The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-02-24
LOCAL. MATTERS.
A FORFEITED DIsTTLLERY.
FINAL ORDER IN THE MYERS CAsE-THE
Law AND THE FACTS AS AsCERTAINED
BY JUDGE HUGHES THE DIsTILLERY
PROPERTY TO BE SOLD.

The clerk OF the UDited States Court yes
terday received from Judge Hughes his final
order In the case Of the United States us.
The distillery, &c, of NJ. g. E. Myers. It is
of interest TO persons in the liquor business.
to those concerned about mechanics liens,
aud to all others who care to lears about in
ternal revenue frauds and how they are per-
petrated. Judge Hughes says:
This cause, In which q stipulation in wri-
ting was filed by and between the District
Attorney and the claimants, and intergeners
waving jury and agreeing that the Court
should hear and decide upon the facts of the
law, the finding of facts to be special, the
law, applied 10 the facts as found, doth as
certain the facts to be as follows:
That Myer Myers and Ezekiel Myers,
partners trading as Nj. & Z. Ny ers, and doing
business as distilers In Petersburg, Va, for
several years prisr to March 81, 1875, On
the day last named ceased to do business az
such and closed their distillery, as required
by law; that said M. & E. Myers had, du-
ring the period aforesaid been engaged in
the business Of rectifiers and wholesale
hquor-dealers at q building about three
quarters Of mile distant from said distillery,
which business Of rectifyers said Nd. & E.
Myers continued to prosecute until their
by George S. Richards, collector of the Sc.
cond collection district of Virginia, on the
1st day of November, 1875; that this was,
during the period above referred to, the only
dstillery in the Second collection district of
Virginia, and except small one in Rich
mond, there was no grain distillery nearer
than Alexandria and Staunton; that several
months after M. & E. Myers ceased to do
h,xci onlI toll
bis interest Ia said distillery property to bis
former partner, Ezekiel Myers; that on the
31st of August, 1875, Ezekiel Myers, upon
the building and property thus purchased,
fully described ia the deed filed in this cause,
executed a deed of trust to Walter S. John
son, trustee, conveying all Of his said pro-
perty for the purpose Of securing to Orson
Adams the payment ,of $4,000, evidenced
by four notes dated August 80, 1876, signed
BY said E. Myers, for $500 each, payable
In sixty days, four months, six months, and
eight months after date; that on the 23d Of
September, 1875, Ezekiel Myers began on
his individual account the business Of dis.
tiler in the building and premises which
are described In said deed, and were the
identical building and premises which had
been used by NJ. & E. Myers before, and
gave bond accordingly that In Septem Der
and October, 1875, said E. Myers employed
one A. A. Traylor, carpenter and builder,
to do ,-
WORK AS 4 MECHANIC
on the distillery and premises amounting to
S3S367; that Traylor completed said work
on October 18, 1876, and on that day he filed
and recorded in the proper clerks Office In
Petersburg a claim to mechanics lien for
his bill upon said premises, distlllery, &c. a;
that upon the 1st day of November George
S. Richards, collector Of the Second collection
district, seized said distillery premises and
appurtenaut prop operty, certain mash, grain,
tools, implements, &C., as enumerated in the
libel in this proceeding, and on the same day
seized the rectifying-house Of N. & E.
Myers and its contents; that the grounds
alleged for said seizures were frauds COM
mltted by the firm of N. & E. Myers before
] the dscontinuance of their joint business on
the 3lst of March, 1875, chiefly in 1874 and
| the winter of 1874-'5; that on November
| rs, 1876, the United States, by the District
Attorney, filed It's libel against said distiIlery
in this cause to enforce the forfeiture thereof
| for the cause aforesaid; that at the same time
the United States filed its libel against the
contents of the rectifying-house Of N. e. E.
| Myers to enforce forfeiture thereof, which
| libel is still pending and undetermined; that
in this suit OrsOn Adams, and Walter s,
johnson, trustee, interVened, and made
claim to said
DISTILLERY PREMISES
on December %, 1875, and said Traylor did
the like by claim and answer filed December
is, 1875; that neither E. Myers nor III
& E. Myers makes any claim or answer in
this cause. The Court further finds that tht
claims of said Adams & Traylor are bona tfds
claims against said distilery premises anC
goods thereon as against said Ez :kiel Myers
| that the Government has proved by com
petent testimony large mass offraud as com
mltted by NJ. & E. Myers, as evidenced b!
the following facts II Is proved that abou
| two hundred and fifty barrels, which accord
ing to the notices for dumping furnished tht
the certificates Of The proper gaugers at th'
rectifying house of NJ. & E. Myers, contained
hghwines distilled by NJ. & E. Myers, hat
been dumped at their reclifying establish
ment in Petersburg, were afterwards fOunl
Boyd's and other New York houses
filled with distilled spirits of the sam,
kind, and having on them each stamps, both
tax-paid and warehouse, and serial number
OF the casks identical with the serial mum
bers of the barrels reported as emptied at th
rectifying house OF M. d E. Myers, and whicl
the said barrels had on them when they lsf
the distilIery warehouse OF M. & E. Myers
that the United States adduced other eVi
dence tending to prove The same state o
things us to about $50 barrels other thai
those, but owing to the absence Of witnesses
as was alleged, it failed to prove said fact
fully that
| IT is FULLY PROVED
that although said $50 barrels or thereabou'
were reported as emptied at the rectifyins
house OF Nj. & E. Myers, the tax.paid ant
Warehouse.stamps thereon were not cancel
led according to law, although the gauge
inspecting said barrels when they were re
ported es emptied, under oath returned then
as emptied and said stamps as cancelled;
| that the only positive evidence offered K
show that said barrels were in fact em p.ieC
at the reetifying. house was the gauger's Ger
| tificate that they were emptied and that the
stamps were cancelled; that it is proved q:
to these barrels that so much Of said gauger's
| certificates as reported the stamps cancelled
| was faSa. .-.. ....... .-...1...s. j.. ..s.-r
| The Court finds from the evidence the fact
that the barrels aforesaid were either re6lleG
| or that some device equivalent to refllling wa!
resorted to and practiced, by which the
GoggRNMENTwAs DEFRAUDzD
out of the tax on the contents of 25s barrels
that there is no evidence IN the cause which
establishes as a fact BY whom the refAiDe
was done or device resorted to, or whether
It was done at the dstillery Of II. .& e
Myers, or through the agency of the distlllery
x.a,,;eao ar Inn M g. r. Mpars diatjHerS