, 1876-02-04

did rot 10 through THO WAREHOUSES; I'm ofhce
words, thAs they wcro NOS aone it, a. ono
door Of tho warehouse and out Of tho other.
Ag.n nowhere in she Indictment VA i speqsa
boen, said a{r. Campbell. peach or spplo brandy
or other liquors. for ali TINT the lndiotnaons
al,owcd.
alr. Campbell tllen showed thst
TIE DATE or TIE A1.IEoEp CossrtAAoY
was put down Ae..Feb. 2, 1874. and Of tho oveft
acts, sovuo OF them wsro alleged 10 tato boen
after tho 22d day Of juno, 1874 Wi'ot the atastos
wpre revised. For thRt reaBoI ht insisted thAt
the count vaH entirely bad. Tho conspiracy, II
there was apo At atl was snot punishable unler The
old law because It vas not completed until after
tho law was repealed. both conspiracy md overt
act mrst be prior 70 Juns "a, lb74. 10 be p1n-
tAhet nader tie old law. or nttor Juno "A, 1874,
to 30 punished undor tho roviston.
III regard 10 tho notice alleged to havo bc0n
given BY Rehu1 TO George Miller, i waa sssorta!
that lhe ind.ctmont did not show that tho notice
siasy ns Il ea 70 any
worlt he to wind up, tho frauds II tbcre
worc any pcrpetrated. According TO THIS hltegctt
oyott act, II wonld appear that Jako cried
"Wolt," and that this WAS tho means Of putting
Tho RontlemAu thought not He thought prl-
vaso cItiaeu had right to warn his ftisnla
L ho thought thoy wero crooked, and he
did not think tho Government could
ea sn5 !5oss 5 ss osnns 81 e ssisisy 81 4 no @
OF stopping tho erookolnses II thero WAS any,
ard tho Government ought not to Bruinbso At
shst.
hfr. Campbell mas about 10 atg,lo point which
waa applicable 70 Mr: lloSt In ls sepafato H.
dletmont, mud That Mr.. Campbell would uudoubs
olly cover this branch Of tho oaao.
Mr. Can1pbeli thon took up tho phrase,
''rur uroN TIN MANxEr."
1Io couldn't f1ud It In tho 1ntofnal Revenue LAW.
Ills clfouts wuro cbargod with putting Spirits on
tho market uithout previously paying the
tax. AZ Pulling on tho markot," ~ far rs
defendants then agrusd togsthof 10 offer the
1pirits for nalc without paving the tax. THAT
was not unlawful. Soc. .32S7 provided that
tho diatillel spirits might be stored In tho dis
ssx. and BOO. 3,2os provided thoy might
be kept in tho warehouse for ono yehr PROVIDED
a bond wos given, and tho language of the bond
WAS that tho disttllcr would pay the ssxcs, OF
enuso thon to bo repaid, before tho goods wero
simply alleged that sLey weEe sold before
the stamps wore paid. not TINT thoy wsro takon
out OF tho uarchouse boforo that ta1 bad been
paid. The other conspiracy couuta could be dis
posed OF In tue safno way.
Tho market might llavo boou London OF Paris,
but II Bo no tax was roqutrod, bocanse tho Spirits
would havo to bo exported. For all the intllct-
meut discloses to tho contrary, the uartet might
haro bean any foreign country.
single count WAS bad II 1t charged more than ono
separate and distinct offonse and stated that the
eounts in tho present Indictment rcre defectiye
II thls respect Afser paying some attention 70
EAv for tho Government COUNSEL.
Jndgo Dtodgest inquired ii Col. Juesasn had
u,ado motion to quAsll In tho Hesiug. .Novhaua
Indictment, aud Col. Juosaen said ho would en-
tor the motion then and thofo.
Ar. Doolttslc explained that tho motion to
quaal, 80 far as It concerned Mr. Iloyt, hai boon
fully argued by Col. IueBsau aud iii. Campbell,
aud hs lad nothing to add to what they aaid.
NIL. BoUTELIs
vas the fir1t to appoa. for tho Government. Flo
lnain.ninou TINT 4 WAS sufficient 10 set forth tho
conspiracy, md then tho overt aos to effect tho
object OF said conspiracy. 1lo quoted authosi-
tieH 10 sho" that II conspiracy ~aa charged it
WAS not neeessary to show tho means used to
further the objects Of that conspiracy.
Mr.. Doutsi theu took mp rho statement that
tho parties moro not punishable Docauao tho con-
spiracy and tho ovott act did not eons.!tuto .
complete ononBc. He inquired IL tho gcutlo-
mon supposed tho conspiracy was suspended
from tho day OF it1 formation 10 tho data Of tic
overt Acss, md maintained that tho conspiracy
Has IN existence during that time, and that tho
dofondsnts were punlahaple nnder tho law ol
Alarch 2, 1867. Tho conspiracy WAS to aofraud
tho Government ont OF tho eak on 6plzits but,
TO not forth elenrly tho moanB used to further
tho conspiracy, when enough overt acts hhd been
mentioned. would bo to g.ro mp tho Govern
was tho proper thing to do. Aftes dwgng
| upon minor pont Tor a short tfme, Mr. Doutoi
| alluded to the ph1uHo t'put upon tho uaarket-"
Ito said goods woro not on tho market while Ia
| tho WareAouEe but only whom they wdro being
sold aud da!iyercd.
! MI. Campbell had said nobody bnt 4 tfistiller
! waA punishable for do'raudiug tho Government
| Of tho tax. tie must havo forgotten to consult
tho preceding section OF the Statutes which sus-
| tied this polut.
| Mas tho ne1t speaker. lie took tho ground that
tho main thing to bo stated MAS the fact of \
conspiracy. Enough w4a set forth to distinctly
charge this ofFonee, It bad boon stated that the
| word "detrpudR WAS 30 Vague aud indefinite
that tho Indictment was bad, aud learned author
lilies had bcon citod 10 provo tho assertion. In
d,ctmenta had been found faulty On the ground
that thu word was too .gonoral In its Scope and
might not hhro included criminal intent. but
+ such cases wero confined to common law. The
! present Indictment Waa not ono Of common
| law, but whs based upon = statute, and
tho words Of tho statute Ind been uaea
in setting forth the ottonsos. What language
could DO morn c1car and satisfactory than that
| 1,Hed In tho indictment A conspiracy to defr&ud
the United States Of tho tax on costatn quan.
ttty of Bpiri,B was chusGod specifically. To make
away tue case. Tho indictment charged thRs
the defendants did Certain acts 10 otYoct tho OBJ
| }octs Of tho conspiracy. Tho Grand 1urv there
| by charged that tho nets wer8 committed. Tho
| AVA&h GoAlN NV H@J kApJ H1tN HUE bub h40 wv
| dcuco on tho trial would show whether they Wera
or were nos committed to carry out tho objects
| Of tho conspiracy.
/. Vas made 10 appear On tho other side that
tile spirits wore produced after tho conspiracy
had hoen formed. Dir. Ayer said It waH not
oven necessary to 6tata either tho tino or the
| place.
What Mr.. Campbell had previously designated
IL
| JAnE'a cny or "woLF"
WIS ns1t oohs!dezod, hIr. Aver maintaining thai
It ~aA an act 10 effcct tho objnet Of tho con
spirsey, and that ono Of tho defendants gave
notice 10 hlH coufederates that the officers were
coming 10 investigate thom., This act was cal
cuiatod to Bubserys tue object Of the con
spiracy-to put them on their guard agains
| beinS 1etoote1.
A1r. Aver then considered ths averments o
time In tho Indictment. and aaid tho,
wuro merely forn1ai. and we're not nocassarl
to mako it good. 1t was sufficient to ahow tia
= conspiracy dill e1ist aud that theao overt act.
were committed to stfoct tha object Ct said con
| eplracy.
"'To pnt upon tho market" WAS next notlcvd,
] tim arHaker Inh5nt4 aiming thNt wAn II natirffn