The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-03-23

would ~ thai twothirds Of ths allegations sst forth 10
4 ~s s e q sca
rectIy the OF the Foods cost us NO moro
than the invoice price, because the charge distinctly
laid that they were not entered invoicsd ct setu
cost" Hence the government fell into the ssms-
as ourselves in supporting that could legally
cal Instruments a. the Custom House the spprsisss a.
vanced the invoice largely This they, hossver, rs
Hessrs Alexandra were entitled to presume that thssr
invoice within the requirements OF our Aws after
the Custom House had passed - correct tive prsvous
shipments of organs but when the third arrives under
precisely similar circumstance, and invoced % the
amounts the government breaks faith with those
gentlemen by SEWING their and subjseting them
70 An expensive Of law And what has been the
effect Of this great wrong Why nothing more NOR less
sns an q trade
with America for American dealers being let into the
secret Of the cheapness at which musical instrunents
could be produced by the Mesers Alexandra forthwith
made purchases at mere tride above cost The goods
ought to have been seized for another reason.
In compliance with the spirit Of the eighth section OK
the tariff act Of 1846 which authorizes the consgnee
agent TO make such addition Ia the entry 70 the cost on
value given in the invoice to raise the same 2 tina
that before the Of this suit An oher In
writing made to the Collector to acquiescs In the
thereon. You gentlemen Of the jury, can judge for
yourselves whether that evidence Of fraud We
issued BY Aesirs As1andrt according to the custom Of
Partisan Manufacturers and used b. the Custom House
officers in settling the spPr.semsnt, I. NO srterion
vaue that the organs there ratd ct 100 francs could
be- and actually have beep purchased for 4s5 francs,
and the other qualities at proportona.e deductions:
that the discounts allowed by that house reach high
sixty per cent; that such pa sctice Of . nominal
price current was officially known to the govern
ment through their Consul at Paris and dsfegarded
by the appraisng officer and also that such msrchan-
disc has market value owing TO the extremely m-
tied demand, but s sold for what it win bring. Now
refort to few figures will in moment tell precisely
how stand. The invoice is Hxed At $50 francs. Ths
articles set forth in the printed catalogue at
1900 francs. deduction Of sixty per cent would
ducs the to selling price, which would form the
standard or you please market value, and thus the
amount would be 3,040 francs dierence Of only 90
francs less than 80 dollars, beyond the invoice.
Conseq uentIy the matter is resolved into trfing
difference, which the Court has already decided win
not be sufficient to authorize the jury in inferring frau
It is empently proper, gentle men Of the jury, that
you should not lose sight OF the fact that although
you have the power Of rendering averdict in our
favor, yet, owing to the inequality of rights which
exists between individuals and the government, the
former, matter how successful must always be the
in order TO prove their innocence, be to
penses about equal to the value Of the invoice Several
witnesses were examined behalf OF the claimants,
and upon the summing up OF Mr.. Kursheedt and Mr..
Joachmsfen, and the'charge Of His Honor tho Judge,
the was submitted to the jury Having come
twice into Court for Instructions, unable to agree upon
q verdict the Court directed them to bring in sealed
verdict. March 2l.--veraict for the government.
CHANGE OF COMMUNICATING.
The trial OF Edward Brown, called Doctor Brown,
charged with counterfeiting next brought Thu
tried before and fully reported the jury
on that occasion did not agree. It Is stin on.