The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-07-23
THE GAuGER CASE.

THE GAUGER CASE
the nearing or the case OF Constantine Sebnerr,
gauger, who Is charged wish allowing men to
steal liquor from casks the piers, was resumed
yesterday before Commissioner Shields.
william II. Thomas was examined by Mr. Ethan
Allen ON the part of the defence. He testified that
ne was q city gauger, and had been one for the
past twenty years; he had assisted Mr.. Sehnerr
ana had been employed by him; when the liquors
were seized last fal there was great deal OF
work 20 do; several vessels were unloading at
the time; witness knew from experience, and as
a rule that the Dung starters took liquor; the
practice was TO give liquor 10 the men; many
took IL Without asking: when liquor came on the
wharf there was generally present the owner or
representatives; 1t was No part OF q gaugers
business to prevent stealing; witness had hoard
Mr. Schnerr tell the men at work not to take
liquor; witness had received liquor from mer-
chants; the liquor came from the store, not from
the wharf; while he was United States gauger he
received liquor from the wharf with the consent
Of the owner 1t Is the business OF the bung start
srs to take out the Dungs from casks; he ooes
this under the gauger's orders; the gauger then
gauges the casks and marks them; the cooper
ahen puts back the oungI the pungs occasionally
remain out for q day or two before the cooper
comes; the gauger has no opportunity OF know
ing what the character OF the bung starter is;
the casks were gagged at their full capacity.
Witness stated that, II there was sixty gallon
cask having only nfty-nine gallons and three
quarts. he would mark it sixty gallons; but If it
contained nity-nine gallons aud one quart he
would mark 1t nIty nine gallons
The witness was cross-examlRed at length by
M. Fursy. He said a voan2e held hall gallon;
ne md not know what hour the seizure in THIS
ease was made; could not say whether MI.
schnerr was present or not; 1t nas been
ssuger half gallon OF brandy; tIe
liquor was gagged; IL had always been the prac-
lice Tor the men TO lake wnai liquor they csuld get;
Witness gauged liquor Tor the merchants after the
Dn4ted States gauger: witness cOuia not discover
whether liquor wac taken out before the United
States gauger marked MS gauge he sent returns
to the merchants; when he was assistant United
States ganger he sometimes made private returns
gain with The mercnants, but took what they
gave; witness saw several Of Seanerr's men
gay whether schnerr knew It.
Augustus ii. Brush was next examined, ana
testified that ne had, In conjunction with another
taxing liquor from casks; MI Schnerr ala not
Know thai any OF his men stole liquor; the nquor
Paiiip A. Powers testified that he worked for
MI. schnerr when he was United States gauger;
witness was a clerk, making out returns for the
Custom Housey ne remembered the occasion or
the arrest Of tae parties gT taxing ~ 20 rel
there regular charge, but no merchant
VINO did no. pay got returns rara =, secSna me wiz
ing sh0rt returns; t was duplicate Of tae Gus
tom House return II Sas 'as practice e. 70 give
gallons given away; Mr.. Scnnerr get liquor hike
tue others; It was considered as pIesept prop
eFly and honestly come by; Rotnenbefg was dJs-
charged by Mr.. Schnerr. bas ne never heard him
makign any threats.
worked for Mr.. Schnerr for ten months; witness
made out the returns for the government; they
ne d1d not gauge himself; he coeld not mention
tho name OF any merchant who gave liquor; ne
always with PERMISSION; he twitness) once
TOOK gallon OF wine IRON cask az
ing private returns which ne gave 10 merchants;
ne made no returns directly TO Schnerr, but
he mSde his returns as city gsuger, then he copied
them ana gave them 70 the merchants, for which
CIV. the names OF any Of the merchants iOr whom
he maae returns; sometimes he made the returns
70 .ne EnTss rs Har ,o,e ,na er sre ~ ,sae
ne would make liberal gauge; Schnerr owed
witness. $3.50; scnnsrr borrower money nom sev.
more money than they earned and put the amounts
down en- the payroll, so that he might get paid
himself Tor the extra work which ne performed;
Schnsrr knew this, as he made DOT tue payroll.
Counsel for Sehnerr admitted this state OF jacis,
20 the payment for extra work done by other
clerks for whom no provision was made BY law.
The further hearing Of the case was adjourned
until Wednesday next, &C one O'Clock
ECULLOUGES LETTRE DE CACHET.
Mrs. Annie Small was a witness In the habeas
corpus proceedings about the child Annie Small,
ana recently Delore Jno LeGlSiatlVe committee
tsstiaed against Police Captain Mccullough. she
states that she was previously waited upon ana
asked whether she was going TO testify against
the Captain that she said she would not volun-
teer testimony, but II summoned she should 90 So
and that tnereupon sue was cold II she gave tesu-
mOny against the Captain he would not allow her
70 live in New York. Following the giving or her
testimony which told severely upon the Captain,
charge OF perjury preferred against her by
Captain Mccullough. succeeding such charge and
her arrest upon the same writ OF certlorarl was
obtained by her counsel. The case came up for .
heanng yesterday before Judge Westorook, In
the Supreme Court, Chambers. There seemed 10
be considerable difference OF opinion between the
Court and counsel as 10 whether q review OF the
testimony before the committing magistrate
could be entertained on a statutory certlorarl,
the Judge holding that there was no provision IN
the statute 10 authorize review OF the whence
NJ all, and counsel holding tnat toe cases in this
district led to dinerent CONCLUSION, anu that tie
evidence well 40 the commitment might be
Tev1e wed. After a friendly discussion the matter
was adjourned until tomorrow, when counsel
for Mrs. small Will bring forward cases IN support
OF his motion.
THEATRICAL, LICENSE