Chicago Daily Tribune Newspaper, February 5, 1876, Page 1

i VOLUME 29. e JIRE INSURANCE. ____ GEO. G. CLARKE, Insurang_e——_Agency. LONDON ASSU%%%GE CORPORA- LONDON, A. D, 1720, Assots (Gold).......... 514,603,034 HOME INSURANCE COMPANY, COLUMBUS, OL10. ABSCLS oerenrnnnerannnsonnn. . 8512,0605 MANUFACTURERY' F. AND M, INSURANCE COMPANY, BOBTON. ASBCLS cennannnnn .$1,209,419 HOFFMAN FIRE INSURANCE 0., NEW YORK. ASSCLS coeuitann ...$414,045 PENNSYLVANIA FIRE INS. CO,, PHILADBELPHIA, A. D. 1836, Assots'....... 81,650,853 PEOPLE'S FIRE INSURANCE 00., TRENTON, N. J. ABBOLB . eeennrernsarenansna. BBT 3,220 NEPTUNE F, AND M, INS, 0., ABSCLS ..ov.eue ..8622,170 BOYLSTON M. INSURANCE C0,, BOBTO: » N, ASSEtS .evveenenereenns . 1,481,018 3 and 4 Bryan Block. COAL. 1. HATHAWAY, HARD & SOFT COALS. Main Ofteo ond Dock, Cormer Market and Randolphists. Alzo Office and Dack, No. 1 North Market-st, Offico and Yard, 711 West Lake-st. Aleo Office, 146 LaSalle-st, "All Coal Carcfully Screened. ORDERS FROM CITY AND COUN- TRY SOLICITED. ARTISTIOC TAILORING. 10 PER CT. DISCOUNT On all garments orderod of us during JANUARY aud - FEBRUARY, 1836, Quality, Style, I'it, Durability. #Oply 80 far a3 Dross springs from and {llustrates wharacter, can §f Lo sdintted o the realm of are,” ‘WEDDING GARMENTS A BPECIALTY. EDWARD BLY, Gorner of Monroe-st. snil Wabaah-av. WANTE! SITUATION WANTED. A compotont and reliable account- ant of several years’ experionce de- sires a position as Cashior or Book- keoper. Bost of reforoncos and se- curity given if desired. Address O 18, Tribune office. FINANCIAL. MONEY -T0 LOA On Teal Eatate in Chicago and vicinity; improved preferred. Funds {y luod, MEAD & COE, 155 Lafialle-at. STOCK WANTED, A limited smount fn the Chicago Vessel Owners’ Towing Assoclation, 0, GRANVILLE HAMMOND, 23 ChamUer of Commerce. __SBTOOKHOLDERS' MEETINGS. _ Stocliholders’ Meoting. To the stockbolders of the Vossst Owar's Tawlag Com- pany; of Uhlcsgo, 1liit You are hereby notifiod. that s meating of th ol Id Company will be beid At the ofice of Lum&-ny.ln Aho Lasomunt of No. 344 fioutn Water-st., {0 the ity of Chioago, in the State of fllinos, on Haturday, Keb. 96, 186, 3t% o'clock i the Mternoon, ‘Fhe obfootof ‘such mesting will be to con. tider andata npon b propoiiion o raducs (s capiial otk of sald Compsny 16 §30,0X. b JAMES L HTIGGIS, Y ITHECK, ated Jaa, 15, 1876, ;l!‘(;' ‘H LONG, b L TAYLOR, PR v N Disoctors. NATUANIEL JOINSTON & BONIN ST. ESTEPER And a fuliline of the reliable BARTON & GUSTIER CLARETS. 0. TATUM, Wine Merchant, 146 East Madison-st. BaTHS: DIt, D. KELLY, Hygisnss and Therapeutlst, Compressed Alr Dath, The aly for consutaption, brooobiils, Asth ness. Nature's hoator. Nu'med|. I latut, Al o princf; Turkish ot and ¢ “bathy,, Hwodish movenat cure, tand-ribe haaitt-lite, damb belts, snd al bealst and life piv: ente, Ciroulars sont free, and alkeommunicat one U MYGLENIG HUTEL, (1 aod 118 TORENT. One of the best stores on South Wator-st. Possession at once. Ad- dross ¥ 38, Tribune offlce. FRACTIONAL CURRENOY. $5.00 Packages oF FRACTIONAL GURRENCY IN EXOUANGK FOR il of Natial Careey, AT TRIBUNE OFTICE WHISKY. Rebm and Hesing the First Heat. Judge Blodgett Refuses to Quash the In- dictments; And the Seventh of March Is Set for the Day of Trial, Complicated Proceedings in the Case of ‘Cochran’s Distillery, Ete, Nelke and Rutishauser Capacity Tax---Freising- er's Case. The Adjournment of the Grand Jury -- Freezing Qut the Gaugers. Plot to Steal the Papers Inealpat- ing the Milwaukeo Distillers. Arrest of Ald. Jonas and An- other Chicagoan for the Conspiracy. Negotiations Between the Rindskopfs, Rebm, and the Others, They Start OF with Demanding $100,000, and Drop to $25,000. Excitement in St. Louis as the Babcock Trial Ap. . proaches. Report that Maguire Is to Be the Chief Witness Against Him, What Babcock's Counsel 8ay of His Lot~ terr-=-Civil Suits Againat McKee. CHICAGO, HESING AND REHM. TIE MOTION TO QUAHI OYERBULED, If the arguments on tho motion to quash the ludictments againat Hoslog, Rebm, and Ioyt drew a crowd to the Unitod Btates Court-room ‘Thureday, the oxpectation that Judge Blodgett would deliver his opinion yostorday morning waa tho menns of drawing together an assombly far more protentious ag regarda eize and gonoral mako-up, There was a reason for this, The decision was to bo the first ouo of sny import- tancoin tho whisky casos, and thero woro not wanting anxious once, cagor to 800 how tha ar gumonts to quash would be disposod of by the discorning mind of the Judge who honora the Bench of tho United Statea Court. It was quito probablo that similar motions to quash, based on ko grounds, perhaps, would come up from time to timo during the Ring trials, Tho distillers nud thoir counsol wora naturally interested in tho result of the present logal quibbling. Were tho decision in favor ot tho motion to quash, it would not only bo a vic- tory for tho threo great dofendants, but it would indicate n pousibility of other viciorles yot to como, lu which ths secoud batchors would of courso exult. Thoir stosk would spoodily rush abovo par. Wero tho opinion uufavorable, how~ ever, there would bo a corresponding de- pression of, foeling. It would possibly indi- cate thav ' wmora of tho samo sort ware to follow, Tor theso reasons tho great body of distillers aud their counsel formed p goodly por- t1on of tho assemblago, ‘Thon thero wero tho gentlomon of purely legal turn of mind who liave no possible intorcst ju the procoodings oxcopt as they related to distus« alons of pointa of law, They cameto hear legnl nicotios dilated upon sud piausible argumonts exymmnlud. They wont away satisflod. L'ho potit vi“" mwmio up another [arge portion of tho crowd, ‘Thoy wero thore, of courss, but only w fow of thom Beomed to be rosily mterest- ed with the matters uudor considoration, Tho majority had an_indefinito {dea that cach man was expocted to be prosent and fill up his tino, Lastly, thero waa tho crowd of curiosity- sockors, Thoy wero not 8o geuerally excluded a8 on the previous day, for some reason or othor, and I thoy filed to watch and wait. Thoy did it standing niost of them, Tho threa dofendants wero thera with their counsel. Tho Govornment was ropresouted by Mr. Ayer, Mr. Boutelt, snd District-Attornoy Dangs. Mesing sat nesr the railing, as did Hehn, avd both wero near their_counsol, oyt noar & window on tho i vlde of the courl-room, his head strotched forward at timoy to catch tho u_ccnulnnun{ indistinet worda of tho Judgo, Hesing and Rebm maintalued their usunl composure of conntonancs, and took in the affaiz 08 a matior of conrse, Hoyt appearsd the most anxfous of tho three. His tall, rather thin form aud P;Ia festuros gave him the uppsar- snce of ou intoroeted, but omowlat mournful, spoctator. Judge Blodgett camo 1n promptly at 100'clock, His presonce was aunounced by & tap of tho Deputy Marshall'a knifo on the railing, and tho slight buzz of excitement was immedintely hushed. ‘Tho reporters acized thelr pooclls, tho 1ato ones mournfully rubbiog their cold tingors and wisbing that tho Judge would bear soma motions. ln this thoy wero doomed to disap- polutment, for the Judge, on mounting tiio bench, immedintely lzunchied out upon the fols lowing deciulon s ‘This 18 & motion o quash the reveral indictmonts returned by the Grand Jury agajust lehwm, Heslog, 1nd loyt, sgatuat losing und Nowbuus, sud agsiond Healog Individually sud Hoyt fudividually, I bardly think It 18 neceadary for the Coutt tw RO luto s elaborate discussiun of il the points madu by the 1 upon this motion to quaah. uicieut ta , fu general terw, that an indictment fu good {ch sets out cleazly and conclsely tbe offense with which the defendant fa charged in such o manuer that tho Uours can sce thist an offenso has boen commlttod and can apply tho penally of tholaw to he offense i & copviction follows, aud tbat the defendant can as- vertin clearly from 'tuo tenor of the ndichmeut tho aturs of the olfeuse for which be iv cherged 50 1n tu prepars for trial, Theso ure tho genoral requisites for an fudictment, Tng judictment 1o thia case §s framed under tho B.4401l section of tho Itavised Btatutes, which providea thiat if two or more persous shiall conspire eithar o commit auy offetse sgeiust tie Uniled Biates, or L0 S e S ) p 3 o any act to ECE0TElo Gbicat of e conspirecy; all pariiee To such . The Ghicagn Daily CHICAGO, SATURDAY, FEBRUARY 5, 187 gonsuirscy alull ba Hlable ta a penaity of not leas than 81,640 or mots than $10,000, and imprisonment not more than two years, TOF. OABGING FORTION OF TNR INDICTHENT alleges that Jucob Rtehim, A. C, Healng, and Invinl ¥, 1lioyt, lats of the. _IIM district, heretofors, to-wit? on the 2d ux;) ol February, 1834, at Chicago, in sald Nortern District of lilinofs, & unlowfully and fraudulently econapire, combine, confederat, and agres, together with Georga Miller and varfous othee peraons, who Ao tamed, to defraud the United Hiates of the fulernal reyenua tax of 30 conts ten and there Imposed by the proviaions of the Jue ternal Nevenua faw of the United Btatea upon esch -nd.evm pruof gallon of a certaln large quantity, to- ‘l?l : 1,lw‘:“m proof gallons, of dtatilled spicite there- .X I::| ta produced at certaln distiilerion in satd orthern District, snumerating the distilleries. " Now, that s the charging part of the indintment,— e mmrlncy between three persons and these vari- ars distiilers to defraud the United Hitatoa of tho fntor- Teveune taz of 70 centa on a gallon tpon 1,000, fallons of istilled spiritato be produced at these everal istilleries. The tndletment then allegen that after. warda, to-wil: on the 13th dey of !’lln’\llr{ 1874, at Chicago, in the aald Northern Dietrict of Hliinaln, the #ald Georgo Miller, 2in pursuance of iha conaplracy, combination and sgréement, ro entercd into se aforoe said, and (o effect thia object thereof, VID USLAWFULLY REMOVE from the said distillory occupled by hin, the ratil George Miller, to a place other than » distillery Touss situsto upon and constituting & psrt of the sald distillory pretufscs, o plsca Lo the Grand Jurors unknown, s large quantity of distiliod spirits, 1,000 proof gallons, then and there produced at thie seld dintillery, upon which ssid apirita the United Statos (nternsl rovenue tax of 70 cents, then and thers im- poted by law upon sach ord every proof gullon there. of, lind 1ot been patd, and thereby did then and thiers defraud the United Bistes of eid taz. ‘The remainder of thiy count cousists of allegations of acta to effect the obfect of the conzpiracy between these and the vorioun olher pernons named in tho L ngl.p‘l:l fil .:'l’ lnd‘!clmuhl. l&?lhl&,:f’hava ere, an sllegation of A cousplracy efrau the United Btates out of the iniernal ravenue tax upon certafn wpirita; and, secondly, an net alleged to lave been domo by ona of fhe conspirators to effect the object of the copapiracy, This count, am 1 2314, containn allegatious of octa done ta eflect the ob- Ject of the conapiracy by all {ho persons Who ate jiamod as co-conspirators with the thres defendants THRE BECOXD COUNT atlleges that the defendauta beretofore, to-wit., on tha 4t dav of Hfarch, 1874, at Unicago, fn the said North- ert District of Lliinofs, dia uniawfully snd fraudu- leutly counpire, combine, confedorate, snd sqree to- gether and with tliese varous persons—the sans par- 20u8 named n thie Arst connl—to produce s ocriain distilleries, hereinafter syecified, a cortaln largo quat- ity, 100,000 proof gallons, of dlatilled epirits, subject, unider tho provislous of the Intecnal Teventis acts, 10 & tax of 50 centa upon each and every proof Rallon tborcof, oud fo put tue said spirits upon the market' without the payment of the said faxor by Jort thereof, and therety fo defraud the United States of the said tas, The dis. tilleriea are spocined an foilows, and then’ follows the cuumeration «f tho distitleries at which, by virtus of thia conpiracy i 18 allcged, the wines Waro 1o bs pro- u ‘They then allogo that afterwards, to-wit, on lst day of Auril, 1418, ab_Chicago, in 'the maid Northern District of ILiinols, the said George Miller and Honry Fredericks, fn pursuance of thio conpiracy cambi- uiion, confeldleracy and sgreament, eutered into 88 aforesaldl and to eiloct tho object thereof, DID UNLAWFULLY REMOYVE {rom tho asld distillery oceuplod by the said Lako Btioro Distiiling Compsny, #0 callod sud situate In foreenid, Lo place other thau the distil- lery warchousy situate upan and n part of sald distik lory proiiecs, £ & placo (o the jurors aforesald n- knnwu, & large quantity of diatiiled apirita, to-wit, 5400 ' proof gallons,” produced at the maid ditiilery ~nfter the 'Uth day of March, 18T, upon which said spirita the United Btates ioternal Tovenuo tax of %) centa thon 8nd_there impored by Taw upon each and every proof galion thercof had not been paid, and thereby did thon snd {hers defraud tho United Stites of the eald tax. Thix count proccods 1o alloga the act of removal from divers distillerien by thio confoderaton of the defendants of highwines, from which distilisries it is nlleged they woro produced, and the solling o putting them upon” tha market. without payment of tho tax, whereby tho Gorerumont was do- cauded of the {ax Properly sascasable o paid_winte, Thien followa a perios of counta slleging triofly that tho defondants, at various times, have conspirod wita various porsons TO DEFRAUD TUE GOYETNMENT. Theso counts are all of them brief, snd are of them forms which have Deen approved, and {n use bLoth in this Court and elre- where for wmany years, d have withatood the telsl of motions o ?1"“" 1n very many casca both hute sud elrewhere, and the counta hiavo been univer- sally sustained both by this Court and elsowlere, I tho ndictment sgainst Mr. Hesing individually, he samo aubstantisi alfegotions are ada regard o the consyiracy with various porsons, uatll woe come to tho last two counts, which charge him with having cearried on the business of & distiller, and, ss auch, to havo afded and abetted some fereons, to tho juror tn. knoyn, in removiog cortain spirits from sald distll- lery, whereby (ho Government was defranded, 1t'ts objected to this indictment, and eapocially to tho first two counta of tho first judictment,~tle ono sgalaat the threo derendants,~1hat i DOES NOT BTATE BPECIUICALLY, or with such certainty as to mako it lh‘mme, when tho wines were)produced, which, 1t is alleged, wers un- lawfully tremoved from the dlatlllery to s place other tusn the distiliory warchouse, Tha allegation in that they wera wines then aud there produced, and it is claimed, inthe light of certain authorities, thut tho words *“then snd thers " must rofer back to tho Srst day slated in tho indictment, Il scews tomo that ! hypereriiical, to eay the least; that the natural imyport of tho laugusge of the pleader {a that they weco wines {hen aud there; then," that is attho timo—{he fast dato befora the Mlh—llfd * thera,'" that i8 at tho distitiery from which, it {s sllsuod, they wero removed, It secins tomo the language ia clear and cou sdmis of no other construction than’ tuat the pleader alieges that George Miller, in pursusnce and furtherance of the slleged cunmpiracy, Aid remove from his distillery cortaln wines on a ceriain day, then and there produced, and thrra cau be no other meanirg, 1o othor falr constructlon, given to the Isngunge nsed, IT 18 YUNTUFER CLAIMED tht thio words 1u the charglug part of (his ndictment that the comuination—tuat is the worda that the parties hiad combinod sud conaplred to **cheat aud defraud " thio Government—does uot heceasurily fmpory erlme, nd that therefore tho plaaders should o on snd pecifioally allege the offenscs to be commited. Thu authoritiss which wera addured undoubtediy susialu iha propoaition that, where (Lo offende alleged fs not & mado crime cither Dy slatute or crime at comnnyon Jaw, thers shall Lo enough slieged thut there Was poime violations of law sccomplished, or intended to bo sccompilshed, by the coupiracy. Well uow, what 1s (he language of this indictment? ‘Ilint theso partics conspired and contederated together to defraud the United States ont of the tax upon cer- taln aplrita, Now, defraudiug the United Statcs out of tho tax oa aplrits '1s an offcuse, and it scota to mo tho cliargo la apoctfio suaugh to aliow that tkero was & ‘That s the almoat expree: two or piore persons cul offensa sgainst the Uaitod Blates or to defraud, Hore 1he oxpres lauguage of the indictment i hrought wiihin tho expresu languags of the law o defraud the United Htates. Iluw? It {s not sutficient to say that they conspired to defraud the Uniled States, Liut the pleader goos on snd states Low (hey proposcd to dofraud,—by dofrauding the Unitel States out of the tax upon certaln wines theresficr to Lo producod i certain dis:illering, 143 further clajmed (hat tho scts thus alleged by these {ndictiments Ly wbich tho conspirators did etfect the objoct of tho conapiracy are not of the character which will neceamarily iraply a violation of the law or o furtherauce of the objocts of the conspiracy, For instatice, it isalleged In'nuite a number of ha courts 1liat, in furthoratce of thn KNDS OF TIE CONSPIBACY, Nigliwinos wero removed from thess vaziane dlatilorics 103 place otler than a distillory warehouss, Now, it 1u saldl, bigwines may, under cortain circumstances, be romoved from' » distillery to s plsce atner thau o distillory Warehours” with impunity sud without violating auy law, and tbet tlierefore th ploader should negatise all thows atiegcs tious 1u which they could bo removed without vie- Jating the law, 380 'should bayo stated such a removal an would cleatly show that (¢ was dona in yalation of tholaw, Ithink this polut waw, pertinpe, practically abandonod to somne oxtent by counsel before the argiie 1tnent was thirough; but it seems to e it la ENTIRELY UNTENADLK, The conspiracy by fiself fa crloe, It does mof, lowever, becowse punishable unless some act in dony in furtherance, or to_effectuate tho end and purpors of 1o conwpiracy, Now, Ib s u0S Decessary that that should be, in and of iteelf, & crimninal offense, 1t may Ubs an entiraly innocent act, If it Is dous in furtheranca “of the unlawful coi aptrac {o still eich an act s vitalh o conipiracy or makes it & crime, To tlfustr Bupposo that threa persona aro charged with baviug couspired together to oake wnd put in clreulation counterfeit United Btates Troasury notes, and {t iy fusthet slleged thiat vno of the partics, 1u order to stfoct tho object of the congpiracy, rented o houss 'whero thay iutended to oarry on their unlawful busi- uees, Now, tho conspiracy is complote, Al ihat iy required 1n'order Lo vitallzo it and 1nake it A PUNIHUADLE OVFENSE s that one of the partics should do one act fu furthier- auce of tho couw, lfll:{, and it {4 not necessary lat that met whouls Le nocessarlly s crime, 1t woull ba eoongh {f 4t whould by alleged, for instance, that thess persons confederated and combiued togeibor 1o defraud o United Htatew Qovernuiont out of tue tax ou highwines to bo pro- duced at a certain distillery, and tuat in furtherance aud to offect the objoct of (hat combuination, thuy erected a dlutlllery, caused 1t to bo_licensed, bonded, and took all Decessary stery requlred by the' Internal o alelie Teveauo law to suthorize tion of aplrits ut {6t place, and ileged the dolug of every ack, or all acta, which aro uscessary to makea awful diatillery, 1v 1a ailegod that tlioxs acla wers dons with the {nteation of furthering aud sffecting tha end in view,—iha do- sraudlug of the Governieut, bocause they might projp- erly olaain thelicence of distiilers, atast busiuces dudar fhea anci{ou ofa Heeuse, sud (hen tutend to defraud ths Guovernment by s0wo covort acts in the process of dis. tiilatiou, It I8 euough, then, that they act (s done, It scema (o me (hls &8 sutticient anewer 1o 4ils objection, Juregurd Lo Lbe second count of the Indictment sgainst tho threo persons, ths worda 4 PUTTING UPON TUE MABKET " arocriticised, Tbe alicgation 18 that the parties con- Fe avired together ta put apm the merkat celatn din- title apinita o be protucel. Tho words, of conrse, Ar6 not words found in any of the hw books, Tuny nre, an was aald by (bn counmel, cumrrcial terms, buf ft seema 1o me they ' are word redily understood and Interpreted Ly the Comrt snd by thy parties, Tne defendant widerstands, ths Eourt tindcraisnds, the Jury wonld understand, what fs mennt by the tarm “ put upon the market,” That i, #n tlie counnel himreld construcd S, they ore equivas tent tn raying * Wo will yell, ar offer far fale, upon the macket, certain highwines to be priuced,” ' Auil 84 8 mntter'of course, it mmema to e tat #olution of {nterprelation by the defendant’n conneel, the contruntion of the fndictment i the anme an fhough 1t had alleged thal tho defendants consgired togetker to SELL UPOX TUR MARKRET, orto sell witiut poymuent of the ax; enrtsin biyh- wiuea to ho prodnced at certan distilierise with in- tent 10 defraud 1ho United Ftates out uf the ta tisre on, and tho only thing to ssy 1a that the charing ARt of tho indictment seets to me Lroad enough to show cloarly that 1t pointa cnt a comiination or cine #pirscy to defraud the United Btates nut of (he tax on Ligwinen to be produced st thiese various distilleries, e last objection 1a that with reference to thn first count, 'Tlieiaw of 186, wirk b was In force at the thiro alleged tn thatcount when this conspiracy was formed, was repeled by the revision of 171, and sevaral of the xcta to offéct the objoct of tha conepiracy ware allegad 10 have taken place after the 231 of Juue, 1874, when, 1t 1 elatmod, tho sctof 1857 wam repeaied aud {ho re. vision subntituted fn place of ft. 1 am melined to think that the BAYING CLAUBE 1¥ TAR REVIRION 18 Urond enough 40 have mnade thin uifcuse eompleta eenif one of tho steps takien (o efest the ohlen: of tho conspiracy had been taken after the repesl of the sct; that if the conpiracy was complete, was a com- plefo crimioal combinatlon rrior 10 the repeal of ths act of 1867, and meroly tho aitp was faken after the e Poal to effect the abject, it could be given In evidonce under the repesling claitc, Bt it ia not necemaary to R0 88 far & that, 'Tho act in question was firat enact- e aa the thirticth section of the act of March 2, 107, 1t 1s, Lo all intents and purpores, THT, BAXE LAW A8 NOW KXI4T8 tpon the atatuts in tha form of Hec, G,{4)of the Te- vised Btatutos, There sre soms verial smeudwents, some slight verbal cliages In the language of the oct, but tho purpose, the purviow, aud scope of thie Iaw §not changed in any particular whstavor, Tho Jeuslty ta not changed o any particuter, sud it seeme 1m0 that the most that can Le said {n Tegard fo tha Tevislon i that it hne elimsnated out from tho act of 1607 certalu, supcrluote worir, and jou cau givs no fores o tho repealing clsise of {ho revision except to sy that t hw reposled cerfaln words of ~the scl of 1a7, leavig thio act of 14GT in full force, with certain superfiuin words stricken out, B0 that It seema to mo that the asecrtion, or claim, on ths part of the couuael, that the law of 1607 was repealod by thy reviston, i3 not sound por tho posilion well taken, Tho law Ja cons tinued in force in simont Lme verbs, Thicre aro cer. tain superiiuous worda atricken out which had notbiog to do with, aund took nothing from, the import of tho section, It miglt have bedu objocted—I dou't know Lot 1t waa by the counsclthat, even if this polut wsa_ well taken in_refercuco {0 toma of tho acts alleged in this frat connt, that §t 4 oniv to taken avall of ou tetal, because part of the nliega- tions 83 to scts to effect the obfect of the conapiracy aro alleged to Lava {aken place prior to the period, so that 1o sndictment fa good ujdu fis face, aithough somo of tho acts might fedl, and, if the poiut were well taken, tho Court, upon the'trial, might exclude all the a.ts which are alfeged to hitye taken place aftor the re vinlon touk place. ~But, an [ sald hefore, T don't ihink tust constructfon ehould Le given ta'tie revision, 8o that, in any ovent, it scoms to me thix point s ok well ta¥en, 1 Liave gone through with these various objuctions, and it secms to me that this indictiacnt, aud Lot theso ndictments, CLEAULY CONFOUM TO THE REQUINEMDNTH of tho law in regard to what an fudictment ¢hould coutaln. 'They are upecific enough to put the deiend- sntw upon notico an to the charges which they aro ex. posted to meet, Tuoy ore srazido enough $0 notir, iho Court of tho offenso which Lsa Lven committed, or which fa slicged o Liave been committed, and o analle) the Court to pronounce judgment if & convic- tion $x found, Tcomo nowto 5 THE LAST TWO COUSTS of thn indictruent sgziust Mr. Hestug slone, aimply for & mometit o kay thul thls form of Wdicimeist has voen in ueo iu thin Court to my kuowledga saven or cight yews, In wn early day a motion mas nodo g tho parl of ol of Wiwo wery dletillara, Mr. Mauon, I think, to quash this xama form of fndictinont beforo Judge rummoud, betors I came to the Bench, wlich was very ably and’ fully arguad, but was fnally overruled by lim. * When I cime upon the Bench ou - Indictwent of o simflar character was found aganat some other, defondunts, aud o _motion again juterposed to quash, and 1 found, amony s0mo Ylpor!, Judge Drummond's opinion tn the Orit cake, ‘cxamined ft, and was satintiod fram a reading of Ity and followed his ruling. Since t inglctusont Lns tieen uacd i ifle:~<kes Lolly Miller an udge yei, rexent Dene of o ! penchin” e Eastorn -Dismit:t of Wiaconsin, It hns been used In Tadiana very lately by Judge Gresham. The chargo ia that Alr, ‘Hesing carried on, in conucetion with Genrgo Miller, the Luui- nems of s distiller ; thut whilo bs %0 corried on (he businiea of s dfstilicr satne persous removed fram said aistiliery 8 largo quantity of distified npbiite, on which the tax had nct becn patd, 10 a p'ace otier than a di tiilery warchouse, wLich is'an o euss under Sec, 3,204, sud {0 au offcuse which may be couplod with tha con: spiracy which §8 chiarged 1 tho former counts of tio fudictment, 1 dow't sce tal this count 18 vegue or uncertuin, ot that it fudicts the defendsnt for the fu- fant, It fudicts hin s one of the counts for actualiy remosing thio wiues bimself, and ju auother for and abetting suother petaon i1 temoviug wine hin distilery withiout the ta= having been pald. ‘The motion to quaab 1s overruled, Col, Juessen—Do you rule nron the count chorgiug him with a mere naked inteut to de- Krnufi~mu jast count# 1t was not for aidiog in tha romoval, but simply the inteut, Tho Conrt (readiog tho couat)—I do not so coustruo jt. Col. Juerson—That is tho count to which I tave referced. Tho couut I meau simply statos that on a certain day Mr. Heslug wan engaged in tho buainees of distilling, and that hie then nnd there manufacturod disbilled spirits ana com- mitted fraud. It is simply a chargo of intending to doa thing without sothing out o eluglo overt act. “I'ho Conrt (atill reading the Indlctmont)—This i8 tho very form of ijvdictmcunt 1o which I re- ferred an baving beon argned »o ful)y beforo Judge Drummond. L thiuk that is a good conut. ‘Phero was & moment’s pause and then Judge mm‘fn" vory quiotly aud vory firmly said : wFhe motlou to” quash 18 overruled in all thens cases," r. Boutell was now on his fast, and satd that tho defoudants should then he called upon to vlesd, to which tho Court returnod au aflitina- tive roaponso. Mr. Campball had tho floor 1n an axceedingly sliurt spaco of imo, and sald : « In the indictwont against Rebw and others, on thoe part of Rebm I enter a motion for s BILL OF PAUTICULAUS, sod desire time to fils au afidavit." Col, Juessen—I will filo tho samo motion. Ihe Court—~1ho motion will bo overruled. 1 hiave road theso indictinouts vver very carefally, 1t was foreshudowed yosterday that” a woli for & bitt af particulars might be entared to-day, and for that reason 1 read them with unusual caro. Mr. Campbell—I will baing the aftidavit into court to-moLrow moruing. Tho Court—I want thewo pleas in and a timo nx’c(: this moroipg when tho casos aro to bo crled, Judge Doolittlo—I move for s trial in r, Hoyt's case under n sevarate indictment. Mr, Ioutell—Let tho ploas be sutered fleat, Mr. Campboll—Does the Goverumont coun- el ubjecy to our putting in o bill of particu- lara Mr, Boutell winked a momont or two, and re- pliod that he did. ‘Tho Coutt~1 don't soo what good a bill of par- ticulura wonld do, Mr, Campbetl—The Government counsel knows what i¢ would do. ‘Thoy have heen {u the. Grand Jury room and yonr Honor bay not, The Court~—Well, gentlemen, tro you ready to muke your ploas? It seoniod that nobody was quite roady, and the Conrt then allowed Judize Doolittle to erguo bud wotion for & separate trial {u HOYT'S CARE, Judge Doolittle, in arguiug hia motion, firat #poko of the tuportauce af it, }le could uot ask it a8 & matter of right, but a3 a watter of dis- crotion, Whatever tho deciston might be it swonld bo final, aud lis wonld rest coutont under thio decisfon, Judge Doohittle then addressed himsolf to the question @8 to whether tho power to grant u sepsralo trial was dscretiouary or not. Ife thought, if be satwtied the Court that it had this power, tho presons caso wad undoubtedly ono in which is should bo exercised, v then cited a case docided by Chief-Justico Story in tho United Htates Siupromo Court somo years ago, which bad & bearing {u the prosont caso. The principal argument urgoed in the provioud case iu support of tho motion wad that tn chal- Jengg tho jury one mau mught challengo s {’nmr whom the others would prefer should “not o chaltenged, This argumont was cousiderod by Culef-Justice Story, but e decided that the Rranting of a separate trial was not a mattor of right, but » matter of discrotion. Judge Doolittle thoa veferred to tho * blank- ot” audictent. Ho vaid that ftoelfo, Junker & Co., Georgo Millor, aud tho othor co-conspiras tors were as much subject to srial as Hesing, Hobm and IHoyt; that they wore to Lava svpa- rate trials, aud why sbould not Huyt, ju all rea- sou, Lavo aseparate trial, provided it met the views of the Court. Judge Doolittle thon reforred to tho fact tLat Tibnne, —TWELVE PAGES, w tho whisky cacas at Milwankeo and other citioa, the defendants were allowal separato trials, and, ho thongnt, with juetics, In this caxe, 3r, Hoyt differed from the other defand- anta. He was not only a privato citizen, but an ofticer of tho (Jovernment. The chacys (nvolved him thoroughly ; all that he wan or woald over be was centered in this trial, 1in conduct as a public ofhoer liad been impenchied, and if thero WoA aver a ceas ihero s man ehonld have & pep- srato trial to vindicate himsolf from these as- peraious tho presant was one. Judge Doolittla then aeserted that thaindictment against 1ost slono charged tho wam offenres as tho * blankat ™ did, and that the evideucs ou tho sungle indictmont would answer as evidence on tho *omubus" document. Tho indictment againat lum sy an oflicer ought not to go on ot the asmo timo with an indictment agaiust him 88 & privats cilizen, Tho Govern: t made no raply, and Judge Dlodgett proceeded to deliver Lin onluon very Lriotly. Ho eaw no resson why Ilo:t rhould, from tho fact« thua far chawn, be silowed & Rep- araio trisl. 1o would not overrule tha motion exactly. but loase it far tho presaut with the un- derstanding that connnel would he nrivileped to adduco additional argutnents a¢ suotbier time. THP, PLEAB, Mr, Bonteil agaty sekod that the defendants enter their plens, Col, Jues-en—Wo plead nat guilty to all the Indictmants, Mr. Campbell raid 80 too, Ihe Court—\When can you bo ready for trial. Col, Juessno—We would like to koo what the Gavornment's proposition is firmt. . The Governmest's counsel pnt their hoads togethier, aud, having chiosen Mr. Baugs as spuitesman this tme, that gentleman sroso sud said the Govertenent would bs roady almost ANY DAY NEXT WREK, Col. Juessen—I presume it is superfluous for ua to stato that wo esunot pomably bo reedy next week. This whols argumont shiows that wo are uot prepared for the chargesagainst us. Wo don't Bce wby this caao shanid be pushed whore there hiave been so wany indiciments ready for the past six month which aro not callod up now. Wo shall bo ready 86 400n 88 Wwo can be, butitis out of tlo ques- tion to say we can bo ready pext weck, or tho woek after that, or in loss than a mooth at least, Mr. Baogs intimated that the Government didn't wish'to lose very mnch timo. Col. Juersen romarked that the next torm bo- gon in Match. ‘The Court—This ia an important case, and in- volves o great desl ae agaiust theso defendants, Tt is not right thas thoy should bo pushed to & trisl with undue hasto, and, whilo it s desiroblo that a caso of this character shoall Lsve n apeedy trial, vet at the samo timo tho dofendants should not lisvo o speedy a triat a8 would doprive them of auy of tho opportanitiea for tho preparation of their defense, Thoy should have sufliciout timo to properly preaout thoir cases. I am not dis- poeod to allow themn to be crowded unuecessa- rily, It is now the ith of February, The first Monday in March will be tho sixth day of March. It will boa ittle mors thea four ‘reeks from now for tha preparation, ‘lucsday, the Tth day of March, it would seem {o me, would bo at least far enough timo to enablo the partien to wako that thorough preparation which iy neces- rary. Col. Juessen said they would endeavor to be ready by that time, Tue Court—Any objection on the part of the prosocution 7 I would like an {ntimation frum tho 1.rosecution s to whetherthoy will bo roady, aud a8 totho order in which thoy will presont the cases. Mr. Uangs was again mado the chicf sposker. Ho said the prosccution would uudoubtediy be ready at that time, and evon at au earlier dato. Tha probavilities wero that thoy would try the Jotuc indicsment firut, Tho Court—Lot the cases be ket dowa for March 7, to bo takou up in their order. Judge Doolittle sald lie suppo-ed counsel would furnish tho defense with the names of tho Governmont witnessod. Mr. Baugu said : ** Yos, air,"” Tho Court—I sumowhat peremptorily ioti- mnated my intoution to oserruie tho wotion for o BILL OF PARTICULALS, I will say, onaver, that io n earoful exnmina- tion of o1l tha counts in tho indictien®, there may bo somu connta—I will not say pusitively, for I havo not critically oxaminod all —undor which tho defendauts would ba entitlod to a bill of particalare, snd, it toy make application for it witlun o reasonabie timo, I uhall rojuire the prosecutlon to give & bill of particulais or disinies. AMr., Conupboell took ocension to say that was swhiat 1o biad beon rriviug atsome titno provioua, Judge Doolittlo agitu expreesed some doubt ou the subject of belng farnishod with the uames of the Govornment's witvesses, but Mr. Liangs reassured Lim that he would be furnishied with the nntnos at an early day. Judgo Duoiittlo intimated that on the motion for. u separato tnal o might submit sume further evider.co noxt week, ‘Lo proceodings closed ot this polut so far as the throo great defendants wero concerned, and tho crowd bLegan to slowly disperso. Boma, howover, remuoed to “view tho opening sceucs in the Cochiran trial, bat the mujority of the aesemblage withidrow avd wendod " their soveral ways down the weveral pairs of stairs out into tho pure alr of day. They ehot off to tho places wharo, at that hour, men most do coneregato—nntioly, 1o nelyl boring lunch tables” where thoy very fully duse cussed the events of the morniug, ‘I'he gouersl opinion wes that tho Hlrst of the enemy's guus had been apiked, aud that tho trial was that much nearor at haud. ‘The ovorruhng of tho wotion to qnash ploaeed everybody except, of courne, tho turoo dofendants and thoir alls aud plausiblo counsol, whose faces wore a look not of joy or triumph, but of deop coneern. bl i THE LEGAL LABYRINTH. A ROMANCE OF TRIGUTON, A distillery, » trast-decd, a mochanic's lleg, aud acar-load of corn,—enach cut a figure yos- terday afternoon in tho fimt walsky case that bas yet gono to trisl in Judge Dlodgott's court, Tho Cochrau dietillery was geizod last October by tho Nevenuo oficors of this city for defrauding the Governiaent by the double use of utampe, illegally removing spirits, etc. An- drow Cocbrau, the proprictor, hos ot been scon in theso parts sinco the night of the woizuro, ‘I'ho real defendants in the cada are, thereforo, Jacob sud Eva Singer, and Jacob Weinlaud, they being tho original oxuers of thedistillary premi- Bod. Further, Itobert G. Stovens 18 {ncluded among tho defondants to recover posnession of A car- 10ad of corn, which had beon sotd to Coehran previons to the soizuro, Lut for which lie had not been paid, Lastly, Mr. L. I'; Runyau comes iv, Lo holding a certificats of a Shorifl's sale of the property on o mochanio’s hon. Tho caso is thus very mush complicated. Judge J. I, Doonttle appeared, with Mr. H. Canning, for the Siugors, and Mr, Horden for Stovous, The casa was opened yestorday aftornoon at the convening of Court. Tho first witnces callod 1o the atand was it Ad M. BRODEH, mors familiarly known as Young Brooks, who, bolug #worn, testifled that his occupation wau thatof Reveuue Agont, having beenan duty slnca December, 1874, Ho biad beon on daty 1n Chitcago Inet fall. ‘Tho dwtillory of Androw Cooliran was nituated 2 milo boyoud Lrighton Btation, on the Cbicago, Altun & 8t, Louls Reilroad. 1o nas nequalnted with tho rectifylng cutablishment of R. P, Hutchin, located at Noe, 10 and 12 Wost Randalph strect, ovor tho bridgo, Ho fiest visit- ed tho distitery onday, Oct. 4, 1875, lo wont with Mr. Phuapton, Doputy Collector, for thn purpono of making sn examination of it and the books. He met thore & porsun named Banoister, who said ho hiad chargo of tho dlstillery. Dan- uister sald that Cochiran was somewhero aboat the premisos, and, &t bis roquost, brought him to Mr. Coohran and introduced lum, Witness asked Afr, Coclitan to show him tho distillery-books. Cochran did not seom to know whal be wanted. Daunistor spoko np aud eaid they were st Hutchips', e tuen loarned that thoy expectod to ship soma eplrits, thn stamps for which they wera ta got from Mr, Cox, n Gauger, As soon a8 tha wittess learved that, B 10ado up bis mind 10 take & streot-car an | fol- low up the spirita. 1t was late when ho wot back, and he did not scoe tho gwnhu‘xemovud‘ o stayod sround until dark, when thero catue ‘-ang III’BJ wagon loaded with empty barrela, ‘fhoro was also » buggy following afier it. Pluupton and ho conciuded o lot thom go that I 2 Se night and loarn more 4% st thething altermards, QOct, 7 ho sacertsinge, t tho Collector's ifico that Cochimn had p(S.’ s tax on thirty barrols of Fpirite, Ile immog s~ Iy raade arrsogements to £o out to the rlt, ory. e took an Archer avenuo car to U tistilfory. Near the ond of the routs ho oS Androw “Cochran driviog a dintillery wagoo.* ,tainivg ton barrelsof spirita, An noon 88 Gaga™ 1 had passed, hie jumpod out of tha car aud S .awod him. Cochiran drove up toanallev iy o rear of Hutchina' rectitying- house. Theg erol warn nnlosded and rolled in. Angoo | tho Iast barrel was unloaded, Cochitan by ¢d Ius horses 1u tho alley and wentin, - fan hour after ha came out of tho Lousa and backed un tho horss, aud cowm- mencod “m“"&n up barrols. They woro hifted In ends down. As koon a8 tho Isst barrel was v, * Cochran drove Off at & lively 73t out Washington street, so fast tuat tuey coutdu't follow, Tho witness got on A Cansl atrest ‘bus aud wont as far as posmblo. Ho then ran to Archer avenue, and canght sight of Cochran, $oou sfter ho met Muun (Lievenus Agout) and followed Cochran to THE DISTILLERY. At this point the witnesa took s plan aad poiuted out tha routs thev pumsned. They Junipod ot plstform at the sido of thediatillery and met tho wagou roturaing unlosded, Ha saw awan vamed Cochran, but not Andrew, and fnvc him ju charge of Plimpton. 1o eaw a hight, i tho atablo, and goiog thora &t the door mie: Androw Cochirau with a Iantern. Inaido witnees found a board taken out of thewallleadinginto the wino-room. The wine-room contsinod seven barrela foil - of spirite with slamps, and thren empty barrels also stamped and ready to_ba filled. Ho maw Hatchins 1o tho stablo. The barrels wero the same barrols that bad paid the tax that day. Thoro was another door leadlug to tho wine-room. on which was the Government lock, Thia was uatouched. Lo found also that tho faucais uad the Government lock, but one end of the ataplo wus fastencd so 88 to gain sccess. The temperaturs of tho spirits was warm, as it lacoly drawn off from the receiving clstern. ‘Tho barrels weroall stampod, ‘These stamps corrosnonded svith thoas that had been issued that day. The witness showed Cocbran’s Governmeut book, from which he showod that 30 barrela Lad beon removed in two fifteen-barrel lots, numberod from 469 to 483 and from 454 to 493. ‘Lho warchouso stampa - wore numbered 184,469, 144,469, 193,483, 184~ 484, 184,498, The tax-paid stamps wero num- erad lotter Z 203,803 ta 200,317 incladive. Lhio balauco ran trom 204,318 to 204,331, L'ho apirita fouud in the wine-roown were now iu the cellar of the Government baildiog. ‘The distillery was scized st that lime, and ho remainod in chiarge thatnight, Andrew Cochrau had no been soen by bim sinco that timoe. Judgoe Blodgoett—Wiat timae was it that you tnet Cochrau with the wagon-load of whisky ? Wituess—aAt sbout 3 o'cloci 1 the afturuvon, Cross-czamined: Thero waa a car-load of corn ot the time staading on the railroad track whon Lie was at tho distillery in the evoning. Ho could not sav whether the car waa opeu or closed, Tho rallrond side-track wes ou the distillery bremises. ME. 1L A, PLIMPTON was the next witness. Ho uaid that he was a Daoputy-Colloctor, aud bad been ju shia district about two years and a half. 1lo Lnowabout the seizura ol Cochrau's distillery,—know Cochran by sight. ile bad received ona return from Lim in the oftice. 'That return was mude Qct. 5. He had po positiva knowlodge of the feand uotil Oct. 7. Ho was with Mr. Brooks Monday afternoos, cud uaw Mr. Cochran ot the timo. Ho ssied Mr., Coclraa for bis book, and o8 told tuas 1t way a¢ the rectifyivg Lounse of R. P. Hutelins., The book, dr. Cochran maid, was kept at Hutehins' boeatise tho returng wore male up by 8 bookkosper at that piace nuwmed Williauiguu, e was with Mr. Drooks that ovening, and aaw tho red_wagon returuiog from tho fecufyiug bouse. The uoxt day Alr. Williameon and "Mr. Cocuran camo iuio tho Collector's aftice any made the ieturu for wpinta made during Lho wouth of Seutember. Thoe dietiller sigued tho resurn and wus rvorn to the aifidavit, Ihat was tho Becoud :imo tust he hud s3en ir. Cochran, Uu tho folinwing day b wens to tho distillory, wvat did wot wes Ar. Cocurau. On the ath, with Mesare. " rooks and Munu, he went ot aud waited near tho dutillery o watcu for tl rolurn of tho wagon. It was uuout 7 oclueh wheu tho wagon raturnod with aload of avvat ton barrels on end. bhortly aiter Mr. Brooks joived them, A buggy came ol.ug coutwiniug Mr. Hutehing sod Mr, David Cochrau, Whon they teschied the distillery thoy et Mr, Cochrao on tho piatform, and he heard A1, Brooks ask himf he wes Mr, Cochiran, He ran atound to tho stable, and thore met Mr, An- drey Ucclican, and asked bun for bus lantetn, Hw met Mr. Hutchiny inside the stables, just cowiug through tue hole in the wall made by tiso boatd bewg displaced, He didu't know Idr. Tinsehine, eod sakod tim hit name. Ths roply wuy thiot Bis namo way Mr, Smith. Afiorwards, on conung out of tho stable, he looked for the men, sud saw two men walkiug along tho rond awsy from the distdlery, One of them wess tho ona who had sund his uawmo was Smith, unn then said it was 1latch- ing. ‘Therc wera found 7 barrels full of suirits aud 3 empty barrols, tho contents boiug warm n8if just from tho cistorn, 2 Wittioss stayed at the distillery tilt tho uext morning, whon he waajreliovod vy Mr. Jubuscn, sent out for taat purnovo. Tho applications of thio distillerswero alwaya taken in tho Colluctor's oftice by str. Root. Tho witnoss explained that the faucet is placed in tho cistern so Lhat an arm comss crosswise, roodering it tmporsiblo for tho fsuzol o be opensd unlesa unlocked. Thoe faucots in the wiuo-roomis Aore fouud opett. The Governmont onicors bad chiarge of the wine-room, and no onw bad & right thors except 1n tho preseuco of a Goverument oflicer, No distillery could bo autborized to vun uvless o plan of it be submitted to tho Kevenuo departmont. Thore was no ather corn eeized oxcopt thot on the promises, and that waaiu a oar ol tho sidosauroad track. Ho could not tell whothor tho track wad on tho prewiscs or not. Judge Doolitile explained tha: tho track in quostion was within tho right of way of tho rairond, aud therefore could not bu on tha promises. The witness stated that the track was not over 8 feot from tho maiu truck, It 4, 3L MUNN, beiog swory, £aid tuat ho bad beon Deputy Col- lc:tor of the Fimit District of lilinois for two oare, Mo went with Mr. Plimpton dowa the rigliton roud on the ovoning of Oct, 7. Lhoy stayed there until tbuy saw the rod wagou coin- lug along witn & number of cuibty barrols upon it. Thev eaw also a buggy with two mon in it [lo rocoguized one of thom a3 Me. Hatchins, Ho id not know who iway driviug the distillery wagon, They went down to tho dwtillery, whon Mr, Brooks met Mr. David Cochiran oud asked if his nume was Cochiran, Mo replied that it wos, and Alr, Brouka sald that ho wua ot tho muan ha wanted, ‘L'uey then wout around to tho stablo doar, and ho stayed outside, Howmot Mr. Hutchins, who scemed greatly oxcited, saying that tho boys ware knociing down doors and overtuwning tulogs gonerally, ko did not seo Mr, Audrow Cocliran that evoning. ilo want into the wine- room and found the condition of atfairs as ttated by tho previous wituess, Cross-¢samined : 'Fho breach in tho building loaked as if o board had Leen dixplaced 8o a4 40 bo exmly put back. M, WILLIAX COX was thonext witness, Ho wad & Gaugor, bav- ing been appointed last May, In Octover last ho was utationed at Cochran'y distillory. Howas thers Oat, 0 sud 7. Oot. 7 thirty stampa were purchasod. Thirty barrels wero estonsibly 10+ moved that day to'the rectifying houso of it D Iutching, Lto stamps noted in she book of the Compauy woro placed on tho batrals of spitits by huta.~ Witness Leing shown 8 burrol head sisted that he had placed tho siamp on it ne @u then aupearod. J¢ was placed Sopt. 27, and pus intho booded warohouse. Oct. T Audrow Cochiran took ten barrals away, A truck frowm town took the othier bwonty barrols, Wite ness bad eharge of thy wiue-roum, aud 10 ouo was aliowed to enter 1t That duy there were ouly two ompty burrels withont stamps in tho wingerouin, Lo nextday ho found there Mr, rooks, Mr. Iiued, and” Mr, Rudolpb, Store- keeper, Hu found also ton barrels with numgs on, sud the two barrels which Lo Lind loft the night bofore, ‘They woreall ut ou a wagon aud carriod down town’by 3r, Brooks. The stamps on weven of tho ten barrels winch he hnd put on tlis barcels taken IX tuo lectifying-liousa wers tbo same ones found ou tho barrels jn the wine- Juow the uext nlu{. 'f'uo ten bariols thot weut out Uad veen in wince hept, 27, aud the tempotse tura of thuso founil aftorwards waa wura. Cross-cxamined @ Voo two bayrels slluded to a8 left crupty 1 tha wine-room wers it tiure by mistake.” ko hud ensiro churgs of the wise- roval, AN, ¢ L. LOOT, belug ewora, stated that he was a Doputy.Col- fector, and hud beon on dutv bwoscars. Ho kuow Audrew Covlizan by wigate Ioe vitueso NUMBER 1063, balug shown & dosamant, statod it was the dis. thler's bond of 3fv. Cochran, an4 dated April 15, 1836, Mr. Cochrats madn application for por- mirsion to rau a distiliery April 15, 175, A similar notico was dated ‘August, 1475, which staed that his running time was chianged from forty-eight to saventy-twohonrs, Tha bond was signed by Chatles Weinland and Charles J, tiuger, Upon the npproval of bis bond, Jnne 24, 1475, o was allowed Lo commanas aporations a6 a distiller. Deforo tho placa sras occapied by Cocbran It was occuplod a8 s distilters lo the spring of 1874 by Charles J. Singer. Jnly 30, 1433, Mr. Siugor lod bis bond aud ran the dia- tillery wbout six_months, At this point Judgo Doolittle rose to objecs to tla tatroduction of vapers which purported to be tho consent of Liva Bluger and Charlea J, Hloger to the running of the distillery, It was nearls two yoars after this slloged consont that {Jocbran began. After hor cousont stio sald her Interest 10 the pramuses to Charles J, Singerand Jacob Biuger, ‘e liccuss given to Cochran waa glven by the ownera of tho property, and, therefore, the papern offercd were not adm]saibla "Lilo Gonst decidd to sdmit e Court decids mit tho paj an o denca for cartaln purposass. Dapers 13 Tho witnegs, on cross-oxamination, stated that from tho panic of 1873 uhtil June 93, 1875, the disutlory romained unoccupiod, being sworn, sald thiat 6 was iately. Kookkeepse sworn, & at he was latel for i, P, Hutchins & Co. He beg{n July 1and coutiwued wntit Cet. 7. R. P, Hutchins and Thomas L. Wiswall wora sntorosted 10 the rocti- fying houke. “Tho connection between Mr. Iatcuins and Mr. Cochran was that the formor advanced money aud took his prodact, Hutch- Ius took all hin apirita, except a lot of 50 barrels wld to Kilisu Broy. He was prosent whoo An- drow Cochran mads Lia return to the coflection :m?& ‘111: lp;)hcl}lmn 'wu in witness' bande riting. A paper shown to witaess, ortin, to be fignod by Weinland and m...,é’,i".’;u g Mr. Wiswall's * Landwritivg, Jacob Binger's businees _ had been ‘zhnl of ::‘;l’ ling. Witucss Lnew Mra. Biagor, and waa acqualoted with the location of tho dimillery” property. In 1872 bo tirat heard of the distillery. Tho builings woco first leased by Clarles J. Singor for & distillery. He oscn- ‘um $ho promiscs a montn or six weeks. ‘They hon laid vacant until leased to Cochran. Whea shey were cotaploted thoy woro fitted np a8 they now are, for distilling purposes. ‘The machinory used by Charles J. Hinger romained until th buldig was lessed again, the copper works alono belng removed. The bulldiog was woodsn, pactof it beiog threa sturies in haight, similar iu_conatruction to othor distilleres, Witness was sliown a docutment, which stated that Williamson beld s trust-deed for the proverty. Ho said that he held the traste deed for Mrs, Binger, Wwho guve _ her consent _orovious] Mo had known Jacol snd Lva Bitger since the summer or 1967, and bad trapsacted businoss for thom sinoe 1873, 11is transuctions bad bosn moatly i real catste matters, Hia rolations with them wore of a friondly aud contidentisl nature. The papers naca all drawn up st Burke's Hotel, At the time the trost-deod was drawn up thero wors prosong Meayrs. Wiswall, Hutchios, and Jacob Binger, Ars. Siuger's colisent waa obtsined at ber bouss, Sihe fold bim that alis waated him ta look after lier interesta in the mattor. Blio at that time had the notey—four, at $5,000 osch. All tho ine terent e lind was to bold the property ta socure tho paymout of the notes. The ioase was made to Ar. Cochirau to tha latter part of archi. “Fliis closed the case on the part of tho prosse cution. Inthat part of tho caso involving the toaeasion of the coru thero was called to the witueso-stand TOBERT G, ATEVESS, arain-dealer, at No. H2 Muxwoll wtrent. Tlo tes- titied that the load of corn was loaded on the wight of Oct. ¢, It was potinto au Altoo car and closed. Tho corn was shipped to tho Brigh- ton duatillery, Ho next sawthe corn iwonty days nfterwards, when it was returaod to his warébouse. Ho beard that the dintillery waw soized, 170 had recaived no_pay for tho corn, the terms bsiug casl on delivery, [is cusiom was 10 suip tho corn aad gat a_cueck for it o It D, Hutcting’, 1o tobd thr yard-mastor to gab ths coro and soud 1t back. 1o wad luformed that tho corn was in tho possession of tho Governeot, e immodiately filed ap- plication far voturn of thoe corw, and got if twooty days after. [Io wasin the habit of go- ing for payment of corn sLipped in this maunoy on the foliowing day, Ho did nocalcnlute ta #ivo any tiwe, At the tie he sold the cora he hiad o intimation that the distilfers was buaing run illegaity, "Tue oider for the grain bad bous given by Mr, Williamson. 31, H. CURKING, attorney for the Siugars, snid that Lo would Jil at that boiut to 6tato their case. 'l was n cava in which thoy clauned to have au interest &1 the real caiato ou waich tho distitlery was aituace §, and a# to auy corn or bighwinen they had no e terest, Tho case was smply” hat the ground for tho distillery was purchased by Mrs. Singer, aud sbv, with Jacob Weinland, eroctod A building aud leasod it to Chatloa I Siuger, who run it for a fow waolks, not for the purposs of makitg erooked whisky, It wes atuppied after #1x weels, and romamee idle natit Inst Fobruary, when those men who had bocn vamed catno trom Ohio, representing that thoy bad ben distillers, and propoded leasing tno distillory. Tho principsl party was Gndrow Cochrau. The vthers slarted o roctifyiug houss. (ochiran, howover, wus tho party who loased the distillery, anl in a sbort timo it was discovered Dby the owners that tho distillery waa being run innreckluss and illegal mauuer. No ront way pad, and Mr. Wolniand camo up to Chicago to look after tho property. In the wonth of Auguut Jtr. Weinlsnd employed counsel to get thoss partios off frour tho promises. Thoy found a ditiicalty in gettiug thom out, as Weinland was only n fourth ownmer. About the same tima Charles J. Singor found that the men were vol going to pay any reut, and had removed s parl of the personal property and sold it. Tho speake or Lad filod a bili, uudor instructions from Charies J. Singor, to cject the occupauts. There wero several Lions upon tha establishmont, tha loldora of which had sgreed to sottio with the owuers. Thoy wont {o (b officers of the Gove erument and asked thom to clode up tho ostab- lshmoot, Bofora the bill had boen pre. F‘md the distillery waa scizod for aitempt. g to dofrand the Government Ui ontire property waa doclarad forfeitod nad Mr. Sing- or's rights thos oxtlnguished. It wilt bo showe that theso parties desired to have tho property coutircated, 'Thoy had ran tho dwstitlery as long as thoy could, ‘ha beirs wero pressing upou thom. They had_bitter feolings agaiuat the original ownors, It was elaimed by tho proso- cution that aibongh Mrs. Singer had given z traed-deed to Wiliiunson, unou having relin. quished ber proprictacy rights, tho Droperty shouid bo talien from ber, Thhe first witness in this part of tho case was M, GEORAE CHANDLER, ot {hio Jaw flra of Goudy & Chandler. e said that somo tuge 1n Sepieabor List 3ir, Weinland oamn to Lusollics, slowlng tim a leass of tLe distillory proumses to Andraw Cochiran, andg statod that ot 8 eeot lad boou paid. ie re- tuped the witheds to comnmenca su action > rocover pudsassion of the property. That smt was still ponding i the sSuperior Court. v, Weinlaud also camo up agutn 10 tho ity And wantod witnoss to sue Gen, Wobntor abont atopning tha disullery. Bofora d'l\“:‘tlg furthor cauld be dono the distillory way eize MR, CHARLES 'WEH‘LANH was summaned, und stated that bo was tho pars son uamed In tho leaxo to Charles J. Binger, ‘Tno side-track mentioned n{ Provious witnodsecs at the distillory waa ou the ruilroad right ot WaY. 4 O, E. F, RONTAN was called to the witnoss-stamd, and testifled that be held a mochanics' hou upon the distii- lery premises for puttiue in copper wurks iuto the building, Tho swount was §1,472.34, aod tho Shenfl’s ealo_took piace March 13, 1875, Lho parties who bid off tho property wers O, Holmberg, E. $tark, £, F. Ruoyao, and Hotz & Co., of Pittsburg, Yrevions to the eclzura by tho Qovernment he had ealled upon tho Cal- tector in rolation ta the len, At the conclusion of hig testimony the Cour adjourned until thie moruing at 10 o'clock, ———— NELKE AND RUTISHAUSE'R- #AND ELIAY CAME, ¥AYING—" + Can T talk with you a few moments 2" naked a Trisese reportor of Mr, Elina 8hipwan, whom Lie met i tho Tivoll, What way your waldou nawo?” asked Mr. Shipman. ‘' reyorter blushed snd ilmidly confessed Lis snte-nuptial appollation. +I want tu know about this affalr of Alr, Nel- Lo's; haw Lo cuwe to go to Golsen's diatillery Qauger, o.," continued the reporter, Whiat about it 2" - i “Tliero {8 o story (0 the offect that, whea 1/ §1