Standard Oil Company; Trusts, Industrial -- United States
June 8th the judge of the United States Court in Chicago quashed the
Federal indictment, on the ground that it is not a crime under any of
the United States laws for an internal-revenue officer to set fire to
a distillery of his own volition and impulse, and that it is not a
crime against the United States for another person to bribe him to do
such an act. He held that the offender could be punished only through
the State courts. The United States had property in the distillery
to the extent of $800,000 due for taxes, which was a legal lien on
the property; but the United States District Attorney and the judge
could find no Federal law under which, for the gauger to destroy this
property of the United States, or for the Whiskey Trust to bribe him
to do so, it was a crime. When the indictments framed by the State
Attorney of Chicago came before the State courts, three of the four
were found defective and were quashed. The Chicago correspondent of
the New York _World_ telegraphed that he had been told by the State
Attorney, at the time the Federal proceedings were quashed, that of his
four indictments he relied most upon that for conspiracy; "but in court
yesterday the State Attorney let the charge of conspiracy fall to the
ground because, as he said, there was not evidence enough to secure a
conviction."
"We haven't the evidence of the gauger; I don't know where he is," the
State Attorney said.
But this witness declared in a public letter in February, 1893, "Myself
and others with positive evidence were always ready to testify, and I
have the facts to-day."
The judge of the State court held the motion to quash until July, and
then announced that he would make no decision until August. He withheld
his ruling until October. Then he held the secretary for trial on
two counts, charging conspiracy to bribe the gauger and destroy the
independent distillery; but remarked "informally," the newspapers said,
that conviction would be difficult.
When the case was called March 22, 1892, a delay was granted "until
next Monday," to enable the prisoner's counsel to read the "bill of
particulars" to find out what he was charged with. The secretary did
not trouble himself to attend court. His case was not heard of again
until June 24th, when he was released on a nolle prosequi entered by
the State Attorney because the evidence was insufficient, and became a
free man. That was the end.
Owing to this success of State and United States attorneys in being
unsuccessful, the people have never had an opportunity of hearing in
court the evidence on which the Government acted in making the arrest,
and on which the grand juries found the indictments. But the gauger
through whom the secretary of the Trust had attempted to execute his
plans was called as a witness before the Committee of Congress which
investigated the Trust in 1893, and he told again the story of the
infernal-machine. It was as follows, in his own words, omitting names
and unnecessary details:
Public-domain text, read in full here on John Shaqi.
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