The Pulaski citizen. [volume] (Pulaski, Tenn.) 1866-current, 1876-07-06

1 :
complaints against me as charged ia the
| plaintiffs declaration. shall not argue
/ the question OF motive, believing it suf- /
iiciently explains itself by its own bear /
/ ings, ana the general surroundings, !
which viii be more fully developed in /
/ the further progress of this investiga- |
ton.
Having explained some Of the leading
/ features IN this case, win now proceed (
to present some additional facts, which /
cannot fail, in the end, to establish be /
yond the possibility Of doubt, the cor
rectness of my statement in regard TO |
this disputed question, as to the deposit /
of whisky as herein stated, and the |
number of barrels thereof. And which /
cannot fail 70 convince, even the authors |
of this apparently we'll established fact /
in evidence, that, although three or four 1
persons of unblemished regulations /
may have sworn seemingly positive to /
particular fact, yet il Is not beyond |
possibility that they may have fallen far |
snort OF disclosing the important and !
real facts in the case. Whether inten-
tional or not, is a matter of which, per- /
haps, other and disintel ested parties |
viii be more competent judges. 4 /
previous trial 0f this case against me |
was had in the Federal Court at Nash !
vile, at the April term, 1875, thereof, /
in which il transpired in the evidence |
OF Caleb b. Davis, witness for the Gov
ernment, that there were eighteen bar
/ rels of this whisky deposited as herein
stated. Immediately following this
| trial, the case of the Government
/ against $ w. Smith and Davis and
Sykes as securities, on this distiller's |
bond as before described, was tried, in !
which it was proved by said Davis and
| Sykes that Deputy Collector Thomas
| seized eighteen barrels of whisky at
! Smiths distiliery and deposited the
same at Harvey & GilmOre's drug store,
1 in Lawrenceburg, on June Ilth, 1870, /
which was subsequently taken charge
of by revenue officers, who removed it
in the direction of Columbia, and who
! they supposed appropriated the same to
| their own use or otherwise. This evil l
dence they evidently regarded as i'm
pOrtant and material in their behalf as I
defendants. And the same subject mat !
ter was embraced in subsequent ap-
! plication made by Davis and Sykes to |
the Internal Revenue Department at |
Washington, d. c., for RELEASE of the |
| Judgment against them for $40, as l
herein described. And in the absence of |
an intervening statute providing for the /
| collection of United States Store Keep
er's fees from licensed distillers by other |
officials than the District Collectors. |
| doubtless credit would have been al
| lowed 10 these defendants on the trial of
the case by the court for these eighteen
| barrels of whisky which they proved
had been seized by Deputy Collector
Thomas, and deposited as herein stated,
and subsequently removed and apprO-
/ priated by Government officials, as indi-
Gated by their evidence. The proceeds
of the same would therefore have been
! chargable to Judge Hurst, who was coll
/ lectOr OF Internal Revenue for the 9th
| District of Tenn, at the date ofthis seiz-
ure and deposit. In this event the claim
/ of the Government against these de-
! PENDANTS, 5. w. Smith and Caleb b. Da-
Wis and VIM. II. Sykes, for $3.50 u. s.
Store Keepers fees, would have been
/ iiquidated, and therefore no Judgment
! would have been rendered against them,
or either of them. And in this connec-
ton it may not be improper TO state
that on the rendition Of this judgment
! for S49O IN the Federal Court at Nash
Vile, on or about the 9Th day of May,
/ 1875, the issuance of execution thereon
was suspended and held up bv the Court,
which, as l am informed, still remains
in the same condition. It is not i'm
probable that this indulgence was asked
| with view OF obtaining a credit for
those imaginary eighteen barrels Of
| whisky, or Of shifting the liability for
this $3.50, in the event my identity as
part owner in Smiths distiliery was es-
| tablished in the further investigation OF
! this case against me. In view OF all
these facts and circumstances, 1 address,
ed communication asking Mr.. John
Nj. Lain, who was present as u. s. Store
/ Keeper when the deposit OF this whisky
was made, and who as Deputy Collector
removed the identical whisky TO Colum-
bia, TO give me statement of his reeOl-
lection of the transaction, which he did
in answer to the following letter:
"Lawrenceburg, Tenn, Sept. 9TH, 1875.
Mr.. John NJ. Lain, Dear Sir: You were
present at the distillery of 5. W. Smith,
Oh the 11th day OF June, 1870, when
Deputy United States Revenue Collec-
tor VIM. Thomas, removed a lot Of whis-
ky from there and deposited the same
( at Harvey s. Gilmore's drug store In
Lawrenceburg, VIII you please state
how many barrels of whisky was stamp
ed on that day by Mr.. Thomas; how
many of that number were left at Chat
fms Mills, and how many were brought
to Lawrenceburg and left at said drug
store as security for the stamps furnish
ed by Mr.. Thomas. And did you not
remove the same lot of whisky ia Jan'y,
| 1871, from said drug store TO Columbia
for MIR. ThomasI and was there the
same number OF barrels then as deposit
ted by Mr.. Thomas, and how many were
( there Please write and let me know
your recollection of the matter, and
oblige, your friend,
! fsigned,l wM. b. CHAPLIN"
T J. NJ. Lanes answer to the foregoing
r letter:
"McNairy Station, Tenn, Sept. 26th,
1875. Mr.. w. 3. Chaffin, Dear Friend
Yours to hand. I am unprepared TO
give you an answer in the position al
she present time. My recollection OF
= the matter Is as follows: On or about
y the 1lth Of June, 1870, Mr.. Thomas
q stamped II barrels Of whisky at the dis
2 ! tiIlery Of 5. W. Smith and deposited
2 about eight barrels with DR., Harvey as
: surety for the stamps, aud on or about
the 18th Of Jan'y, 1871, moved the same
lot of whisky TO Columbia. This Is my
recollection Of the matter. This is only
- from recollection. ! have some old pa
pers in Purdy that might show The
! whole affair. II this is not satisfactory
= write and l will get up my old papers
e and if possible give you all the facts in
|. Tsigued,I I'm. LA1s"
= Second letter from Mr.. Lain.
,, "McNairy County, McNairy Station
d I'enn., Feb. 9Th, 1876. Mr.. w. b. Chat
e fin, Dear Friend: / seat myself to an
s. swer yours Of the 2d OF Oct, 1915.
3 have got all my papers together and fine
+ nothing that gives me any satisfaction
e as 20 the amount Of whisky deposited a
a Harvey 81 Gilmore's drug store. Nj
Is recollection Is there was barrels.
n find on file "A daily report, dated Junl
= 18th, 1870, showing II barrels OF whisky
II stamped on that day at the distillery o
u 5. ". Smith. Your friend,
d lSigned,l j. NJ. Lam"
u Third letter from J NJ. Lain.
i "MeNairy Station, McNairy comfy
r Tenn, April the 23d, 1876. W. 3. Chat
ae fin, Esq, Dear Sir: Yours Of the l7sl
81 inst. TO hand. Now with regard % th
q distillery. / know nothing as 70 IN
N owner. 1t was running in the name O
In SamI w Smith when ] took charge o
a. It as L. 5. Store Keeper, and ! neFe
AZ heard it called By any ether name thal
~ Sam. Smiths disuuery. II you was hi
partner / never knew Il. As 20 th
II whisky stamped aud deposited az Gil
a. more's drug store, ] have given you
~ statement in my other letter. Now
I II. az