The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-19
A BOX OF GRAPES"
1t Contained Eight Cask-Heads
With Spirit Stamps.
How a Wooden Sign Figured in Lang's Ship
ments - Anachronistic Evidence
MePike's Boomerang.

bit OF bribery proves VerltaDle Iuols
for the curious. especially when the bride
has been offered on the advice Of lawyer.
The unison is a curiosity, rare one. and
the double attraction proved star comol-
nation yesterday in the United States Cir
cult Court, when the case of the United
States against the Calistoga distlllery Tor
condemnation was on trial.
1t is seldom the seats assigned for public
use in that court have a single occupant,
but yesterday, Notwithstanding the pouring
rain and mud under foot, fully $50 persons
occupied them and the trial also drew from
the extremes of the building, deputies,
clerks and officials Of all degrees of authori-
ty, who found there the balm in Gilead to
their monOtOnous career.
In the court were many lawyers, most OF
whom remained there through the entire eX-
animation. expecting bomb of some sort,
but of infinite resonant qualities. 1t did
not explode. That sensation is reserved for
to-day.
UNDER CROSS FIRE.
George Lsng, proprietor Of the distilery,
1t will be remembered, was in the witness
stand Wednesday afternoon, under cross
examination by Assistant United States
District Attorney Shurtlef. After an
hours preliminary examination, Lang adj
mjtted that he had not complied with the
laws in keeping the distlllery books, and
had falsfed dates as to the purchase and
sale of certain packages OF liquor on ac-
count Of not having had Wholesalers
license. Mr.. ShuTtlef then abruptly asked;
" Who marked those $50 pieces you gave
Kelly?"
" Mr. McPike"
Where were you to give him this money
any place in paTticuiar?'
q" No, sir"
" Just state again your conversation with
your attorney in regard TO giving money TO
Kelly"
- Mr. McPike told me that if ne asks for
any more money TO give him these two $50
pieces"
III you knew that his testimony was
for sale previously testified to-, you did not
think such proposition could come from
an honorable man, dd your?
After several attempts by his counsel to
inteTpOse objections, which the court
promptly overrued Lang, said: mo, did
not think SO"
when was the first time you told Mr..
MrPike or Mr.. Dunn that kelly's testi-
mouy was for saIe-that he was following
you around for money, or something to that
eifect?"
Objected 10 vigorously by Dunn and Nc
Pike, and before the court ruled McPlke
said, He never told Us that ut all.
THAT DOUBLE EAGLE.
ShurtIef-When did yeu tell your attOr-
neys?
after l gave him the first money; the
When did you give that?"
Two or three months ago."
Where"
Down IN my Office"
flow came you TO give it to him ?'
a" lie said he Was short and asked me
whether l could lend him $50"
You knew lie would be a witness adj
verse 10 your case; what reason could you
assign for giving that money!"
wanted TO be as friendly as / could.
| did not want him as an enemy"
." Did you ever give II. 3. Mayhem any
money to give Mr.. kellyY"
No, sir"
Sure?"
Yes. positive"
Don't you know as fact that Mr.. May
hew gave Kelly SOP"
don't know"
When the defense couple Of days since
prepared its bomb by which Kelly, the
bTibe-takeT, was unmasked, they introduced
a letter coming from Kelly to Lang dated
October IS last. ia which Kelly said he was
afraid to trust sending the numbers Of the
stamps through the mail The letter and
envelope were introduced as evidence by
the defense, but the defense was glad TO
y
Before it was done, however, somewhat Of
a revelation took place.
DIFFERENCE IN DATES.
The letter was written on October Is and
the envelope bore the San Francisco post
mark Of January % last a lapse Of many
months. The prosecution jumped at the
conclusion that the envelope belonged to a
later letter. Kelly was questioned, and ad-
mitted that in January he sent the num-
bers Lang wanted written on a slip of pa
per and sea ed in the envelope presented
with the October letter Lang had blum
dered IN taking them out of his desk, and
admitted As much on the stand when Ques-
toned. Further revelations on that point
we're stopped by the envelope being with
drawn from evidence.
On the 9Th of last June Collector Bying-
ton Of Sacramento seized the CalistOga dis
tille;y for internal revenue frauds, which
consisted in the reuse of spirit stamps. To
etfectually use them the heads Of packages
were removed ana rettted in other pack
ages. 1t was one OF these shipments of
barrel heads that was noted by II. K. Ford,
station agent at CalktOga. and his assistant
Charles Kelly. Kelly noted the number of
the stamps and proof marks aud cOmmuni-
Gated them to Special Agent Edridge of the
Internal Revenue Service. The seizure Of
the distIllery followed.
WOODEN GRAPES.
In the trial it was sworn to by Lang that
the box in which the heads were shipped
was marked grapes" because at one time
he shipped a wooden sign in the form Of a
bunch of grapes in Tue same box, and that the
marking on the box had not been removed
This rare way of designating a wooden sign
as grapes he defended by saving that the
railroad company required some mark"
In this testimony the Government only saw
an alleged fraud to which he professed will
ingly 10 cover up the ruse by which he car
ried on a greater one. 1t was also testified
to by Lang, though unwillingly, that he had
sent barrel slaves in this same grape" box
to CalistOga.
The court adjourned at o'clock last even
ing in the midst Of Mr.. Dunn's argument.
The arguments may consume most of to-
days sessions, but the matter stands a good
chance Of being submitted to jury before
night.