New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-04-30

1t il notI improper for me to state, for
do not understand it to he disputed, thu
the defendant, Edward Fehrenbach, W.
at least the ostensible proprietor
the distillery named in the indictmen
that John p. Beales was the day stor
keeper, and Paul Bruce was the Nigh
storekeeper of said distillery; that Wi
liam M. Todd was the gauger. an
Charles w. Wills was the acting collector
and John McWhirter was the assistant co
lector of internal revenue. to whom tn
distillerv Of Fehrenbach with others wa
assigned. and Otto II. Karstendiek was
rectifer and Wholesale dealer in distille
epirit, in New Orleans, and was one OF tn
sureties on Fehrenbach's distiliers bond
that is to say, Fehrenbach was the apParen
was a wholesale dealer in and rectifier 0
| distilled spirits in New Orleans. The Pre-
| secution claims to have established certain
| facts which it is insisted are sufficient to i'm
Dlicate Fehrenbach, the distiller, ant
McWhirter, Wills, Beales, Bruce, en-.
William N. Todd, the revenue OH
cers, and Otto II. Karstendiek, rec
tifer and wholesale dealer, in the alleg
ed conspiracy to defraud the government
These facts are as follows:
/, The law requires that distillers, store
keepers, rectifiers and Wholesale liquor
dealers shall keep books in prescribed form'
in which they are required to record par
ticularly and truthfully their operations
What matters the stOrekeeper and distillel
are required to record have already stated
to you, and l will hereafter state what the
rectitiers' and Wholesale liquor dealers
bee should show. These requirements
are made to enable the government to trace
and detect frauds on the revenue. If a
r%r IN
and neglects to make the entries required.
or makes false entries, it is proper for you
to consider this circumstance as an indica-
ton of purpose to detraud the revenue,
giving it such weight as you may think it
deserves. Now, the prosecution claims to
have shown that Fehren bach failed to make
in his books the daily entries required by
law; that he failed to make entries Of
spirits received from bond, to make entries
OF sales, and to make entries of fermenting
tubs filled and emptied, and that Beales, the
storekeeper, failed to make entries of all
the grain received, and that Karstendiek
failed to make the entries in the books
which will be hereafter mentioned. If these
facts are proven to your satisfaction you
would be justified in considering them as q
circumstance tending to show purpose to
defraud the government.
The prosecution claims that it is demon
strated that the distillery could not have
been run upon eighty per cent of its
surveyed capacity except at great loss;
that the actual production of distilled
spirits in the Fahrenbach dist1l lery was
largely in excess of its surveyed capacity
and Of it's production, as reported to the
collector of internal revenue.
There is evidence tending to show there
were nine fermenting tubs designated in
the survey and plan, as reported to the COL
hot
was POI bushels Of grain and 1886 gallons
of proof spirits each twenty-four hours;
that an application was made to reduce the
capacity of the dist1llery from nine tubs to
ak, the reduction to take place on January
Is. three days after the distillery com
menced operations; that the reduction was
and report made by defendant
McWhirter that he had closed and sealed
fermenting tubs seven, eight and nine,
ity of the distillery was placed at 175 SO
bushels of grain and 527 Ga gallons of proof
spirits for each twenty -four hours, and that
on the nineteenth of January the tubs
which had been closed on the fifteenth we're
again opened, and were in use from that
time on to the seizure of this distiilery on
April s. There is no evidence that the nc
lice required by law of this increase of
from six to nine tubs was ever
given to the collector of internal revenue.
and no record whatever indicating any
actual increase in production until Febru-
ary i. But it is claimed by the prosecution
hat even conceding that Fehcenbach was
entitled to use the nine fermentins tubs.
according to his original surveyed capacity,
wen then the quantity of mash made |
md beer and spirits produced was greatly
n excess OF said capacity
As have already stated to you, in dis |
illery like Fehrenbach's, the mash is re-
luired by law to remain in the fermanting
uo forty-eight hours, and to be then |
implied, and then, on being emptied, the |
ub must remain empty twentyfour hours. |
You will therefore SOC that q fermenting |
ub could be filled only once in three work
ng days. Therefore, in distillery con-
aiming nine fermenting tubs, only three |
ould be tiled every day, and, if the distil-
Dry was honestly run, at least three fer
aenting tubs must be all the time empty.
Now it is claimed by the prosecution that SO
ar from there being but three mashes made,
nd three fermentipg tubs filed daily, the
lumber usually ranged from FIVE to eight,
nd IN some instances run as high as nine |
nd ten.
The two Entwhistles both testify to this
tate Of facts, one of whom testiies from a
which he Gays was made
the time the transaction it records took
lace: On the other hand, the defense has
Introduced the witnesses August Schneider
nd Pike NJ. Land, who testify. the former
lat he was the night masher, and the lat
II tho helper Of Thomas Entwhistle, the
~ masher. Schneider testiies that after
ley commenced using all the nine tubs he
ade mash and half, and sometimes |
70 D'ashes on his watch. He has made
70 and started another on his watch.
and|thas on his watch they always made
mash and three-quarters, and no more,
Id made this every day. The defense |
,rein have also introduced as witnessed |
! this point Walsh, Wilde and Hammond,
hO testify that it would take four or elk |
'urs TO make mash and run it into the
rmentlng tub, and therefore it was i'm
'ssible to make more than SIX mashes in
7enty four hours.
In reply to the evidence for the defense
9 prosecution says, that l. Walsh, Wilde
I'd Hammond are all under Indictment I
this court for the like otfenses charged ,
ainst the defendants in this case; 9
lat the quantity of grain shown to have t
nsumsd exceeded greatly the quantity :
At could have been used if only three | t
ashes had been made on each working dav: q
That the witness Hammond has testified |
another cause in this court that he had i
lde seven mashes in day; A. That when '
> distillery was seized in April s, as tes- g
ed to by the witness Brooks, seven h
menting tubs were then, in fact, full, r
only two empty, and there was mash d
sides in the mash tub, and that if the n
's had been regularly and lawfully filled, r,
no that were full should have been empty 4
the two which were empty should have q,
n full; and lastly, that even in the eyi. h
Ice OF Land and SCHNEIDER there were M
re than three mashes and three tubs q,
I'd every twenty-four hours. 10
low you must decide upon this issue. %,
a fha Droraoufion 90 tirEoa ror %LA - vi