Year: 1868

Internal Revenue Cases-Senfences on Per.


sons Convicted of Violating the Law.


Before Judge Blatchford.


At the sitting Of the court Judge Blatchford or
dered that william Heitman and Peter FaIlance
should be put forward to receive sentence. Counse
for the prisoners moved for a mitigation OF punish
ment and stated various grounds on which he ap-
piled for the merciful consideration of the court.
Judge Blatchford listened patiently to the arguments
Of counsel, and then addressing william Heitman be
briefly reviewed the charge Of which they had been
convicted, that OF carrying the business of dstl-
iers In house or place where other business was
carried on, and without paying the special tax re-
CURED by law. The penalty on conviction provided
by the statute was fine OF 81 900, two years. i'm
prisonment. It seemed to be too general an impress
sion that persons had q right to commit frauds
on the government and to violate the law with
lmpumty-t0 do in those cases OF violating
the revenue law the same as they do In
any ordinary business Of life. The jury who tried the
should not labor under that impression. They have
said so and the court would support the law by
which healthy state OF public opinion would be
maintained, ana violations of the law shall not be
committed with impunity. In consideration of all
the circumstances urged in their behalf, and having
regard to the recommendation of the Jury in refer.
to Falance the sentence of the court would not
be as rigorous as the law would admit. The court
could not impose the penalty Of fine and imprison
ment-it should be one or the other. The fine could
not be more nor less than 81 ,000 and he (William
Heltman( should pay fine of 81, 900 and be commit





In the case OF Peter Faance, his Honor said that In
consideration OF the recommendation Of the jury he
would suspend the sentence and discharge him, with
the understanding that the sentence was not re-
moved, but only suspended, and liable any time here
after to be enforced. Hetman was then removed in
custody and Fallance discharged.


The United States ps. Ferdinand S,asoe,ger ana
Ftue Otters.-This case, which was commenced on
wednesday and adjourned TO yesterday was resumed.
On the previous day, before the court rose question
was raised by counsel for the defence on the testi-
mony produced Tor the prosecution In reference to
the charge Of conspiracy alleged in the Indictment
ana tne evidence 10 sustain that charge. Counsel
for the defendants impugned the construction OF the
indictment In that respect and the line OF evidence
produced to support 1t. Counsel for the government
was heard In maintaining the Indictment and the
testimony; after which Judge Batchford ordered the
trial to proceed, and said he would look into the
points and see II they were applicable to the case.
The trial was then taken up and Collector Blake and
other witnesses were examined to prove the alega-
tions OF fraud laid In the indictment. The distery
was In Eighth street and the rectifying establishment
In Ninth street, and the charge against the defend
ants Is that they removed and conspired to remove
whiskey from the dlstery without paving the tax.
s. q. Courtney, b. X. Phelps and Joseph Bell for the
government; ex-Judge Fullerton, d. O. Brdsall and
A. ]. DittenhoeiIer for the defendants.