Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-06-12
U. =. Circuit Court.
Before Judge Belts.


June 1.-THE United States ' Samuel r. Wood.
Ms Honor proceeded to charge the jury in this
49, sno remarked IN the outset Of his observations
;nrx a. me testimony was chiefly documentary, the
.ne Ooar because the testimony would be placed in
'neir hands when they retired to the jury room
t,ra "f -" very general observations the
OF debt incurred by the defendant to the pIaintifs
on the Importation Of certain goods which the former
had sworn himself to be the owner Of, and ON which
the law nad gwen the plaintiffs right to an adj
valorem duty. Now the great dificulty in this cas-.
was to ascertain what the value of the articles.
and how that value was to be Exed. For various
reasons the law had rejected the price in The homs
market, and determined to adopt the cost NJ the
place OF manufacture importation In order N
fix this csst, it called on the importer to make ont
and TO produce his invoice, and to swear to the
correctness OF that document; but still, said his
Honor, the Government not concluded by the
invoice because it is at their option to have an
appraisement either by the sworn officers ap.
two merchants If however, the invoice produced
should be fair and Just one and the Govern
ment should take the duties they could not come
again on the importer; but if, on the contrary the
invoice was falsifed for the purpose of defraudng
the Government, then the latter would have right
to come in and ask for the balance. This was the
opinion OF the court but OF course it would be open
TO reverson by the courts above to whom this cues.
ton would doubtless be carried up II had bee con-
tended that the present defendant was not liable be-
cause ne was not the owner, only the consgnee but
solemn asscveration respecting his ownership vet
notwithstanding that fact, the court thought the
plaintiffs were bound TO make out that he was the
owner, and for what quantity. His Honor then di-
reced the jury to retire. but subsequently, sent for
them, and said that it important whether the
defendant was the owner or the consignee as the
law held him to be equally liable for the duties
AS the Jsry had not agreed at rising Of the Court
his Honor directed sealed verdict to be brought in
on Wednesday morning.
The United States VS.. Joel Stone-The District
Attorney briefly stated the case to the jury Ii was
an action brought to recover penalty incurred I'M
der an act OF Congress which provided that every
steamer should have iron rods chains instead Of
tilier ropes to steer by. The penalty imposed was
oo one half to go to the informer the other to the
United States BY the 18th section the master ofthe
steamer was made liable for an infringement of the
statute
John Bounds examined knew the steamer New
Haven, having been engaged on board as the pilot
She has been employed under the command Of Joel
Stone for the last two years in carving passengers
and freight between this city and New Haven. She
steered by wheel and rudder ropes snl;ced an ~,
iron rods amidshps, about 40 feet on each side the
boiler Round the wheel there was about 65 feet Of
rope, and astern about 81 feet connecting the rudder
with the rods amidshps.
Counsel for Defence. For what reason was there
III feet OF rope round the rudderl
witness Because we could not get the rod
through the block.
Counsel. Does the rod 90 cbock mn 10 ~
block? r " nc
Witness. Yes, just as far as il can go when the
helm IS hard up or down. The rods were put in the
boat after the law passed. but before il went into
operation. Nothing but rope used before the
rods were put in. Rods had been in use before the
passage Of the law, bat connected round the wheel
BY ropes the same way as on board the New Haven.
we have tiller which ships on the rudder post ON
the upper deck We can ship the tller which is Il
ieet long, and steer the boat with three or four men
y, we always man the tilier going through He'll Gate
the nam dependence going through that passage.
IL very difficult when the tide is running 10 bring
one OF these large boats through that place with a
wheel only There is chain come cted with the
tiller. "''a INC
By District Attorney-No iron chains have been
used since July last, round the wheel of that boat
on the part OF the defendant il was set nm that be
mad gwen practical construction to the act and had
complied with its provisions, so far as thew were
compatible with the safety Of the vessel nayIpatinr
the East river. The defendants counsel. previous
10 summing up the case, wished the Court 10 cav
how far II thought steamboats, navigating the Fast
river were liable under the act
Judge Belts said that, in his opinion all steamboats,
were bound to have iron rods or chains IL The rddr
ana wheels, and that any boat navigating the East
river was subject TO this law
hs ms onor NOR, then adjourned the further hearing Of