The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1876-06-14
ANOTHER CROOKED CASE,
And L. B. Brasher Slips Through
the Tangled Web of Uncle
Sans Spiders,
THE CASE

STATED BY COL. TRUssLER FOR THE Gov
ERNMENT AND GENERAL HARRISON FOR
TIE DEFENsE-THE JURY INSTRUCTED TO
FIND A VERDICT FOR THE DEFENDANT.
The case of the United States against
Lewis B. Brssher came up In the United
States Circuit Court yesterday morn
ing on postponement from last
month. This indictment was found
at the same time with the
others in the whisky fraud business last
time to time since. The defendant is a
brother to the revenue agent, Pen Brasher,
who went upon a European tour to avoid
the pressing attention of the authorities,
but beyond the fact OF the relationship his
connection With the frauds is
somewhat difficult to establish. At
the most, he seems to have
been used as a sort OF cats paw by his
brother and the Binghams, who sent pack
ages of money by him to the latter on sew
ersl occasions. No evidence in the hands
of the government shows that he profi.ed
by this transaction. In the conduct of the
case, Col. Trusler was assisted by Gordon,
Browne and Lamb, and the defense was
entrusted to Harrison, Hines and Miller,
assisted by Hon. Benjamin Butterworth,
OF Cincinnati.
COL. TRUSLER OPENED THE CASE
for the government saying that only the
second count of the indictment would be
insisted on. 1t is not charged that the
defendant, Lewis P. Brasher, received
money for his own use, but that on two
occasions, once at Vincennes and once at
Evansville, he received packages ofmoney
from j. w. Bingham, containing So, 900
and $1,000 respectively, tor the use
of his brother, Benjamin P. Brasber.
1t is expected that the testimony will
show the existence of a conspiracy, in
which, perhaps, not only the defendant
hut other parties were implicated. He
would not detail all the testimony, but
would lesye 1t to speak for itself.
GENERAL HARRISON OPENED THE CASE FOR
THE DEFENSE.
He said the indictments charged his
client with conspiracy with other
parties to defrsud the government in the
payment of tax on distilled spirits. The
fact of such conspiracy is not contro-
verted by the defense, but the question to
be tried here is whether the defendant,
Lewis B. Brasher, was party to that con-
spiracy. The specific act of fraud alleged is
the withdrawal of 900 gallons of proof
spirits from distillery No. q, at Evans
vile, without the payment of tax. The
case to be maintained by the government
Is that, first, there was a conspiracy to de-
fraud the government; that it was of the
character alleged, and that the defendant
was party to the fraud. The first point
to be made by the defense is that the &C
cused was not government officer,
nor In any way connected with
the manufacture or sale of
spirits. The grand Jury had made
strange mistake in this matter, and the
testimony would reveal this fact. The
district attorney had distinctly admitted
that it was not designed to prove that the
defendant had received money for his own
use. The fact seems to be that he simply
acted as the bearer of money from the
Binghams to his brother on two occasions.
This brother,
PEN BRAsHER, Is NOT PARTY TO THIS
CASE,
and the jury must not permit any consid-
erations connected with him to influence
their judgment. The good character of the
accused, Lewis Brasher, would be shown
by unimpeachable testimony, extending
over q large part OF his life. 1t would be
shown that from June, 1871, to March 1874,
defendant was land agent of the gov
eminent at Pembins, Dacota Territory,