The Pulaski citizen. [volume] (Pulaski, Tenn.) 1866-current, 1876-07-06

Who, poor when th3Y went in,
VIII soon their various places leave
With pockets full of "tin'''
MEMPHIs, June Is, 1876.
Self -VindieatiOn Against Gross
Injustice.
1t is duty 1 owe to my friends as
well as to my family and myself, TO
make brief statement in regard to a
matter in which feel more than an or
binary interest. lido this in vindication
of my reputation against an unjust im-
plication, and for the purpose of COR
recting an erroneous impression which
has gained some circulation within the
fast thirty days.
l shall endeavor to confine this cor
respondence to a statement of facts and
figures, without comment, further than
may be necessary by way of eXplana-
tion, for a full and fair understanding of
the whole matter and shall be guided
By a sense of justice and kind feelings
toward all, not intending to give offence
TO even the most sensitive nature. At
the April term, 1876, of the United
States Circuit Court at Nashville, a suit
was pending against me, in favor of the
United States, for the recovery of a pen
atty for the alleged failure to give a no.
tice as a distiller under the Internal
Revenue Laws, in the year 1870, in the
county of Lawrence.
The distillery in which it was alleged
that L was an interested party was erec-
ted and owned by one S. w. Smith, was
registered and licensed in his name, and
was conducted and carried on by him
as the entire owner of the same, and 1
had no interest whatever in the success
or failure of the enterprise, except as a
creditor of said S. w. Smith
In consummatiOn of his duty under
the requirements of tire Internal Reye-
nue. Laws, said Smith executed a distil-
ler's bond, with Caleb B. Davis and
wm. H. Sykes as securities on the same.
On this bond suit was brought in the
Federal Court at Nashville, and at the
April term. 1870. thereof judgment was
rendered against said SmitpS and Davis
and Sykes as securities, for Ghe sum Of
800, charged against said Smith for
United States Store-keeper's fees which
he had failed to pay. And it is not inn
probable that this circumstance induced
this suit against me as herein stated
In the trial of the action against me,
there appeared as witnesses on behalf of
| the Government, Caleb b. Davis and
VIM. II. Sykes, for the purpose of prov
ing that 1 procured them as bondsmen
for said Smith, a circumstance intended
| - indicate my connection with Smiths
! distillery. l never denied that at the
special request of S. w. Smith, / asked
/ them to go security for Smith. On tn c
| further Investigation of this suit against
me, on the 1lth day of May, 1876, in the
| Federal Court at Nashville, it transpired
III the evidence of r. II. Harvey and w.
/ G. Davis, of Lawrenceburg, witnesses
on behalf of the Government, that on
/ the termination OF operations at said
| distillery on the llth day Of June, 1870,
/ one VIM. Thomas, then Deputy Col
| lector of Internal Revenue for the 9th
| Dist. of Tenn, seized lot of whisky at
said distillery for the payment of whis-
! ky stamps furnished to said Smith, and
deposited the same at the drug store OF
| Harvey s. Gilmore, in the town of Law
renceburg. In answer to the interrOga-
! tory as to the amount OF whisky so de-
posted by Deputy Collector Thomas, r,
! II. Harveytestified that there were fif-
| teen or sixteen barrels, and w. Z. Da-
Wis testified there were sixteen or eigh-
teen barrels. l was then examined as a
witness in my own behalf, and in ref
erence to the deposit of whisky, stated
/ positively that there were only eight
barrels, and offered in support of thi:
I
Received Of S. W. Smith eight barrels o.
Whisky, containing, IN all, CAD q rec hun
dred and forty-seyen gallons, as collatera
security for three hundred and foItY-seveT
dollars, for revenue due on whisky. Sale
whisky is deposited at the Drug Store o
Harvey & Gilmore, which is 10 be released, o
any portion Of the same, at any time and de
livered by said Harvey y Gilmore to the saic
5. w. SIN itb, OF to his agent, upon the pay
ment Of one dollar per gallon upon the quan
tity delivered This june llth, 1870.
signed. VIZ. Thomas, DePpy Col
'Lawrenceburg, Jan y 18th, 1871. Receiv
ed OF s. W. Smith 81 eight barrels Of whisk.
containing (34S) three hundred and forty
/ eight gallons, being the same deposited b.
! | Dep'tY Collector, VIM. Thomas. on the 1T
OF J une, 1870, in the Drug Store Of Harvey 4
Gilmore, which am to deliver to Jud2
: hurst, Revenue Collector, at Columbia.
Signed, j. II. LAIS, Dept Col.
Attest, VIZ. B. CHAFFIN.
The plaintiff then introduced and re
examined Caleb B. Davis and VIM. II
Sykes, and in answer 10 the interrOga
tory as 10 the deposit of whisky b
. Deputy Collector VIM. Thomas, at th
f drug store of Harvey & Gilmore, Nj
Davis stated that Mr.. Thomas approach
ed him en- the Public Square in Law
reneeburg, on the II lth day Of June, lS9G
5 and informed him that he (Thomas) ha
5 deposited a lot of whisky 70 secure th
= payment of some revenue against
{ ". smith, and that he tDayis) beiD
interested in that matter, accom-
panied Mr.. Thomas to the drug stoT
OF Harvey 81 Gilmore and there foun
e the whisky on deposit, eighteen barre
= in number. In answer to the questi0
ii he counted the barrels, he stated ths
!, he did, and that he remembered we
. that there were eighteen barrels
y whisky deposited in the back room
2 Harvey g. Gilmore's drug store, by Wn
5 Thomas, Deputy Collector, VIM. !
n sykes next being re-eXamined, state
=, in answer to a similar question, that VI
Thomi.s approached him in manner
= he hWl Mr.. Davis, and that he (Syke
e went with Mr.. Thomas to Harvey
/ Gilmore's drug store, and there -four
! the whisky as stated by Mr.. Thomas,
the back room. Mr.. Sykes further SC
ted that he counted the barrels, and th
there were eighteen; ne was positive Z
@, this peint.
b. r. II. Harvey was then re-examine
q and in answer 70 an interrogatOry, 81
- stated that there was no other barre
ia bis back room than those deposit
by Thomas, during the time the san
s. remained there. The effect of this q
III timony was quite obvious, and in vie
Of the apparent prepOnderanee Of e.
dence, on this isolated question alol
ia favor OF the GoYernment, i Is .
improbable that the jury was indHc
40 to disregard other portions Of my tes
- mony in regard - laptz th9t were n
- teriai 10 the issue. 10 was evidently {
Us intention 81 those interested fand
al one seemed 70 be more so than some
4 81 Ffs