The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-04-16
THE CUSTOM HOUSE.
Special Agent Mccoy Exhibits
Sumatra Tobacco Samples.
Investigation Before Appraiser shurtleff- The
Grand Jury Basy-Cashir's Probable
Expulsion From the G. a. r.

The United States Grand Jury was In
session again yesterday and examined sew
eral witnesses. Their Investigations are
still connected with smuggling operations.
The frequent visits to the Grand Jury
room of special agents of the Treasury De-
partment makes this much obvious. The
assistants in the office of United States Dis
trict Attorney Garter were very busy all
day yesterday drawing up indictments, and
all these signs of activity afford a promise
OF sensational developments the next time
the Grand Jury enters the District Court
room. Court was not held yesterday. nor
will there be session until next Monday.
1t is known that among the indictments to
come the names of some very prominent
merchants will appear as defendants.
QUERIES AS TO LEAvY.
There is much speculation as to what is
to be done in regard TO Charles NJ. Leavy,
aud whether he ever will be indicted. A
belief is prevalent that such terms will be
made with him that he will finally appear
as the chief informer against the nest Of
smugglers known to exist IN this city. The
officials in this city. before making any
very decisive movements, are awaiting the
result of certain conferences in Washing
Ion at the Treasury Department, in which
Assistant Secretary Spaulding. Chief Agent
Tingle and Solicitor Hepburn will have
much to say.
CAsHIN'S EXTRACTION.
Meanwhile efforts to secure the extradi-
ton Of ID. M. Cashin, the ex-Deputy Col
lector, have not abated. He is at the pres
ent moment under the closest surveillance
in Victoria, Il. c., and wherever lie may
choose to go he will find keeping company
with his own shadow the shadows of sleuth
hounds in the service of the Government ne
has robbed. 1t is reported that at the next
meeting Of Meade Post. G. A. r.. the ques-
ton OF his expulsion will be introduced.
Cashin is past post commander. An or
ganiZation Of eX-soldiers with Loyalty" as
its foremost motto is not likely to carry on
its rolls the name OF man who Is not0ri-
ously a fugitive from justice, and who dare
not show himself on foot Of the soil shell
tered by the flag whose honor he had once
sworn to uphold. Ii is also highly prob
able that his name will be stricken from the
penson-ron.
WRAPPERS VS.. FILLERS.
Interest for the moment centers in the
Sumatra tobacco appeal case now III pro-
gress before General Appraiser Shurtleff.
The essential point at Issue is whether the
samples pro ured by Special Agent Mccoy
from the balrs OF Sumatra tobacco shipped
from this city by Liebes Bros. TO New \ DIRK
and Cincinnati are filters or wrappers. The
duty on filters is 30 cents pounds, on wrap
pers 81 pound. IL decided to be filters the
judgment of the National Board of Ap-
praisers will be sustained and the sum OF
Sal coo will be refunded by the Government
to Liebes Bros. The decision rests with the
United States Circuit Court. The testimony
now being taken before Appraiser Shurtlef1
will be submitted 10 that tribunal for the
final Judgment.
THE ELEMENT OF FRAUD.
At this stage the Government is attempt
ing TO show that a fraud was practiced in
character uf ira
tobacco. upon which the original apprsse-
ment was made in this city by Leavy when
he passed them As filters subject to a tariff
rating OF 30 cents pound, and subSe-
Quently graded them as wrappers. thus In
creasing the duty TO 81 a pound. These
samples, with others, we're sent TO the Ma.
tlOnal Board OF Appraisers. in New York
who decided, on Liebes' appeal from
Leavy's rerating. that they were filters, and
were therefore subject TO a duty Of only g
cents a pound. Meanwhile the consign.
| ment in possession Of Liebes Bros. was
shipped all over the country. This firm
doubtless then felt secure that when the
| question was finally settled IL would be
decided on the character of the Origina
| samples, and that the goods being out o.
| sight no other samples could be procured.
mccoy on THE TRAIL.
The Treasury Department, however, a.
| soon its suspicious were stirred, dis pate ed
| its officers III search OF the scattered bales
Agent Mccoy ran dOwn several bales IL
| Cincinnati and New York warehouses, took
new samples, sealed them in box anc
| shipped them to San Francisco. McCoy's
| samples are the only ones in evidence in the
| investigation now in progress before Ap-
! pIaiser Shurtletf. This action of the Gov
| eminent has proved a surprise TO Messrs
| COOmbS and Dibble, attorneys for the re
| spondent Liebes Brothers. They object anC
| except to every leaf, and. as question oi
| law, may save the S4l. 600 to their client
| should the Circuit Court decide that the ap
| peal being based on one lot of SAMPLES il
evidence, the appellant (the Government
cannot SHIFT the foundation of It's claim thai
| the Board of National Appraisers erred by
| introducing samples of tobacco never pro-
| duced before that body.
EXAMINATION OF EXPERTS.
The proceedings before the Appraiser can
not by any art short of that of the NEGRO
| Nancy OF fiction be made entertaining read
| ing. The table is piled with punched leave
| of dried tobacco, ticketed and numb ered
| Experts in the tobacco trade are asked unde
| oath whether these leaves are fit for wrap
pers. The experts now under examination
are called by the Government, and thei
testimony is in the Affirmative. 1t is. how
| ever, modified somewhat on cross examina
ton, which Is arrived at developing tn,
fact that Mr.. McCOy's samples lack the es
sentlal requisites of gloss, uniformity o.
| color, strength of nicotine and gumminess
This line. pursued by Mr. Coombs yester
day. met with considerable success, and /
these other qualities are deemed as essentia
as size and texture In determining whethe
leaf tobacco is fit for wrappers the Liebe
Brothers will have fair chance to secure
| judgment in their favor.
The witnesses examined yesterday wer
| Special Agent Mccoy, L. GOslinsky Of Cos
| linsky d Co., Marks Davis, drayman TO
Liebes Brothers. aud NJ. j. JOsephs. a sales
| man for Esberg, Bschman q Co. Excep
| a ,tafAf
the bales to the railway depot, and tn
| special agent, who again described how n
discovered them. the other witnesses test
fed that the samples shown were fit 70
wrappers Five of the "hands" exhibited
they testified, were not good for wrappers
| but would pass muster as filters. A hand
| Is technical term in the tobacco trade
meaning a small bunch of leaves.
The examination will be resumed at
| O'clock this morning.