INTERNAL REVENUE CASES
Liquor
and Tobacco Cases
Eastern
District of Tennessee 1877-1879
From
the papers of Luther Mead Blackman
Transcribed
by
Janelle
Swearingen
I highly recommend that you read all the
material in the next few sections before going to the index, but if you can't
wait here is the link to the Index.
After the Civil War, Luther Blackman was
appointed as a Special Commissioner of the Internal Revenue. His job was to
hear cases in which the defendant was accused of violation of the Internal
Revenue Laws related to liquor and tobacco. The majority of the cases as
reflected in Blackman=s papers appear to
have been against those who had served with or supported the Confederacy. Most
of the material related to the cases consists only of arrest warrants and
subpoenas for witnesses. A few include the disposition of the case - in most
cases the charges were dismissed for insufficient evidence.
These are transcriptions from the microfilm
of the papers now in the Tennessee State Library. These cases are found on
rolls 1 and 2, Access number 620 ALuther Blackman Papers@ available on interlibrary loan from Tennessee State
Library.
These defendants were from Monroe, Loudon,
Meigs, McMinn, Polk and Roane Counties mostly.
The charges in most cases
were as follows:
Eastern District of Tennessee--SS
Wm. Lindsay Dept of Coll of said District . . . does believe that
on or about _____ day of ____
_____, _____________ of ___________
1. County, did, in the said District,
unlawfully carry on the business of a distiller of spirituous liquors, without
having given bond, as such distillers were and are required to do by the laws
of the United States:
2. And did carry on the business of a retail
liquor dealer without having paid the special tax required by the laws of the
United States to be paid by such dealers:
3. And did unlawfully remove distilled
spirits, on which the tax imposed by the laws of the United States had not been
paid to a place other than the distillery warehouse provided by law, in
violation of the Internal Revenue law of the United States.
4th And did carry on the business of a retail
dealer in leaf tobacco without having paid the special tax required by the laws
of the United States, to be paid by such dealers.
L. M. Blackman U. S. Com=r
Some of the cases were for tobacco only and
some for liquor only.
ALL OF THE WARRANTS
HAD THE FOLLOWING FORM:
Whereas, complaint on oath has been made to
me, charging that _______of ________, did on or about the _____
day of _____187_, within the said Eastern District of Tennessee violate
the U. S. Internal Revenue Law Now, you are hereby commanded, in the name of
the President of the United States of America, to apprehend the said _______and
bring his body forthwith before me, at my office in _________ or before some
Judge or Commissioner of the United States, wherever in the said Eastern
District of Tennessee he may be found, that he may then and there be dealt with
according to law for the said offense. Given under my hand and official seal,
this ____ day of ____ 187_. [signed] _______ Com=r U. S. Circuit Court Eastern District of Tennessee
ALL OF THE SUBPOENAS
HAD THE FOLLOWING FORM:
The President of the United States of
America, To the Marshal of the Eastern District of Tennessee--Greetings: You
are hereby commanded to summon to appear instantly before me at my office in or
before some Commissioner of the Circuit Court of the United States of America,
for the District of East Tennessee, to testify and give evidence in a cause
wherein the United States is Plaintiff and Defendant, on behalf of Plaintiff;
herein fail not.
Witness my hand, at office in , this the day
of , 187_ .
Com=r U. S. Circuit Court
Eastern District of Tennessee
Letters Regarding The Prosecution Of Cases
Office of the United States District Attorney
Dec 14, 1878
L. M. Blackman Esq
U. S.Commr Madisonville
Sir: In reply to yours of yesterday I would
say -- I do not suppose we can apply any different rule to tobacco cases than
is applied to liquor cases. In both cases the proof must shew that the deft is
selling for profit as a part of his business.
But the liquor traffic is the most injurious
& demoralising to the community. Men who sell liquor have generally made or
obtained it in violation of law, and I think there is a little stronger
presumption against a man who sells liquor than against the man who sells
tobacco. If the man who raises a little patch of tobacco has sold a little to a
neighbor once or twice as a matter of neighborly accommodation I do not think
it worth while usually to disturb him. If he sells his tobacco crop as he sells
his corn crop it is a different matter.
I have found also that a large proportion of
the tobacco cases which are reported to me are petty cases in which the
informant has a quarrel with the defendant, or wants to get a little money out
of the United States by attending court as a witness. I have therefore come to
scrutinise these cases very closely before commencing a prosecution.
In any case I would not go back of the first
of August 1878, as I am determined to try whether we cannot enforce the law by
prosecuting recent offences only, both in regard to liquor & tobacco. I
have asked all the Deputy collectors to commence no prosecutions for violations
of Rev-Law back of that date. Yours Respectfully, Geo Andrews
[letterhead] United States Internal Revenue,
Assessor=s office, 2nd Division Tennessee. Sir, I have to
instruct you that whenever the circumstances render it necessary [torn] duty to
assist the [torn] Colltr in the seizure of Ilicit Stills and also of liquors,
and whenever it may be necessary for a larger number of men to assist in the
seizure [torn] is at command, I am advised that the number can be increased by
recommendation, either of this [torn] the colltr for the [torn] enforcement of
the laws. I am Respc D. M. Nelson, Assessor
EXPLANATORY NOTES:
Execution - means the warrant or subpoena was
served
No execution - means warrant or subpoena was
not served
Some include only a warrant, or a subpoena,
or a statement of the charges. Some also include a summary of the testimony
given in the case.
All the material in the Blackman Papers
regarding these cases is given.
Only
the names of the defendants are indexed. The names of the witnesses can
be found by using the find feature of your Browser.
Defendants in the cases:
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Warrant
. . . charging that Frank Adkins of Monroe
County . . . 1878 . . . Violate the U. S. Int Revenue Law . . . 21 day of
November 1878. L. M. Blackman
Came to hand same day issued and executed in
Monroe County by arresting deft and taking him before L M. Blackman U.
S. Comr at Madisonville for trial. Dec 17 1878. L. T. Walker, D. U. S.
Marshal
United States of America ==Eastern District
of Tennessee. The President of the United States of America to the Marshal of
the Eastern District of Tennessee--Greetings:
After hearing the evidence in this cause, it
is ordered by me that the Deft be and he is hereby discharged. There not being
in my opinion sufficient evidence to convict. Dec 21, 78. L. M. Blackman
[Several affidavits were in the file which
were printed in the following form.]
Eastern District of Tennessee--SS
Wm. Lindsay Dept of Coll of said District . . . does believe that
on or about _21 day of Nov 1878, Frank Adkins of Monroe
1. County, did, in the said District,
unlawfully carry on the business of a distiller of spirituous liquors, without
having given bond, as such distillers were and are required to do by the laws
of the United States:
2. And did carry on the business of a retail
liquor dealer without having paid the special tax required by the laws of the
United States to be paid by such dealers:
3. And did unlawfully remove distilled
spirits, on which the tax imposed by the laws of the United States had not been
paid to a place other than the distillery warehouse provided by law, in
violation of the Internal Revenue law of the United States.
4th And did carry on the business of a retail
dealer in leaf tobacco without having paid the special tax required by the laws
of the United States, to be paid by such dealers.
L. M. Blackman U. S. Com=r
Witnesses: Isaac Lemons, Jerry Maguire,
James Forrester
Warrant
. . . charging that Watson Adkins of
Monroe County . . . 1878. . . . Violate the U. S. Int Revenue Law . . . 21 Nov
1878. L. M. Blackman
Came to hand same day issued and executed in
Monroe County by Arresting the Defendant and taking him before L. M.
Blackman at Madisonville Dec 4, 1878. L. T. Walker, Dept. U. S.
Marshal.
After hearing the evidence . . . he is hereby
discharged there not being in my opinion sufficient evidence . . . L. M.
Blackman
Subpoenas
. .. to summon Joseph Price, Isaac Lemons,
Gunter to appear . . . in Madisonville . . . Watson Adkins,
Defendant . . . this the 21 day of Dec, 1878 . . . L. M. Blackman
Issued 21 Nov >78
and Executed in Monroe County to Joseph Price Dec 5, 1878 and to James
Forrester Dec 5, 1878 by L. T. Walker
. . . summon Joseph Price, Isaac Lemons,
Allen H. Gunter to appear 21 Dec >78 in Madisonville
. . . Watson Adkins, Defendant. . . Madisonville this the 13th day of
Dec 1878. L. M. Blackma, Com=r U.S. Circuit Court
Eastern District of Tennessee
. . . executed in Monroe Co. as to Joseph
Price and Allen H. Gunter Dec 16, 1878 by L. T. Walker,
Deputy U. S. Marshal
Office of the United States District Attorney
. . . Dec 28, 1877
John Minis Esq, U. S. Commr Madisonville
Sir: I have just recd a pkg of papers from
you. In the cases of R. H. Allen & Frank Leming the witness
testify that the defts sold whiskey a few times, but do not state where or
under what circumstances they sold. Now the ruling of the court is that I must
prove that the deft was selling as a business. It is not sufficient to prove
merely that he sold a few times at his house, but I must prove some circumstances
tending to prove that he was making a business or speculation selling. It need
not be his whole business, but he must be proved to have done something more
than merely sold a few times for the accommodation of his neighbors--there must
be a holding of himself out as ready to sell. If he has a keg of whiskey
concealed in the woods & sells out there or if he carries it about the
country and sells as he goes, or sells at a regular bar, those are
circumstances to shew that he is making a business of it. But if it is merely
proved that he sold a few times at his house, it is not worthwhile to bind him
over. In that case or cases it is necessary to examine the witnesses & find
out all the circumstances.
The rule does not apply to distilling, &
a single act of distillery is sufficient to convict.
In cases for removing, I have to prove that
the deft removed the whiskey from the distillery, or had it done; & in
cases for furnishing meal, I must prove that deft carried the meal to the
distillery or had it done. Yours Respectfully, Geo. Andrews, Dist Atty.
If you can give any information about the
cases of Allen Leming I would be glad. As the evidence looks in the
papers I do not think it worth while to put the U. S. to the expense of
summoning the witnesses. G.A.
Warrant [not found] John Arp
Office of the United States District Attorney
. . . Nov 9, 1876
John Minnis Esq, Madisonville
Dear Sir: I have never known a charge made by
a Commissioner for taking notes of the testimony before him. Possibly it might
be allowed, but I am inclined to think that when the statute uses the word Adepositions@ it means depositions
to be used in the U. S. Courts, which are usually taken before the Commrs.
I send affidavit in case vs John Arp
with directions for issuance.
In the case vs Elijah Beaver, he seems
to have sold at his house, and it does not appear that he removed the whiskey from
the distillery and I think a conviction would be so doubtful that it is not
worth while to issue it. Under Judge Triggs decisions, in order to
convict of removing, we must prove that the deft removed, or helped to remove
it from the still house. Yours Truly Geo Andrews, Dist Atty.
Warrant - [John Avans, Evans - not found]
Eastern District of Tennessee--SS
Wm. Lindsay Dept of Coll of said District . . . does believe that
on or about 7 day of Oct 1878, John Avins of Monroe
1. County, did, in the said District,
unlawfully carry on the business of a distiller of spirituous liquors, without
having given bond, as such distillers were and are required to do by the laws
of the United States:
2. And did carry on the business of a retail
liquor dealer without having paid the special tax required by the laws of the
United States to be paid by such dealers:
3. And did unlawfully remove distilled
spirits, on which the tax imposed by the laws of the United States had not been
paid to a place other than the distillery warehouse provided by law, in
violation of the Internal Revenue law of the United States.
4th And did carry on the business of a retail
dealer in leaf tobacco without having paid the special tax required by the laws
of the United States, to be paid by such dealers.
L. M. Blackman U. S. Com=r
Witnesses, John Avins
Subpoena
. . . summon Elijah Cagle and Atlis
Sanders . . . to appear in Athens, Tenn . . . John Evans, Defendant.
. . 23 Day of May 1879. H. K Slover.
Executed 2 day of June 1879 by L T. Walker,
Dept. U. S. M.
Testimony
United States vs John Avans
Elijah Cagle aged 36 years residence 13th civil district Monroe
County Tennessee- occupation Farmer. That in the fall of 1877 there was an
administration sale at the residence of Martha Randolf - who is the
grandmother of the defendant - in the 12th civil district of Monroe Co. Tenn.
That he had understood that defendant had leaf tobacco for sale and that he
asked defendant what he would take for a lot of tobacco which he affiant,
supposed would weigh about thirty or forty pounds Said tobacco was in an out
house on the place of the said Mrs. Randolf with whom the defendant was
living at the time, that he bought the said tobacco from defendant for which he
affiant paid one dollar. That about one month previous to the above said house
auction he, affiant had bought three or four pounds of leaf tobacco (twisted)
from defendant for which he paid fifty cents.
Atlas Sanders aged 22 years residence 12th civil district Monroe
County Tenn - occupation - farmer depose That in the year 1877 about two miles
from the defendant Avins that he was at an administration sale at Mrs.
Martha Randolfs in the 12th civil district in the aforesaid county, and that
he saw a lot of leaf tobacco in said Mrs. Randolfs house which he,
affiant, understood belonged to defendant Avans. That he did not see any
sale of tobacco on the part of the said Avans on said occasion nor does
he know of Avans having sold leaf tobacco at any time prior or
subsequent to said occasion. Atlas Sanders
Warrant
Take the body of George W. Bain . . .
violation of the U. S. Int. Revenue Law . . . 19 Nov 1878 . . . L. M.
Blackman
arrested Monroe County Nov 23, 1878 . . .
After hearing evidence . . . discharged . . .
not sufficient evidence. Nov 26, 78. L. M. Blackman]
Subpoena
. . . summon John Lee Benson, Pack and
James O. Bain, and Joseph Ripon & Matt Lee to appear .
. . in Madisonville . . . Geo W. Bain, Defendant . . . 19 day of Nov
1878. L. M. Blackman, Com=r U.S. Circuit Court
Eastern District of Tennessee
. . . executed in full 23d day of Nov 1878. John
C. Duff, D.U. S. Marshal
We, the undersigned, hereby appoint W. W.
Marr our Attorney and authorize him, for us, and in our names to sign,
execute and deliver a bond to the United States in the penalty of One Thousand
Dollars for the appearance of George Bain . . . this 23 day of Nov 1878.
J. C. Marr
Witness: R. H. Allen, Joe Marr
Eastern District of Tennessee--SS
Wm. Lindsay Dept of Coll of said District . . . does believe that
on or about 21 day of Nov 1878,Thomas Barnett of Polk
1. County, did, in the said District,
unlawfully carry on the business of a distiller of spirituous liquors, without
having given bond, as such distillers were and are required to do by the laws
of the United States:
2. And did carry on the business of a retail
liquor dealer without having paid the special tax required by the laws of the
United States to be paid by such dealers:
3. And did unlawfully remove distilled
spirits, on which the tax imposed by the laws of the United States had not been
paid to a place other than the distillery warehouse provided by law, in
violation of the Internal Revenue law of the United States.
L. M. Blackman U. S. Com=r
Witnesses: Willis Hedgecock, Wesley
M. Pike, Thomas Blanton.
Office of the United States District Attorney
. . . Nov 9, 1876
John Minnis Esq, Madisonville
Dear Sir: I have never known a charge made by
a Commissioner for taking notes of the testimony before him. Possibly it might
be allowed, but I am inclined to think that when the statute uses the word Adepositions@ it means depositions
to be used in the U. S. Courts, which are usually taken before the Commrs.
I send affidavit in case vs John Arp
with directions for issuance.
In the case vs Elijah Beaver, he seems
to have sold at his house, and it does not appear that he removed the whiskey from
the distillery and I think a conviction would be so doubtful that it is not
worth while to issue it. Under Judge Triggs decisions, in order to
convict of removing, we must prove that the deft removed, or helped to remove
it from the still house. Yours Truly Geo Andrews, Dist Atty.
Warrant
. . . charging that James Bivins of
Blount County did on or about the 1st day of July 1877 . . . violate U. S. Int
Rev. Law. . . bring his body before me at my office in Knoxville . . . 31 day
of Dec 1877. John Williams
Executed in Monroe Co Oct 15 and taking
before Blackburn U. S. Com at Madisonville for trial Oct 16, 1878.
Defendant was discharged A. B. Maldrs.
In this cause it is orderd by me that the
Defendant be and he is hereby discharged, there not being in my opinion
sufficient evidence to convict. October the 16, 1878. L. M. Blackman, U. S.
Comr.
Subpoena
. . . summon Chas Grinly & J.
Jones . . to appear . . . in Knoxville . . . Jas Bivins, Defendant .
. . 31 Day of December, 1877, John Williams, Com=r U.S. Circuit Court Eastern District of Tennessee
. . . executed same day by A. P. Walker
Warrant
. . . charging that Joseph Brewster of
Blount . . . 1877 . . . violate the U. S. Int Revenue Laws by selling Tobacco
without having a licence . . . bring his body before me . . . in Athens . . .
26 Nov 1877. John F. Slover
[arrested in Blount County, taken before Blackman
for trial 18 of Oct 1878. C. T. Duff, Dept U. S. Marshal. Discharged by Blackman
for lack of evidence to convict, Oct 18, 1878]
Subpoena
. . . summon Henry McTeer . . . to
appear . . . in Athens . . . Joseph Brewster, Defendant . . . . 26 day
of Nov 1877. John F Slover, Com=r etc.
Came to hand Sept 7th 1878, Executed in
Monroe County as to Henry McTeer This the 18th of October 1878 by C.
T. Duff, Dept. U. S. Marshal
Warrant
. . . charging that Charles Carden of
Monroe County . . . 1878 . . . Violate the U. S. Int Revenue Law. . . . bring .
. . Madisonville . . . 2 day of Dec 1878. L. M. Blackman.
[arrested Dec 17, 1878, brought before Blackman,
discharged by Blackman for lack of evidence to convict Jan 7, 1879]
Subpoena
. . . summon John Buchanon Isaac Lemons,
Cornelius Lemons, James Forrester . . . to appear . . . in Madisonville . .
. Charles Carden, Defendant . . . 2d day of Dec 1878. L. M. Blackman
. . . Executed in Madisonville Monroe Co as
to James Foister this Dec 28 1878. Calvin T. Duff, Dept U. S.
Marshal
Testimony
United States vs. Charles Carden
James Forrester aged 32 years residence 3rd Civil District Monroe
County being duly sworn testifies that he known nothing . . . James (X)
Forrester
Warrant
. . . charging that Robert H. Carden
of Monroe County . . . 1878 . . . violate the United States Internal Revenue
Laws .. . bring . . . Athens . . . 14 day of April 1879 . . . Horace K.
Slover
[arrested Apr 23 1879, L. T. Walker,
Dept U. S. Marshal, Discharged by Blackman for lack of sufficient
evidence July 1st 1879.]
Subpoena
. . . summon Jno Casteel, Harvey King,
Elizabeth Pack, A. M. White, David Baker [additional names on this subpoena
which were crossed out: Joseph Mosses, Joseph Chain, Marion Hawkins.]
to appear the 17th May >79 in Athens . . . Robert
H. Carden, Defendant . . . 14 day of April 1879, Horace K. Slover
. . . executed in McMinn Co as to John
Casteel this Apr the 25 >79 as to Elizabeth
Pack this Apr the 26, 1879 as to A. M. White this Apr the 25 1879 as
to Harvey King this May the 8, 1879. By L. T. Walker, Dept. U. S.
Marshal
Eastern District of Tennessee--SS
Wm. Lindsay Dept of Coll of said District . . . does believe that
on or about 3 day of _June 1879, Alex Casteel of McMinn
1. County, did, in the said District,
unlawfully carry on the business of a distiller of spirituous liquors, without
having given bond, as such distillers were and are required to do by the laws
of the United States:
2. And did carry on the business of a retail
liquor dealer without having paid the special tax required by the laws of the
United States to be paid by such dealers:
3. And did unlawfully remove distilled
spirits, on which the tax imposed by the laws of the United States had not been
paid to a place other than the distillery warehouse provided by law, in
violation of the Internal Revenue law of the United States.
L. M. Blackman U. S. Com=r
Witnesses: James Pack, Jos S. Branum
Eastern District of Tennessee--SS
J. C. Duff Coll of said District . . . does
believe that on or about 4 day of Mch, 1879, Mark Cheek of Monroe [?]
1. County, did, in the said District,
unlawfully carry on the business of a distiller of spirituous liquors, without
having given bond, as such distillers were and are required to do by the laws
of the United States:
2. And did carry on the business of a retail
liquor dealer without having paid the special tax required by the laws of the
United States to be paid by such dealers:
3. And did unlawfully remove distilled
spirits, on which the tax imposed by the laws of the United States had not been
paid to a place other than the distillery warehouse provided by law, in
violation of the Internal Revenue law of the United States.
4th And did carry on the business of a retail
dealer in leaf tobacco without having paid the special tax required by the laws
of the United States, to be paid by such dealers.
L. M. Blackman U. S. Com=r
Witnesss: A. B. Lockhart, Thomas Pannel,
Dick Moody
Warrant
. . . charging that Burt Davis of
Blount County . . . 1st day of December 1877 . . . violate the U. S. Int Rev.
law . . . before me in Knoxville . . . 3rd day of January, 1878 . . . John
Williams
[arrested Nov 19th 1878 by L. T. Walker,
D. U. S. Marshal. No disposition.]
Subpoena
. . . summon Wm. Bryant, Ben Large
. . . to appear . . . in Knoxville . . . Burt Davis, Defendant . . . 3
January 1878. John Williams [no execution]
Warrant
. . . charging that Joseph Dockery of
Monroe County . . . 1878 . . . violate the U. S. Int Revenue Law . . . before
me in Madisonville . . . 4 Nov 1878. L. M. Blackman
[arrested Nov 19, 1878 by L. T. Walker,
D U. S. M. No Disposition]
Subpoena
. . . summon John Harden, Wm. A. Hardin,
Benjamin Rowan and Samuel Gray. . . to appear . . . in Madisonville
. . . Joseph Dockery, Defendant . . . 4 day of Nov 1878. L. M.
Blackman
[no execution]
Eastern District of Tennessee--SS
William Lindsey Dep. Coll of said District .
. . does believe that on or about 2 day of June, 1879, ___Fortner of Polk
1. County, did, in the said District,
unlawfully carry on the business of a distiller of spirituous liquors, without
having given bond, as such distillers were and are required to do by the laws
of the United States:
2. And did carry on the business of a retail
liquor dealer with out having paid the special tax required by the laws of the
United States to be paid by such dealers:
3. And did unlawfully remove distilled
spirits, on which the tax imposed by the laws of the United States had not been
paid to a place other than the distillery warehouse provided by law, in
violation of the Internal Revenue law of the United States.
4th And did carry on the business of a retail
dealer in leaf tobacco without having paid the special tax required by the laws
of the United States, to be paid by such dealers.
L. M. Blackman U. S. Com=r
Witnesses: Chas Hughes, John H. Moody
Eastern District of Tennessee--SS
J. C. Duff Coll of said District . . . does
believe that on or about 30 day of June, 1879, Ira Gasaway of Polk
1. County, did, in the said District,
unlawfully carry on the business of a distiller of spirituous liquors, without
having given bond, as such distillers were and are required to do by the laws
of the United States:
2. And did carry on the business of a retail
liquor dealer without having paid the special tax required by the laws of the
United States to be paid by such dealers:
3. And did unlawfully remove distilled
spirits, on which the tax imposed by the laws of the United States had not been
paid to a place other than the distillery warehouse provided by law, in
violation of the Internal Revenue law of the United States.
L. M. Blackman U. S. Com=r
Witnesses: William L. Cole, William Cole
Eastern District of Tennessee--SS
William Lindsay Dep. Coll of said District .
. . does believe that on or about 7 day of Nov, 1877, Hardin Gentry of Monroe
1. County, did, in the said District,
unlawfully carry on the business of a distiller of spirituous liquors, without
having given bond, as such distillers were and are required to do by the laws
of the United States:
2. And did carry on the business of a retail
liquor dealer without having paid the special tax required by the laws of the
United States to be paid by such dealers:
3. And did unlawfully remove distilled
spirits, on which the tax imposed by the laws of the United States had not been
paid to a place other than the distillery warehouse provided by law, in
violation of the Internal Revenue law of the United States.
L. M. Blackman U. S. Com=r
Witnesses: William McLemore, Pat. Henry, Geo.
Henry
Warrant
. . . charging that Harden Gentry of
Monroe County . . . 1878 . . Violate U. S. I Rev. Laws . . . Athens . . . 28
June 1878 . . . John F. Slover
[arrested Monroe County Sept 12, C. T.
Duff, D. U. S.M. Discharged by Blackman for lack of evidence. Sept
12, 1878]
Subpoena
. . . summon Joe Mullins, Wm. McLimore,
Charly Gentry, A. J. Mulens . . .to appear . . . in Athens . . . Hardin
Gentry, Defendant . . . 28 day of June 1878. John F. Slover
Issued 28 June 1878, Executed as to A. J.
Mullins & Charly Gentry This Sept 12, 1878. C. T. Duff,
D. U. S. M.
Warrant
. . . charging that George Gregg of
Meigs County . . . 1878 . . . violate U. S. I R. Law. . . Athens . . . 8 day of
May 1878 . . . John F. Slover
[arrest not indicated]
Subpoena
. . . summon John Hamby and Isaac
Ross to appear . . . in Athens . . . George Gregg, Defendant . . . 8
day of May 1878. John F. Slover
[no execution]
[note on the back of an unrelated letter]
James Green for making whiskey in McMinn. Witness Andy Cardin. Dick
Tack McMinn Co. witness Andy Cardin.
Grubb, Monroe
Eastern District of Tennessee--SS
J. C. Duff Coll of said District . . . does
believe that on or about 30 day of June, 1879, Monroe Grubb of Meigs
1. County, did, in the said District, unlawfully
carry on the business of a distiller of spirituous liquors, without having
given bond, as such distillers were and are required to do by the laws of the
United States:
2. And did carry on the business of a retail
liquor dealer without having paid the special tax required by the laws of the
United States to be paid by such dealers:
3. And did unlawfully remove distilled
spirits, on which the tax imposed by the laws of the United States had not been
paid to a place other than the distillery warehouse provided by law, in
violation of the Internal Revenue law of the United States.
L. M. Blackman U. S. Com=r
Witnesses: Luke Winkle
Warrant
. . . charging that Sam Hall of Blount
County . . . 1878 . . . Violate U. S. I R. Law. . . Athens . . . 1st day of
June 1878. . . John F. Slover
[no arrest recorded]
Subpoena
. . . summon John McCall, Stephen Wells,
& William Breant to appear . . . in Athens . . . Sam Hall,
Defendant . . . 1st Day of June 1878. John F. Slover
[no execution]
Warrant
. . . take the body of Frank Hampton .
. . violation of the Int Rev Law of the United States . . . June 8th 1877, John
Minnis
[Warrant returned by order of Dist Atty Nov
19, 1878. L. T. Walker, D. U. S. M.]
Subpoena
. . . summon J. B. Shaw, Horse Giles
to appear . . . at Madisonville. . . Frank Hampton, Defendant . . . 8
day of June 1877, John Minis [no execution]
Warrant
. . . charging that Thomas Hampton of
McMinn County . . 1879 . . . violate the United States Internal Revenue Laws .
. . Athens . . . 30 day of April 1879 . . . H. K. Slover
[arrested in Monroe County June 4, 1879. L.
T.Walker, Dept U. S. Marshal, discharged by Blackman for lack of
sufficient evidence July 10, 79.]
Subpoena
. . . summon Thos Maland & Ham
Russell to appear . . . in Athens Tenn . . . Thomas Hampton,
Defendant . . . 30 day of April 1879. H. K. Slover
Executed as to Ham Russell July 10,
1879 by L. T. Walker, Dept U. S. Marshal
Warrant
. . . charging that James Hauley of
Monroe County . . . 1878 . . . violate the U. S. Int Revenue Law. . .
Madisonville . . . 10 Feb 1879. L. M. Blackman
[arrested by L. T. Walker in Monroe
County Feb 15, 1879. Discharged by Blackman Feb 15, 79 for lack of
sufficient evidence.]
Subpoena
. . . summon John Buchanon, Nan Gaston,
James Forrester to appear . . . in Madisonville. . . James Hauley,
Defendant . . . 2 day of Dec 1878. L. M. Blackman
. . . executed in Monroe County as to James
Forrester and Nan Gastin Dec 9, 1878. L. T. Walker, D. U. S.
Marshal
Warrant
. . . charging that Jack Hawkins of
Monroe County . . . Dec 1879 . . . violate the U. S. Int Revenue Law . . .
Madisonville, . . 4 Mch 1879. L. M. Blackman
[arrested by L T. Walker, March 21,
1879; discharged by Blackman Apr 5, 1879 for lack of sufficient
evidence.]
Subpoena
. . . summon James Pack, Wm. E. Williams
to appear . . . in Madisonville . . . Jack Hawkins, Defendant . . . 4
day of Mch 1879. L. M. Blackman
. . . executed Monroe County as to James
Pack March 21, 1879. L. T. Walker, D U S Marshal
. . . summon Wm. E. Williams, Ham Russell
to appear 29 March 79 in Madisonville . . . Jackson Hawkins, Defendant .
. . 21 day of Mch 1879. L. M. Blackman.
Executed Monroe County as to Ham Russell
March 26th 1879. T. J. Walker, Dept U. S. Marshal
Office ofthe United States District Attorney
June 13, 1977
John Minis Esq
U. S. Commr Madisonville
Dear Sir: Your papers in cases of A. J.
Haynes & Wm. Tate are received. I am obliged to you for the
information as to witnesses.
In the case of Haynes, who is already
under arrest, I do not know whether the present case is for an offence
committed since his former arrest or not. If it was committed before his former
arrest, then the offence would be correct by the information which I have
already filed, and a new warrant and arrest was unnecessary, and in fact the
Attorney General forbids us to issue a second warrant in such cases, but
directs us to summon the witnesses to court to be used before the grand jury or
otherwise as may be necessary. If the offence was committed after his former
arrest, it shews a determination on his part to violate the law, & I should
file a second information or indictment against him; and in that case it would
be proper to require a new bond of him for his appearance. Yours Respectfully, Geo
Andrews, Dist Atty. Return to top
Henry, Fields
Subpoena
.. . Summon James R. Henry, Phillip
Bivins, David Baker to appear instantly . . . at Athens . . . Fields
Henry, Defendant . . . 15 April 1879. Horace K. Slover.
Executed in Monroe County as to Phillip
Bivins July 1, 1879 as to David Baker June the 5 1879 as to Philip
Bivins July 2, 1879.
Testimony
U. S. Vs Fields Henry
Phillip Bivens aged 31 years: resident Ball Play, Monroe Co.
Tennessee; Occupation farmer being duly sworn testifies:
That he knows nothing . . . Philip (X)
Bevins July 1st 1879
Eastern District of Tennessee--SS
William Lindsey Dep. Coll of said District .
. . does believe that on or about 7day of Dec, 1878, Alexander Hicks of Polk
1. County, did, in the said District,
unlawfully carry on the business of a distiller of spirituous liquors, without
having given bond, as such distillers were and are required to do by the laws
of the United States:
2. And did carry on the business of a retail
liquor dealer without having paid the special tax required by the laws of the
United States to be paid by such dealers:
3. And did unlawfully remove distilled spirits,
on which the tax imposed by the laws of the United States had not been paid to
a place other than the distillery warehouse provided by law, in violation of
the Internal Revenue law of the United States.
L. M. Blackman U. S. Com=r
Witnesses: N. L. Peuland, Jno H.
Armstrong, Wm. M. Carden, Thos Blanton. [no tob]
Eastern District of Tennessee--SS
J. C. Duff Coll of said District . . . does
believe that on or about 24 day of Setp, 1878, Calvin Hitson of Monroe
1. County, did, in the said District,
unlawfully carry on the business of a distiller of spirituous liquors, without
having given bond, as such distillers were and are required to do by the laws
of the United States:
2. And did carry on the business of a retail
liquor dealer without having paid the special tax required by the laws of the
United States to be paid by such dealers:
3. And did unlawfully remove distilled
spirits, on which the tax imposed by the laws of the United States had not been
paid to a place other than the distillery warehouse provided by law, in
violation of the Internal Revenue law of the United States.
4th And did carry on the business of a retail
dealer in leaf tobacco without having paid the special tax required by the laws
of the United States, to be paid by such dealers.
L. M. Blackman U. S. Com=r
Witnesses: James Gentry, Frank
Carter, Rufus A Gentry, Lon Hunt.
Warrant
. . . charging that Calvin Hitson of
Monroe County . . . 1878 . . . violate the U. S. Int Rev. Law . . .
Madisonville . . . 24 Sept 1878 . . . L. M. Blackman
[arrested by L. T. Walker Oct 19, 1879
in Monroe County; discharged by Blackman Nov 9, 78 for lack of evidence
to convict]
Subpoena
. . . summon James Gentry, Frank Carter,
Rufus H. Gentry, Martin Len. Hunt to appear 9th Nov 1878 . . . in
Madisonville . . . Calvin Hitson, Defendant . . . 24 day of September,
1878. L. M. Blackman.
Executed McMinn and Monroe County Frank
Carter, Rufus Gentry and Len Hunt this Nov the 28, 1878. L. T.
Walker, Dept U. S. Marshal
Testimony
United States vs. Calvin Hitson.
Charge: Violate Int Revenue Las
T. Frank Carter witness for Government aged 28 years: residence 13th
civil district McMinn County, Tenn: occupation - Farmer being duly sworn
testifies: That he knows nothing . . . T. F. Carter. . . 9 Apr >78
Rufus A. Gentry witness for government aged 25 years: residence; 16th
civil district Monroe County, Tenn, occupation - Farmer being duly sworn
testifies That he knows nothing . . . Rufus (X) Gentry. . . . 9 day
October 1878
Martin A. Hunt wit for government aged 21 years: residence 13 civil
dist McMinn County Tenn. Occupation - Farmer being duly sworn testifies; that
he knows nothing . . . Martin (H) Hunt . . . 9 Nov 1878
Eastern District of Tennessee--SS
Wm. Lindsey Dep. Coll of said District . . .
does believe that on or about 7 day of Nov, 1878, ____Hood of Polk
1. County, did, in the said District,
unlawfully carry on the business of a distiller of spirituous liquors, without
having given bond, as such distillers were and are required to do by the laws
of the United States:
2. And did carry on the business of a retail
liquor dealer without having paid the special tax required by the laws of the
United States to be paid by such dealers:
3. And did unlawfully remove distilled
spirits, on which the tax imposed by the laws of the United States had not been
paid to a place other than the distillery warehouse provided by law, in
violation of the Internal Revenue law of the United States.
4th And did carry on the business of a retail
dealer in leaf tobacco without having paid the special tax required by the laws
of the United States, to be paid by such dealers.
L. M. Blackman U. S. Com=r
Witnesses: Isaiah Cheek, Mart Cheek,
JohnClayton
Eastern District of Tennessee--SS
William Lindsey Dep Coll of said District . .
. does believe that on or about 4 day of April, 1879, John Hood of Polk
1. County, did, in the said District,
unlawfully carry on the business of a distiller of spirituous liquors, without
having given bond, as such distillers were and are required to do by the laws
of the United States:
2. And did carry on the business of a retail
liquor dealer without having paid the special tax required by the laws of the
United States to be paid by such dealers:
3. And did unlawfully remove distilled
spirits, on which the tax imposed by the laws of the United States had not been
paid to a place other than the distillery warehouse provided by law, in
violation of the Internal Revenue law of the United States.
4th And did carry on the business of a retail
dealer in leaf tobacco without having paid the special tax required by the laws
of the United States, to be paid by such dealers.
L. M. Blackman U. S. Com=r
Witnesses: Henderson Clayton, Miley
Clayton, Jack Prince, Martin Clayton
Warrant
. . . charging that James Jenkins of
Monroe County . .. Violate U. S. I. R. Law . . . Athens . . . 24 June 1878.
John F. Slover
[arrested in Monroe County Sept 10, 1878 by C.
T. Duff; discharged by Blackman Oct 12, 1878.] This decision is made
for want of evidence attainable at this time - the most material witness being
now confined in Jail in Cleveland Ten.
Subpoena
. . . Wash Bird, Rowland Yarbury,
& Wash Lee to appear the 12th of Oct . . . in Athens . .. James
Jenkins, Defendant . . . 24 day of June, 1878 [no execution]
Warrant
. . . charging that James Jenkins of
Monroe County. . . 1st day of January 1878 . . . violate the United States
Internal Revenue Laws . . . Athens . . . 22 Oct 1878 . . . Horace K. Slover
[Warrant returned not executed by order of
the Dist Atty Nov 19th 1878. L. T. Walker]
. . . summon . . . Columbus W. Bledsoe,
Wash Lee to appear . . . at Athens . . . James Jenkins, Defendant .
. . 22 day of October, 1878. Horace K. Slover. [no execution]
Warrant
. . . charging that William Jenkins of
Monroe County . . . 1878 . . . Violate the U. S. Int. Revenue Law. . .
Madisonville . . . 4 day of Nov 1878. . . L. M. Blackman
[returned not executed by order of Dist Atty
Nov 19th 1878. L. T. Walker]
Subpoena
. . . summon Columbus W. Bledsoe, Robert Skidmore,
Nancy Bivins, and Margaret Skidmore to appear . . . in Madisonville
. . . William Jenkins, Defendant . . . 4 day of Nov 1878. L. M.
Blackman. [no execution]
Warrant
. . . charging that Calvin Kirkland of
Monroe County . . . 1878 . . . Violate the United States Internal Revenue Laws.
. . Athens . . . 21st October 1878 . . . Horace K. Slover
[arrested in Monroe County by L. T. Walker,
Dec 7, 1878; discharged by Blackman Jan 6, 1879 for lack of sufficient
evidence.]
Subpoena
. . . George R. White, Jno Sloan,
& Arch Sloan to appear . . . in Athens . . . [defendant blank] . . .
21 day of October, 1878. Horace K. Slover
[outside of subpoena has defendant name Calvin
Kirkland]
Executed in Monroe County in full Jan 4, 1879
Calvin T. Duff, Dept. U. S. Marshall.
Office of the United States District Attorney
. . . Dec 28, 1877
John Minis Esq, U. S. Commr Madisonville
Sir: I have just recd a pkg of papers from
you. In the cases of R. H. Allen & Frank Leming the witness
testify that the defts sold whiskey a few times, but do not state where or
under what circumstances they sold. Now the ruling of the court is that I must
prove that the deft was selling as a business. It is not sufficient to prove
merely that he sold a few times at his house, but I must prove some
circumstances tending to prove that he was making a business or speculation
selling. It need not be his whole business, but he must be proved to have done
something more than merely sold a few times for the accommodation of his
neighbors--there must be a holding of himself out as ready to sell. If he has a
keg of whiskey concealed in the woods & sells out there or if he carries it
about the country and sells as he goes, or sells at a regular bar, those are
circumstances to shew that he is making a business of it. But if it is merely
proved that he sold a few times at his house, it is not worthwhile to bind him
over. In that case or cases it is necessary to examine the witnesses & find
out all the circumstances.
The rule does not apply to distilling, &
a single act of distillery is sufficient to convict.
In cases for removing, I have to prove that
the deft removed the whiskey from the distillery, or had it done; & in
cases for furnishing meal, I must prove that deft carried the meal to the
distillery or had it done. Yours Respectfully, Geo. Andrews, Dist Atty.
If you can give any information about the
cases of Allen Leming I would be glad. As the evidence looks in the
papers I do not think it worth while to put the U. S. to the expense of
summoning the witnesses. G.A.
Warrant
. . . charging that W. H. Lynn of
Monroe County . . . 1878 . .. Violate U. S. Int Rev Law . . . Athens . . . 6
day of Feb 1878. John T. Slover
[arrested Sept 21 1878 by C. T. Duff, Dept
U. S. M.; discharged by Blackman Sept 21, 1878 for lack of sufficient
evidence]
Subpoena
. . . summon Wm. Hunt, Pleas Gentry, Dan
Harris to appear . . . in Athens . . . W. H. Lynn, Defendant . . . 6
day of Feb 1878. John L. Slover.
Came to hand Sept 7, 1878, executed in Monroe
Co. As to Pleas Gentry Sept 21, 1878. C. T. Duff, Dept U. S. M.
Warrant
. . . charging that William Mahan of
Monroe County . . . 1878 . . . violate U. S. I. R. Laws . . . Athens . . . 8
May 1878. John F. Slover
[arrested Sept 21, 1878 by L. T Walker;
No witnesses appearing case was dismissed]
Subpoena
. . . summon Perrin Milligan, Frank Pearce
to appear . . . in Athens . . . William Mahan, Defendant . . . 8 day of
May 1878. John F. Slover
Executed in Monroe County as to Peron
Milligan Sept 30, 1878 by L. T. Walker, Dept. U. S. Marshal
Warrant
. . . charging that Jason Maynor of
Blount County . . . 1st day of December 1877 . . . violate the U. S. Int Rev.
Law . . . Knoxville . . . 3 day of January 1878 . . . John Williams
[returned not executed by order of Dist Atty
Nov 19th 1878. L. T. Walker]
Subpoena
. . . summon Jason Millsap, William
Briant, Jasper Millsap to appear . . . in Knoxville . . . Jason Maynor,
Defendant . . . 3 day of January 1878. John Williams
[no execution]
Warrant
. . . take the body of Ruffus McGaughey
. . . Madisonville . . . violating the Int Rev Law of the United States. May
17, 1877. John Minis
[returned not executed by order of Dist Atty
Nov 19, 1878, L. T. Walker]
Subpoena
. . . Summon John McKelvey, Dock Harrison
to appear . . . at Madisonville . . . Rufus McGaughey, Defendant . . .
17 day of May 1877. John Minis [no execution]
Subpoena
. . . Summon Frank Adkins, Isaac Lemons
and James Forrester and Watson Adkins to appear . . . in
Madisonville . . . Jerry Mcguire, Defendant . . . 21 Nov 1878. L. M.
Blackman.
. . . executed in Monroe County as to James
Forrester Waston Adkins Dec 5, 1878. L. T. Walker, D. U. S. Marshal
. . . summon Frank Adkins, Isaac Lemons
to appear . . . in Madisonville . . . Jerry McGuire, Defendant . . . 13
day of Dec 1878. L. M. Blackman.
. . . executed in Madisonville as to Frank
Adkins Dec 21 1878. C. T. Duff, Dept U. S. M.
Testimony
U. S. Vs Jerry McGuire. Charge Vio.
Int Revenue Law
Frank Adkins, aged 30 years: residence 4th civil district, Monroe
County Tenn- Occupation - farmer being duly sworn testifies: That he has been living
on defendants McGuires land during the last twelve months, That at the
time he moved on said land, which lies in the 4th civil district of Monroe Co.
Tennessee, said McGuire had a lot of leaf tobacco on hand, a portion of
which was hanging in a tobacco barn belonging to said McGuire and a part
of it was handed up and stored in said barn. Said tobacco was raised by said McGuire,
as he understood, in the year 1877. That judging from the bulk of said tobacco,
he, affiant, would suppose it was grown on about three fourths of an acre. That
said McGuire cultivated no tobacco in the year 1868[sic] and that he
believes judging from the bulk that the said McGuire has about if not
fully as much tobacco at this time as he had when he, affiant, moved on said McGuires
land as aforesaid. That he does not know of said McGuire having at any
time bought or sold leaf tobacco from or to any one. Frank (X) Adkins.
Sworn to and subscribed before me on this 21st Dec 1878
James Forrester aged 37 years residence 3rd
Civil District Monroe County Tennessee occupation - farmer being duly sworn
testifies That he knows nothing . . . either in the way of dealing in tobacco
or spirits. James (X) Forrester.
Sworn . . . 21 Dec 1878
Warrant
. . . charging that Green Miller of
Monroe County . . . Violate U. S. I. R. Law . . .Athens . . . 6 day of Feb
1878. John F. Slover
[arrested Oct 4, 1878 in Monroe County by C.
T. Duff]
In this cause, no witnesses having been
summoned at the instance of the Government, the Defendant is hereby discharged,
it appearing to my satisfaction that Deft has previously been tried for same
offense. Oct 5, 1878. L. M. Blackman. U. S. Com=r
Subpoena
. . . summon Thos H. Smith, Charley
Strickland & George Strickland to appear . . . in Athens . . . Green
Miller, Defendant. . . 6 day of Feby 1878. John L. Slover [no
execution]
Warrant
charging that Rolen Mills of Monroe
County did on or about the 3rd day of July 1878 within the said Eastern
District of Tennessee with force of arms unlawfully & forcebly resecure a
certain still which has theretofore been taken & detained by Isaac N.
Maskall a Deputy Collector of Int. Rev. for the second Collection District
of Tennessee under the authority of the Internal Revenue Law of the United
States who then & there had said still in his possession & custody as
such deputy Collector under the authority of Joseph A. Cooper Collector
of the Internal Revenue for the said second Collection district . . . Knoxville
. . . 12th day of July 1878. John Williams
[no execution recorded]
Subpoena
. . . summon Charley Jones to appear .
. . in Knoxville . . . Rolen Mills, Defendant . . . 12th day of July
1878. John Williams [no execution]
Warrant
. . . charging that Rufus Mils of
Monroe County . . . December 1878, . . . Violate the Untied States Internal
Revenue Law. . . . apprehend the said Rufus Mills . . . at my office in
Athens . . . 29 day of January 1879. Horace K. Slover.
Executed in Monroe County by arresting the
defendant and taking him before L. M. Blackman U. S. Comm at
Madisonville for trial this Apr the 7 1879. .L T. Walker, Dept U. S.
Marshal
Subpoena
. . . summon Peter Brooks, Jno
Lawmock, Jno Hardin & F. F. Carter to appear . . . in
Athens . . . Rufus Mills, Defendant . . l 29th day of January 1879.
Horace K. Slover.
. . . executed McMinn Co. As to Peter
Brooks Apr 8, 1878 and Executed in Monroe County as to John Lermack John
Hardin and Benjamin Rowan Apr 9 1979. L. T. Walker, Dept U.
S. Marshal
. . . summon John Hardin, Benj. Rowan
to appear . . . in Madisonville . . . Rufus Mills, Defendant . . . 23
day of April 1879. L. M. Blackman
. . . Executed in Monroe County as to John
Hardin and Benj. Rowan Apr 23, 1879. L. T. Walker, Dept. U.
S. Marshal
TESTIMONY
United States vs. Rufus Mills
Peter Brooks aged 24 years: residence 12th civil district, McMinn
County Tenn being duly sworn testifies:
That is the month of July 1878 he in company
with Ben Arp went to the defendant Mills house in Monroe County
for the purpose of buying some whiskey. That on said occasion or on the same
day Arp bought from Mills Whiskey twice - - one quart the first
time and something over a pint the last time. Defendant poured the whiskey from
a Jug into Arps bottle . That he, affiant, afterwards paid Arp for his,
affiants, part of said Whiskey. Peter (X) Brooks. . . 24th April 1879.
John Hardin aged 28 years: residence 15th civil district Monroe
Co. Tenn being duly sworn testifies that he knows nothing . . . John (X)
Hardin
Benjamin Rowan aged 26 years: residence 15 civil district Monroe Co.
Tenn being duly sworn testifies That he knows nothing. . . Benj (X) Rowan
John Lomack aged 18 years: residence 15th civil District, Monroe
County Tenn being duly sworn testifies that he knows nothing . . . John
Lomax
Warrant
. . . charging that Larkin Mitchell of
Monroe County did on or about the [blank] day of [blank] 1877 within the
Eastern District of Tennessee Violate the U. S. I. R. Law . . . to apprehend
the siaid Larkin Mitchell and bring his body forthwith before me, at my
office in Athens . . . 25 day of May 1878. John L. Slover, Com=r U. S. Circuit Court.
Came to hand Oct the 7, 1878 and executed in
Monroe County by Arresting the defendant and taking him before L. M.
Blackman U. S. Comm at Madisonville for trial this Oct the 12, 1878. C.
T. Duff, Dept. U. S. Marshal
After hearing the evidence in this case it is
ordered by me that the defendant be and he is hereby discharged there not being
in my opinion sufficient evidence to convict. Nov 4, 1878. L. M. Blackman.
U. S. Comr
Subpoena
. . . summon Rily Raper, Elbert Coppinger,
Meredith Raper & John Coppinger to appear . . . in Athens . . .
Larkin Mitchell, Defendant . . . 25 day of May 1878. John F. Slover.
Came to hand Oct the 7, 1878. Executed in
Monroe County as to Elbert Coppinger, John Coppinger and Meredith
Raper Oct 12, 1878. C. T. Duff. Dept U. S. Marshal
. . . summon Riley Raper, Elbert Coppenger
and Meredith Raper to appear 4th Nov 1878 . . . in Madisonville . . . Larkin
Mitchell, Defendant. . . 12 day of October 1878. L. M. Blackman.
Came to hand same day issued Nov 2, 1878.
Executed in Monroe County Nov 4th 1878, C. T. Duff, Dept. U. S. Marshal
Testimony
United States vs. Larkin Mitchell.
Charge: Vio Int Revenue Law
John Coppinger (Jr) aged 39 years residence 14th civil district, Monroe
County, Tennessee: occupation - Farmer being duly sworn according to law
testifies that he knows nothng. . . John (X) Copinger Jr. . . 4th day of
Nov 1878
Riley Raper witness for Govt aged 41 years: residence 20th civil
district Monroe County Tenn: occupation - Farmer being duly sworn testifies :
That he knows nothing as to defendant Mitchell having violated the
Internal Revenue Law unless the selling of grain to a distiller and the hauling
of Meal from a Mill to a disillery would constitute such an offence. That in
the spring of 1877 he, affiant, bought a wagon load of corn from defendant for
the purpose of distilling it. That he, affiant does not remember that he told
Mitchell he was buying the corn for the purpose of distilling it: That he
affiant, in the aforesaid spring, employed the said Mitchell to haul a load of
meal from Yarbero Mill on the Tellico Plains mill to his, affiants, distillery,
and that the said Mitchell was paid in Money for the corn and the
hauling. . . . Riley Raper . . . 4 Apr 1878.
Elbert Coppingen wit for Govt aged 31 years: residence - Tellico
Plains, MonroeCounty Tenn: occupation - Farmer being duly sworn testifies: That
defendant, Mitchell told him, in the spring of 1877, that he was going
to let Riley Raper, a distiller, in the mountains of Monroe County Tenn
have some meal for some whiskey. Affiant was at the time running a grist mill
at Tellico Plains Monroe County Tenn, and further affiant saith not. Elbert
(X) Commingen. 4 Nov 1878.
Meredith Raper wit for Gov=t aged 17 years
residence 20th Dist MonroeCounty Tenn occupationFarmer being duly sworn
testifies: That he knows nothing further than that his father Riley Raper
bought from the defendant Mitchell a wagonload of corn in the spring of
1877. That said Riley Raper was engaged in distillling at the time.
J. M. Raper. . . 4th Nov 1878.
Warrant
. . . charging that Van Morgan of
Monroe County, did on or about the [blank]day of Oct 1878 within the said
Eastern District of Tennessee Violation of the U. S. Int Revenue Law. . . to
apprehend the said Van Morgan and bring his body forthwith before me, at
my office in Madisonville . . . 19 day of Nov 1878. L. M. Blackman. Com=r U. S. Civil Court Eastern District of Tennessee.
Executed in Monroe County by arresting
defendant. Nov 23, 1878 took defendant before L. M. Blackman United
States Commissioner at Madisonville for Trial this Nov 23, 1878. C. T. Duff,
Dept. U. S. Marshal
After hearing the evidence . . . not being
sufficient evidence . . . 7 Dec 78. L. M. Blackman
Subpoena
. . . summon William E. Williams, James
Pack, James M. Lee to appear . . . in Madisonville . . . Van Morgan,
Defendant. . . 19 day of Nov 1878. L. M. Blackman.
. . . executed in McMinn County in full Nov
the 23rd 1878 and James M. Lee Nov the 23 1878. C. T. Duff Dept.
U. S. Marshal
. . . summon James Pack to appear . .
. in Madisonville . . . Martin Van Morgan, Defendant . . . 23 Nov 1878.
L. M. Blackman.
. . . executed in McMinn County in full Dec
2nd 1878. C. T. Duff, U. S. Marshal
Warrant
. . . charging that Andrew J. Mullins
of Monroe County, did on or about the 1 day of Sept 1878 within the said
Eastern District of Tennessee, carry on the business of a distiller without
having given bond, and did carry on the business of a retail liquor dealer
without having paid the special tax as required by law, and did remove
distilled spirits on which the tax had not been paid to a place other than the
distillery warehouse provided by law.
. . . to apprehend the said Andrew J.
Mullins and bring his body forthwith before me at my office in Knoxville .
. . 18 Sept 1878. John Williams.
Executed in Monroe County by arresting the
defendant and taking him before L. M. Blackman U. S. Comm at
Madisonville for trial this Sept the 24th 1878. C. T. Duff, Dept. U. S.
Marshall
Defendant . . . hereby discharged . .. . not
being sufficient evidence . . . Sept 5, 1878. L. M. Blackman, U. S. Com
Subpoena
. . . summon James Hix, Charley Gentry,
Tery Collins to appear . . . in Knoxville . . . Andrew J. Mullins, Defendant
. . . 18 day of Sept 1878. John Williams.
. . . executed in Monroe Co. As to James
Hix Sept th 24th 1878 and Charley Gentry Tery Collins Oct the 5
1878. C. T. Duff, U. S. Marshal
Warrant
. . . Charging that James Henry Mullins
[same as above]
Executed in Monroe County by arresting
defendant and taking him before L. M. Blackman . . . Sept 25, 1878. C.
T. Duff . . .
In this cause it is ordered by me - - no U.
S. witnesses appearing and the case having been once continued-- that the
defendant be and he is hereby discharged. This 8th Oct 1878. L. M. Blackman,
U. S. Com=r
Subpoena
. . . summon James Hunt to appear . .
. in Knoxville . . . James Henry Mullins, Defendant . . . 18 day of Sept
1878. John Williams
. . . Executed in Monroe County as to James
Hunt Sept 25, 1878. C. T. Duff, Dept U. S. Marshal
Warrant
. . . Charging that Joseph Mullins of
Monroe County, did on or about the [blank] day of [blank] 1879 . . . violate
the United States Internal Revenue Law . . . at my office in Athens Tenn . . .
19th day of June 1879. H. K. Slover.
Executed in Monroe County by arrest the
defendant and taking him before L. M. Blackman . . . at Madisonville for
trial this July the 8 1879. L. T. Walker, Dept U. S. Marshal
After hearing the evidence in this cause it
is ordered by me that the deft be and he is hereby discharged: there not being
sufficient evidence in my opinion to convict. July 8, 79. L. M. Blackman,
U. S. Comm=r
Subpoena
. . . summon Thomas F. Gentry, George W.
Henry and William Hunt to appear . . . in Athens Tenn . . . Joseph
Mullins, Defendant . . . 19 day of June 1879. H. K. Slover
Executed in Monroe County as to Thomas F.
Gentry George W. Henry and William Hunt July the 8 1879.
Lewis T. Walker, Dept U. S. Marshal
Warrant
. . . charging that Nancy Mullins of
Monroe County did . . . 1878 . . . violate the U. S. I. R. Laws. . . . Athens .
. . 18 day of April 1878. John T. Slover
Executed in Monroe County by arresting the
defendant and taking her before L. M. Blackman U. S. Comm at
Madisonville for trial this Sept 10, 1878. L. T. Walker, Dept U. S. Marshall
. . . defendant discharged . . . not being
sufficient evidence . . . Sept 10, 1878. L. M. Blackman
. . . summon James Hunt, Wm. Hunt to
appear . . . at Athens . . . Nancy Mullins, Defendant . . . 18 day of
April 1878. John F. Slover
Executed in Monroe County as to James Hunt
and Wm. Hunt Sept 10, 1878. L. T. Walker, Dept U. S. Marshal
Warrant
. . . charging that Charles Newman of
Monroe County . . . 1878 . . . violate U. S. I. R. Law . . . Athens. . . 26 Apr
1878. John T. Slover
Came to hand same day issued. Returned by
order of the Dist Atty not executed This Nov the 19, 1878. L. T. Walker,
D. U. S. Marshal
Subpoena
. . . summon Albert Coppenger, John
Coppenger & Elbert Sylvester to appear . . . in Athens . . . Charles
Newman, Defendant . . . 26 day of April 1878. John F. Slover [no
execution]
Warrant
charging that Hice Newman of Monroe
County . . 1878 . . . violate the U. S. I. R. Law . . . Athens, 4th day of
April 1878. John T. Slover.
Returned not executed by order of the
District Atty, Nov 19th 1878. L T. Walker, D. U. S. M.
Subpoena
. . . summon John Sylvester, Elbert
Sylvester & Mat Lee to appear . . . in Athens . . . Cine
Newman, Defendant . . . 4th day of May 1878. John A. (?) Slover [no
execution] [I think that Cine and Hice are probably the same person]
Warrant
. . . charging that Sim Newman of
Monroe County . . . 1878. . . violate the U. S. I. R. Law. . . Athens . . . 4
day of May 1878. . . John T. Slover.
Returned not executed by order of the
District Atty Nov 19th 1878. L. T. Walker, D. U. S. M.
Subpoena
. . . summon Cage Coppinger to appear
. . . in Athens . . . Sim Newman Defendant . . . 4 day of May 1878. John
F. Slover [no execution]
Warrant
. . . charging that Elizabeth Pack of
McMinn County . . . 1 January 1878 . . . violation of the Internal Revenue
Laws. . . Athens. . . 22 day of October 1878. Horace K. Slover.
Executed by arresting the Defendant and
taking her before L. M. Blackman . . . 19 day of Nov 1878. John C.
Duff, D. U. S. M.
. . . defendant . . . discharged . . . not
being sufficient evidence . . . 7 Dec 78. L. M. Blackman, U. S. Comr
Subpoena
. . . summon James Swanson & Wm.
Bain, George Baine & Charles Joins to appear . . . at Athens . .
. Elizabeth Pack, Defendant . . . 22nd day of October 1878. Horace K.
Slover
Came to hand Nov 17th 1878. Executed as to William
Bain, George W. Bane and Charles Joines 22 day of Nov 1878. John
C. Duff, Dept U. S. Marshal
Testimony
U. S. Vs. Elizabeth Pack. Charge: Vio
Int. Revenue Law
William Bain, aged 58 years - residence 7th civil district, Monroe
County, Tenn, occupation - farmer: . . . In the month of February 1878 he was
employed by Daniel Swanson and James McGowan to run a distillery
in the 13th civil district, McMinn County, Tenn. That he did run said
distillery for a period of four or five days. Said distillery was located
within about one hundred and fifty yards of the defendants then residence..
That at different times while he, affiant, was engaged as aforesaid Mrs.
Elizabeth Pack, the defendant, assisted him but that he cannot recall any
specific act of defendant except that she and James McGowan divided
between them the ? Of whiskey made by him, affiant, while working in the said
distillery and that he saw her test the whiskey at different times while the
doubling was running off. W. N. Blair. Sworn . . .7 Dec 1878
James Swanson aged 28 years: residence of civil district, Monroe
County, Tenn occupation - farmer. That he knows nothing . . . James (X)
Samson . . . 7 Dec 1878
Warrant
. . . charging that Thomas Plaster of
Monroe County . . . 17 day of January 1878 . . . violate the U. S. Int. Rev.
Laws. . . . Knoxville. . . 18 January 1878. John Williams
Returned not executed by order of the
District Attorney Nov 19, 1878. L. T. Walker, D. U. S. M.
Subpoena
. . . summon J. B. Shaw, Lehris C. Shaw,
Daniel Harris to appear . . . Thomas Plaster, Defendant . . . at
office in Knoxville, 18 day of January 1878. John Williams. [no
execution]
Warrant
. . . charging that Isaac Powell of
Monroe . . . 1877. . . violate the U. S. Int. Revenue Law. . . Madisonville . .
. 2d day of Nov 1878. . . L. M. Blackman
Executed by arresting defendant and taking
him before L. M. Blackman. U. S. Com=r
at Madisonville for trial . . . Nov 7, 1878
. . . defendant . . . discharged . . . not .
. . sufficient evidence. . . Nov 7, 1878. L. M. Blackman
Subpoena
. . . summon James Burchfield, Thomas
Smith and Millard Young to appear . . . in Madisonville . . . Isaac
Powell, Defendant . . . 2 day of Nov 1878. L. M. Blackman.
Came to hand same day issued. Executed in
Monroe County in full as commanded Nov 7th 1878. C. T. Duff, Dept, U. S.
Marshal
Warrant
James Harvey Rausin . . . 1878 . . . violate the U. S. Int Revenue Law. .
. . Madisonville . . . 2 day of Dec 1878 . . . L. M. Blackman
Executed in Monroe County by arresting the
defendant and taking him before L. M. Blackman Dec 4, 1878. . . Lewis
T. Walker, Dpet U. S. Marshal
. . . defendant discharged there not being
sufficient evidence . . . Dec 9, 78 L. M Blackman
Subpoena
. . . summon John Stephens, John Buchanon,
John Ryans, James Forrester to appear . . . in Madisonville. . . Harvey
Rausin, Defendant . . . 2 day of Deb 1878. L. M. Blackman
executed in Monroe County as to James
Forrister and John Rian Dec 6 1878. L. T. Walker, Dept U. S.
Marshal
Testimony
United States vs. Harvey Rausin.
Charge: Vio Int Revenue Law
James Forrester aged 36 resident 3 civil district, Monroe County
Tenn. Occupation -- farmer being duly sworn on his oath states: That in the month
of November 1878 he in company with John Buchanan met the defendant
Rausin about one mile from Philadelphia and asked Rausin if he,
affiant, could get some tobacco (leaf) from him Defendant told affiant that he
reconed he could spare a little. Thereupon Buchanan threw fifty cents
into Rausins wagon, and Rausin gave, affiant, and Buchanon an
order to a Miss McCauley who lived at Rausins for some tobacco. That
affiant and Buchanon went in to Rausins house and got some ten or
twelve hands of leaf tobacco from Miss McCawley. That he never received
any tobacco from the defendant. James (X) Forrester. 9 Nov 1878
Warrant
. . . charging that Bud Reagan of
Monroe County . . . violate U. S. Int Rev. Law . . . Athens. . . 6 day of Feby
1878. . . John F. Slover
Executed in Monroe County . . . Dec 2, 1878 .
. . L. T. Walker, D. U. S. Marshal
Subpoena
. . . summon Jacob Tipton, Joseph Tipton,
& Dan Swanson to appear . . . in Athens . . . Bud Reagan,
Defendant . . . 6 day of Feb 1878. John F. Slover [no execution]
Warrant
. . . charging that Jno Reagan of
Monroe County . . . 1878 . . . violate the United States Internal Revenue Laws
. . . Athens . . . 15 April 1879. . . Horace K. Slover. . .
Executed . . . June 3, 1879 . . . John C.
Duff, D. U. S. M.
Subpoena
. . . summon James Swanson, James Pack
to appear . . . at Athens . . Jno Reagan, Defendant .. . 15 day of April
1879. Horace K. Slover
Executed as commanded June 5th 1879. John
C. Duff, D. U.S.M.
Warrant
. . . charging Isaac Rymer of Polk
County . . . 1878 . . . violate the United States Internal Revenue law . . .
Cleveland . . . 12 Oct 1878. . . J. C. Tipton
Returned not executed by order of Dist Atty
19 Nov 1878. John C. Duff, D. U. S. M.
Subpoena
. . . summon Samuel Caldwell, William M
Nelly and Alexander Rymer to appear . . . in Cleveland . . . Isaac
Rymer, Defendant . . . 12 day of Octoer 1878. J. C. Tipton. [no
execution]
Subpoena
. . . summon James McKelvey, Dock Harrison
to appear . . . at Madisonville . . . Mark Rider, Defendant . . . 17 day
of May 1877. John Minis [no execution]
Staney, William R. [or Slainy]
Warrant - Staney or Slainy
. . . charging William R. Slainy of
Monroe County . . . 1878 . . . violate the U. S. Int Revenue Law . . .
Madisonville . . . 7 Nov 1878 . . . L. M. Blackman
Executed Nov 9th 1878. . . L. T. Walker,
Dept U. S. Marshal
defendant discharged . . . not sufficient
evidence . . . Sept 12, 78. L. M. Blackman
Subpoena
. . . summon Eli Pat. Henry, Joe Mullins,
George Henry to appear . . . at Madisovnille . . . William R. Slaney
. . .7 Nov 1878. L. M. Blackman
Executed in Monroe County as to E. G.
Henry George M. Henry this Nov the 20 1878. L. T. Walker, Dept U. S.
Marshal
Testimony
United States vs. William K. Staney.
Charge Vio Int Rev Law
Eli P. Henry aged 27 years residence 12 civil dist Monroe Co.
Tenn-- occupation--farmer being duly sworn testifies, that he knows nothing . .
. Eli (P) Henry. . . 2 Dec 1878
George Henry aged about 16 years residence 12 civil district
Monroe County, Tenn occupation farmer being duly sworn testifies that he knows
nothing . . . Geo (X) Henry. . . 2 Dec 1878
We, the undersigned, hereby appoint L. M.
Blackman our Attorney . . . for the appearance of William R. Stainy
[?] . . . this 9 day of Nov 1878. Edwin Hall. Witness: M. L. Hall
Warrant
. . . charging George Strickland of
Monroe County . . . 1878 . . . violate the U. S. Int Revenue Law . . .
Madisonville . . . 7 Oct 1878 . . . L. M. Blackman
Executed . . . Oct 12, 1878. . . L. T.
Walker . . .
defendant . . . discharged . . . not
sufficient evidence. . . Nov 2, 178
Subpoena
. . . summon James Burchfield and Thos
H. Smith to appear . . . in Madisonville . . . [defendant name blank] 7 day
of October 1878. L. M. Blackman [back of subpoena has defendant name Geo.
Strickland]
Executed in Monroe County as to James
Burchfield and Thomas H. Smith Oct 12 1878. L. T. Walker,
Dept U. S. Marshal
. . . summon Thomas H. Smith to appear
. . . in Madisonville . . . Geo Strickland, Defendant . . . 12 day of
October 1878. L. M. Blackman.
Executed in Monroe County as to Thomas H.
Smith Oct 16, 1878. L. T. Walker, Dept U S. Marshal
Testimony
United States vs. George Strickland.
Charge: Violation of Int Rev. Law
James Birchfield witness for the Gov=t
aged 23 years; resident 12th civil Dist Monroe County Tenn: occupation Farmer
being duly sworn testifies
That he knows nothing as to the Deft George
Strickland having in any way violated the U. S. Int Revenue Law. James
(X) Burchfield [A great many witnesses >knew
nothing= perhaps because they were reluctant to testify
against neighbors.]
Sworn to and subscribed before me on the 2d Nov
1878. L. M. Blackman, U. S. Com=r
Thomas H. Smith witness for Gov=t aged 39 years:
residence 13th civil Dist Monroe Co Tenn: Occupation Farmer being duly sworn
testifies
That he knows nothng . . . [signed] Thomas
H. Smith . . . 2 Nov 1878
Office ofthe United States District Attorney
June 13, 1977
John Minis Esq
U. S. Commr Madisonville
Dear Sir: Your papers in cases of A. J.
Haynes & Wm. Tate are received. I am obliged to you for the
information as to witnesses.
In the case of Haynes, who is already
under arrest, I do not know whether the present case is for an offence
committed since his former arrest or not. If it was committed before his former
arrest, then the offence would be correct by the information which I have
already filed, and a new warrant and arrest was unnecessary, and in fact the
Attorney General forbids us to issue a second warrant in such cases, but
directs us to summon the witnesses to court to be used before the grand jury or
otherwise as may be necessary. If the offence was committed after his former
arrest, it shews a determination on his part to violate the law, & I should
file a second information or indictment against him; and in that case it would
be proper to require a new bond of him for his appearance. Yours Respectfully, Geo
Andrews, Dist Atty.
Thompson, Lee
Warrant
. . . charging Lee Thompson of Monroe
County . . . violate the U S. Int. Rev. Law.. . . Madisonville . . . 2 day of
Deb 1878. . . L. M. Blackman
Executed in Monroe County . . . 17 day of Dec
1878 . . . John C. Duff
. . . defendant discharged . .. not
sufficient evidence. . . Jany 6, >79
Subpoena
. . . summon Isaac Lemons, John Ryans,
Neal Lemons & James Forrester to appear . . . in Madisonville .
. . Lee Thompson, Defendant .. . 2 day of Dec 1878. L. M. Blackman.
Executed in Madisonville Monroe County as to James
Foister this Dec 28, 1878. Calvin T. Duff, Dept U.S. Marshal
Testimony
United States vs. Lee C. Thompson
James Forrester aged 32 years residence 3rd civil district. Monroe
County Tennessee occupation farmer says: that he knows nothing . . . James
(X) Forrester. 6 Jany 1879
Warrant
. . . John Tyler . . . Madisonville .
. . violation of the Int Rev. Laws of the U. S. . . . May 17th 1877 . . . John
Minis
Returned not executed by order of the
District Atty Nov 19th 1878. L. T. Walker, D. U. S. M.
Subpoena
. . . summon John Deputy, Rufus Giles
to appear . . . at Madisonville . . . John Tyler, Defendant . . 17 day
of May 1877. John Minis [no execution]
Warrant
. . . Brax Walker of Rhea County . . .
1877 & 78 . . . violate the U. S. I nt. Rev. Law. . . Athens. . . 1st day
of June 1878. John F. Slover.
Returned not executed by order of Dist Atty
Nov 19th 1878. L. T. Walker
Subpoena
. . . summon Henry Devoin, John Rhea
William Harwood & Watts Roberts to appear . . . in Athens . . . Brax
Walker, Defendant . . . 1 day of June 1878. John F. Slover [no
execution]
Warrant
. . . Caroline White . . . of Monroe
County . . 1878 violate U. S. I. R. laws. . . Athens . . . 18th April 1878 . .
. John F. Slover.
Executed in Monroe County . . . Sept 10, 1878
. . . C. T. Duff. . .
. . . defendant discharged . . not being
sufficient evidence . . . Sept 10, 1878 L. M. Blackman
Subpoena
. . . summon James Hunt, A. H. Muner,
Elisha King, and Andy Welburn] to appear . . . in Athens . . . Caroline
White, Defendant . . . 18 day of April 1878. John F. Slover
Executed in Monroe County as to James Hunt
and Andrew Wilborn Sept 10, 1878. C. T. Duff, D. U. S. M.
Testimony:
United States vs. Caroline White;
Charge: violation of the Int Rev Law
In this cause personally appeared before the
undersigned authority James Hunt aged 50 years: residence near Hawkins
Mill, Monroe County Tenn: Occupation Farmer and MillWright who being duly sworn
on his oath states:
That in the month of June (as well as he can
remember) 1878 he saw Caroline White, the defendant, working in a
distillery belonging to George White, defendants husband, and other
parties unknown to affiant, said distillery being on the waters of Notchey
Creek Monroe County Tennessee. That judging from the movements of defendant he
supposed her to be engaged in what is called doubling. The daugher of defendant
was with her in the distillery at the time he, affiant saw her distilling as
aforesaid. That he, affiant, was in the said distillery, two days previous to
the time he saw defendant working as foresaid, and saw three or four tubs of
beer undergoing fermentation, of which he, affiant tasted. That a day or two
after he affiant, saw defendant distilling as aforesaid, he was in the said
distillery and said beer was gone. That at the time he saw defendant distilling
there was a fire in the furnace under the still and defendant seemed to be
superintending matters generally about the distilllery.
Affiant further states that the defendant
bore the reputation in her neighborhood of running said distillery pretty
regularly. That the said distillery was located on the lands of Dr. E.Hall.
And further affiant saith not. James (X) Hunt
. . . 10 Sept 1878
Also personally appeared before the undersigned
authority Andrew Wilburn aged 33 years: residence near Hawkins Mill
Monroe County Tenn: occupation farmer . . . knows nothing. . .
Warrant
. . . James Yates of Monroe County . .
. 1877 . . . violate the U. S. Int Rev. Laws . . . Madisonville . . . 2d day of
Nov 1878. . . L. M. Blackman
Returned not executed by order of the Dist
Atty. Nov 19th 1878. . . L. T. Walker . . .
Subpoena
. . . summon James Burchfield and Thomas
Smith to appear . .. In Madisonville . . . James Yates, Defendant .
. . 2 Nov 1878. L. M. Blackman [no execution]
Page created July 5, 2000
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