New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-07-02

si90 The complainant had been cent By bis employer
In The country 70 this City 10 mare certain payment
but on arriving here soon fell 9th the accused whom
he alleges robbed him Of every cent The accused was
committed by justice BogarI for examination
UNITED STATES CIRCUIT CoURT- Be-
fore Judges Nelson and Betts.-D &c Benz;
Tatiar Jr and others bag .inst Thomas g. lie hog ana
Daniel Snih-1be Court considers that the instruc,
tons TO the Jury, the uia whether new and useful
result in the maouscIuTe Of lead pipe vas prodaced oy
nesns Of the different construction OF defend Nnts ma
chine was OF sufficiently explicit or guarded In me de-
fnition AZ 70 what constitutes new and useiu
Verdict for defendants set aside and sew tiai orneed
Sons against S G. Cornell and J Hicks BIG;cAJord-
Similar action. The charge In this case vas rec.
verdict given tor plaintiffs New trial denIeo, anu
motion for Injunction suspended until amer rerA Vi
the above r ,,.s
psteut for making brick in which verdict was gwen iOI
plaintiff The charge of the Judge was correct IN law
New trial denied. ,.
T1t ipir,d States Hugh Marcel and la PGTte against
Stephen Lm., Daoid Berng1 and o'aTa-hsPfv,n, :,
apparatus for lighthouse, the purchase Pnce OF "licu
was $40 600 and bought by def ndants, az o'ou.
III use sale for non yment Of due' for sou "a tuo
trial verdict given for the uited oAes; mCu'I
il made by defendants for new trial lac Cou,t ~
,bst The apparatus being the property OF me unIea
States imported for their use, (su0Jeci Only W no ~
of Mr. La Pante the manufacturer AZ RAM ~ ao,
subject to import duty, the sale OF Il lor hou =,
of dufas WAS without warrant OF law and VOlo AS 70
newIv discovered Evidence nothing has been disclosed
which could rghtiuly change the verdict 1uus I
for the United States, that the apparatus was
taken back repleyiD, and Injunction against WI
Ia p Erass aat tie Protection Insurance Ca
verdict for 81 O2O given for plaintiff on hfe Poncy
Merton Tor new. trial I No Court considers tnat tue
eo,gs were 90 confused that the case was not prop
erly brought before the Jury Ne" trial granted
plesdings to be reformed.
6o,tsS BehtHR Co. at suit Of william Jud'on.-Judg'
ment for demurrer Plaintiff my ME bill or equity
or declaration at law, as may be adYAed
Thomas Thompson and Others agt HHgh MduTA-
The mpoI talon being by the manufacturers ana owners
of the goods the plaintiffs not subject to penalty o
20 per cent although the invoice prlce we're rssed
over 10 per cent. by two appraisers. Judgment Tor
plaiJth for amount of penalty ezacted And lhtSFest
thereon and for defendant on the other claims
Frances Durand aud Others agt c. ". LdDreRoe.-
On al invoice Of - wines, from France. They were
appraised than ten per cent on lnVJce ann 'uc
additional duty imposed. also penalty o. twenty Per
cent Held if plaintiffs were the manufacturers, the
uena!ty could not be gIpOseC-the Court was not EN-
powered 10 decide Wheeler the invoice or spprasemenL
iepresented the value sbroad-the protests do no!
claim the additional duiy 10 De IegsL Juusiheh' s'
lar 30 the above. t, - ~, -
yencs-On an importation OF Iron Similar points with
the above The Court held mat tue colrcnOn was JUS
, t,6.d In imposing the additional duty ADD penalty
There was novel feature in the case that the iron
was sold by the plaintiffs and the order accepted aao
booked by The stipper several weeks before tue ron
was manufactured and the price, previous 10 Oeihs
delivered greatly advanced. -.
The Court held that the term purchase In the tirlh
and lave bad relation 10 goods IN esse and dd not Apply
TO mere contracts Of purchase by which the importer &C
oured only a right to the commodity and not the tnng
iise The Collector properly rated the dutlss ana tue
value OF the iron at the place OF exporahon wnen
shipped az invoiced judgment TOR defendant on all
the points.
Same sgt same Similar deci'ion
Fop,ks d Bosfh Cornell &NghiH9die, and HtboH,
Colt & BrueD aet some-Smlar SUIT ana decisions.
7asior q Pendieton agt. HYDE and ottsrs-Demurrer
motion il the proper method Of raising the objection
10 the suficit ncy of the plea Motion denied.
Mort. and Carl LowAsteip agt Hugh Mdr"eH-on
an importation of rags from Trieste Ihty were IN.
voiced at Vienna at the valuation at Agram; invoice
raised hove TIE Austrian paper currency al the tue
of invoice and shipment, was deprecated II per cent
below specie value. ...
TIE specie value and plaintiffs entitled II deduc
ton Of II per cent 10 redeem the apprslseneht ne
TERED TO ascertain If toe difference then wosd exceed
10 per cent If 20, the penalty OF % per cent was
uoperly impOst d-if not to be refunded
Ato,botiaB Gas Lfgh, Co agt Hngh MqJ7r6-Io re-
cover back wighers fees and penalty ezacted by the
Collector inportaions OF coal IL was wei.hed
here and invoice eight increased, aud adduonAl du
ties and weghers fees. one importation, and pen
alty of 20 Ger cent additional the other, Imposed
The Court held that the invoice having stated the
weight COAL the expense of weighing could NOT be
charged to the importer and that the act OF l.il or
lss6 does not authorize penalty OF 20 per cent TO De
imposed because of difference OF valuation arising from
the increased weight. Judgment Tor plhnllus loi
amount and II teTest
Tuoktr Straightforward aest. Hlgh Mar'H-Jo re
cover back penalty On increased vautuon on an I'm
potaton Of plmepto from Jamaica Held that the pro
t. st not poibg out the tine and place OF purchase the
| appraisal rightly made at vs!aat.oJ at principal
market at time Of shipment Judgment Tor defendant
! Euradiijon Case The argument on the H4beas
Corpus in the OF Thomas h 'ine claimed under
the AshbuIton Treaty, already referred az, was pro
ceeded IN Thurfday forenoon before Judge Bsus
| Messrs James Brady, Rich ard nmet and Blsteed
Appearing in his behalf Tue principal points are thai
ibe Conmssi, did not have jursdcdon in the case
sso that the evidence was not SUN ,ent 10 warrant his
! FxtrsdjtioD. &c Judge Belts decided that he had a
lght to 20 UehiDd the Commissioner certificate and
e, suT into the testimony 20 WHITTIER orr OF It
was suficeI, adjourned 10 this forenoon to afford an
opportunity to thAt Eject
Il & NApsuaI's OFrICE-( Nntpe Of