The New York herald., 1872-10-17
THE OLD WHISKEY RING REDTVIVUS
4 Prosecution Instituted for Alleged Defraud-
ment Of the Internal Revenue Tax in lS66-At-
tsnpt to Hold star-Chambsr Inquiry
Commissioner Shields Interposes-The
Examination To Be Held in Open
Court-Probable Developments
in the Old Ring Cases.


A revival case OF the alleged wniskey frauds
against the government SO prevalent in 1896, when
Andy Johnson was President by the visitation OF
Providence was held yesterday before United States
commissioner Shields. An ofical representing the
District Attorney opposed the revival unless peni
tence and absolution done and granted was done
and extended at the Star Chamber confessional
AS will be seen from the subjoined report of the
preliminary proceedings Commissioner Shields,
before whom 1t was absolutely necessary 20 initiate
some prosecution in the case, demurred to this
secret investigation, and, after hearing some OF the
points presented particularly Assistant District
Attorney McKay's application for the Star Chamber
hearing strenu0usly set his face against It, and as
Commissioner OF the Court peremptorily ordered the
investigation fit should under such circumstances,
be proceeded with at ALL to be conducted in the
usual way in open Court. This case appears to be
one of those well known In connection with the
alleged whiskey frauds OF 1866 often referred TO
and detailed at length in the columns OF the
HERALD.
Notion was made, en- Hnaine, by Mr.. De Kay, As
sstant District Attorney to the Court, to hold the
inquiry in private, on the ground that the pubca-
tOq OF the facts, SO far as they have come to the
knowledge of the government, would be prema-
farc and might inJure severai respectane cltizens.
have been issued in connection with the above or
q similar charge, but their names are withheld from
the public journals as they have not yet been ar
rested. The Commissioner, however, decided that
the case ifproceeded with before him, must be held
IN open Court and in the presence , Of the repre-
ti0ns, one OF which this really was.
THE CHARGE.
The defendant, Lewis Samuels, Is charged in the
United States Courts f0r cOnspring with others TO
defraud the government in 1885, out OF the payment
al aepy IN IN na c
Mr.. Dekay, Assistant District Attorney, said:-ln
this it seems to me that it would be right and
proper that the
NAMES OF THE DEFENDANTS
named in the aflidavits should not be exposed In
the papers or journals OF New York city until
there is only the simple affdavit OF one man, and
that Is not sufficient to justify the giving to the
may be brought up or mentioned in this case, and
therefore he asked that there be no reporting OF
thls case until there was something established
against the parties accused.
The commissioner am placed In this position,
that ! have to hold an open Court sit here
openly, and cannot, therefore. exclude reporters
Of the public journals.
Mr.. DeKay-Several prominent citizens may be
facts set FORTH and it seems to me but just to them
that nothing should be published until evidence is
The Commissioner sit here holding open Court.
and II the examination goes on cannot exclude
toned in the aildavlt against whom, possibly.
nothing may be proved.
Mr.. ID. Rollins, OF counsel Tor defence, said that
1t would be better IL there publication OF
the facts until the evidence was in.
The COmmissiOner-It would be well IT. in the ex-
animation, the names OF parties against whom no
evidence Is adduced should not be published; but
II the case goes on in open Court cannot help it,
and cannot exclude the reporters.
Mr.. Harand observed that II both sides desired it
there was nothing to prevent the Commissioner
from holding the Court In secret
The Commissioner-H the examination Is pro-
ceeded with cannot exclude the reporters from
being present
At this stage OF the proceedings consultation
was held between the counsel engaged in the case,
after which
Mr.. Pierrepont said he would ask an adjourn
ment of this case. He had understood that there
would be meeting probably to-day. not to oc-
cupy great length OF time. The District
Attorney has since told him that this case
would occupy a great length OF time, would be
pressed on and would take several days IN its in
vestigation. The District Attorney knew some
thing of his (Mr. Perrepont's) engagements,
which made 1t not quite possible for him TO go on
for q whole day. He would, therefore, ask an ad-
i0urnment until Friday at three O'clock II that
suited all the parties.
Mr.. DeKay replied that he had no desire to
hasten the case unnecessarily.
The COmnss0ner-Make it two O'clock on Fri
day.
This was agreed to and the case was accordingly
adjourned.
Counsel for the prosecution, Mr.. DeKay and ex-
Recorder Smith; for the defence, Edwards Pierre
pont and Messrs. Rollins Harand.