New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-04-30

ton ask you to find the affirmation of the
issue on the evidence adduced to show
that ftty-two barrels of distilled spirits
without warehouse or tax paid stamps
trade mark or brands required by law
were found in the building ON the rivei
bank, which was not reported as a part
OF the distillery premises. Have you any
doubt that the fifty-tw0 barrels Of Spirits
were found in that warehouse on the river
bank; that they had no tax paid stamps, OF
other stamps or legal marks upon them;
that eaid warehouse was not the bonded
distillery warehouse ON the distillery
premises! That this building on the river
bank was not the boLded distillery ware.
house, is not claimed by the defense. The
bonded distillery warehouse was, according
to the plan. part Of the distillery building.
on can. therefore, have no trouble in find.
ing that this building was not the distillery
warehouse on the distillery premises, and
spirits could not be lawfully removed to it
unless the taxes were first paid, and not
even then if the building was ON the distil-
iery lot. The government Claim to have
shown by the sworn answer of Fehrenbach,
filed in the civil action pending in this
court, in which the United States is plain
ttiH, and Fehrenbach, distiller, and fifty-two
barrels OF distilled spirits, etc., are defend
ant, that Fehrenbach claimed the fifty two
barrels of which am now speaking as his
property. Then the question remaining, the
second proposition necessary for the prose.
cution to establish, has been established.
But If you ind either that there was no
conspiracy. or that Fehrenbach did not re-
move. or cause to be removed, without the
payment OF the tax thereon, any distilled
spirits from his distillery to a place other
than the distillery warehouse on the dis.
tillery premises, the prosecution must fail,
But If your minds are satisfied that the
conspiracy charged in the indictment is
proven, and that the removal Of distilled
spirits, without the payment of tax. is
proven also, as charged in the indictment,
then the only remaining question for you
to determine will be, who were the parties
engaged in the conspiracy. Are you salts
hed that Edward Fehrenbach removed or
caused to be removed from his distillerv to
the building on the river bank the fifty two
barrels of spirits, without revenue or other
stamps or Legal brands and markss Upon
this point the prosecution insists that it is
shown that the building on the river bank
was erected by Fehrenbach; that it was
used as place from which to receive grain
for the use OF tie distillery; to land epirits
manufactured ct the distillery upon the
barge X. +. Lee upon the river: that Feb
renbach has sworn in his answer that the
fifty-two BARRELS were his property; that
after Brooks discovered the whisky Feb
renback did not attempt to account for the
fact Of its presence without stamps in a
building outside the bonded warehouse
that he is shown to have been engaged in
a conspiracy to defraud the government
of the internal revenue tax on distilled
spirits, and that other unstamped whisky
Cd other occasions was found in the
same building, and from these circumstances
you are asked to infer that Eehrenbach
nv IN ha
fifty-two packages of distilled spirits to the
building referred to. Are your minds sat
isfed upon this facts The prosecution is
not bound to make it absolutely certain,
but to satisfy your minds beyond reasOna-
bic doubt. 1t you are go satisfied it is suf-
iceut.
The prosecution claims also to have
indictment is proven by the evidence which
has been introduced to show that of the 225
barrels Of spirits which should have been in
the bonded warehouse, ia were missing.
If on are satisfied from the facts shown IN
the case that these barrels were removed,
or caused to be removed by Fehrenbach,
then the prosecution have succeeded in
showing one other overt act charged in the
indictment.
The prosecution further claims that it has
shown that distilled spirits were surrepti-
night for several occasions from the cistern
room, and put in unstamped barrels, which
were afterwards removed from the dietil-
Iery premises. If you should be of opinion
that this is shown, another overt act
charged in the indictmentmay be considered
a. established.
The prosecution claims that Otto H.
Karstendiek was one of the parties to this
conspiracy, and that the evidence to show
Z: khA oil
tends strongly to prove the existence of the
conspiracy. 1t is not denied that karsten-
dick was a rectifer and wholesale liquor
dealer in New Orleans. The prosecution
claims to have shown that Fehrenbach, the
person who appeared to be the owner OF the
distiilery, was before the distillery com.
menced operations q clerk in the employ OF
Karstendiek; thst after the seizure of the
distillery he returned to the employment of
Karstendiek as q clerk; that he was man
of small means; that karstendiek became
one of the sureties on Fehrenbach's distil- |
ler's bond, and that he appeared to be the
purchaser of all the spirits distilled at Feb
renbach's distillery, and that this last fact
is shown by the distillery books Kept by
Fehrenhach himself, as well as by the de-
ciaration of Karstendiek.
One who rectifies. purifes % refnes dis
titled spirits by any process, Of doing none
of these things, who shall by mixing spirits,
wine or other liquor with any materials
manufacture and compound liquors for sale,
under whatever name, is q rectifer.
He must give notice to the collector OF
the district of his intention to commence
business. give details of stills, boilers and
tubs to be used in the business, and the
capacity of the establishment for the pro-
duction of rectified spirits.
AL stills set up must be registered; the
rectifier must not purchase spirits in larger
quantities than twenty gallons from any
person other than bonded dlstiiter or
wholesale liquor dealer, except at judicial
sales. He must keep q book IN which ne
must enter all details of spirits received
before any part of the same is drawn OF or
chan ged in any way: and on the same day
it is received, in like manner, before he de-
l;vers spirits sold by him; all details Of the
marks. stamps, character of spirits, etc.,
must be entered up in their appropriate
columns. He must not remove spirits be-
fore sunrise nor after sunset.
He must give notice on prescribed form
before emptying casks OF spirit Tor rectlh-
cation Of his intention to do 90.
He must also enter, in appropriate col
umn, when the casks ore emptled, the
stamps are ''effacea and Obliterated."
The regulation says these terms mean
s'complete destruction"
He must notify the collector when spirits
are reotifed that gauger may be sent to
gauge, prove, mark and stamp the PACK
ages into which the spirit may be drawn;
He must make monthly return OF the
quantity of spirits received for recuncar
ton and the quantity rectified during the