The New York herald., 1877-02-28
THE COURTS.
The Alleged Whiskey Conspiracy
Prosecution Weakening.
APPROACHING THE END.
The Dry Dock Company's Wharf
age Interest.
Ex-SHERlFF O'BRlENS SURETIES.

There Is no doubt that tho prosecution of Mossrs
Boyd and Hill, charged with being implicated in tho
Western whiskey ring $50 calied) conspiracy is weak
sning fast. Whatever littlo game the parties chosen
by the government to support their played
leading roles in the great whiskcy case IL Is clear
they have proved nothing far in support OF the In
dictmont against Francis o. Boyd and Edgar p HILL
and should the prosecution fail as against these par
ties the indictments against all the others composing
tho monster conspiracy In this city fall to
the ground Tho trial was resumed yesterday
morning before Judge Blatchford In tho
United States Circuit Court Counsel for the
accused, Generals Tracy and Burnett, in thor
place, as was also Mr. Roger W. Sherman, Assistant
District Attorney, representing tho government, at
the opening Of the court
William s. Golscn, the Chicago rectiner, was recalled
to the stand HIS direct examination was resumed by
Mr. Sherman.
@ want you 10 state the names OF the parties,
vinegar manufacturers and chemical works manuiao-
and other parties in Chicago to whom you sent
the crooked whiskey you got from Mcseros dstilery?
A. couldn't name them without seeing the books.
Books handed to wtness.)-I cannot point them out
from these books; didn't send any
Q. You will not swear that all the crooked whskey
you purchased from Mesero's distillory was sent by
you to vinegar makers and chemical worxss
is Killing time
The Court thought the witness was fully examined
that subject and that his testimony was very plain
aud easy TO be understood.
O. Do you mean to say that all Mesere's crooked
whlskey received By you between the LIST Of Jan.
to vinegar makers and chemical establishments
in Chicagos A. Most did; could not say all
the books the names Of parties to whom he sent
crooked whiskey in Chicago. He would speak from
Madison street, Chicago; to Prussins Broners-three
Of them-dd not know the first name OF any one;
parties in Chicago TO whom he had sent tho crooked
whiskey he got from Mesero's distiliery.
BY tho Court-Why nott A. Because did not keep
MT Sherman mentioned the names Of parties in
Chicago and asked witness he had sent any crooked
Hhiskey TO any of them. A. will not answer that
question, because | do know whether the whiskey
Ias crooked or straight
@ You don't know to whom you sent crooked wL,s-
Key or straight whisksy: A. No; don't know what
vas straight or what was crooked.
Q Was all the crooked spirits received by you from
Neseros distillery Powclls dstillery, the South
Branch Distillery Company and from Cooper's dis
tlery sent by you 10 vinegar makers and other par
packages in which they came to you from these DIS
hllerics? A. am satisfied what came from Meser0s
had the TWO stamps on as to the others cannot say.
MIR. Tracy contcnded that this was reopcning the
Rso.
Mr.. Sherman-It involves element in It,
Mr.. Tracy-I can't see IL
Dir. Sherman-That is not my iault
The Court would wish counsel 70 explain to the jury
what meant by the 1.-TWO stamp" goods
Mr.. Tracy explained.
The Court-lho goods must have warehouse stamp
tho dssy warehouse arc two samp
IND the goods thus stamped are called 1.-TWO stamp'
FOODS
Iome were dumped
q. Some OF these goods may have been dumped be-
O. Ia il not a fact that they other must have been
Jumped before gong out, or they must still be in the
Eie'nsl pacxsseT x -. A ~ Yes. ,,o,
original packages, and therefore some must have been
dumped before they went out. A don't know that
Examined by General Tracy-Q. Did you ever take
n spirits % from Mssoros dssillerys never iiises
barrel
aiding, directing or hiring anybody to remove spiriIs
from Mesero's distilleryP A. M. sir
Q Did you ever hire cart or truck mon to remove
vhskey from thereY A. No.
Q. Did you ever pay any one for removing spirits
hom Mesero's distillerys A. paid hescro for the
Q. Did you have an Exchange in Chicagoi A. Ii
you mean q Board Of Trade, yes
Q Was the whiskey you bought Of Mesero bought
=. the Board Of Trader A. No; We sometimes met AZ
, saloon.
Tue Court-Do you rcicr to crooked whiskey or
straight?
Mr.. Tracy-Both
Q Did you buy any crooked spirits from Mr.. Mes
sros A. II Mr. Mesero had any surplus spirits be sent
tout
The Court--wcl that means crooked
q. Where were the spirits delivered at your placer
q. Did you or your nrm send teams at any time to
Meseros for spirits? A. No.
a. Did you during the purchase or delivery OF these
goods from January TO May not tell-repcaedly tell
Mr. Mescro that you were not sending any Of his
crooked goods to New York! A. remember We had
u conversation but cannot say that.
Sir. Shermaa-what Is tho object OF this inquiry
Nr. Iracy-To show there were no business rcla
sions whatever between MIR. Mcscro and tho city Of
New York; that this witness represented to Mr.
Mcscro that none Of his crooked goods TO
the defendants or to New York at alL You ito Mr..
a the dof nm DAM
here and Mesero III Chicago.
Mr.. Sherman-No.
have been Of the consprators indicted or the in
dictmcnt cannot stand. The Indictment alleges
spracy TO produce spirits at Meseros dslcry for the
purpose OF fraud on the government
Mr.. Shcrman-No; for the purposes of fraud as con.
tcmpiated, in spirits to bc produced.
Mr. Trncy-Yes, to be produced in MeserO's distil-
cry, and the removal oi spirits from there with IN.
tent to dcfraud the government The moment an
averment made BY an attempt to dcfraud Tho govern.
ment by u fraudulent removal Of spirits without the
payment o! tax that averment necessarily includcs
the dstillcr or the party producing the spirits.
MIR. Sherman objected
Tho Court admitted the question.
Q. Did you not tell Mr. Mesero that you we're only
sending straight goods 10 New York, that all the
crooked goods you were sending around 10 different
places IN Chicagovincgar manufacturers and others
where II was supposed no government books were
kept9 A. We had conversation about that, anu
may have said SO, but don't recocct all said TO
him.
z 10 you know about what quantity OF spirits you
handled per week OF crooked and straight whiskcy-
bow many barrels week admitted lnat there were
thirty one shipments In ailr
BY tho Court--Q This was all the spirits, Of all
kinds aud descriptions, that passed between the par
ties. covered by this account Of sales A. Yes
BY Mr. Tracy-Q Understood you to say that in
the regular course OF your business In sending out
crooked spirits your regular was TO send tho
''crookcd" only to persons n Chicago who we're sup
posed to keep no government booxs-am correct?
A. Yes, partly.
q In all cases that the general course OF Dusi.
pursued 0y your hrm !? A. Yes
The next witness was William sommorvile, Col
lec,or oil the First district OF Illinois, including Chi.
rsgo and Cook county, book Of stubs correspond
Ing with series OF corresponding stamps placed on
spirits, indicating that the tax was paid thereon was
placed in his nands. Mr. sherman offered 10 connect
Or said he would he thought, be able 10 connect q
Icries OF stubs with the SPIRITS delivered TO the de-
lendants, TO show that when stamps were issued tor
say 5000 gallons the stubs the Collector book
would indicate that stamps Tor 500 gallons had bccn is
sued and by this the surplus Of crooked whis-
key could be disposed o