The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-05-20
A BOOK CASE.
A Charge Under the Internal Revenue Laws.

The case Or the United States vs. John A.
Walsh. charged with failure and refusal to
produce certain books which by law he as a
wholesale liquor dealer was compelled to
keep. came up for trial yesterday before the
United State Circuit Court, Judge Billings
presiding
After the Jury had been impaneled Internal
Revenue Collector Marks was placed on the
stand and testified as to records and usages
of his office, and recess was taken until
%. H., at which hour the hearing OF the case
was continued.
| Judge Ray, counsel for the prosecution, pro-
posed to introduce a copy of summons for
the appearance Of and production Of books by
defendant issued by Supervisor Brady.
| Mr. Rouse, Of counsel for defendant, OBJ
jected to its introduction on the ground that
failure to comply with or respond to the
summons Of the supervisor did not constitute
the offense Of which his client was charged,
and did not come within section 1918, upon
which the prosecution was based. The sum
| mons of the supervisor, he undertook to show,
had no more weight than an ordinary sub
ppna of court, and failure to comply with 1t
could be punished only as a contempt and not
as felony.
Judge Ray endeavored to establish that the
summons was such demand for the produc-
| tion of the books as was contemplated by and
provided for In section 1918
The court sustained the objections and ruled
out the summons. -5 mm=
A Mr. Mcpherson was placed on the stand
Las q witness, and among the first questions
propounded was: ibid you or not demand Of
Mr.. Walsh, within the time specified In the
indictment, his books? r.
The question was objected to on the ground
that the offense charged in the indictment
was O. failure on the part of the defendant to
produce his books on the demand Of Cen
Brady, and his failure or refusal to respond
to any other demand was not alleged, and,
therefore, had no connection and could not bs
established on the trial OF the cases at bar.
The objections were sustained, and Mr.. Nc
PhersOn WAS withdrawn by the prosecution,
who replaced him with q Mr.. Caven,
Mr.. Caven testified that he was present in
the st. Charles Hotel when Gen Brady asked
the defendant for his books. Did not remem
Der the words used by Gen Brady.
On cross examination he stated that both
he and Mr.. Walsh were at the hotel in re-
Spouse to Gen. Brady's summons. Mr. Walsh
said he did not have the books. They con-
versed for some time. Their conversation
was mainly confined to politics. Mr.. Walsh
told him twitness) that the books had been
sold through mistake by the office boy as
waste paper. Had himself been indicted for
failure to produce books, and also for con-
spiracy to defraud the government. The in
dictments against him were nOIe prosecuted.
The agreement between him and the govern
ment was that he would induce witness to
testify If the cases against him were notte
prosecuted. Did not know what had become
of the books. Did not remember of having
ever testified as to what became Of them.
Witness was here shown short hand re-
port Of his testimony In previous civil case,
iii which he was reported as having stated
that the otfoe-boy had told Mr.. Walsh in his
presence that he THE boy had sold the
books that Mr.. Walsh said: You have
played the devil; we must get them back"
and directed the boy to see the man to whom
the sale had been made; that the boy left,
and after time returned and reported they
could not be found. Witness said the testi
mony as reported was in substance correct,
but not entirely 50.
Witness was allowed to withdraw, and the
case was continued until 10 o'clock this morn
ing,