The New York herald., 1870-02-01
UNITED STATES COMMISSIONERS COURT.


partment--Discharge of the Accused.
Before Commissioner Osborn.
fne United SldGes Us. HenlY A. ANen.--Ihe de-
endant In this case the Keeper Of rhe United States
Sub-Treasury, was charged with presenting certain
Alse and fraudulent vouchers tor supplies to the
department. with intent TO defraud the United
States. It appeared chat in the month OF
Of $l44 were furnished. The defendant certl-
hed the bill as being correct, although the money
could not pc Daid without The certificate and ap.
pr0val OF tho Assistant Treasurer subsequently
another bill was presented for ur,her supplies fur
nlsned, Including the amount set forth IN the first
account. The complaint charged the defendant
with Offering fraudulent vouchers. upon winch the
bills were paid at the United States Suo-Ireasury
Department Testimony has already been taken in
the case, the mater having been fully placed
before the court. Mr.. Wheeler (Messrs. Goodrich 4
Wheeler) having summed up on benalf OF the de.
lend6ns ASSISTANT District Attorney Purdy replied
on the part OF tue prosecution.
Commissioner O3born, in rendering his decision,
Drony reviewed the facts rs they mad been presented
70 the court. The evidence, he said Went to show
that at the time In question tnere was very great
tho departments OF the Sub-Ireasury were con-
Quoted. In tins case the goods supplied were sub
mitted to the defendant and he sgned upon
them the word correct" meaning thar the items
charged ana the prices were proper. No evidence
had been addnced on the part OF the prosecution
showing 10 whom The money had been paid or who
paid It. The books, however. showed that the
money had been paid TO some one Moreover. there
was no evidence TO prove iaat Allen presented the
The answer gwen by Alien was that he placed
sne bill IA question somewhat caleiessy on his desk
ana that was all he knew about It, Tue question
now was whether a jury would convict Allen upon
the testimony, had there been evidence enough 10
send him before the Grand Jury. As he
understood the statute the evidence OF the
government should be direct and positive, anu
and a. least so circumstantial a. TO infer that
Allen purposely or carelessly lett the paper on his
desk ~ order that 1t might be abstraSted and pre-
Sented for payment. 1t was not proved that Allen
received one dollar Of the bill. Ii the fact mad been
shown that he collected bills from customers 1t
might % strong presumption to point to this case.
NO evidence, however had been shown to that effect
Alth0ugh the prosecution might be In possession Of
other facts In relation to the matter under the cir
cumstances the defendant should be discharged.
Alleged Revenue Frauds.
The United States us. Jeremiah OBrten..-The de-
fendant was charged with carrying on the business
Of Wholesale tobacco dealer at No. 72 Oliver street
without having paid the special tax. lie was neld
ander $500 TO await examination.
Nonpnymen Of the Whislkey Tax.
Before Commissioner Shields.
T7te United States US George A. Cassebeer.-In
tnis case the defendant, OF No. I9l Bowery, was
charged with doing business as a wholesale liquor
dealer without having paid the special tax required
BY law.
The Commissioner held him under $500 to await
examination