New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-03-01
THE THIRTT-SECOND DISTRICT UHISKI
FRAUDS,

THE COOK-FARRINGT0N CAsE-TESTIMONY OF
G.. A. FELLOWS.
Assistant District Attorney b. X. Phelps
appeared in this yesterday, before Commissioner
Belts and adjournment in consequence of the
absence OF Judge Peepont who has hitherto conducted
the prosecution but the Commissioner decided to allow
the defense to proceed DIR. Carter OF counsel for the
defendants reviewed the in brief explanation
OF the transaction alleged TO be fraudulent, ana then
called his first witness.
Geo. A. Fellows sworn was member OF the late hrra
Of Gordon, Fellows & Mcmillan; the name OF the pre-
firm is g. A. Fellows Co.; it consists OF Martin H.
Cook and myself; Gordon, Fellows & Mcmillan did bust
in this city dozen or fifteen years and at NO 30
Broadway for two three years their business was
principally rectyng and compromising Spirits this was
carried on at New-st. which ia in the year OF No
So broadway, and the two premises open ihIo D one
az in Aurust issa but do not remember when they
ceased TO occupy them the firm OF Gordon, Fellows
Mcmillan also did commission business In sugar. mo-
asses etc it was customary bring liquors in the
first floor and hoist them up to the second nOOr where
were used for rectfyng and storing; the tanks
contained about 80 barrels each the change OF rn Was
Fellows Mcmillan in the summer OF 1865 soid SOME
reIs of T. & d. highwines; the transaction part Of
the regular business Of the house, was eognzant OF the
sale and approved H. it conducted by letter ana
telegram aud broker named Warner occasionally
brought into the negotiations the correspondence was
tanned the original from Mr. Doherty; this letter shown
witness and dated July ~ 1868 - one written Dy Mt
| Cook accompany samples sent to Mr Doherty
OF various liquors including th S,, 20 oa nhertY
agreed tn take most OF the goods OF ~hlch samples
been sent including the 235 barrels TINS other letter.
the conp0undiDg OF those highwlnes; rec0iect SOME T.
a ID whisky coming In from bond on the LIST OF August;
was personally In the habit OF going into the rectyg
establishment. in the rear two or three tunes 9ay S0he
times much oftener saw the whisky marked r. a D. on
fhe first floor No 81 Newest on the lot OF August ana
saw Youngs the receiving clerk inspecting l u was
hosed into the second story part Of Was dumped ana
| fta
that time, and during 1868, we nau no hlShWlne,
marked r. q D. except the 1913 barrels stored at bonded
warehouse in Pearst abOut half OF the l3j barrels
! OF high wines the second hO0r ana tlc Othef hl
above the other part OF the lot 100 barrels was brouE
i'm afterward about the Goth OF August part OF IL was
dumped aud the balance was hosted u me portion III
the tanks made into shields BontDon ,or t. 10
herty Boston, what went up INTO the iGits renST
there several months before II was an sI mar I'm
and he was instructed to get return FROM Mr.. Earring
9s exact um IN po OF pr h
sjrup Ne was present with Mr.. Cook and Mr. Iatha
way when the estimate made as to the loss OF proof
The auout WAS ii xed az 100 gallons the effect OF putting
srup into spirits Is TO reduce the proof Us SHOWN ny t
no suirits from Old packages to new; Mr. Hathaway
was Instructed get the return after the goods wer
bplrs of Gordon, Fellows & Mcmillan the 10th
January by Deputy Collector hoop ana saw Hr' b'le!
Here the Attorney objected to allowing the witness t
state what passed between himself ana Dir. Bailey II
reference 10 the matter and the then adjourned
TO D. m today IN order TO give Judge Perrepoht al Ol
portuuity TO crosseXamne Mr. Fellows po.,, ..,.o -,
oj,in, on - motion To dismiss the proceedings agains
the defendants, made BY lr Carter OF their counsel an
That a's in ,%o"; Of a,i inspection s,ss
the related the sane spirits unless the defendants 'la
sS. L spear, lon t, harrington knowingly furnished an
knowingly held two eret Ieiaa' OF gauge zoe SAM
s Cook was placed position be enabled to withdraw tn
spirits les, aaoa-t than by tue ''a' 'e'ar" Hs "0'
Tri Tst ia eaes to tie claim ii, pat, Of the defendants
That II oas Of tie two returns deyoes the Goerumeu
10 prove that which tax paid was TIE ie one snl t
that return nu'' pe Pseiis b il rs nevsea,l and pr
, the held that wheu the accused gives different ye
It Circumstance Of 'pea 'Hd III i''e one 0 Tue "
f considering The case Of Cool :, THE main q E. SoD pc
ssued IS as to TIE t sdset Of the books as offered
Tat Cook Doter the course Of de9" VIII him TIA
% return a6 also Cook had the Government tar uPo
e E1@ n the withdrawal rnty this 1873 barrels at ls
amount b. 500 gallons than th1i a6S,elhTea' ioi h
cG%%''g return vas coa aaSsp the true statement and
. 4h. evidence a '.t u. nd Of @ A,. a.
b tiu the absence q any eIpnaionu the 5J barrels
gallons less than the true qu1h ana ss VIZ pc kng% 10 De
enable bin Coos to s,dg tue same On sIe PaIs a o. %
Government the Uud States Tue motion to dismiss
In connection with this case and made necessary by
the proceedings affidavit has been made by Mr. JOIN
A. Grggs. in which he states that he was "a clerk 10
Aug 1862 until about Feb. IS, 1870. After had beeI
Sa6RSnfa as w asu WemoT called on Mr.
Bailey at office aud told him that it was becoming
very unpleasant for mo to remain in the office o
G. A. Fellows & Co.. as L was being con
stantly talked TO by Mr. Fellows, and by
MIR Cook about my evidence, and that
could not conscentiously remain in their employment
as my testIfyng TO the truth would conflict with the
interests Nr Bailey told that being tho case. he
would allow me TO be In his Office or give me something
to do That il all MI Bailey said to me on the subject
was subpoened TO attend before Commissioner Belts OF
the nth February and attended but not sworI
on that day A notification given that the wnesse
Would be required to attend the 18th on the 10th
| went to Dir. Cooks desk; he told me
| need not 20 Court on that day
told him the Government had subpened me- and there
fore could not stay away he replied "Wel, talk will
Mr. Fellows" aud left the office; Mr. Fellows then TOLD
me to 20 and talk with Mr. Potion about it Mr.. Peol
was one the counsel for Mr. Cook tho 18th OF Feb
ruary told Mr. Fellows that thought 1t better for me-
0leaye them, as / saw he pot pleased with what
had testified wAereGp6h he said he did not wish me e
| leave, that this affair would soon DlOW over
went TO MT Bailey office the 23d OF February, ant
copied some papers the 2nh, was sent with MI
| Whtlock TO make some copies from the Government
books OF John Tracy Co.. ho objected 10 our uOhg tns
aud Mr Bailey gave US each note authorizing US 10 OK
anime and AXE transcripts OF entries on the DOCKS pre-
scribed TO kept by rectiiers and wholesale dealers