oh oath; VITA HI these facts aud circumstances
surrounding the case the defendants character and
reputation III inc community having been shown to
be good anu his mercantile standing OF the first
class the Commissioner iS QulLa 10Th to suffer his
tdelendanps reputation 70 pc tarnished or his
vestlDuc OF justice, when the accusation against hm
rests upon probabilities 80 treachcrous, 80 full OF
suspicious venality and rcvengeful motives. man
conressedly vlOlator OF the laws tor the past ten
years. admitting his cOnnlvance and bribery to .
Custom House Inspector, with no motive for justice
but dollars and cents, who goes on the witness
stand and makes mockery OF truth, sucn q mans
evidence can receive no consideration ut the COM
missoner's hands worthy the title or proof, ana IN
disp0slng OF the merits OF the case the COmmls.
sioner does not hesitate TO discharge the accused,
believing that his judgment Is recorded on the side
OF innocence and justice. Defendant Is hon0rabiy
discharged.
Mr.. JACKSON, United States Assistant District At
torney. for the government, samuel G.. Courtney.
for the defendant.
Alleged Revenue Frauds.
The United States Us. Norris LOgee.-Thls case, In
which the defendant is charged with defraudng the
government Of the tax on whisKey manufactured at
his sery at Forty first street. was to have been
heard yesterday, out owing 10 the absence OF ccr-
tam witnesses it was further adjourned until Tues
Gay next.
The National Bank Robbery.
Before Commissioner Shields.
me United Stdtes Cs. HH.-This case, the facts of
which have already appeared the defendant being
charged with defraudlng the National Bank or est
chester county Of $3o,O0o. was furtnef ADJOURNED
until Tuesday next.
The Alleged Post Once DeialcntIon.
The United States Us. o. c. Slonebridge.-In this
case the defendant is charged with embezzling let
ters containg articles OF value. Tho further nearing
OF the examination was adjourned until tomorrow.
SUPERIOR CCuRr-SplCM Isaa.
How TO Get Money Our Of the United States
Trust Company.
Before Judge Barbour.
In the Natter OF the Petition or Henry Neacon,
m. Jor The payment OF certain moneys from the
United States Trust Compdnp.--This application was
made on behalf Of Henry Newton, Jr., who claims
to be the son and only child OF one Elizabeth Webb
Frazier and that as such son and heir he s entitled
N oh