New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-05-21
THE WHISKY CASES.
Tho Dennis O,Brien Case-Third Day
The Prosecution Continued.

Tho Dennis O'Brien Case-Third Day
The Prssecutien Continued.
Herman Gilkers-Was employed in the
distillery in 1871 and 1872 on night duty
and engaged by John Henderson, Jr.; was
masher; it took forty eight hours for .
mash; knew nothing of the law but did
what was told to do; liquor went away in
day time; never saw the cistern room open
when the eager was not there.
John Deyenger-Put up engines under
direction of Mr.. Thomas; have seen liquors
moved from warehouse in barrels; don't
know if stamped.
in front of jury.
Mr.. Brooks recalled. Identified the bar
rels; they had been marred since he saw
them; the legal brands were wanting.
District Attorney Beckwith read the de-
clarstion Of John Henderson in 1873, of his
intention 10 establish business as recti-
fer; also the libel of the seizure Of property
of Dennis O'Brien, and the claim Of owner
ship, and appraisement of the distillery,
and offered them in evidence.
Mr. Cockrem stated that all documents
were in possession of the court.
Mr.. Brooks, continuing-For the time
between January l. 1873. and March 81,
1874, there were 239,706 proof gallons
dumped; the stamps were issued for 367 >
953, leaving an oyer charge Of l26, ,2r gal
Ions; form No. l22 shows 81, 1872 proof gal
Ions; there were no serial numbers of rec
titled stamps.
Charles Steele said Mr.. DeKlyne seized
the distillery, but he took charge, and sub
sequently identified his receipt. There
were forty-one barrels.
Mr.. Brooks, recalled-The valuation of
the distillery was fixed at $l022.
Mr.. Cockrem-Said all documents were
with the court.
A recess was taken here.
T. P. Allen-Knew John Henderson, but
knew nothing of the books.
John r Berry-Was keeper till the prop
erry was taken bv the marshal.
N. Burbank-John McWhirter was dep
uty collector outside; Waldo Todd was
day and Alexander Mckee night store
keeper.
R. H. Mahon-There is still near Hen
derson's, with capacity for seven barrels
daily, used for distiliation of French spirits;
they drew daily from Henderson's the bar.
rels from O'Brien's distillery; there were
when he went there, empty, with rectiied
stamps on. The package Of dray receipts
we're by O'Brien; there were highwines de-
livered John G. Ryan from those received
from the O'Brien distillery.
A long cross-exsmination followed by
Messrs. Semmes and Whitaker, the latter
occupying nearly an hour. By both the OBJ
ject was to shake the witness on details: il
he said "perhaps two or three" then to
make him say he contradicted himself if he
remembered there were four loads; that he
said he was but "eeldom" ON the lower
floor, to contradict it by his statement, that
when highwines came there he was there
and that to see that dumping" was prop.
erly done, which Mr.. Semmes sneered at az
the most important operation of emptying a
barrel, and the witness good humoredly as
cured him he was correct; that sometimes il
was below; cmetimes above; but every bar
rel he had dumped he had observed whether
or not the proper governmental stamps were
on them.
He said distinctly there were no serial
numbers, no stamps; that empty barrels
with recti6srs' stamps were filed; that in
the course OF his duty in seeing to dump
ing, he saw the bung stsve was not marked
that there were brands on them, but they
were not filed up.
Asked if he was employed for that, he
said no, and, pressed, said he noticed it fol
curiosity. But all persons know that the
goods they handle pass through their handt
and leave more permanent Impressions on
their minds than Q single package would or
one not familiar with them in an hours
e.udy. For instance, removing q lot oi
books marked r. w., even . drsyman
would recollect if few were marked R
and few w., but not the custodian of the
library cou tell how many of them, OF
which he saw first.
Mr.. Mahon, hesitating in speech, feeble
tack of paralysis, being told to "speak
leuder," when time after time the coun.
sells questions could not be heard at the
reporters table, gained the sympathy of
the Jury, and never varied from the state
ment that he knew the highwines came
from O'Brien's distillery; that he knew it by
the stamps; that there were brands, but not
filed up; that there were no serial numbers,
and insisted he was all over the building
many times in the day, and that he sew
every barrel that came in or that he dumped
The question, ''Did you watch them all the
time-thsn how do you know ?" made him
wait little, but his answer was firm to bis
previous declaration. Judge Woods under.
stood the situation well, for when, after a
question which took at least minute and
half to utter, the counsel demanded an
answer yes or no, the judge said, "Wltness,
answer the question according to the truth,
and never mind the yes or no."
Mr.. j. D. Tompkins had been gauger
and had his instruments. Of two barrels
then examined before the jury one was
twenty three above proof and should have
been marked 1913; the only mark was "proof
spirit" and 100. The other was twenty five
above proof, and should have been marked
125. No marks could be discovered.
The defense did not ask to have any
other barrels examined.
Mr.. Charles Steele identified the receipt
he gave, and Mr.. Cummings, the clerk of
John g. Ryan, for whom deputy marshal
had been looking for several hours. not
appearing, the court adjourned to Monday
at 10 A. NJ.
The Louisiana Investigating Committee.
The Washington correspondent of the St.
Louis Republican, May II, writes: