New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-05-20
VOLUME X.-NO. 35
THE WHISKY CASES.
The Dennis O'Brfen Case-secsnd ID,

Vne D00010 O'Bf1e0 C0o0-6ecOu0 Uays
The case was commenced at ton O'Clock
by the calling of the first witness, John g..
Ryan. He was served with duces tecum
at Indianapolis for the rectifer's books; he
had taken them there a. evidence in the
Bingham case; they were stolen from his
valise while returning; did not know of it
till he arrived; never kept any mercantile
books: can not tell where the books of JAN
uary, 1874, are; has NO papers at ell of that
year; has not got the monthly accounts
that he used to keep.
L. j. Highly called to show how much
grain was delivered, was excused till he
could produce his record.
John Cockrem identified the bonds of the
O'Brien distillery, the surveys, notices Of
intention, etc., which were read to the jury.
There is no survey for 1870, and NO notices
Of intention later than 1873
The gsuger's reports for 1873, and to
April, 1874, were produced.
James j. Brooks, revenue agent-District
Attorney Beckwith asking him to define
the duties Of revenue officers, Mr.. Whitaker
objected.
Mr.. Whitaker said these duties were de-
fined by statute, and every officers in
structions were founded on them. If they
erred they were judged by them. The
statute governed, and not the explanation
Of anybody.
The objection was sustained, and Mr..
Beckwith read the statutes.
Mr.. Brooke, continuing to the dis
tillery April 49, told Mr.. Thomas my OBJ
iect; found ten fermenting tubs full; mash
was making; the beer we'll was one-half or
twothirds full: Thomas had left and
was entering the Office; went in and took
from him an envelope; took possession OF
the government books; found . large
amount Of grain in the middle room Of the
first floor; found Q locked building Mr..
Thomas called q coopers shop; went with
Douglas to breakf fast, leaving soldier on
guard; met Mr.. Henderson, Jr., who said
be had no interest; went back and forced
of spirits, twenty-five without stamps;
the stOrekeeper said he did not know
they were there; he failed to explain of
grain going in, epirits going out, and the
state Of the government books, or condition
of tubs; the spirits in bonded warehouse
we're stamped, the stamps neither tackled
nor vanished; marked the packages with
pencil for own guidance; the first r. eighteen q ss
had no stamps or marke; Noe. q, 2, 25. %.
% and Al no stamps or brands; Nos. l9, 20,
% and 81, serial numbers, warehouse and
tax paid stamps: Nos. 26. 81, 80 and "a serial
numbers only; Nos. "a, 80. 80, SO, 80 and 40
illegible stamps; Nos. IS, 81 and 40 two
stamps; No. AZ was rectlied spirits, the rest
hghwines; the cooperage was old; the
marks on the stamp did not continue on
the barrel as the stencil would make them;
the name Of the gauger appeared on the
barrel, but bore no relation to the stamps
on the barrels; there we're no tacks and no
fresh varsh; that did not extend to the
barrels.
A recess was here taken for half an hour
After it Mr.. A. Dumont was appointed FORE
man of the jury.
taken for half an hour.
Mr.. Brooks, continuip g-Asked Mr.. Hen
derson for his books; he could not get at
them; they were locked up and his clerk
had gone to Texas with the key; called Q
second time and impressed him with the
Importance OF having them; he said he
would telegraph; the last demand was
made April "a: the condition of the fer
1enting tubs April was that Nos. l, 2, 3,
4. and l2 were full. and should have been
60; Nos. 7, 9, 10 and IL were full and should
have been empty; out OF nine tubs three
should be empty all the time; the
grain came from Thomas McGinnis; there
vas small amount in excess Of that re-
ported: examined the guager's books from
Henderson's. form No. 122 was here again
explained.) The distillery was put in
charge of soldiers till keeper was ap-
pointed by the collector; examined other
books of other dealers, to see IT numbers
correspondent.
On cross.examination-T estimate on
the account of the inventory lie: Sacks, ga
busbele: barrels -four, 3 bushels: there were
then 1870 of wheat 1854 of corn and meal,
5s7 of rye, and 1870 of malt.
l. Re-direct-HendersOn and OBrlen bad no
knowledge Of my presence: they expressed
surprise and little indignation; think the
conversation was caused 6y remark that
QUE distillery was prepared.
Francis Kelly-Came here in 1874 with
Mr.. Brooks: arrived here April 7, about
A. M; walked around the city during the
dav. visited tho distillery at seven o'clock
IN the evening; was requested by MIR.
Brooks April to ''pipe" oil the distlllery;
about A. M. three trucks OF grain were
deliyered: then loaded with splrits; followed
if 70 1be rectifying house of Henderson;
the grain went into the upper gate; was
taken to the middle room on the first floor;
thew were double teams; they were full
loads; when they came out they had twenty
six barrels; they came out the same way
they went in; went out from the lot where
| was and followed; took two cars; the
trucks were unloaded at HendersOns back
door: this was about 9 A. M; the barrels
were on end, except one in each dray; was
near enough to the last load when unload
inotoexsmine them; didn't see any stamps
on them: they went toward the levee; went
to the distiliery in the afternoon, but saw
nothing more; went again on the tenth;
there were fOrty-twO barrels, seventeen
with s,amps, in the shed; went on the thir-
teenth when the barrels were gauged; on
the tenth soldiers were in charge.
Cross-examnatiOn-D not stand and
watch because did not wish to give myseif
away; went up and looked at the last LOAD.
Re-direct-Saw the whole three loaos oe-
r. II. Mahon-Was employed by John
Henderson as rectifyer at building corner
of Tchoupitoulas and Lafayette streets,
from September 10, 1873 to April Z, 1874;
was then discharged; have bad paraiysls
which interferes with speech; saw TO tne
dumping; the barrels were hOlsted or the
snirit pumped up to the second story where
it was reduced before passing through the
charcoal; there were about thirty to forty
barrels liquor rectifed per day; the bign
wines rectitied came from the O'Brlen dls-
tillery according to the name on the stamps;
never saw any Cancelled; the barrels went
down to the first floor with the stamps or;
had no superyision of them; had no instruc-
tions about them; saw stamps taken OH,
the barrels being stood on end; water was
noured on and the stamps taken OF that
way: Mr. James OBrien superintended
the whole establishment; can not tell
the names of those who took OH the stamps;
thew we're laid between blOtting paper; was