, 1875-06-06
THE ILLICIT STUFF.
Argument Before Judge Blodgctt
in the Whisky Cases.
Il It Conf ional to Sei@e the Books
AID P.ptrs Of Private Parties:
rhe Decision Need Not Ec Expected for
Some Days.
een Ketstcr's Commission as Collector Sen
10 The President for Signature.

kRHFGLTT EEFRRE 3EDfiE
The courtroom OF Judge B;odsctt WAS crowd
ID yesterday aiming to bear the argument in
the ~Llsky c4scs On the right OF the Government
u seize the hool:s and pa1'err cf osst::leto aud
.ectitcre who had been defraudlnc the Revenue.
After dlsposlng Of some mJtluos and dcmurrers
Judge Diodgcts said he WIS lea !; to bear the
arguments, out ne thought the questions lay 50
pes- She rurfacs that they could be comprehend
ed 10 three hour TINS. He could give four
hours but his time vss liui ed. and he wished
70 intimate to tho coua.o! 10 be "a bret Is poss-
ble-
Mr. Smith said the Government was represent
ed br only three cJun.e.. while t.:e:s ne1e sew
er,I rartles defeodante, and 1t would hardly be
fir 10 give the District Attorney as much time
q Ill the other attorneys.
MR. WARD,
the District Attorney, thea -tated the questions,
~ ha understood them. which were 70 be argued.
He eaio the c1se had been thrust or the Govern
.nent une1; ectcdlv, and tie question was as to
the right c1 The Government to make the seiz-
ules Tie Looks aud papers Ct sou.e oiet.I!srs
hkd bean seized, and tie distlllers lad then OBJ
ts,neo Al INJUNCTION ple1euting the Government
oa1cis1s ope:llns she safes. subsequently sn Or
der wAe rnada BY which the books aud safes were
rt,Aued III the hants Of the revenue ot1:c!als,
white the COZ Esc-ted property ~as returned
to tae claimants CD FRO er loads being given.
The position OF TIE Government wa, tiat
this II, pec.y was s;lalecl 70 ee4zue. Til, was
the question tia: Government Gid n3t prof. ose
10 surienicr OF ignore in the case. lie lusst
that the & .yeru,oeu. aal tie right, il MT sula,
;olut!v wi:h tie tar:cs acc:leei TO selZe the
books aE1 p:i CHS for tic Ut ose II oAslsalpa-
ticn and d.,cctiou Of olausce, II they Lad been
n] fa+re, y -,
Il .ns nis oe-!re Il tho art Ct the Government.
tha: the =: d. sh )uld CONAN lrov161ous TOT the
oneulrE OF The saf, E ME1cil wc.c IN the custody
OF tho Gust. Clan either BY tie raI1.es tneul-
selves c, IN cuuo 2cs!pn With tue ocer, OF TIE
Ft1enre. an1 1:at tile cu-lody OF tue books aud
pal err si.oHld cl.eiu III the care OF the E.seuue
ealr.ais, III. jcc; t. tie ur>le: Ut the Couil.
Nh s..1rH
Ead in his o;i3'on the u 1e-,. vas as to the "a"
cstr3n q! the r te"s. lie wculi. ...e:et :e, a-h
that the no orders made tv tie Csur,, 'Gcl
placed ti,e Locks AID ers Of the Il feEd..!s
in the hands OF the ua.:Lal bc vacated. u to
Tesorn theu, tc the ov'Gcr@, tn t!,p rr3uui hat
the Drs:lc: A;tcracy wae %: cut lei 10 :hcu
he co1u=e Ia sad 'ha. he qutstLn had been
thrust ou r.c Government, bit lie :hou...t ll4at
it had been thr9st cn the da:eD1an = ire ~ live
j., Eheu tiN:r u Cts aud papers nad been se1et.
Cot. Jn=een sltn sa.d 1!sat he had been
reta4ued ., slrsra4 !,a:t.-s. aid aisued al Euca
tine TOE be.
who occr led tue t1a.c In: ~ IL d it li.u1tru
~ muc:l Us p Elble to three ~.rs.
Mr. Eu! !6e as scd II the arc u:llut o.l1 b:
restrained tncse i1se ii 'n5 II cclsris " s!i:;d
hkd oeen already .:Eeseai"1-tae ya,4iJa Of tie
ton orders.
The Jucce zhonebc :: vcr!! te ve-v cia;c-l.t to
Lmit 1t. trlt slzt al The questions iuvul ed woald
pru.h. y .,e nCi.jel.
Nj. smith THU opened the argument By Sat
tDg tha.
THE s1:,.ZtN 10 TAcAIE
would involve h. lict- III slO:4 lis Er0Adcst
extent 1Ec de:sl.d4.t's ,o,.tiou IVES that the
Gove,rrnt1,. ha1 no right ir a1.v for1a luueg the
l5w or Cous:1 ut:un 10 Comp tie Iruductlon II
tho }rivs-e Eo15s or i,ateIs foT Tue inr; ose Of
9otWarolrg the evidence 10 tc used III CAST of
4 cnuaiuAi qE*>l-c1Iui!laI i:ctrla+ Il was
claimed that the b. o. ard papers. were in the
same enc orrre, as L. wcic, w!:h tie c1ntIaLaal
Ntl-xv, Ind the Fu1.lcs cori'd not tc Coupe led
tp aid IN ,ha:r owu conviction. III. sni'A t!ssn
crted eeyeal cases III Massachusetts 3 id other
6tster, to show that tic p4tteut 1roee=diuE
vfas criminal in ltn uatura- 4 lrocaedip11n rem
to coniibcale citizens property 70: slnjatlcn OF
the Law wss c41ullaal proceeding. Ile ques-
Gcns e!1s:ag were Is ~ what luis l4ty VAS ~
compelling parry to lTodv4e evidence aca!1s:
hin,t elf IN for" ard'as c:1rnnat prosecution
Under the COMMON law, tue right - rcarch aud
eeize prlsH papers, not for cJnfscalou but
Tor eva nce nG7u,t tue accused, MAJ absvlutel;
prohibited Il had its origin in the Star Lh4in-
Der; rns abolished, nn1 then revived tu1ef
the L."euse act. lu tho reign OF George Ill. in
l7G5, it rs specially Condemned b. tue JUICES
Of n,laud, ss 1e} orted in uarsr2re's Stale
THAs. The !aH Was also la,d down in
tho celt brat c-'se Of Eatl.cH Ne. Ca'-
rngton, epd HeE1aa rs. Mead. Ac. It lad
Afso been Lcl1 TINT M attorney could not be
compelled to IruGuce the papers OF his clicut
for use in evidence against tbat clieut. The
council then cited large number OF other cases
70 the eame edect-il2t tie palern II m ac-
cused could net be III any case sei1ed f.r Use
Against hi.nsel1.
TIE CONTRARY GC1E
had frrt becu promulgated by the american
Government in lsGs, when it *an rov1ded TINT
books ard papers might he seized, "Leoe'er taey
night Le t-uud. wuen there Lai brcn Villa
tioa o1 tue cus;o us. Tnls was repealed in 1s67
Ind modified law ct tho salao char
at lisaed lie who]o di=s'aeetul s1@:~
ute and rtil another WAS ena:tcd-
Under tue fifth section Of ta;s act the Govorn-
n,eut pretended to proceed. But BY the sery
tertnr Of this et4tu:o the present rroccedios w1s
excluded, it being cr1u,rAl. The books were
full Of cascs Which were evil in their nature,
end th" law ci'|r Il. =! to hem.
1874: ~ - A ~
Lust IN al suits AID proceedings, other than Grim
Undcd - ~. TO tt o,ney representing tie Goreru-
nent, W.cnrrcr, IN his oi;nios, any business book
tnTaiCt lI;e1 beoug1ug to under the
control. ct tie dtftud4-t claimant will
Ead 10 prove my allegation male by the
United S:xtes, Ray Elak@ written motion
PARTICULAR. describing Envl beck iuvocc or PAPER,
md setting forth the 4ieG tou wllh he expects to
prose; sud Il>on the Curt il which SUI: PRO
edirg s I'eutluk may lis lscsc:io4, Issue no
des t. the defendant uf tl.tEaant 10 Iroluce such
book invoice raier il court; dry or hour to te
spte1de1 IL aid no wicI, together with Aso.s o:
s4:d motion, sLa br Lc-vel formally the dfeud-u1
Ct c21nant by the Cu1;vd S;.tes M-rfhal by deliver
s TO hin ce,t hcd copy thereof, otherwise sery
1t the saile o7ig ginai notices Of suit in the
eoCf4 are served GuI If the defeadAut tIarnaDt
shall tai or rsfnsa t. produce such book nrotca
pales, IN cbcdien'e to euch uotire, tie IL
sgEHous stated in tho E2Ii nolau shall be
Aken' cou{=Rcd uuiees his future
n refus11 to produce the saUe sA4l he explained
LII satisfaction OF the Court And II 1rolucel, the
sad 4stozney shall be petnte1. under the d'retion
tht Court to make examination lat Viii
don tile uelt pdanl clatnuu', Ii agent, nay be
prreent ot sueh q. rcs in s Jook, invoice, paper
hreAte .tud prove the ali g4..oa aforesaid,
Ind may Of ler the IN evuencn on btha4 o. the
Cnts1 Statee. But the owner Of said b>oEs and
pa4t1s. Liz agent or attorney. ah@n have subject to
~ order at h. Court the custody Of she1, except
f&ndlug their examination IL tou:: &c aforeeaid
col. !JESeEf
sontipued the argument for the defendants. He
hid Tie act OF 1874 had been passed uusnlraoue-
Hty C.nEress, not even Zen Butler daring to
sl1 os IL. aYd it WAS evident TIA: it Was for the
tl1p,so OF shielding pezsoos from seizures TO:
lorfeiturea. lie en.a1ged on the fact that the
heaent proceeding waa criminal in Its character,
ind A+7t Ia "a a