, 1875-06-06

y ar could It not s:!Zt tile BOOKS ana papers
They were the N .. guilty things thore. The
defendants had confused the right OF private
party in prlva-e suit 20 selze DO 'ks ard laEer5
and the right OF Government to enforce its laws
bv retznre. This Of courPe won|d destroy al
the fo1ce Of tile argument for the defe; dants
A recess WAS t1en taaon, and nt O'CLOCK Mf.
DGrEe concluded his argument. citing NUMBER
Of authorizes IN support OF h'a tosltt1n, aud
c4iticislu5 t1cso cit ted By the dcfcn1aut5.
MI. pESTEa
then r7se and stated that as there was onlv al
ho1r fot three counsel 70 speak in, he thought
hc would defer his arguments ana instead sub
NIT b itf II writing. Mr. ft"ncnter thought
he w>3ll like to see II Us to reply to IL to
which M1. Dexler agreed.
MR. =. F. ATER
then followed for the Government, e'atinE that,
ter tho purposes OF argument, i: must be con-
ceded that the dstillers aud rectltaef3 had been
guilty Of violation of tho Internal Revenue
law. The officers did not wish to selze the pri-
vats bo.lks mt papers OF the parties, bat only
euch as were Used il the business ct manufac-
turing w1i-ky licitly. The statute did uot ANY,
wLsre command The officels to allow the accused
artles to E!fe oouds, anu get their property
back. and tile question Was whether the parties
"c'e allowed such privilege. Tue Law EXPRESSLY
gave tight to seize all tmplenl' 'nts, to .ls in-
ttruulensS, aId personal property whatever,
found on the premises, and they also had right
to eSatniue them. 1t might, perha?e, be Claimed
tea the words - persuual property" were to be
~ be limited 10 ,,eir sieaAtication to such ptop-
c-1y as WI, Of ri,ni!ag character to the TOOLS
imIlelneut', and Instruments above named.
Tie reverse had. hoWever, already been beu to
be the proper spte:rte'atlon by tue S'prerno
Cou~t. Tie Government asked no assistance
from the Court. 1t was tho defendants who de-
slle1 1t. 1t had beon argued that the statutes
ne:e of lenal character, aud vera to be
strictly construed, but he United States su-
rre!ne Court had Also decided that such Inns
were not TO be construed rs penal laws. The
books we're Al lnstrumental1ty used IN Carrying
on the business OF the Dist lers, Tue we're con-
uccicd Wl.l the manu- acture. No constitutional
Question was Involved IN tue discussion Of the
cAse. III. Government already had tue booLs
AID papers, aud the question was whether they
should W surrenle,cI. they question d1d not
arse whether lie books were admissible IN evil
dence THAI would come up Oh the trial. The
uieat had no right in apV form to
eelxe tho books and papers IN Question.
Eveu in any criminal or capita! case it the CAV
ernment olic.a!s had obtained evidence il it
be admit ed no matter ,yne her it WAS
oo:sined f,srly, or through fraud or force.
similar prov. .s4uns tor seizure Lave b. en- iutor-
porated into almost every law enact"d slnco the
adoption OF tile cou >titut4ou, aud decued By tue
CO Its % be constitutional. The Government
lla4 the books. it Lad not opened the sates be-
cAuse tue oihce.s respected sba restraining ordof
Oi Tho Court. but 1t demanded that they should
be all wed 10 examine them.
Another question waa a. to the notice which
had been g4veu under the Acl OF INA. to p.o-
duce the books and Eaper>. The constitution
ity of the tct had beeu assal'ed on the ground
tlai 10 mau could b. comp led 10 crlaluate
i ,usscif. T. vas not kougll = comLel the par
IT,. to give evidence, bnt only t. allow tner
looAs to be exa,nllea. Tae present proceeding
Vas not cr1m1ual case. ano No declrion had
tcen cited to uro.a it. The Government hud
uot optalled the buoks By v1ttns OF any Judicial
pr. cec,ilny; it aad taaen them before IN. snlt
was Let.un The bouas even ahen produced
could Lot be used in C. CRIMINAL lroceedsuG.
NR. WARD,
tie District Attorney. closed the argument Tor
tie government. ue said he ualos the de-
fed mas were scratching tLc1r bralns to show
w:lc4e he i=w was Unconstitutional When it al
loHeI tue Government to selze tue books sud
vt ref lsed to alIoH it TO Ace the records WHICH
showed where tao whisky came from. Tue cou-
stltnto :a3lty OF similar laws had been again and
a.alu acknow edged. The statute va, tuod4hcd
b.ca,,.e.a now 1ae1llod was fouud II bringing the
d.ared raoers into court. The defendants
u14gh, as ncll lussrt that the whole law was uu-
constitutional The Government had the cus-
tody OF the tooks and 2aoers, no:1 coause1 asked
tia: the :evenEe o.clEs should be allowed to
keep amt ezamlus them. rs Instruments Of tue
buslaesd.
THE HON. MATT CARPENTER
closed the Arguments for Tue defendants. aud
began Ills rcua! ka by eaylug that lie Noal1 SHOW
that lie acton Of the oticcss III SELLING tue
books 1nu lNpe1s of bis ceats, and thereby
causiu. them to eliminate themselves. was uu-
custl uuona He said the Law of Conafess
WAS higher than the decisions Of catpct-bag
Jud ud.cs,-quosed by nis lea urd friend who had
pleceded bin. Ills beginning caused the crowd
in the c-urt-room to become all attention III an
tlcip.ttoD OF q racy anu huuno GUS argument.
The tpeakcr gave Two anecdotes In Illustration
Of h1B pcip;, and then becunlug more earoest,
spser>ed that III. clause Of the law III relation to
sue seizure OF implements did not lrclnde tolka
ald papers. aud. When famed Saa not SO 1n-
tended.
lie beuered tnat all the laws in relation to the
matte: we're unconstllu ionAl, and II e,lere w4a
cuult With rrspeetat.lstT euvu5n 10 hold ita head
up and mainaln il. the: would fall to tie
ground. He said til i Ldl furnished an admir-
a. q opportunity for tue press, and iudaum1tory
Articles had been published WHICH iAclted the
officers Ut tbs Ia i tu prosecute the defendants.
Tue oe-horre detective and spies Who bad gwen
Information in these chsea ua4 asked tue UlB-
tr4cs Attorney to ludsct tue defeudan.s under
eresy offense known to the Ian. He eail it WAS
the duty Of tho Bar 10 Btaad bT tie Bench, and
Of the lA1ter to p1 o.ect tue people III theil cun-
atit1tlonal rights Aud privileges. The officers DID
not Known tut that the defendants had love let
tefs n tue1r saiest that they might be mutual
TRENDS OF T!llou and Beecher. and havc secrets
tLev id uot wish to d.vuISe; they did not know
Congress might deciue that tnesc men c.ud
Lr,uy up iawyer aud Judge, and yet It might
lOE cpuHtllutlQn1l he ClLeu several AuEu JIl-
ties to show tblt the defendants BOOKS and
papers could not be seized. aud the prisoners
tins maio 10 crlminato themselves. He held
sui SAID II he hal time he desired to repeat it
over again two or three tmeB, that the principle
iuyo wed IN the English liquor cases we4o that no
mau could be com. e1ud 20 crimluata himself,
and prodpce bus private papers for
tie purpose OF couvlctiug himself.
They sought to convict the defendants By
srlneing IRON them tueIr Ir1vate pauers. No
tnau could give evidence asatust himself WHICH
would tuud 10 ctiniuate him.
S,duey Smith aud the counsel debated for q
moment the question as to who WAS the defend
aut tie later claiming tae case " as agais.st his
cl,euts, aud tho former asserting that they wero
stter the thirty oarreie Of whisky.
The press, aud particularly the New York
tribune, had 30 agitated the question OF
unconstitutional seizure in the Case OF
Clara Dodge d Co.. tLat Congress- was
compelled to repeal the law, ana they came
down aud did It Ike htt!o men. He closed By
cnaractcriz1ng tie Whole proceeding a. uncon-
e;,tltionA aud uutuEt-
HIS argument llao cd from 3:15 to 4:l5 O'Clock,
aud as remarkable for its logic aud wit. lie
spoke very tRpliiT.
Judge Bl1dyett Informed tho counsel that he
would leave for Nex York last evening, to be ab~
zen. week. B4lefs Lave yet to be lied IN the
cares, aud is not likely that = deciaion wall be