The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-21


among the jurymen.
Mr.. j. a. Adams was challenged by
the defense.
A. Fl. D'Huart, Of the old panel, knew
Jno. McWhirter, believed him innocent,
but would be guided by the evidence.
Had served in Col. Labatut's regiment
during the war. Challenged for cause
Jacob Wappler, challenged by the Gov
eminent. w. b. Logan, bookkeeper
Fireproof Cotton Press, challenged for
cause. Chas. Benson, carriage smith,
accepted. Jas. II. Flood was challenged
by the defense. Dominick Lobrano, for
the last four years cotton clerk Of Theo.
Auzc, accepted.
The jury being now complete, and the
right Of peremptory challenge exhausted
by both parties, the court ordered the
jury to be called and sworn IN.
The following named jurors compose
the panel: John II. Blackstone, Victor
Darensberg (col), w. Sarrazln, Al
phonse Drcz, Jas. p. Ward, Jas Lee, ..
s. Babcock, Chas Ogilvic, a. Wrot-
nowski, ID. Wcstmore (col.), ChaS. Ben
son and ID. Lobrano.
RECESS OF TEN MINUTES
was then ordered by Judge Woods, who
at the same time informed the Jurors
that he would have to keep them
together until the trial was over and
they had reached IA conclusion.
When the court was again called to
order, Major New, the Assistant Dis
trict Attorney. read the indictment to
the Jury, charging the accused with de-
frauding the Government OF the inter
nal revenue tax on spirits distilled at
the Ferenbach distillery in Gretna.
There were quite a number OF counts III
the Indictment, specifying time and
amounts OF the alleged frauds, the
whole aggregating 100000 gallons, the
tax thereupon being 70 cents per gallon,
or $4,000 for the whole amount.
After reading the Indictment Major
New addressed the jury at some length.
He said that the Government did not
rely upon written proofs and contracts
between the accused to prove their guilt,
but upon circumStantlal evidence,
which he expected would be conclusive.
The internal revenue law and regula-
tions were so arranged that it was i'm
possible for a distiller to defraud the
Government without the assistance OF
the Government officials. When party
or firm wanted to start a distlllery an
application had to be made to the Collec-
tor OF the district, the distillery was sur
veyed and assessed according to its
capacity, but to make due allowance for
|
ment allowed a rebate OF twenty pei
cent, that is eighty per cent of the
assessed capacity of the distillery was
collected whether it was made or not,
but of the twenty per cent remain
| ing as margin the Government
only collected what was actually made.
The spirit, when once manufactured,
fell into the tubs of the receiving room
of the distillery, the only key thereto
being in the possession OF the Govern
ment storekeeper. The law directs that
at least once in every three days the
spirits so manufactured shall be drawn
off by the Government gauger and
placed in the bonded warehouse attach
ed to each distillery, the storekeepeI
placing upon each barrel a warehouse
revenue stamp bearing a serial number
from the first to the last barrel made by
each distillery. When the spirit is
taken out Of q bonded warehouse to be
used by the trade, an application to that
effect is made to the collector Of inter
nal revenue, and tax paid stamps are
affixed to the barrels by 1.-THE gauger
these stamps being used until the high
wines are dumped into the rectifyini
tubs, and are then replaced by recti
fiers' stamps allowed the rectifiers in
due proportion to the number Of tax
paid stamps returned they stand debiteG
with.
The Government has also provided
the means of allowing distillerS to re-
duce their capacity by making applica
ton to the Collector to have a certain
number of fermenting tubs closed and
sealed. 1t has, moreover, allowed forty
eight hours for fermenting in each tub
said tub ito remain empty twenty-foul
hours after. 1t has also provided thai
bn nd bn Mt
keeper shall each keep an account o
the grain and fuel received and used il
the distillery. If, upon inspection, 1t il
discovered that the amount of grain OF
hand is greater than the total amour
entered upon the books of the distille
or storekeeper, it is evident that there
has been fraud and collision. In thi
particular case the Government pro
! poses to show that when the dis
tillery was seized, fifty-two barrels
unstamped barrels Of highwine
were found in the warehouse that to.
paid stamps entered in the books of q
II. Karstendiek, as used and cancelled
were found new, and unattached t.
barrels; that ia barrels paid no tax
and that the distillery consumed in three
months 80, 900 bushels Of grain, instead
Of 10 900 bushels entered on the books
and that in the same time it mashed ant
fermented 462 tubs, instead Of ia, as at
tested by their books. Major New ad
vanced many other facts, too numerou
to mention, and, upon the close of hi
argument, Judge Woods adjourned tn
court, after reiterating to the jurors tin
information that he would have to keel
them locked up until the end Of the trial
and that hereafter he would open cOur
at 10 a. m, and remain in session unit
p. m.