New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-04-23
The WHISKY CASKS.
Third Days. PrscesAings.

The WHISKY CASKS.
Third Days. PreceeAings.
The returns of the gsugsr, w. N. Todd,
Mr.. J. j. Brooks was called for oross-ex-
animation. He had been ON duty in
Chicago and Cincinnati; he detailed the
law; night storekeepers should keep account
and report. A detail of tho duties of the
officers followedl. Mr.. Beals, tho store
keeper, had failed to report, except up to
the seizure; the distiller failed to make the
proper entries, referring then to the twenty
was prims facie evidence of fraud. The
storekeeper's books we're kept on the theory
that nine tubs were running when three
were cut of: Eighty per cent of the spirits
were probably tax paid. The direct evi-
dence was then repeated and afterwards
the witness said the twenty-five ware
house stamps found by him at the distillery
bore every evidence of having been used
before; stamps when taken off of packages
Withdrawn from bond should be destroyed;
witness said that the fact that Karstendiek
had disposed Of l23 packages of spirits
without dumping the same did not show
that there was any fraud on the part of
the distiller; memorandums of grain were
again presented; the small "blue book"
and other details were gone over; the re-
ceipts to P. Keenan, show their deliveries
were for the distillery; witness said he
could show from Wholesale liquor dealers
and st0rekeepers' records that the records
were either false or the spirits must have
been removed without afixing the tax paid
stamps.
That twenty-five packages of highwines
were reported as gauged BY the gsnger and
entered in the storekeeper's book as being
received in bond in due form; he also re-
ports that he released from the bonded
warehouse these twenty-five packages of
spirits bearing certain serial numbers;
the gauger makes return that
he affixed the tax-paid stamps to these
twenty-five packages prior to their
release from bonded warehouse. All that
appertains to that release must have been
fraudulent, because the tax paid stamps
could not be upon those barrels, as they
show that Mr.. Todd, the gauger, did not
sign them as gauger; that they have not
been pasted on the back or Cancelled,
and show as clean face to-day as when
removed from the collectors Office. There
fore these returns must have been false.
1t was possible that distiller could pro-
duce spirits in twelve hours; that was
secret A detail of the amount of receipts
on the distil!ery barge r. e. Lee was given,
lures; some were signed with q cross, some
BY r. Clark, some seemed delivered by p.
Keenan,, some did not show. They all
should be dated in 1874. Witness person.
ally did not know P. Clark.
To the cOurt-Tbe aggregate of sacks
was 10 887 of corn. I'LL Of rye and 6o3 of
malt; at fifty-six pounds it would equal
81 ,732; the receipts appear to be all from
deliveries Of P: keenan,, of No. "a Peter
street and No. Is Commercial street; they
were all put on board the barge "of' or
'for" the distillery; their receipts have no
date: the receipts and accounts agree sub
stsntially.
To Mr.. Sheldon-If l had not interfered
the government would have lost money.
Question-You mean roNldf
Mr.. Brooks smiled and the line of examin-
alton was not pursued.
Mr.. Brooks again went over the points he
had presented in the direct examination.
It was the presumption that the stamps
from Nos 42 to sos we're paid.
To District Attorney Beckwith-The
gauger should sign as such, after that tho
storekeeper; then the gauger goes to the
warehouse; he should put seven tacks
through the stamp and stencil "wavy" lines
at one end is his name, at the other his
ofice; then he should varnish the stamps, Q
brand should be cut or burned; after this
the gauger certifes what he has done; the
liquor is gauged and the stamps should be
destroyed.
The rest of the cross-examination was
almost entirely q repetition.
After the recess Mr.. Alfred Brooks was
called to the stand. Is q revenue agent; en-
tered the distillery OF Fehrenbach with his
father; remained there; Mr.. Frank Rey-
would like to get from one of the desks;
told him Mr.. Fehrenbach said there was no
money there; the desk was opened and Mr..
Reynolds attempted to carry OF package
in yellow envelope, saying it was money;
witness said it must be counted, and de-
tanned him; it contained stamps, warehouse
and tax. as ascertalned afterward, from
4S2 to SOB, and q email amount of money;
the list of stamps was read it was
evident the warehouse stamps had been
ueed; paste had been applied to the
edges and the wavy line tampered with. |
The stamps were exhibited to defendants |
counsel and distributed among the jury.
They show the wavy cancellation to be |
faint or blurred and distinct marks of paste |
on the reverse, as if removed after being |
affixed to packages The serial numbers |
stamps. (Other stamps which had not been |
used were then shown the jury]. The desk |
was the small one; remained in the distil-
lery till evening; found in the warehouse q
number of barrels of spirits with no
stamps; counted them-there were fifty
two; assisted ia taking memorandum on
the thirteenth of April; called off to John
T. HOag; examined it afterwards; there
we're no indications of a tax hav-
ng been paid. On examination of
The warehouse stamps there were
,hree without punctures that should be
made by tacks l recognize the memo
'andum presented; it is that of Mr.. HOag;
here were Ill barrels when first saw the
,onded warehouse opened; there was a
.auger present; it was April t3, 1875; there
we're no other packages than the fifty-two
,arrels; don't know the contents of the cis-
ern room; Mr.. Steele Ia deputy marshal)
vas present
Characterization by Mr. Sheldon-Mr.
cntwish was present; don't know that he
vent as guard; think all were armed; had
le occasion to use weapons; saw him first
lpril 9, 1875; last, three or four days ago:
ave been in New Orleans since the seizure; |
lear the levee were found 1913 sacks of
orn, ten bags Of corn, sixty-one bags of rye
nd fifty one bags of malt; we counted them.
Redirect by District Attorney Beck
vith-The estimate was made by the Of |
cers; come was weighed; the average was
rom l23 to 1873 pounds; the estimate was
wo bushels to the sack; the weight would
Indicate more.
To Mr.. Sheldon-C Counted the sacks.
To District Attorney Beckwith-Did not
ee any st0rekeeper till seven or eight
CLOCK the morning of the ninth; didn't see
ny ct night; didn't see any colored man.
Francis Kelly called-April l3, went to
Nehrenbach'e distillery with John T. Hoag;
William NJ Todd was the gauger.
Mr.. A. II. Brooks recalled-T0 Mr.. Shell