Los Angeles daily herald., 1889-02-14


pathy and regret, and the misfortune of
imprisonment was considerably tempered
by the hearty display of kindly feeling
which it brought out.
THE DISTILLERY CASE.
w. More Young Charged with Fall
aifying Returns.
The case in which Mr.. McGarvin was
announced as a juror is now on trial be-
fore Judge Ross. The case came to pub
lie notice in April, 1888, when informa-
ton was lodged in the Internal Revenue
office at San Francisco that returns had
been falsified as to the amount of brandy
manufactured at the Fruitvale Wine and
Fruit Company's winery, situated short
distance from Fresno. Agents of the
Government were sent to that vicinity,
and after taking a number of afidavits it
was discovered that the Government had
been defrauded of a certain amount Of
Government tax. 1t was found that a
tank had been buried in the ground,
and that brandy had been distilled
which had never been accounted
for, and which had been used in
fortifying wines. A seizure was made,
and the Government believed that it had
small case. The law allows a COM
promise of these cases, upon the pay
ment of the amount due the Govern
ment, and the corporation deposited
81. 900, and the compromise was about to
be accepted at Washington, when one of
the directors wrote to a friend at Wash
ington and asked him to use his influence
to have the $4,000 refunded. Another
investigation was made, and nine wit
nesses were summoned. 1t is now
claimed that the Government was de-
frauded of 1000. Warrants were issued
on November 10th for Eli B. Davis and
w. More Young, charging them with
having made false returns of the brandy
distilled. Davis was arrested in San
Francisco and sent down here, and is
now under bonds awaiting trial. Young,
who is a clerk in bank at Fresno, is
now on trial.
Yesterday Eli B. Davis was put on the
stand for the prosecution. He testified
that he was the Superintendent OF the
winery and distillery, that there was a
tank buried under the ground into which
brandy was run to be used in fortifying
the sweet wines. This was used from
August, 1887, to January, 1888, and
false returns were made as to the amount
of brandy distilled and as to the number
of hours the distillery was run. He also
! testified that the defendant knew ahnnt
it, and that as Secretary of the company
he made out the returns and knew that
they were false.
The afternoon session was taken up
with the cross-examination of the wit
ness. He testified that the company was
organized in 1885, and that while he did
not subscribe for any of the stock he re-
ceived some of it for the work he did.
His father was President of the COM
pany. Witness had worked as an
ordinary laborer until August, 1887,
when he was appointed Superin-
tendent by the Board of Directors. He
was directed to take full charge of the
cellar and was to superintend the max
ing of wine and brandy, but not to keep
an account of the wine and brandy he
made. He had been instructed to make
the returns on the revenue books as light
as possible, and he kept no account of
the amount of wine or brandy made. He
did not keep full record. because he
had been instructed not to by the direc-
tors. He had not seen Mr.. Young at the
distillery during the summer, when the
still was in operation. He testified to
the correctness of the statement made by
Mr.. Young, as compared with the returns
made by him on the government book.
The distillery was in operation at night
time, and he was there sometimes after
midnight. He never saw Young
there at that time, although he passed
by on his way home after night.
He testified that his father had told him
to look out and not get caught, as he
didn't want anything to do with that part
of the business. Afterwards he testified
that his father never gave him orders.
He had never told the directors that he
was hiding brandy in the tank, nor had
he ever told Mr.. Young that he was put
ting brandy there. He had not been
hired to swindle the Government, but
was told to make the returns as light as
possible by the Board of Directors. Moth
ing had been said to him about using the
brandy for fortifying the wine before the
revenue had been paid on ii.
The case was continued at this point
until this morning at 10 o'clock.