The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-12-12

r,e pnrscss Casc-Exnmin"fi""
Resumed.

,..-,.-,iay morning United States tomll''s'
.-l II. Shields resumed The eNatninatloh
.ha ,harre> Of negligence and fraud pre-
--,l s-sirst Hush Burgess, collector ol III
l r,ycnuc. Rut when the court adj
,,r,,.d. at $50 I. NJ, very little progress
~ %r,n made. as nearly the Whole time
.' ,oscn m in the discussion OF points OF
w., dcf,nrc WAS conducted by Colonel
Nv Jenkins and john Lyon, Esq.
>',,,n,, q. T. Beard asked permission 10
=. ~, District Attorney, as he was the
,.,,,.r' ror Mr.. Hamilton Bingham. the COM
.,.,,n and WIS familiar With the facts that
,.,,,. =, proven.
~ wis declined 10 have any one ASSOC
~ n.,A him. but said Mr.. Beard mish
-, ~, questions through him.
Y, Wells asked the Commissioner 10 ISSUE
-.,.7...:> S,i, iucts tscum for MeSsrs. Burr.
..ts. and johnson. His object was to
8. IN, production Of the gauger's daily
,.ortS tor The month OF september, winch
n.-, >uprp>Cd to Dc in the custody OF
utpurv Collector Burr. The motion was
,,rtn,c,i, lut when Mr.. Burr appeared he
,c,,'d,d that the papers were III the colec-
tor, t.Erc. and rot under his control.
NJ. Wells then asked for SutpGn0 for
,o.srtror Burgess TO appear aud produce
,,,. ra;sr, desired. The motion was argued
:. wrari>ome length. and was finally granted.
Unrtng hi; discussion Mr.. Lyon charged
.,a. the Prosecution was prompted and con-
..npr,l 10 @r,tify personal and political spite,
nd that the United States Government had
49,. Interest in The matter, else Mr.. Douglass,
-, commissioner Of internal revenue, would
,.yr furnished al! The documents necessary
II tAc case.
Nr, Wells said he would admit that III
!, private opinion the prosecution tcGS
rr,Y?,ci ~ personal and malicious aims,
Ind h would say that ne and Burgess were
,,,,rl1.e fliends, but that il was his duty as
,lt,.!,., a.torney TO hriug out ali evidence
.aa Government had, and If a crime had
,.an committed 10 expose it, no matter what
r,iyht he the object of those who informed
TIN q Il.
Mr., Lvon said he was surprised that Mr..
Wells sMonA allow himself TO be made a tool
# f<rsona spite and lend his official intlu-
tYr. 70 a prosecution that he believed to be a
ml'iriou> persecution. That in View Of the
a.mi>sion OF the District Attorney he would
1>s that the prisoner be honoHbly dis
cllrycd that in further support Of his mo-
:t4n h, would offer Two letters from the
commissioner Of Internal Eevenue-one
,fJ-c,S,d TO Rush Burgess aud the other to
commissioner Shields. The following IS a
,v,y 0, the latter:
WASHISGToH, December ), 1873.
~ir.-Iu reply 10 your letter Of Sd instant,
,r,vsn- copy Of ii complaint preferred be-
Iur. you charging violations OF law on the
,.Il OF Collector Burgess and Gaugcr John
>nn and asking my advice, have to say do
10, feel myself justified in intervening either
- influence your Judgment in matter now
u!drialiy before YOU or TO undertake to
auite the proceedings.
The statements made by the deputy col
l.ctor as to The course Of business in the
,7.rtUI', office on the reception Of tax.
lay.rS returns and officers accounts for
>sryte>, &c, the administration OF oatbS,
and the preparation Of rspers for approval
aud signature by the collector, aS we'll as the
hI,h character Of the collector himself rs q
fj,hfu and diigent officer, satisfy Inc that
whether or not the deputy may be chargea-
81" with some degree of negligence. the ac-
ton Of the collector was wholly owing to n
Nl>apprcheusion. Very respectfully,
Signed y. w. DorGLAss.
Commissioner Internal Revenue"
The letter 10 Collector burgess IS OF the
sane purport aS the above.
Mr.. Wells said that as the Commissioner
Of Internal Revenue had not exercised his
power to stop this examination, and rs in
his tWell>'s} opinion probable cause to be.
h,'e crime had been committed had been
made out, he would ask that the accused be
s.nt on, or that the court 20 on with the ex-
animation.
The court oveIruled the motion to dis
Ml~S.
The Deputy Marshal served the Subpoena
cues tecun upon the collector, who ac-
AuoWle lodged the service, but by advice OF
,oun>rl refused to produce the papers unless
ordered 10 do so by the Commissioner Of In
t,rnli Revenue.
una motion of the district attorney to send
Mr.. Burgess on to the United States Dis
,ri,t Court for contempt, the counsel for the
defence urged that il would be Il violation OF
the Constitution TO compel man to testify
against himself; which position Was sus.
tnined by Commissioner Shields, and the
motion 10 commit uyerruled.
The cast was then adjourned until this
morning al ii o'clock