Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-02-17
U. =. District Court,
Before Jndoe Bets

The United States rs. fire bales of cyoM.-IHos.
Vood, claimant The district attorney stated the
case to the jury The learned gentleman stated that
the information charges that the goods being
TO an "a rdlorem duty were falsely invoced at less
than their fair market price, and that the
had been made up with intent to defraud the United
states The learned gentleman adduce ed the follow
ing testimony;-
jeremiah Lounsberry, examined i am an APP
praiser in the custom-house, and all the woollen
goods come through my department ! examined
the goods belonging to the invoice now produced;
when package is marked damaged we usually
open It, cannot speak to of these in partc ular
but to my usual custom. Ii is a very common thing
for package to be marked damaged The goods
in bale "a marked q, containing blue cloths were in
voiced at Add, and we valued them at Sod. The
agpraisement was E5S lbs. Sd; the invoice f47
A b. Mead, examined.--I have been an appraiser
nearly twenty years, and enjoyed much opportunity
OF arriving at a knowledge Of wooen goods. The
invoices now produced arrived with shipment Of
woollens per Independence in July last. Ihaye no
doubt but the valuation low enough even though
the cloths may have been /" somewhat specked''
We examined with special care at that time for
certain reasons. We recollect overlooking those
goods, which have the marks of here; they were
afterwards re-appraised, but by whom do not re-
collect.
Mr.. Griffin appeared for the defence, and said that
his client was charged with perjury; but that from
the irrcfragabe testimony he should adduce, il
would be the very pleasant duty Of the jury 10 find
verdict for him, and thereby relieve him from the
odium which had been cast upon respectable young
man by this custom-housc seizure. The learned
gentleman then proceeded to read several depostions
taken in England, by a committee sent out by the
District Judge.
The first deposition was from William Rob;n.oo
Of saddleworth, Yorkshire, WHIT swore that he had
sold the goods IN question, to the claimant, at the
price which the invoice represented. The deponent
also swore that the goods were packed by him, and
not changed from that time until shipped The claim
ant had bought them on his own &C count and they
were not shipped on commission. The actual cost
pb.dxv h. bar H..
voice, and was the actual price which the goods cost
at the place Of purchase, for cash and il also was
the market value for said goods. They were spcki-
ned TO the extent OF 10 per cent. There diff
ference in the qualities of No. ~ and g. although
one was seized and the other passed, Yet a pair Of
scissors had merely been used TO divide them.
The deponcnt also swore that he had entered into
contract with the claimant to sell him goods at the
lowest price for cash
One Of the questions put to this deponen was lit
tie singular il was, "what is your notion, or sense
OF the obligation Of oath, in Custom House pro-
ceedings." TO which he replied, know Of no diff
ference between that oath and any other where am
engaged 20 tell the whole truth etcetera."
The other deposition from the father Of the
claimant, and related TO the order for the cloths sti-
puating TO low prices and enclosing bill of ex-
change for fl, sterling 10 pay for such shipmen Mt.
me testimony OF this witness, as to the cost III the
said goods, was quite as positive that Of Mr. Ro-
bnson.
The dispositions Of James Rhodes and Samuel Boz
were were also read, but they contained nothing
material. The claimants counsel then rested his
case. The District Attorney produced two import
ing merchants. who had appraised the goods after
seizure, and they both said that some over and
some under valued in the invoice.
For the claimant a Yorkshireman named Ralph
Rhodes testified that he had recently arrived from
the cloth districts in England, where he had been
gagged in the woolen trade the whole OF has life. He
had examined the cloths since his arrival and thought
hat he could have made and sold them at the same
prices
The Jury found verdict for the claimant.
For the United States, the District Attorney. For
the claimant Griffin, Senr.