Los Angeles daily herald., 1889-02-16
Eli B. Davis Undergoes Rigid
Cross-ExaminatiOn.
WHAT BECAME OF THE BRANDY.
Several witnesses who Saw the Dis.
tillery in Operation in the
Night Time.


cry, came up. Eli B. Davis, who had
been on the stand for two days, was
again placed on the witness stand for
cross-examination. Counsel for defend
ant questioned him with view OF test
ing the veracity of some of his state
ments on the previous days. He had
testified that he had frequently seen
Young sign Treasurer Blasingame's
name to checks and orders for money.
Mr.. Blasingame was the Treasurer OF the
Fruitvale Wine Company.
All the orders and checks drawn on
Treasurer Blasingame were shown to
Davis. After looking them over, and
finding none to which Mr.. Young had
signed the name of Mr.. Blasingame, he
was asked what he meant when he said
he had seen Mr.. Young sign Mr.. Blasin-
games name.
He pointed to the address line, "To L..
A. Blasingame," and said that was what
he meant
When asked if he did not know that all
orders had to be addressed to some one,
he replied that he did.
On redirect examination, ne said that
Mr.. BlasiDgame had never personally
paid him any money. He had obtained
the orders from Mr.. Young, and had
taken them to the First National Bank,
where they were paid, but not by Mr..
Blasingame.
At this point Davis was excused, and
United States District Attorney Denis
read certified copy of the appointment
of E. Hall as a Deputy United States
Revenue Collector. Objections to the
introduction of this in evidence were
made by counsel for the defendant, but
were overruled, and the document was
marked as an exhibit in the case.
Mr.. J. Phillips, manager OF the Mer-
chants Bank of Fresno, identified the
signature of E. Hall to the reports of the
amounts of brandy made at the winery.
A question arose as to whether Hall was
still acting as Deputy Revenue Collector.
Witness said that he knew he was, for he
had gone on Halls bond. He did not
know how long Hall had served, how
ever, but Hall went crazy some time in
1887 and was sent to Stockton.
Cross-examined-Wi stated that
he did not know that the bond had ever
been filed. He had never seen it on file
in the Office where it ought to be on file.
Eli B. Davis was recalled to be cross
examined upon the figures he gave on
the previous day as to the amount OF
brandy made on which no revenue was
paid, and which was used in fortifying
wines.
In response to questions, he said that
he had testified on the previous day that
there had been 5000 odd gallons of
brandy made during the season.
Mr.. Grady introduced typewriter
copy OF Davis testimony taken before
the United States Commissioner in the
preliminary examination, to which Davis
had signed his name. He asked Davis
if he had read it and if it was a correct
report of his testimony. Davis replied
that it was.
Mr.. Grady docking over the evil
dence)-This says that you testified that
Is, 104 gallons of brandy had been made
on which no revenue had been paid.
How is it that you testified yesterday
that only 5000 gallons had been made?
Mr.. Davis-I made mistake yester-
day. If you will allow me, think l can
explain. 1 think can figure it out more
correctly now.
Mr.. Grady-We don't care to have you
do it. You have figured it out three
times already.
District Attorney Denis interposed and
said that if the witness had made mis-
take he should be allowed to explain it.
Davis then went to the blackboard,
and after considerable figuring an
nounced that 1884 gallons of brandy
had been made.
In answer to questions, Mr.. Davis re-
piled that there had been some brandy
on hand at the beginning of the
season, which made total of
16,059 gollons brandy, $50 deg. This
reduced to 100 deg, or proof brandy,
would make about % ,051 gallons which
went into 200 gallons of wine. He
also testified that the Fresno grape con-
tanned about 10 per cent. Of natural
amount would be about II 900 gallons of
proof brandy.
MIR. Grady wanted to know, supposing
5000 gallons of brandy had been used
in the wine to make it contain 20 per
cent. of spirits, as it was said to have,
what had become of the other 5000 gal
Ions of brandy.
Witness said that it had gone in the
wine.
Mr.. Grady said that his theory was
that the witness had made the brandy
and then sold it for his own benefit.
Witness said he had never sold any
brandy, but he judged brandy to be
worth $3.50 to 50 per gallon in the mar
ket.
Oscar Johnson, a boy, testified that
he lived near the winery and
knew the still was in operation
in September 1887 both day and night.
He was at the distillery on the morning
of the goth at O'Clock, and saw smoke
coming out of the distillery and the dis
charge running on the ground. In Octo'
Der the distillery was run IN the day
time but he'did not know abou. the night.
He knew it was running some where
near Christmas in 1887.
Olaf Johnson, the father OF the prev
ious witness, corroborated the state
ments made by his son about the rum
ming of the distillery. He also testified
that he boarded some of the men who
worked at the distillery. These men
worked at night, taking their lunch with
them. He had seen Young at the winery
weighing grapes in August, 1887 but he
he had not seen him at the distillery.
Afternoon Session.
Witness was shown . number of re-
ceipts for grapes, but he could not
identify them. He said: got these
..oo;cts from Mr. Canatrof who gave