New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-03-31
ALLEGED REVENUE CONSPIRATORS AR
RAIGNED.

OPENING ADDRESS OF DISTRICT ATTORNEY TENNEf
THE DEFENSE TO BE ONE OF LEGAL BUBBLES
MOTION MADE TO QUAsH THE INDICTMENT AS
FATALLY DEFECTIVE on MERE TECHNICAL
GROUNDS.
The arraignment of Special Agent John ID.
sanborn Supervisor Lucien Hawley and Assessor Al
fred yanderwerken, for conspiracy TO defraui the
United States took place in Brooklyn yesterday IN the
United States Court, Judge L. c. Benedict presiding.
The court room was filled early hour with crowd
mainly composed Of elderly men who had evidently
great interest in the proceedings, number OF lawyers
of local prominence who spectators and several
revenue agents and nlormers. Conspicuous among the
latter was tall form of Warrick Martin the OLD MN
,ser who lodged of whisky frauds &c the
amount OF ssOOOOOOO which formed the basis Of San
horns first contract with the Government Special
Agent Cutler and another represented Jaynes late
office aud were apparently greatly interested IN the
proceedings
II WAS apticpated bv many that Benjamin f. Butter
would appear for his partner Ssnborn but he was repre-
suted only by his shadow United States Commissioner
John l. Davenport who frequently consulted with the
council for the defense.
Tue counsel detained BY the defendants who appeared
In court were Benjamin F. Tracy for Hlwley, exJudge
shipm.2 for Sanborn, and Messrs Bohr Bschn1an ana
Erhardt Vanderwerken. The Government was repre-
seuted only by DistrictAtOrney A. W. Tcnney ana his
chief assistant, George w. HOxe. the officers at
Washington having declined to afford the asked
for assistance. Prominent citizens at one time
proposed TO employ William NJ Evarts and others TO
assist the prosecution but delay ensued. and the idea
abandoned. The delay OF the Washington officials
to supply DOCUMENTARY evidence, and the persistent
refusal TO aid the law officers the prosecution through
able counsel. il a remarkable feature OF the case.
Most Of the counsel for the defense at home in the
Court Of the Eastern District. Benjamin f. Tracy.
counsel for Hawley, formerly District-Atorney OF
the District. He was once the law partner OF Judge
Benedict and IS an intimate personal friend OF many
years standing. ExJudge Shipman. counsel for San
born was formerly United udge for the Southern
District OF New-York and familiar with the practice OF
the Courts.
The proceedings yesterday we're not OF spirited
character. TIE opening address OF Mr. Ienney ana
orief Arguments by Mr. Tracy aud MI HOIlo rs W 'no
va - ina Indictment occupied the most OF the
day The point was ralso5 by Mr. Tracy that these ON
could according the law under whicbthe three
defendants were indicted conspifO together they must
conspre with other person not an officer land this
the indictment did not aege. The bubble thus raised
SMILE and there several remarks made in the
hearing of the reporter that indicated bslief on the
part OF the speakers that the sdefense II judged
by the first point PRAISED, extremely weak.
The point however, grayelY submitted TO the
Judge who is render decision upon 1t to-day. 1.-The
decides the point wei taken the Of the Government
comes 10 end, and the virtual acGutal OF the prs
ID conceded. Upon this point the whole issue Of
the trial. therefore. turns, and 1t 10 consequently
watched for wi am