The daily Argus. (Rock Island, Ill.) 1873-1877, 1876-04-08
From the Chicago Journal, IN.
the WHISKY TRIAL,
THE TESTIMONY FOR THE
PROSECUTION IN THE
FRYsINGER AND SEA
vERNS CASE
ALL IN.
Open ing for the Defense by Messrs
Hawley and Murphy.

In the .Frysinger and Seaverns trial
James Wallace, Of Englewood testified
Yesterday afternoon that in 1871 he made
an arrangement with defendant Seaverns
by which he was to become wholesale
liquor dealer, and receive the Rock
Island goods and attended to the shipping.
Witness was to receive $25 per car load. -
He kept a wholesale dealers book awhile
and finally burned it, He knew the
spirits came from Rock Island, but did
not know where they were going to. The
testimony was not concluded when the
court took a recess until 10 O'Clock this
morning.
THIS MORNING.
James Wallace was recalled to the
stand, and his direct examination con-
tinued by Mr.. Burke. Witness recognized
a paper shown him as coupon taken
from his book and given to Seaverns for
the shipment of a load of highwines;
witness wife was in the habit of signing
hi. name to the coupons. 1.-THE books and
coupons were offered in evidence.)
The witness was cross-examined by Mr.
Storrs He had been acquainted with
Seaverns several years; that was why
SeaVerns came to him; Seaverns told him
that he, Seaverns, belonged to a firm, and
he did not want the other members to
know about the business; that was why he
wanted the business done in Walace's
name; the books were not destroyed on
any suggestion of Seaverns; the witness
had hard feelings against Seaverns;
thought he did not pay him enough; the
books were destroyed as much out Of spite
to Seaverns as anything else; couldn't tell
the nutnber of carloads of spirits; when
witness was before the grand jury he was
under the influence of his bitter feeling
toward Seaverns; the words were put into
his mouth before the grand jury.
The redirect examination by Mr.. Boutell
was really cross-eXamnatlon as to his
testimony before the grand jury. The
witness stuck to his statement that the
words were put into his mouth there and
said he was embarrassed and did not know
what he testified to. He was also shown
an affidavit made by him in which he swore
that he destroyed the book at Seaverns'
request.
Storrs objected to the government i'm
peachlng their own witness, but the court
allowed the testimony.
Witness said he swore to and signed the
affidavit IL was written before he went
to the office where it was executed.
MRS. ALICE WALLACE,
wife of the last Witness was the next wit
ness. Her husband was catte-driver;
she knows Seaverns; he was at their house
in lS7l-2; witness commenced keeping a
book in 1871; the first book she kept wa,
burned by her husand in anger; and ther
they got the book shown her in court
don't recoleCt any entries in the first book
don't think she wrote ct all in the frs
book she didn't want the book in thu
house, witness frequently signed her hus
bands name to the coupons; she cut on
many of the coupons and gave them to he
children; some she gave to ner husband il
envelopes; il she ever stated that sh
made entries from slips given her by Seav
erns it was not true; this signing of coup
ops stopped about three years ago; he
husband scared her about the first book
said it was dangerous to keep it; he di
not say anything about revenue officer
coming; witness did not think there wa
anything wrong about the book; there wa
no trouble about the second book.
This witness evidently did net turn gu
as well as the prosecution had reaso
to expect. The court thought her memor
vas "a very convenient one, and told tn
witness sharply that il she couldn't RI
member he would find some way to max
her remember. She however insiste
that she couldn't remember making an
entries in the first book; if she ever sal
she did, 1t was not true. The impressio
from the direct examination Of the witnes
would be that she was keeping back tn
facts in the interest of the defendants
On the cross examination, Mr.. Storr
piled her vigorously with questions of tn
same kind as Boutells, and got as it'll
satisfaction, Mr. Storrs said neither I'll
defendant nor any Of the counsel ever sa
the witness before. and it was just as in
portant for the defense as the prosecutio
that entries be made in the first book ii
desired to rebut the presumption that tn
witness hesitation and forgetfulness weT
in the interest Of the defense NeithG
side being able TO make anything out
Mrs. Wallace, she was dismissed from tn
stand.
THOMAS j. KINNEY,
a revenue agent, testified that he kue
Seaverns; recognized a coupon shown hin
it was handed Judge Miller by Mr. Sea,
erns the latter said more highwines mgl
have been received than were entered o
the book; the witness has figured up tn
amount Of spirits from Frysinger's di,
tillery shipped oyer the Rock Island RoaC
the Rockford and ST. Louis Road, and sol
to Kohn Il Adler, Tegeler and other
during the year 1872. The total amour
was 9S,29S gallons. The amount pal
taxes on by Frysinger during the sam
year was 2l2.@7S gallons. There wa
some discrepancy in the amount sold |
Tegeler.
On cross examination, witness said h
made the computation Of the total amour
ofspirits coming away from the Mia
distillery on the evidence of the rcguli
and irregular shipments put in yesterda,
MIR. TEGELER
was recalled by the prosecution, an
stated that he made the examination as
the number OF gallons of spirits purchase
Of ErNsinnnr In lSIO I'M .a-...I. oC L.