The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-09-21
u. =. District Court.


SEPT 2o.-United States Daniel Gorum and Samuel
Bookstirer.An action to the of deficit
in the account OF Nathaniel A. Turner deceased who
was employed as letter carrier at the post office and
whose sure,ies the defendants The circumstances
of the case rendered one of peculiar hardship to the
parties prosecuted there to believe that
the letter carrier Turner had been fouy murdered in
the month of September ls4a and that the object Of the
the widow. left home Wednesday, September 30 to
get some money exchanged to pay to the post office,
and nothing heard Of him until the 9th of October fol-
lowing, when he was brought home dead having been
found in the slip at the foot OF Harrison On
ming the clothes was acertaed that the side
pocket In which he usually kept his money, had been
cut cut and his wallet taken This money lost is the
amount sought to be recovered by the United States
Government from the surees. The counsel for the de-
fendant, Thomas A. Tomlinson, Esq read several law
authorities TO show that the loss having been sustained
by visitation Of God by the hand of man. against
which no foresight could guard the sureties were no,
liable for the loss He appealed to the sympathy of the
court and jurors and besought them, if they could by
mercul construction OF the law, not to visit upon his
clients SO severe penalty verdict for damages. The
Court in charging cited the law applicable to the
case The bond given to the government was that the
maker should faithfully perform his several duties ard
should pay all monies collected by him for the gov
eminent. This latter clause the binding one, ard
which, not being complied with, rendered the suretes
liable His Homer cited the oil the paymaser of the
United States troops who while travelling on the from.
tier with large amount Of money pay the troops as
met and murdered by the Indians who carried of every
cent oithe money Here the securities of the murdered
paymaster were sud, and judgment rendered against
them which Judgment was sustained by the opinion Of
the Court The securities were responsible until the
money was paid and the spirit the bond was that
the government shall be ut all risk His Honor
observed that the Of extreme hardship and
If the judgment enforced by the government il would
be severe and appalng and though Court could
entertain the argument appeal made blythe counscye
II was desired the Court would report the crcumstsn.
ces for the Information OF the government The jury,
under the direction the Court found verdict for the
United States, assessing the damages $l02 81 including
interest His Honor observed that though the jury
jurors could not recommend to mercy, yet in their ndi
vidual capacities he had doubt but that, their
presentation, the Judgment would not be enforced
Ihs Dhtfcd States VS. Three of Goods marked y
LIN this case the United Estates claimed the forfe
ture Oh the threo cases containing cloths cassmers &c
and entered ct the Custom House by Messrs Lfering
Co. French importing house in this city. The claim Is
based on the fraudulent valuation Of the invoice in order
10 derand the Government Of the duty which would be
about 500 u is alleged that the were entered OF
the Cusom House at invoice Of 4a6O francs, being
about ~ cent less than the quality Of goods had
been nvoced 10 other houses Accordingly the custom
house appraiser Mr.. Cornelius Savage, was directed to
make valuation, which he did, making the amount
606o 30 francs This valuation was rejected by the I'm
porters who demanded apprasement, and sppon,ed
in Their behalf Mr. V. Carr and the part oil the Co
vernment was Mr. Hunting ion chosen, and tcy vau'd
the case aor the claimant $500 francs Tor the coVerp
ment IIl7 francs. An umpire then demanded Dntre
fused and recourse had 10 this court TO sustain forfeit
ure The claimants defend on the ground that the IN.
voice entered with the goods was the bona hdo Dill oil pr
chase aud in evidence TO support this the commis
paid the broker in France The case Will be conn
ucd morrow, (Thursday)
For the claimants Mcssrs. Reynolds Platt