The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-23


took tie stand for cross examination.
Before proceeding the District Attorney
offered in evidence the gaugcr's returns
of VIM. M. Todd for January, February |
and March. 1871.
Questioned by counsel for defense
Witness stated that he resided in New
ark. New Jersey that he had been in
the revcnns service nine years. occupy |
ing therein various positions: that he
was o special agent when he made the
seizures, and is now Assistant Chief Of
the Secret Service Of the United States
has been on service out West In Cbica-
90 and Cincinnati was here in 1874 for
! the first time.
Questioned relative 90 disabling regu-
i lations, witnessed answered that they
were provided for by law. The duties
of both day aud night storckeeperB are
| Identical. and each ONO should make n
report OF his watch, but il has become
customary for the night storekecper to
take notes. and for the day storekeepef
to mike tho full reports 10 the Collector.
The atorescppers alternately relieve
each other at appointed hours. Tho
gauger must be present ut the distillery
NJ least once in every three days, 10
draw off the spirits from the receiving
room aud to relieve from bond. Mr..
Beckwiih objected ITO the course pur-
sued by the defense, and Judge Woods
ruled that customs established in vio-
lntiun Of law could not be set up Us mn
excuse for Government officers. Wit
moss then resumed his testimony regard
ing the duties Of officers. Their duties
are us stated above. A deputy collector
/. specially detailed to supervise distil-
leries. John McWhirter held that posi-
ton here in 1874 others are provided Tor
! the supervision Of tobacco factories.
= Capt. Brooks then gave u detailed
account Of the duties Of u stOrokcepcr,
Of the books he has 10 keep. the super
, vision 10 exercise. Jno II. Benls's books
agreed substantially with those of the
, distillcry. but Mother were kept accord
Z ing to law, The gauger' return Of the
, distillcry gaugor. VIM i. Todd, were
false, MS he reported attaching twenty
r two tax paid stamps on the same num-
Der OF packages. whilst they were never
used ana are now in his Col Brooks
posaession, and were obtained from the
+ fchrcnbach distillcry , this being
rRtMA rACtE EVIDENCE
Of fraud. The storckeaper's books were
kept as If All the nine tubs were run
ming, whilst officially three OF them
were closed. On the night OF the
seizure witness found seven tubs. in
stead Of six. fermentinR. and they
not OF tho right numbers, There
: were seven or eight persons in the
distillcry when witness reached IT, but
' no government employee: he made the
! raid Mt night. because his presence had
become known took soldiers, not know
I ing the parties ana for fear OF violence,
: but was kindly treated. the twenty-five
warehouse stamps found in the distillerN
; bore the evidence Of having been useC
before. and should have been cancelled
by the gauger there was no evidencct tina
nil the grain received had been used fol
. the distllcry, only the grain from Pat
rick Keenan, the receipts Of which bore
that specification witness said h'
d could show the wholesale liquor dealers
: and storckceper's records were eithc
:, false or the spirits must have been 70
. moved without atIixing stamps, thu
twenty-five packages were reported ~
having been gaugcd, stamped ana re
l. leased from bond, and turned over I,
8. the distillcr. whilst none Of the formal
II ties relative to the stamping, etc, mus
> have been accomplished, ~ wit
/ ness found the stamps new an'
G unused vt the distillery. tn
It returns were therefore false
o Upon being requestioned upon the
70 same subjects. witness gave anew de
Q tailed account Of the duties Of the store
keepers and gaugerS, and how the,
ntRIfGItI 10 tbhlpI III 'itHiStiftS w Wv
rs law In this ease He explained HOY
10 stamps, supposed to be attached to bar
J. rels and cancelled when contents o
barrels were dumped by .. II. knrstcn
= dick, were used over and over again. Tn
- Internal Revenue Office kept no book
of record with the rcctiiiers, thus open
ing the door to frauds. and this particu
lar ease witness could show OF tn
le stamps Of - 0O0dumped hy Karstendiel
"a. a a.. .,YtiA
violation OF law; witness estimates II
.. SSl the number Of barrels unaccountc
% for on the books.
u A recess was taken Mt onc.o' clock an
when Court was re-opencd the prosecu
ton called
d ALFRED II. BROOKS
70 TO the witness stand, who said he WASP
" Revenue agent, and was with his fathe
- when tho Fchrenbach distillery wa
. seized remained in the Office whilst hi
~ father investigated the premises
Messrs Eehrenbach, father and son
we're in the Office when the seizure wa
~ effected shortly after Mr.. Frank Rey
20 nolds came III aud stated there was som
money in the safe he wanted to get
:. witness remarked TO him that Mr. Feb
y resbach had stated that there was n
l. n ~ y lpthe safe, and that the packag
couiuV " leave the office without bcinl
cXalDlsTu; upon slUrtDcf investigation
E found that the alleged money was tn
l. stamps alluded to in his fathers testi
l. monyt explored the warehouse; foun
~ barrels without stamps TO the number q
d iifty-two. Witness further testimon
Is corroborated substantially his father
e testimony. Messrs. Kelley and Steel
e testified to some points Of minor i'm
l. portancc.
he PATRICK KEENAN,
~ testified that he acted us broker for MI
~ Fehrcnbach and sold him the grain IA
10 used from January / to April s. Hi
accounts tally with the di5tilers' an
show G99S sacks Of corn, 1884 sacks ry
y and 522 barrels of meal.
l., MR.. THEOPHILE CoMMAGERE
r, read entries w his wholesale liquo
t, dealers books Bought Of Mr.. Fehrcn
IF bach April 4, 1874, % barrels highwines
IS serial number Of packages, 4S2 to 50a
III Destroyed the stamps, yet recognize
le the stamps captured as those reporte
cancelled. The entry Of numbers OIL
the books was made from memorar
ID dums furnished by Fehrenbach. MI
IS Lambert, Mr.. Commagere's partner
TX was given notice that he would be Gale
to the stand Monday. The court the
adjourning to Monday at 10 Il. m.
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