New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-05-23
THE WHISKY CASES.

THE WHISKY CASES.
TAs Dennis 0'Byiea Case-Fe.rth Day
James A. Cummings-Was clerk for J OH
G. Ryan; made forms No. 50 shown; ONLY
entered liquor received ct the store; maxi
entries from government book.
Theodore Comwagere-The price of higl
wines from January to May, 1874. was from
ninety to ninety-six cents per gallon; wa
W or seventeen cents above tax las
Friday.
Patrick keenan, gave the rates of mer
chsntable corn.
John Cockfem identified certain recordi
as from his Office.
The State here rested, reserving the right
to introduce form l26.
Messrs. ::Rouse and Semmes asked that the
court instruct the juy to return verdict
OF not guilty for John McWhirter and John
Henderson, Jr., but the court said that the
matter would be considered in the charge
DEFENSE.
James o OBrien-Clerk for Henderson, ten
or eleven years; Mr.. Henderson did not
nent; he is sole proprietor; received all
high wines personally in general.
District Attorney Beckwith objected.
The first requisite for proof was form fifty.
two which the law required to be kept.
This had been suppressed. He insisted
only this could be used - proof. 1t would
not have been suppressed if 1t was not
evidence of fraud.
Mr.. sheldon said the defense only desired
n hA AZ ~ aoriol ,hava md
Messrs. Whitaker and Semmes followed
on the same point.
Mr. Beckwith claimed that the defense
could not introduce secondary evidence
whom they suppressed the best proof. The
/ government was entitled to the books.
Mr.. Semmes said it was only required to
| keep the books two years before destroying
| them.
Judge Woods said the defense must show
what had become Of the books.
-J.J. O'Brien, continuing-Said two years
before he wrote up the books at home, and
gave one to his father to send to the distil-
lery by drayman and had never seen it
since; the store was entered last N0vem-
Der; found the store in confusion, books ON
the floor, and the other government books
were gone.
Cross-examination- - Kept the books;
wrote them up ut home several times from
memoranda; came down day of seizure;
Was not there when the books were asked
for; went to Texas next day; only learned
the book was missing when returned from
Texas; at the burglary the money receipt
books were taken; don't know why; the
private watchman was outside; don't
know what value these books would be
70 any one else; keep other mercantile
books; have destroyed those between
September l, 1879, to April 10, 1874; don't
think there is one IN the building; COM
menced the books in the summer of 1874;
they were not destroyed to suppress evil
.deace; don't know the burglars; the mat
ter was reported to the police; don't know
what steps have been taken to DISCOVER the
books; don't know who the drayman wac;
don't know the size of the book kept; 1t
had been in use some time; I made entries
in it several times; can't say it was bigger
or smaller than the one in hand; it was
hardly a. big as St. Patrick's Church or q
barrel; got new book next day; can't say
that that was taken by burglars.
Mr.. Beckwith submitted that the loss of
the books was not sufficiently shown or
that sufficient diligence was used to recover
them.
Judge Woods ruled accordingly, and did
not allow the witness to testify as to their
contents as to purchase and sales.
Re-direct-Mr. Henderson has nothing to
do with the business, and knows nothing of
it; never consulted him except about money;
never had any empty barrels stored with
any stamps on; never told Mahon to send
liquor to John G. Ryan.
Cross-examination-K form No. 50, but
not the mercantile books; never kept a set
of books; run the establishment as much
for myself as Mr.. Henderson,; had no inter
est, no share in the profits, no responsibility
for debts; had different salaries from $50 to
$3.50 per month, with presents, making,
perhaps, $4,000 a year; John Henderson. Jr,
was not employed; never paid him for ser.
vices; he never was employed by my father;
he was never in Henderson's, Sr., employ;
he was employed by me in my distillery - 4
general supervisor; he is q man of prop
erty; nothing was paid him for going on the
bonds.
George Camper, city gauger-Employed
By Mr.. Henderson to gauge; never gauged
any highwines or whisky without stamps
on; was called two or three times day;
gauged on lower floor; never saw Mahon
doing any work there; sometimes acted as
broker for Mr.. Henderson.
Judge Woods ruled that purchases by him
must be proved by the books.
CFO5S-04dulud EO moICudULe uAVo
more confidence in the city gaugers than the
government gaugers.
To Mr. Whitaker-The two systems are
different in the hydrometers used as to the
proof; Fishers will make about lO2la per
cent when the government makes 100; at
lis they are alike; when the government
makes ninety, Fisher makes seventy.
Charles sFOwler-Employed by Henderson
sinoe July, 1873; entry clerk; from A. M.
to P. NJ; often saw highwines from
,O'Brien's; ali packages had stamps on;
tackled; the serial number was branded on
the head; never saw any without stamps or
!brands; never saw any stamps taken off ex-
cept by scraping; Mr.. Henderson's business
was in the store; he would be there three or
four hours, more or less; the books were on
the floor, torn in pieces, one morning in NO
vvember.
Cross-examination-M James OBrien
was b00kkeeper; collected from July to
February; then did all kinds of work in
the store; there should be the name Of the
distiller, district, number of preof gallons
and date on the head of the barrel; nothing
else; scraped off the brand same a. the
stamp. No ono stated what was expected
of me to prove; had no conversation with
any of the parties of the case; the brand
was like this lone of the samples before
the jury.l
Mr.. Brooks recalled for the proseoution-
Form No. l26 was presented, showing re-
duetion on tub NJ. 7. Am familiar with