Chicago Daily Tribune Newspaper, May 13, 1876, Page 5

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THE CHICAGO TRIBUNE: SATURDAY MAY 13, 1876-TWELVE PAGE WHISKY. aymmencement of the Trial of Su- pervisor Munn, {Ir. Ayer Opens for the Prosecu- tion-~What It Is Intended to Prove. yoney Paid to Munn, Irvin, and Wadsworth for Cor- rupt Purposes. . Mr. Hesing Interceding for ‘he Lake Shore Dis- tillery. Col. Ingersoll Begins the Opening Argument for the Defense. suspicious Evidence and Profes- sional Acrimony at Milwaukee. I, Teavenworth’s Important Afide- vit, as Filed at St Louis, CHICAGO. PRELIMINARY. YHE INDICTMENT AND TIE JURY. The Munn trial commenced yesterday morn- ing. Itscemedat one time that there wasa decidedly fair prospect for 2 continuauce, when Col. Ingersoll announced his readiness to pro- ceed uader the joint indictment, and the Gov- ernment insisted on trying the indictment against Munn individually. The matter was ‘arranged, however, the Government, making the concession, and agreeing to take up the Jjoint indictment first. But It was like drawing teeth, except that it took twice as long to get to it. The crowd was a select oue. There was little of the ragtag clement, generally o strongly represented at criminal trials, preseat. Butit was at the same time a comparatively small gathering, confirming the prevailing impression that the general interest in the whisky prosecu- tions has been pretty much satiated. Col. Munn was present before 10 o’clock with his counsel, Col. Ingersoll and Mr. S. K. Dow. Each looked cheerful and confident. The Govern- ment wasonhand in the persons of District- Attorney Bangs, Mr. Ben. F. Ayer, and Mr. Wirt Dexter. The first was prepared to take notes, the others to do the remaining #ork. They sll smiled screnely. ARE YOU READY? At10:10 Judge Blodgett, having disposed of everal civil motions, asked the Government representstives and Mr. Muno's attorneys if they were ready to proceed. There was & gen- pral assent, and Deputy-Marshal Campbell pro- ceeded to call the panei of the jury. Some little time was spent in cilling the jury and arranging the trizl tables, the chiet purpose enthe part of the attorneys seeming to be to crowd thereporters and provide couvenient seats for themselves. At last they had everything to suit themselves, the jury was seated in the box, and Mr. Ayer addressed them on tue nature of the charge 2gainst the defendant, referring to the indictment against Muun alone. UNDER WHICH INDICTMENT? When Mr. Ayer had concluded, Col. Ingersoll paid this indictment was not the one he was pre- xxued to meet. This was the indictment agamst unn alone. The indictment in which he was prepared was that aguinst Munn and Bridges, and that was the one he meant 10 Lr{ Judge Bangs said he had told Col. Ingersoll some time 2go that probably the Munn-Bridges tndictment would be taken up first, but that Last Wednesday it was understuod that the single indictment should be taken up first. At any rate, it was spoken of as the * Munn indictment.” CoL Ingersoll said that was too thin. He had been Jed 1o belicve that the Munn-Bridges in- dictment would come up first, and he !m& never evenread the other. Mr. Ayer said the two indictments charged sbout the same offense, and precisely the same witnesses would testify to the same Incts in the second case as in the first. They were under different sections of the statute, and tbe oniy difference was that in onc Mr, Munn appeared s Supervisor, and in the otherin his private et Col. Ingersoll said he was not ready on the single indictment. In the case of Munnand Bmxgzsk they could not use Bridges for a wit- mess. He was = party to the record, and one of the indicted. But in the case 2gainst Munn in- dividually, they could use Bridges as a witness, and if they were to be tried on this single indict- ment they would want Bridges’ testimony, and also that of Ar. Hoyt. If the Government elected to proceed in this single indictment, Col. Ingersoll said he wanted a few moments to ‘:;};- Ply for a continuance, and he believed he could Batisfy the Cuurt that he should have it. Mr. Ayer said it was the first time he had heard of any misunderstanding between coun- sel. It was true that Bridges would be 8 competent witness on the trial of the eingle indietment, and Hu{t might also be s competent witness. Whether tne defendants had taken any steps to procure the testimony of cither of these witnesses, or that there was any probability that they could be prevailed upon to return to the city, he was not informed. But Le thought the absence of Hoyt was no more reason for the coutinuance of this case :hzin it would be for the continuance of the er. The Court—If it is made to appear that Bridgesis a material witness, whom it“is io- tended to produce on the trial of the single case, and if the defendant was given to_under- stand that the first case tried should be No. 227, Where Bridges is jointly indicted with Munn, of course “the defendant should have some preparation, and the Court might consider there was cause for either coptinuing case, or requiring the prosecention to pro- ceed with the first casg on.the calendar. 1sup- puse we may as well have no conundrums or riddles about this thing. If there bad been no evidence of an understanding, or statement by te connsel as to which one of these cases should be tried firet, I would say the Govern- ment bad 3 right tocall eitherof them. I think Jou bad better proceed with the first case. If they both favolve the same facts; if the ouly is that one the violation of the law while the defendant was an officer and the other while in his individual capacity,—while the first chiarge is, of course, rathermore grave, &%& for the proseeution uI) say whether o ums-lry the first case first. It may involve 1 Col. Ingersoll—I would rather have the case am here for disposed of in some way, and I gudmmxd that Mr. Ayer, from his remarks, olds that case up before us in tetrorem, an ;{g:fic‘i ars .MA}y to try both. I hi;v:h:u flgbt- s eir entering & nol. pros. s ‘e i they want to. i ¥ . Ayer—All my arrangements have been ml}de in'reference u? the msge we desired to try. m;ggs Blodgett—The Court assumes that the 7 ict-Attorney understands both cases. a -Afl—l don’t understand the Court to medde ay ground has been shown fora n:nflnmu of this case. Under those circum- s ces we prefer to go on with a trial of the t indictment. th ME. AYER ien addressed the jury as follows: . change just decided upon does not make chsuge in thé statement, of the case ngces- ::3" This is 2 joint indictment ageinst Munn 2ud Bridges, charging them Jjolutly with con- lfil g With a large number “of rpersnns, dis- lum 20d others, in the City of Chi ), 10 2 raud the United States of the tax imposed fpon a large quantity of epirits to be manu- situred at certain distilleries named in the in- Stment, and the fndictment then proceeds to Ze certain acts committed by some of the mestomg conspiracy to carry out its ob- g, o}iuabmdgf,’ has not put in his ap) earahnace, ¢, be is not upon trial. ‘e have to try Mun singly. ) Mr. THE JURY. 3 él)‘er then izroceedcd to interrogate the E?- he usnal line of questions was ask by Mr. Ayer expressed his satisfaction with &E?m n ngersoll sald that hefore proceeding to Sxamine the jurors he wanted to Biver atasnal uest for the peremptory chrdlenges. lhs: first Judge Blodgett was disposed to think the peremptory challenges on each side '!é:giinma 0 three. 3 ugersoll inetsted on hisright to teo. He flfim enmity of & ot want to perhaps get juror whom he could not &ide might like it, but he didn’t. Finally Judge Blodgett, after consulting the books, told him he guessed he was right, where- upon Col. Ingersoll procecded to eXamine the jury. He nced not have made his plea for ihe ten challenges, for asit turncd out the en- tire twelve were quite satisfactory to himn and his nssociate, as well as to his clicit. The names of the jurors are as follows: Danicl Etmegre, farmer, Oregon, Ogle Coun- tr3 Jotm G Tovusend, gralubiser, Henry Marshall County; N. J. Churchill, Justice of the Peace, Elroy, 5‘“915‘“50“ County; A. O, Tuttle, farmer, Tivoli, Peoria County; Wiliiam V. Plub, coal merchant, Aurors, Kane County; Increase C. Bosenorth, banker, Elgin, Kaie County; Nathanicl Vose, farmer, ~Whitticr, Lake County; Fred N. Woods, farmer, Down- cr's Grove, Du Page County; W. R. Andrus, merchant, Amboy, County; Smith Searles, dealer in fancy goods and millinery, McHenry, J\luuem)é County; Isaac M. Stamcil, farmer, Mount Palatine, Putnam County; James S Taggart, farmer, Ridott, Stcglmnsan County. Mr. West Dexter stated that, in consequence of the change by which the case under the joint indictment was to be tried instead of “that u_'Tvnmst Muun singly, the Government would like a Ifttle time for & somewhat different prep- aration. It was then 11:30, and he said that counsel had agreed in requesting the Court to grant o recess until 2 o'clock, %y which time they would bave completed all thicir uecessary P Countgranted th e Cous ante e request, and, havin, cautioned Lbegfxry to refrain g'ltllmtx’my c{)mmen% on, or ussion of, the case, a recess was taken until 2 o’'dock, TIIE PROSECUTION, OPENING ARGUMENT BY MR. AYER. At 2 o'clock Mr. Ayer addressed the jury for the prosccution. He said that the indietment was founded upon Sce. 54,040 of the Revised Statutes, the provisions of which had beenin force since 1867. The offense charged was that of conspiracy, and there were two counts to the indictment. Counsel here read the indictment, the charges in whichare well koown to the readers of Tae TrisuNE. To make out the case it would be sufficient to show that Mr. Munu conspired with' any oue of the parties named in the indictment; it was not necessary to show conspiracy between them all. If any t rid of. The other overt act had been performed by the de- fendant to s carry o out 9 the * conspir- acy, it & would be ¥ sufficient to secure a conviction. ¥ For several years Mr. Munn had been Sapervisor of the Internal Rey enue District of Illinois, Wisconsin, and Michi- gan. is first appointment was in 1871, by the Sccretary of the Treasury, under the Inw which existed at that time. When the law was changed in 1872 transferring the appointment of such officers to the President by and with the advice and consent of the Senate, the defendant was commissioned by the President to the same oflice, and assigned to the same district. At the time of his original appointment Mr. Munn re- sided at Cairo, in this State, and his headquar- ters were established at that city. He was, how- ever, in the habit of making frequent visits ang spending 3 large portion of lus time in this aty. 1n 187 he removed to Chicago and estublished lis principal oflice and headguarters here. Mr. Bridges, the other person jointly in- dicted with Mr. Munn, was an internal revenue agent appointed to assist the local officers here in the execution of the Internal Revenue law. He occupied an office with Mr. Munn, aud was, in fact, that gentleman’s subordinate, whose duty it was to assist him in performing the funttions of his office. Very large and compre- hensive, }Euwcrs were conferred upon the Super- visor. e had to exereise supervision over all the subordinate officers employed by the Gov- crument in the collection of internal revenue, and efliciency and honesty in the discharge of ihose duties were essentlally requisite. The policy of the National ° Administration was o procure revenue by indircct rather than direct taxes on real and personal property. That system had met with great favor, and one of the principal sources of revenue thus raiscd was, as was well known, by a tax on distilled spirits. In every civilized country a large portion of the revenue was derived from that source; it was everywhere considered one of the most legiti- waté objects of taxation. It was ‘a just impo- sition, and, if the law was bonestly sdministercd, au effectudl mesns of raising revenue. From this source alone the United States Government obtained between $50,000,000 and $G0,000,- 000 per anpuw, and it, of course, dimin- ished to this extent the revenue which it would be otherwise necessury to raise from other sources. For the purpose of securing the collection of this money und enabling the rev- enue oflicers more easily to detect any frauds that might be perpetrated, very s m‘;feur, rules and regulations had beeu established for the management and conduct of distilleries. Mr. Aver then gave a careful and complete analysis ts of the law governing the distillation of spi and the dutics of the revenue nihcrrsbwmuh if not understood by the general public by this time never will be. _The niethods™ by which dis- tillers haye defrauded the Government were then fully explained, together with the steps taken in Muy, 1875, to ferrct out the extensive frauds which had been comnmitted iu Chicago, St. Louis, and Milwaukeg. The op- erations of the Grand Jury after the first ures were also gone into at length. In 1873 it Dbecame 2 matter of notoriety all over the coun- 1ry that extensive frauds had been perpetrated, and the market was flooded with a lurge quanti- ty of fllicit spirits. In Dccember last, after the dunvictions at St. Louis, the INDICTED DISTILLERS AND RECTIFIERS BECAME GNEASY, and concluded that the best thing they could do was to mukeaclean breast of their frauds. From their _disclosures it was evident that every distillery aud rectifying-house in the ciiy, with ihe exception of ome, was in the Ring, as well asa large corps of revenue officers and prominent local politicizns. What course should be pursued was then considercd by the L)rosr:cufing officers of the Government. The object of the Govern- ment had been to ferret out and cxpose the frauds in their full length and breadth, to get at the bottom facts, and to bring the offenders %o justice. The District-Attorficy thought it his duty to pay some heed to thie information. Accordingly Mo January enother Graud Jury Was summoned, and upon the strength of their fuivestigations the remaining distilierics webe seized, and the proprietors indicted. Mr. Ayer then gave the Fmiuulm connected with the indictment of Mesers. Hesing, Rehm, etc., aud proceeded to say that the evidence would thow that the frauds were practiced by nine out of ten of the distillers of Chicago constantly, persistently, and almost openly, and that among the fifty éwgers and Storekeepers in the city there were not above one or two who were honest and trust- worthy men—the rest were all in the Ring, and connivedat the frands. AH there bouses were running over with the “crooked,” and it Would have been impossible for the supervision during the time the Ring was in_operation to have visited one of them without detecting the frauds. There would not only be direct aud pos- itive testimony that defendant was cognizant of the frauds, and was paid thousands of dollars for consenting to their perpetration, but circum- stantial evidence to corroborate this evidence in the strongest and most satisfactory manner. The evidence would cover tle entire period from the spring of 1572 down to May, 1875, and would sgow the INTIMATE CONNECTION OF THE RING WITH THE OFFICIALS charged with the coilection of the revenue. It would appear that Jake Rehm was used consid- erably pacify the officers with m.oneg when they scowled on the frauds. Earlyin the year named scveral distillers complained to “Mr. Rehm that the Blackhawk was running crooked, and requested him to use his influence to stop it. _To this _end he called upon Mr. Irvin, who affected not to put much fuith in his representations. However, at Rehm’s request o e in the Storelecper at the disti made. A short time after this, Mr. Hesing Tichm in behalf of Miller & Reed, of the Black- hawk, represented that large quantities of il- Helt spirits were being manufactured elsewhere, and that it was impossible for 8. distillery to do an honest business long. Mr. Hesing intimated that his clients were wfiung to pay $300 a month for the privilege of not being interfered with. Rehm meéntioned the proposition to the Col- lector, who at once closed with {t, and an un- derstanding was arrived at that the Blackhawk Distillery was to carry on business in its own Way, the price of the privilege being pald over by Ream to 3r.Irvin. Shortly after thisarrangement was consummated. Mr. Hesing proposed o similar arrangement with regard to the Lake Shore Distillery, which was also entered into. A vigilant oflicer, the counscl contended, would hav it in his power to break up such a com- bination as existed, but there seemed no desire on the part of those bigh in oftice here to stop the illegnl business. After a while "MUNN WAS SOUNDED BY RERM, = and he entered into the Ring, Mr. Bridges taking the money and dividing it with him. One man was kept in the department who was used to coerce psyment when it was suspected the assessment of any distillery was not an lionest one; and it would also beshown that Mr. Rehn had entire charge and control of thic sub- ordinate officers of the United States in Ch['%u, Whenever a distiller wished to have o purticular Gauger or Storekeeper assigned to his cstablish- ment, application was made to Rebm, who gen- erally brought about the desired urrapgement. If a revenue agent wes. © visit the city for the purpose of inspection, the distillers z-oum re- ceive ample notice from Mr. Rehm, to enable them to slmighten us. This information ‘was communieated to Jake by Mr. Bridges Munn’s subordinate; and in fact when the Su%en‘ism' himsclf was to visit a glncc, the fact was always communicated cforchand to the distiller. * There were, how- ever, special facts connected with the defend- ant. en Golsen & Eastman madc a mistake in shipping some spirits to Pittsburg and the authorities at Washington called attention to the circumstance, Munn inspected the books of their establishment and found transparent evidence of fraud, and took no official action in regard thercto. In 1875 the defendant also visited Rocelle & Junker's place, and found fifteen to twenty cmpty:b:u'nSfi with uneanceled stamps on. A" thousand dollars on his oe- casion pacified Munn’s official .temper. This money wasgpaid direct to Munn, who requested Rehm not to mention the fact to Bridges. Messrs. Wadsworth and Hoyt also divided money for similar services. It was unnecessar for the defensc to say that these men were equal- 1y guilty. That was perfectly true,and their cases would be treated at another time. The Court had waited until this time in order to as- certain the full facts, thut it might apportion punishment {o the parties 2ccording to their deserts. The question for the jury to consider at present was whether the defendant was guilty of the charges preferred against Lim. To a Jarge extent the evidence would come from per- sous_who had been engagedin the Wh{{‘i‘\y frauds. They were, however, competent wit- nesses, and the jury could determine, after hearing their testimony, what degree of creduli- ty could justly be at ed to it. THE DEFENSE. COL. TNGERSOLL'S REMARKS, When Mr. Ayer bud concluded his address, Col. Ingersoll arose, and had gotten as far as “Gentlemen of the jury,” when Judge Blodgett asked him if he had not Dbetter postpone his statement until the morning. Col. Ingersoll s2id he thought he was composed enough to go on, and that he would like to do so until the time for adjournment. The Court nodded con- sent, and at 4:05 Col. Ingersoll launched out. Gentlemen of the jury,” said Le, “as far ag the facts, or what pretend to be the facts, are concerned, you and I are on the same footing. You have heard the statement made by the attor- ney for the prosecution. Iunever heard it before. I never kuew until now what they intended to prove, or what they claimed they could prove in this case. The indictment you have heard read in the first count states that the defendant con- spired to defraud the revenue of the United States of the tax on 1,000,000 gallons of high- wines. The second count is that he combined, and confederated, and conspired with certain persons to defraud the Government of the tax on another certain number of gallons of high- wines. The third count is that he couspired with sun partics s#@ rcmove from cer- tain ¢ distilleries certain quantitics of spirits without having paid the tax. The reading of the indictment afforded no knowledge to the defendant. The reading of this indictment did not give the defendant the least idea of what the case of the People was against him, s0 that we were absolutely in the dark. We did not know what they were going to try to prove. We did not know what witnesses were about to be called. We had not the slightest idea of what we were to be called upon to defend. It Lias been one of the pringi- pal troubles I have had in_this case—imatrining what would be brought against this defendant. THE DEFENDANT TOLD ME— and you may ssy that is what all defendants may say to their lawyers, and that is purtly true and partly false—he told me that he wis en- tirely innocent. Says I, ¢ Have yon never dealt in anything? Iiant to know what, in all probu- bility, you wiil be charged with. ' I want some initial point to start from. 1want some place to begin 50 that I can see what this evidence means.” Hesaid, “You know as well asIdo where to begin.’? I believed thut there wasa conspiracy in the City of Chicago to defraud the Government_of the United States. I belie ed it. I didn't know it. These gentle- men probably do, because the conspirators are upon their side, and mix amd mingle in their de- liggmtluu: and councils, 'The conspirators and thieves are not with us. The defendant in this case has not had the advantage of the informo- tion to be proved through these gentlemen who bave connected with them perjured thieves and scoundrels. All these_gentlemen have given their services to the United States of America. Consequently we could not get them. We could not get at a Solitary thief without/going to the Government. We could not go to 2 solitary erson that had to com- mit perjury without infringing upon the ground of these gentlemen. Sol aid to my elient: “ Yon don’t want any trial. I Iwas indicted under the circumstances, 1 wouldn't want a trial, whether 1 was yuilty or innocent.” Gencrally, gentlemen, I would suy that a court of justice’is o place in’ which {nnoeence should feel as valor behind a shield of triple brass. But there are cases, and there are times, when erime can go brazenly into a court of justice and INNOCENCE WALES TREMBLINGLY THRERE! Whenever the public mind is excited, when- ever the people at large believe, as it were, o certain way, and when the tide swells, and the wave has set in one direction, now and then there may come o time when it is dangerous for ‘an innocent man to enter the temples of justice. 1 admit that it is a terrible thing for that to be true, because, if there should b, or if there is, 2 holy place bencath the stars, it isin a court wherd justice is done between man and man, My clicnt has said he wanted a tril. A DIVERSION. Mr. Wirt Dexter—If it pleases the Court, ‘how far shall statements be made that it is not roposed , to prove—private conversations etween ~counscl and client, ete. simply ask the Court to lay down @ rale pow and have the brother follow it, and T will try and observe it when I close the case, The Court—I don’t think soything has been said yet that has beeu improper. Col. Ingersoll—I will prove this when rove what Mr. Bristow ssid and what Yiris!.o\\' thought in this case. [Laughter.] 3Ir. Dexter—That is no reply to ue, becsuse I have said xmtw about that. ou Ir. Col. Ingersoll—Not you but your side. There doesn’t live in this city s lawyer bright or eloquent enough _ to make idiots of twelve good snd honest men. I am pot afraid of the closing. Now, these gentlemen have developed their scheme, their case, and Judge Ayer, with great ‘chemical minuteness—- Mr. Ayer—All but the Judge. Col. Ingersol~I meant mno disrespect. [Longbter] 3r dver s developed and escribed with great ininutencss THE VARIOUS DUTIES THAT DEVOLVE UPON DIS- TILLEKS, Gaugers, Storekeepers, rectifyers, wholesale dealers, and the various officers employed by the Government to prevent and deteet fraud. 1 thank Mr. Ayerfor doing it. Andafter having Jistened to thé sections of the statute which he read, pointing out what a distiller must do at sunrise, at 12 o'clock (meridian), and at sunset; that he must find out the dry inches in a tub and the wet inches in a tub; just when this onc ‘began to work, aud the cxact gravity of the tub at 13 noon; and then how tie pipes should be connected and the cocks scaled, the cisterns taade perfeet, and cverything of this kind,—you heard it all,—I made up my mind that these at- torneys in this city would not run a distillery two weeks without E'lélfl.ug in the Penitentiary, unpless yom ¢ make o ain for- immunity. I dom’t belicve ~ it is bardly within the power of man to start o distilling cstablishment and cowply in every particular with that law. He must kecp an account of every particle of fuel he buys, of all the oats, corn, malt, and meal. He must keep 2 list of every man employed in his estab- lishment, and show what that man does, and ‘here that man lives. What were THE DUTIES OF TIIS DEFENDANT ? You have heard all these sections of the stat- ute read—enough to make aman dxu{ contem- Dlating going nto that business. 3fr. Muun, the defendant, had g district to look after, com- sing three States. He was to be-in Michigan, Wiscousin, and Hlnois. Now, what were his duties? To look af- ter -mll the oflicers—the Collcctors, the Depaty Collectors, the Storekecpers, Gaugers, and Revenue Agents. What _else Al of the rectifying establishments. _What eles—and it was per?ccUy awazing to me that my friend left anything out? All'the brewers. at else? All the retail liquor establishments. What else? All the tobacco establishments. Well, it e ext camne within the scope of his duty! Let usseo what hedid. There were between forty and fifty distilleries in this district, and ‘each distillery ought to have done exactly what Sir. Ayer has described, and accord fng to. Mr. Ayer it was the duty of the defendant to look after every onc of them. What clse? Fifty distileries 500 or 600 rectifying establishmeats, sbout 1,500 Wwholesale cstablishments, that the entleman With the eyes of Argus, bad to louk after. What else? About 50 or 60 breweries, about 10,000 retadl establishments. Whfl'i:tx:?'ei About £,000 bucco and cigar establishmen ¥, S °hf{nl:s than are used by the recording an to keep an account of 3 blv'xgiuesl dmgc Sngtlb'esc _days at 1,500 wholesale liquor ecstablishments, 500 or G0 rectifying Lonses, 50 distilleries, 60 breweries, 10,000 ref e iibments and 18,000 or 0,000 tobaceo and Gizar cstablisbments. ‘That being his duty, tliose gentlemen propose to Lold biu responsible for any frauds happening in his district, and they sdy that in addition to all this theyhave got DIRECT, POSITIVE PROOF. Gentlemen, do you believe that they would Tiave gone to all this trouble of showing you ex- actly what had to be done in each distillery, in each rectifying_establishment, if they had an confidence in_their evidence that wé receivel money dircetly, knowing that it was for a base and frandulent purpose? The Court—Col. Ingersol], the time for ad- Journment hias now come. Col. Ingersoll—Well, but don’t forget what I have sald to you, gentlemen. [Laughiter.} The Court” again cautioned the jury, and or- dered an adjournment till 10 o’clock this morn- ing, when Col. Ingersoll will go on with his opening remarks. They will probably extend into the afternoon, but it is L&“ltc probable that the testimony will be reached before the day is over. ELSEWHERE. MILWAUKEE. JONAS, GOLDBERG, AND CROSBY. Swectat Dispuich to The Tribune. MILWAUKEE, May 12.—Leopold Wirth was re- called, and testified that he did not remember the conversation at the interview fn Mr. Mur- phy’s office, or uny part of it. On every point on which he was questioned, witness had no recollection. Same in cross-cxaminetion. FRED GRIMM'S EXAMINATION was resumed. He testified that he saw Wirth in Mr. Murphy’s office Feb. 21 last. Wirth was asked what there was in this charge, and an- swered that, according to his recollection, there was no conspiraey to steal papers or books or destroy them. He remembered it because he took notes, und wrote a communication on the subject to the Staats-Zeitung, Wirth also said, speaking of Jonas, that he (Jonas) was as inno- cent as a child, ELIAS SIITMAN was reealled, and testified as to the same con- versation in detail, confirming the statement made by the previous witness. ~In addition, he said he did not know where Crosby was at the moment of speaking, but thought he bad not absconded, and that witness could find him if he tried. . Could not give information that would lead to the discovery of his whercabouts. LOUIS M. COLEN, OF DETROIT, was the next witness. He testified that he was at the Tivoli, in Chicago, at the interview thut Louis Kindskope referred to in his evidence, and leard the couversation thereat. Jonas asked him to do so, before the mecting took place. The party talked continuously for about tweuty. minutes on the eubject of this conspiracy. Rindskopf, in about the middie of the conversation, asked, ** Who is that man?? pointing to_the wilness. ' Goldberg answered: * How should I know " The witness went to the bar, but came back and took a chair in a dif- fercut place, where he was able to hear still bet- ter. Heard Louis say to Goldberg that McKin- ney had sent him (Lous) to sec him (Goldberg), and then be added in substance that MeKinney had told him it was not him or Crosby uor Jonas that was wanted, but Hedrick, and if be (Goldberg) would come up and fes- tify uinst Hedrick, the " case agalnst him (Jonas) and Crosby would be digmissed. Goldberg said he knew nothing aguinst Hedrick. Rindskopf told him TIOAT WOULD JMAKE NO DIFFEREKCE, but to come on and swear to what he told bim, aud he would be all right. Goldberg said that would be perjury. Louis said that wouldn't make any differcuce; that he (Louis) had eom- mitted perjury over and ovor ugain, and that it was nothing; and he added: ¢ What is Jonas or Hedrick to you!” Witness #lso heard hiin say it was Hedrick, Phil Wadsworth, and Jake Rehm they were after; _didn’t hear him say anything about Farwell or Logan. RindsKopf said to Geldberg: “You wust protcet yourself; you have o fumily to take care of, and you are poor.” He asked wiicre Crosby was, and sald he wanted him. Goldberg said, if Louis would produce a letter from McKinney screening Crosby from qrusccuuon, he would find out and bring him to Milwaukee. Louis said he thought TE COULDN'T DO THAT, but Goldberg must find™ Crosby and tele- graph to him (Rindskopf). Witness tes- tiled at considerable "length on these points, most of the cvidence _ being inere repetition, and to the effect that Farwell and Rehm were to be reached through Gold- berg, and McKinney knew Goldberg could not testify truthfully against any of these gj&rfles, but, that made no difference, and if he did tes- tify it would be all right, and he would not be trie In cross-cxamination by Mr. McKinney, the witness gave o history of his life, and said he waorked in this case out of friendship for Jonas. Made potes of the conversation above reported. Here there took place A VIOLENT EXPLOSION, on account of McKinney asking defendant if he was a Jew, framing his question in such o way _as to rousc the indignation of counsel for the defense. Mr. Murphey denounced the line of cross-ex- antination as petty, unmanly, and dishonorable. “The Court said he was not satisfied yet wiicth- er the question denounced was 1material or not. Mr. Murphey said he could uot satisfy the Court unless hie was permitted to proceed; if he gould not beheard, of course he would sit down. 3r. McKinuey made an explauation of the object of bis question. "Bol. Goodwan would not abject to the ques- tion if it had been put with an_honest purpose, but it was put in a covert way for an improper purpose, aud was AN INSULT TO A COURT OF JUSTICE. The Court here impressively said the counsel had better proceed with the case in the ordinary way. Col. Goodwin rather tartly edmitted he thought so too. Mr. Murphcy, being fnvited by the Court to proceed with his argument, said the question put by McKinney was objected to because it was an artful attempt to appeal to the prejudices that are SOMETIMES RAMPANT IN COMMUNITIES AGAINST JEWS. That was the only objection they had to the question. Mr. McKinney then asked witness if he was ashamed of being a Jev, to which he Krumptly replied Le was proud of it; but here the Court expressed disapproval of this style of examina- tion, and, a5 counsel on botk sides were evidently preparing to flare up again, McKinney decided to end the examination, and witness wes allowed to depart. ALD. MAIR, OF CHICAGO, testified that he held a position in° Chicago as Alderman up to last Monday, bat held no posi- tion siee; kmew Ald. Jonas; came up With Jonas and Goldberg when they were arrested under this indictment. Louis’ Rindskopf was on board that train—or at least the witness was 50 informed ; witness is not a Jew; left Chieago at 5 and arrived here at 8:30, on the Northwest- ern; went to the Marshal’s house on ar- rival, and thence to the Newhall House. Shipman was with the party; had scen the mun who, he understood, was Louis Rindskop! at the Costom-House yesterday. It was same man he understood wos Louis Rindskop! on the train; heard Rindskopf talk- ing with Shipmsn at the Newhall House; did pot hear him say anything about haviug been before the Grand Jur{‘e ‘The question, did hear Louis Rindskopf say anything on the subject of assisting Gold- berg, or any of the defendants, to obtain bail, was objectéd to and objection overruled. ‘Fhe witness did hear him speak on the sub- ject; heard Rindskopf ssy something to the effect that it was NOT THE DEPENDANTS, BUT HEDRICK, that they were after. On cross-examin:stion, the witness said he did not hear this remark about Hedrick at the New- Fall House or at the Court, but in some place not referred to in the evidence for the prosceu- tion, and the testimony was, after o singularly- keen legal fight, ruled out. W. W. REGAN, A HACKMAX, OF CHICAGO, Wag the nest witness. He heard Jonas mfldng to Rindskopf obomt mouey, but whaty with _words ruled out and words ruled in, aud what witness heard himself, and what witness was not sure he heard, it is rather difficalt to_inform the readers of ToE ‘TRIBUNE just pru(isd! ‘what the gentleman did or did not hear. Sandwiched between the ques- tious were fine bits of personal controversy be- tween counsel, just on the border-land of warm temper, but interspersed with glimpses of good humor. .In the midst of all ZEB, ¢ Court ad- Jjourned. 2 APTERNOON. William J. McGon’iglle, 2 detective, of Chica- Oohtcststlfied that he had heard Rlndskc:r(‘sny if he had gone before the Grand Jury and given information he must have committed perjurys that he had not been before the Grand Jury; never heard of such 2 proposition as stealing or destroying these records; that Jonas was an in- nocent man, and he knew him to be so; _that he heard 2 conversation between Rindskopf, Jonas, Shipman, and others, when Rindskopt said it was not defendants, but Hedrick, they were af- ter, and that they wonld try and get bail for them; saw defendants, Rindskopf, und witness Coben at the Tivoli; Cohen was sitting near the others. Redirect—Jonas told witness he had sent Co- hen to the Tivoll, as he wanted to find out what Rindskopf had to say to Goldberg, AND HE HAD TO LOOK OGT PRETTY SHARP FOR HIMSELT, becanse the Milwaukee men were trying to put up & jobon hlm' M'KISKEY HIMSELF was next sworn. Of the preliinarics ha test- -on Washington ovenue at once. fiod that be belleved there havs been special assessments against Louis Rindskopf; don’t Lnow if it svas over $50,000. The question, had he given s promise of partial immunity to Louis Rindskop!, was objected to by Judge Dixon on mt}:dgruuud of privilege. [urphy asked why. Dixon snid because, if everything done by the Government was dragged from the prosecation, no counscl would ever undertake sucha prosecu- tion. He could satisfy the Court as to the pro- priety of the prosecution. Murphy had pever heard suthority for snch a proposition or reason. He stated the law of rivilege 4s between counsel aud client, show- ng where it differcd from privilege as between counsel and Government. He usserted that these criminal cases have resolved into this— that whisky men found guilly must GO TO STATE'S PRISON OL FURNISH A SUBSTI- TUTE, and Rindskopf had devoted the latter part of his life to saving himself and furnishing the Government with substitutes. Finally, Dixon withdrew his objection, and McKinney answer- ed that not onc word or syllable of such a promise had ever been made by bim or anyone else with his knowledze. e had never prowm- ised that himself or Dixon ‘would recommend Rindekop! to the mercy of the Court. ‘SME“""I"’Y then asked: *“What did you prom- 1 Judge Dixon objected, stating that counsel was going on to ask questions nct contemplated when be withdrew his objection. The defense . HAD KO RIGHT 7 to put counsel in the Government prosecution on the witness-stand. m'lxlue Cowrt was Inclined to agree with Judge on Murphy wanted to know whether the Court ‘would not have required aw’ borities if the ques- tion had been raised by their side. The Court said he thought the authoritics would be best in this case. Goodwin said the prosecution was compclled to describe everything ut St. Louls. After a lengthy argument the Court requested the au- thorities in the morning, and examivation of this witness was postponed. JOHN ST. CLAIR CLEVELAND, MAYOR'S SECRE- TARY, of Chicago, testified to Jonas’ character. He had known him nine years. Herea fight asto the extent the witness might be permitted to testify to general character. Murpby offered to show Jonas to be distin- guished for charitable actions above the average éven'of good citizens. F There” were strong objections and a legal fight. Authorities were cited, in the midst of which adjournment ensued. v S8T. LOUIS. MRS, LEAVENWORTI’S BOMBSIZLL. Spectal Dispatch to The Tribune. 87 Louis, May 12.—McKee's friends were very hopeful last night that he would escape the imprisonment part of Lis sentence, but the de- velopments of to-day are of 5o serious a char- acter a8 to make Exccutive interference exceed- ingly improbable. 3cKee was convicted main- Iy upon the testimony of Fitzroy, the second paymaster of the Ring, who testificd to paying over $#30 to McKee on one occasion. McKee's chicf claim for clemecy was the fact that Fitz- roy's was the_only testimony that connected hiin with the Ring, aud that, a5 Fitzroy was un infamous witness, his _evidence should not be taken as conclusive. The following aflidavit bue, howerer, thrown _ ADDITIONAL LIGHT on the subject. It was filed to-day with the Clerk of the United States District Court, and u copy forwarded to President Grant: ¥annie M. Leavenworth, of lawfal age, being oroduced, sworn, and examined. deposeth znd eaith as follows: I reside at No. 1521 Olive street, in this city, and Lave Jived in St. Louis all my life. Johin Leavénworth was my husband. We were married in St. Lonis on the 3d day of June, 1862, He died Jume 3, 1878. I have met William McKee occasionally during the last six years. I have seen him at the residence of my busband in bis lifetime us muny as three or four times. These visits were made to the house by him in the years 1871 8nd 1872. When Le came to the house IE ALWAYS CAME ALONE. Taleo know Conduce G. Mcgrue. Imet him first in 1871, in the summer of that year. I have seen him at our residence Kcrhnps Eixor seven times. In 1871 my hueband firet told me of the or- emlznl(on of what is now known as the Whisky Ring. He told me thatit was orgunized for political purpoges, and I know, of my knowl- cdge, thatmy husband spent. a large amount of ‘money for this purpose. 1 learned from him that the nwncg collected from the distillers was distrib- uted at the oflice of the Supervisor, and certain amounts or packages given to him to deliver to cer- tain partics. He frequently BLOUGHT LARGE AMOUNTS OF MONBY . to the house with him. This wus done on Satar- days, and the mnne]y wonld frequently remain in" the house until Monday morning, when it would be taken away . by my husband. I ‘bave secn my husband frequently count the money and Rlnon it in envelopes murked ** William Me- Kee." Iamunsble to state the number of tivies I saw thisdoae,” but it was 8 weekly occarrence, or nearly so. Ilemay have distributed it on some oc- casions before coming home. 1 have secn him have AS MUCH AS $7,000 at a time in the house. On one oceasion,—I think 11872, —after the money had been placed in the package and marked **William McKee,” I went in company with my husband to the house of Wiliiam lchee, on Washington avenuc. 1 stopped on the pavement opposite the honse, and my husband marked o me to wait until he delivered the package. 1 saw him go tothe doorand deliver the package, to Whom I am not_able to suy, as I did not sce the party who received ft. He told me that his in- stractions were to deliver BITHER TO M'KEE NIMSELF OR HIS WIPE. On onc oceasion, ufter tea, McKee came to our house and asked for my husband. Zebulon Leavenworth admitted im when he came in. 7y He secmed be _very careful that Bomie one would know it, nd spoke in 2 tone Durely sbove a whisper, and said: **H-u-s-h!™ ie was afraid to have his name announced. Twas on the steps at the time and coming u stoirs, and remember the occurrence very > tinctly. Ishould eay that the amount paid by wy lusband to McKee during the ‘time that Maguire was here ranged from $500 to $1,000 per week. 1t was my understanding that Mg, FORD BECEIVED HIS PORIION THROUGH M'KEE. 1 heve secn my husband and Mr. McKee together frequently on the strect. They often walked up the street together in the evening. It will be remembered that John Leaven- worth was the original disburser of the Ring proceeds. Mrs. Leavenworth is well known in this city, and is of irrcproachable character. HER INCENTIVE for making this statement at this time is the fact that her brother-in-law, Zebulon Leaven- worth, is one of the untried indicted Storekeep- ers, and it is s\fl) sed she furnishes this test mony against tended ” to her Leavenworth’s case, set for trial to-duy, was indefinitely postponed. District-Attorne; Dyer refused to sign the recommendation for a commutation of sentence which Pierrcpont sent Dim, and expressed Limself displeased at Pierre- pont's ofliciousness in the matter. Mrs. Leav- enworth has delivered to District-Attorney Dyer a number of notes and_letters written by Me- Kee to her husband. The following is ONE OF THEM: Deg. 20, 1675.—Dran Jonx: Come tomy house T want to sce you on_matters, of mportance to-night. To JOHN LEAVENWORTH. Wx. McERE. it HESING. JUESSEN MAKISG INQUIRIES. Special Dispatch o The Tribune. ‘WASHING1ON, D. C., May 12.—Edmund Jues- sen, of Chicago, is here on his way to the Liberal Convention in New York Monday. He hasim- proved his opportunity to look over the ground in behalf of his client, Hesing, but received no assurances from Sccretary Bristow, or any other authorities, relative to” a compromise in the Hesing case. There does not seen to be any Eossibxlity of any compromise in that orin any hicago case. ¢ Government officers insist that toe cvidence nst those who have not fils‘haded guilty, and’ which has not been pub- ed, is very strong. Hibernian Harmony. In the recent riot at Limerick between Home- Rulers and_Nationalists, after_the streets had been stained with_blood, Mr. Butt, when quiet had been restored, delivered an address,"in which he expressed pride in the triumphant re- ception given to him, as proving that no violence would niar or dissension disturb the councils of Ircland in its path to freedom. . BUSINESS NOTICES. Full_of Danger!—Never Laugh at a Cold in the Head, Sore Throat, or Pain in the Luogs. Just such*¢little ailments™ are premonitory of Consumption ond Death, and Wishart's Pine Tree o Coria] ia the only Remedy that can thoroughly, Core all Pulmonary Complaints by purifying the Blood! Millions of Bottles of Burnctt’s Cocoaine have been sold during the last twenty years, and the public bave rendered the verdict R AT Dest hair-dressing in the world. 3 : ——————— k Valuable and Reliable—*Brown's Bron- chial Troches ™ gre invaluable to those e: ed to sndden changes, afording prompt relief in Congha, Colds, cte. i PROFESSIONA AND FISTULA positively cured without pain or the nseofknlil& ifgature. or caustic. A SU. CUREOR NO PAY. Consulta- tions free. Dr. J.B.C. PRILLIPS, 107 & 189 Madison-st. , Chicago. -trimmmed, for $10 and $12, CLOTHING. We Have Rewed VITHIN THE LAST FEW GATS LargeAdditions TO OUR ALREADY il : PU RCHfiASER'S Flegant Assorfment OF TEE LATEST & HOSY STTLISH GARMENTS Men's & Boys' WEAR, ALL OUR 0WN MANUFACTURE, AND PRIGES WARRANTED T ACTUAL obbers’ Rates, } CHALLENGE COFPETITION. BROTEERS. Parasols, Trim. - mings, Fans, &c. An immense stock of the NOV- ELTY CANOPY DRESS PARA-~ SOLS, in all the stylish colors, with superb handles. Sun Umbrellas - ‘With handlesin every conceivable design; Heavy Twilled Silk in === inch, 16, 18, 20, 22, 24, for $1.75, 22, $2.25, $2.75, $3. . . Trimmings. Black Silk Fringes, an unusual! large assortment; Mess Trim-' mings, Lacing Cord, with Tassels to match; and all the specialties- in Dress Trimmings, at our usuab. low prices. z Fin_e—F;,ns. Novelties in Flirtation, Russia. Leather, Ivory, Pearl, and Real Shell. Ten case Japanese Fans at 5c, 8c, 12 1-2¢, 20c, and up, worth double. Trimming Braids, all widths and colors. Buttons every shade,style, and size. Soaps, Perfumes, Brush= es, etc. Guaranteed in price one- third lower than can be found elsewhere. Millinery. Hats and Bonnetsjin Straw, Chip, Hair, and Fancy Braid, Tus= can, Satin Shell, Etc., in all the latest novel shapes. Stylesrecherche and distinguine Trimmed Bonnets and Round Hats, Flowers, Feathers, ‘Wings, and Leading Clothiers, State and Madison-sts. Kovelfiesreceivgfififzs; CLOAKS AND SUITS. Tegalng Faris modists: ; 121 & 123 State-st. Cloakand Suit Dep’t. | ——=== CARSON, PIRIE & CO., Madison and Peoria-sts, SH FIELD, LEITER é& CO. CALT, SPECIAL ATTENTION TO LARGE REDUCTIONS IN 3. il \ ' Spring & Summer Shawls Frenchand British Fine Cash- mere Shawls, in elegant and choice designs. Plain Brocade Stripes and Plaids, new and elegané shades. (ASTMERE AND DRAP D'ETE CLOAKS A handsome Cloak for $4.50 and $5, Cushmere Cloaks, tringefi‘_ wiih%mce and Braid, $6. ]d{xch and Stylish Cloaks, Silk trimmed, $7.50 and $8. Drap d'Ete Cloaks, trimmed with Moss trim- ming 2nd Frieze. $9 and $10. An elegant line of Fine Cloaks for $12 and $14. never before sold for less than $18 and p20, A fa!l line of Black Silk Cloaks for $15,$18, and $20—very cheap. LADIES SUITS, A beantifnl Stuff Suit, in three pieces, nicely ro;—l .%? e t}’;{:‘;fl;f“‘“ Suit, in three pieces, | Lerge agsortment of Domestio Poplin Suits in two colors, knife plaiting and Shawls, best make! unprece~ cording, $18 and $20, worth $25 and $30. dented bargains! and a An elegzant line of Silk Suits, very cheap, JOoB L.OT Overskirts and Jackets from $3 upward, Suitable for Tmmediate Wears: Extraordinary Cheap! STATE & WASHINGTON-SIS. . o Herr Rosenthal, late of Berlin, is Superintendent of designing and manufacturing in our Cloak and Suit Dept., and will guarantee a fit in every instance. fWest Fud Dry Goods Houss, HOSIERY. TAILORING. Fine Hosiery! Ladies will find in this Dep't a hundred different styles in every conceivable shade, Plain snd Fancy, Gored, Olocked, Sandal Tace, Transparent Brodeguin, Emb'd Steeple Tops, Plaiflg, ard Half Perpendicular, in Silk, Lisle, Balbriggan, and Pure Surat Cotton, - These inolude the fashionable shades of Citron, Maize, Ceil, Pink, Mauve, (ardinal, Sky Blue, Ecru, Prune, Slate, and Black, We offer to close a bargain in Pearl Silk Hose at $2.50, and a choice lot of heavy Silk at $3.50, worth double. Also, richly emb'd Pink and Blue at £6.50, reduced from. $10, and a case of extra quality: Balbrig- gan at 46 cts, or $5 per dozen—a 7Ture burgain. Children's Fancy Striped, full regular mads, at 25 cta,, well worih 50 cts,, and an equal bargain at 50 ots/in better s MEROHANT TATLORS, 30 MONROE-STS Our customers in the country say hold on to my measure 50 I can duplicate my orders My Shirts look well, wear well, and fit wells HARRIS & COBB, 171 SOUTH CLARK.ST. XLAES. NEVER! Were we 30 well prepared as now to furnish our customers and the public with everything pertaln- ing to Gentlemen's Headdreas. BREWSTER, HATTER, ' N. W. cor. Clark and Madison-sts. %%M. Goésage e JAN PEBBLE SPECTACLES State-st=~Washington-st. ™ BRAZILIAS Satton e o1l S5 by Inspection a1 AN Optician, 58 Madison-st. (Tribune

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