The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-22

received. and Gen. Emory was qlllteBas-
tonished to hear that Its contents were
known, as he had communicated them
only to one party In the city, whom
he thought reliable. The soldiers
called for were furnished, a detail OF
ten men being placed at his disposal ;
he took six of them, commanded by q
Lieutenant, and accopanied by the squad
and his son, crossed the river, the night
being quite stormy, and reached the dis
tillery at II 80 p. m. He found in the
distillery office Messrs. Fehrenbach,
father and son, and in the building the
employees OF the distillery, but no Gov
eminent official. He placed soldiers In
the office, allowing nothing to be dis
turbed; went into the fermenting room,
surveyed the tubs, made rough dia-
and found the tubs as follows: Nos.
1, 2, 3, 4, s, 8. 9. full, 6 and empty
Under the records OF the distillery
all the tubs were opened and being
used on the 4th day OF February,
1874 BY comparison with the books
which were not written up and data
otherwise reached had the tubs been
filled In rotation, according to the pre-
scrlptions of the law, six tubs out Of
the nine should have been full,
but at different degrees OF matu
not the case the tubs found empty bore
evident signs of having just been empti-
ed, whilst they should have been empty
"a hours before; others should have
been emptied that night, but were not
ripe when the distillery was seized they
we're MASKING, but did not notice what
stage of the process they had reached /;
not only were the fermenting tubs in
violation of law, but also the high and
| x,,l, "A .,ytt oh, tnn ~ hntv,
closed as prescribed by law, contained
Mt the top large apertures permitting the
distiller to pump therefrom all the
spirits made without allowing them to
go i'm the receiving tubs. After examin-
ing the interior Of the distilIery went
outside and found in small building on
the levee, which he forced open, fifty
two barrels of unstamped spirits, bear
ing no legal marks. The building was
about thirty feet from the distillery,
with doors facing those Of the bonded
the plan of the distiliery; the place
was put under guard. Witness then re-
turned into the distillery office and
found in the two desks OF the office,
storekeeper's books, distillers form So,
forms ~, 10 and %, distiller's record
form 1O1, storekeeper's bonded record
Discovered form IS had no entries since
April 7, the day previous to the seizure
This form gives amount Of grain used,
also Of spirit bonded; form II, with ac-
count OF materials used in repairs, etc. A.,
had no entries; form SO had no entries
since March 90; form 25, the distillery
Yeast book, had its last entries dated
April 8, giving number Of tubs but no
details. Storekeeper' s form 10l the bond
ed account book, showed withdrawal
entries up to April l and entries to
April T. The distllers' and storekeep-
er's books for the movement OF grain
and spirits Tailed exactly, but upon
close examination witness discovered
} that by their own figures the distillery
} had actually consumed 666 bushels of
} grain more than it claimed to have pur-
, chased and placed in the distillery, and
vet there were between four and five
! thousand bushels OF grain in the distil-
lery when seized. At the time Of the
seizure there should have been, accord
} ing to the record, 225 barrels in the
) bonded warehouse, but does not know,
: Of his personal knowledge, what was in
it. He seized the distillery and the
liquor in the clubhouse; also the grain in
, the distillery.
RECESS OF HALF AN HOUR
: was then taken by the Court.
| When the court reopened Judge
Woods appointed Mr.. William Sara
: Yin to act as foreman Of the jury, and
directed him to take his seat at the
right OF the jury box.
COLONEL BROOKS
then resumed his testimony, and being
questioned as to the decrease Of capaci-
: ty of January Is. 1874, recognized the
document shown him, and showing that
the three tubs were closed by John Nc
, Whittier. When the distillery was
, seized all the tubs bore evidence Of hay
ing been recently used Witness men
toned incidentally that, though pur-
chased at different weights to the
bushel, all grains, when mashed, were
; rated at sc pounds to the bushel. The
amount CT grain taken in the distillery
for January, according to the record,
. was SO, for February 109519, and
for March 40SO.13, and tailed with the
storekeeper's books, but as previously
stated, was 666 bushels Of the amount
alleged to have been used in the distil-
lery during the same period. All the
spirits made by the distillery were sold
found showing the removal Of the fifty
two barrels. The special agent
DISCOVERED PAPERS
in long desk in the office Of the dis
tillery; among them were the with
lery books had not been written up since
March 20; Alfred H. Brooks discovered
a double series of % warehouse and tax
paid stamps, all new and unused, which
on the books were entered as sold to
Karstendiek and again to Commagere
& Lambert; other papers were also
found, among them receipts of grain
signed by various parties has not the
books of Karstendiek they were given
to Mr.. Sheldon, Of the defense, for ex-
animation form SO was presented
to witness and was identified by him as
the same obtained two years ago from
the Collectors office, and is the
gauger's returns Of % barrels, signed by
W. 2. Todd, gauger; the serial numbers
of the barrels are from 482 to 500; the
record of these barrels was found upon
the books Of O. H. Karstendiek, dated
April q, 1874, as received from E. H,
Fehrenbach ;Commagere & Lambert are
debited on the right Of the book with %
barrels Of high wines bearing the same
serial numbers; witness called on Mr..
Karstendiek for an explanation. after
having previously sent Mr.. Hogue to
examine the books and closed
the store on Tchoupitoulas street;
witness Investigated the books and
papers, etc, filed away, and found in
the waste basket torn remnants of tax
paid stamps. Samples Of the stamps
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