New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-04-28

THE WHISKY CASES.
Seventh Days Proceedipss.
Inc defense closed with presenting sew
eral records.
REBUTTING TESTIMONY.
W. L. Catlin-The case of the Unitet
States vs.. the distillery of Catlin wa
ageinst the one he claims to be proprietor
OF; MIR. 5. w. Hammond testified in tn,
case; think the testimony was taken in short
hand by H. Conquest Clarke.
A recess was taken here for half al
hour for the marshal to make return a
to Mr.. Clarke.
Pat keenan, recalled, to prove the price
OF corn, etc., to show loss of eighty pei
cent on three gallons to the bushei.
Objected to, ON the ground that it would
re5ut no evidence of the defendant.
Mr.. Beckwith said he proposed to eho Y
it was bankrupt distillery. Admitted.
P. keenan-Was purchasing between
January and April, 1874; the price of corn
rye eighty.tive cents to 81 05; malt 81 %
per forty -four pounds; was not dealing in
1r~Aour then; fine -four was worth about
"a 50, equal to about three bushels.
Mr.. COmmagefe recalled-Don't recollect
the market price of distilled spirits then; it
dropped from ninety.six to ninety-three
cents; don't recollect that it went above 81;
think the price quoted at the time was cor
rect: the local price current reports are
sometimes below and sometimes above: 1t
may have been 81; sales are controlled by
the Cincinnati quotations; the price was
above that.
Mr.. H. d. Coleman-The firm is the manu-
facturer of the Coleman mill; the capacity
OF a thirty-inch is about one-third less than
Of corn: corn depends on quality, fineness.
etc: for domestic use depends on the power
OF the engine and number of revolutions;
a fine horse power engine making $50 rev0-
lutons has not tie power OF q ten horse,
making ten revolutions; the amount Of
grinding depends more on the power than
the number of revolutions; fifteen or
eighteen bushels might be ground.
Mr. Tompklns testified he had measured
the fly wheel on the engine of Fehrenbach's
distillery; the diameter of the driving wheel
was ninety y-seven and one. half inches; pully
of the line shaft, seventeen ana seven
eighths inches; on the mill, twenty-five and
three-quarters inches.
w. w. Simonds-Am familiar with the
transfer of motion by line, shaft and pully;
j. would be according to the ratio of diam
eter: the slip Of the belt has never been de.
termined as an invariable rule; with driv-
ing wheel with two-foot pully on line
shaft, driving another wheel with four
lUOL pNIAy, GuO EUCCO Va LILO AoVGS1 WUulO
be twice as great.
1t was then arranged by council that
Major New should open for the United
States, and District Attorney Beckwith
close.
General Sheldon would open for the de.
tense. Mr.. Whitaker speak for Mr.. Todd,
Mr.. Hunt for Mr.. Willis, and Mr.. Semmes
close for the defense.
Major J. H. New opened for the prosecu-
ton. The question was one Of the most i'm
portant, the first of q series of cases to pun
ish outrsges on the revenue laws and delin-
quincies Of officers. 1t was the people of
the United States who were before the jury;
the government was ite agent. Every one
w2s q plaintiff who lived in the United
States, the government being only another
name for the people who seek the execu-
ton of the revenue laws that we're made to
support the charges. Taxes on distilled
spirits are ON luxuries, which only bear on
those who may or may not choose to use
them. It is not an odious tax. 1t is an
equal one. Every fraud here throws the
burden of revenue on some other tax,
shifting it from one Wo can avoid and
putting it on another which can not be
avoided. We then have moneyed interest
in preventing stealing and cheating on the
tax On whisky.
First-The object is not to collect money.
Il is not necessary to prove 81 of loss.
L. % " PUul6u 1IduN ny Ol6IllcE6e OU'
GERS for combining with them. These par
ties are Fehrenbach and Karstendiek, dis
tiiiers, and officers who should have pro-
tected the government. There is 70 crime
60 obnoxious Us q breach Of trust. Other
crimes you can defend yourself against.
Bat when one takes advantage of the trust
and his position near your heart, there is
no defense; you can not surround yourself
with any protection against those'wh0 go
back on those by whom they should stand.
The people SAX you to punish those who
have sworn falsely, and who have used
their positions to cheat and defraud. The
distillers could have done nothing without
them. There is the moral question besides
that makes this case the most important
malarial disease of the physical world, leav
ing its home to attack q community, was
compared to the moral corruption that
eometimes seemed to overwhelm q people,
its officers, courts and justice, and crimes
become 80 common as to excite merriment.
This moral epidemic has America in its
grasp in this centennial year. The name Of
an American in Europe is mockery and
by-w0rd, and when man steals it is said
he steals like an American. Bat this cor
ruption is not below the surface. The
people abhor it when they see it.
Section 440 of the Revised Statutes OF the
United States, On conspiracy to defraud,"
was IcdU, anu Luo CUuEL dehou W CAdIEo
that the crime would be complete even if
success did not follow, if they had COM
bined, and one had done an act having that
for it's object. There is no need of formal
agreement. A combination by the distillers
and knowledge of it by the officers is
enough. The proof is of two kinds, docu
mentary and oral. Mr.. Fehrenbach owned
the distillerv and bought it from Thomas
Murray. THE form required; the survey
By c. w. Wills, acting collector; bond Of
Mr.. Fehrenbach for $4,000, with o. H.
Karstendiek and p. Keenan, as sureties;
registry of stills; the libel on the seizure
and answer; appraisement. dated April q,
1874, and application to change capacity by
closing tubs seven, eight and 9lne, were
read They were sealed by John Nc
Wh,rter, January IL.
A recess was here taken.
After this Major New closed his argument
with recital Of the duties Of the officers,
going over the testimony and clearly pre-
senting the case for the government.
The arguments will probably end to day.
Political Matters.
A convention of the Republicans OF
the parish of Iberia will be held May to