New-York tribune., 1871-01-11
THE BROOKLYN WHISKY sEIZUREs-A DECISION
AGAINST THE GOVERNMENT.

Judge Benedict has rendered a decision
against the Government in the action brought by the
United States against 1900 gallons of distilled spirits be-
longing to Matthew Brady and seized at his distiery,
Nos. 46 and 4S Greenane in the Fifth Ward Of Brook
yn. Judge Blachford short time ago. rendered de-
clson declaring the property forfeited and the was
retired in the Eastern District Court before Judge Bene
Dict who yesterday reversed the decision and ordered
the property TO be discharged. The following Is sum
mary of Judge Benedict's decision: M,
t. belonging Matthew Brady and e,ed h, dIer s d.
ey used By tse appear; was formerly me gran d
5og c mash tubs known tub ~ z these proeeeHg. which was
.d'S S secsp SA s the s: @ q R R @ S sh' .
character and location cos Be used . menng tub VS.. Ds'tS s
in any place description There was aso In the yard
for mOlaSes and which connected 6y hG,e with tue ~
there was also ~ he en room noe ~ ns @ Ss " bI IN Ss
roof through nge., be had attach the hose The as
@1nsiuS 2 and he tub 81 as capacity s
say increased production ten BY the hose
si:Ss ns S sn I s y wsaU newer Informed Smse Of The
Tbe facts have been proved tending the specific
and charged the dlr accompanied with the
10 he stated in bis books They only that
DO not Of themselves work forfeiture Of a the property u question under
be shown which Il claimed do work the for
IN oniefns thsss proofs viii 6o sr.
construction to be put By this GgTi upoh :ee q 1905
which eco many present charges depend The sround
tsn The ps G0yenment that section s6 Le
as i ssa sa5s 5sn, o 10 Ss snd R the odenl dsr s5
forfeit all prs owned by him whether punishable otherwise or not
But am able 50 read the law. As view this section m'ns
general provision cse lsanes 10 we ssus
where forbidden bull punishment aaepd
40 mot find words indicating intent eupe or 70
increase the absence OF such words am oil the opn
ion that the be held what appears me 70 say
where the statute has attached no the dong or
forbidden such act omission when Know
g or xy committed shall be punished By the nuicon OF the
pen and forfeiture provided this section This view Of the effect
eton removes from consideration portion Of the
the regards the charges made nnder s
section TO unlawful and omissions for which no punishment
provided by sny other section OF the act
M mi, class e charge that the dser omitted 10 furnish 10 the As
plan description OF the dse showing he NUMBER
and contents tub and funentng tub required by see
july 90 1863 And also the charge at CONTRARY 10
M. same section there alteration made the dste which was
not disclosed by supplemental plan These charges the
claim 10 have supported the evidence tie character locality and
plan as mentng have carefully considered this evidence and
Although think tub NJ could be used feInen ung tub
do proved fAet ever used Ihe %
that al times 80 used oa cahn"'
therefore dispense consideration OF the evidence which
claimed empty the fernenng tubs al the en o.
the rentng period allow them empty for period o
hours Again eontend that this property Is forfeited
virtue portion 10 Of the act Of 1903 which declares
entry be Uais omitted nom the dnis
deraud from the Revenue oncer %
distng apparatus and tho lot OF land which ns sa
personal property every Kind description said premises USED
question, being distilled
premises belonging the dser covered by the -ons
words business and do not CONSIDER nA mse
in distlery
red on These are the odac u the business wOah naturally have
designated specifically II intended to be "iun nS ~
have thus disposed Of all this Information upon .hen
The has relied and s the information must De %
and the property discharged AcelhcAo0 0 Pio'N" "
The seizure must be given.