The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-11-24
Important Bremen Currency Casc-IIow
Payment Of Duty is saved.
UNITED STATES DISTRICT COURT.
naso.n He, Y.y.n St;r.

DtioIe Iioh. Jce Be GhlpnaH.
United States rs. Three Hundred and SHY Cases Of
Hosiery, marked II. v. and z. s., Ftnschea If C,kart,
claimants. was proceeding brought in TIE name
the United States to forfeit three hundred and sixty
Of hosiery imported by claimants and valued at
SIS 0O0 On entry of the merchandise in question the
Custom House the claimants presented invoices stating
the price Of each item Of hosiery in Prussan thalers
and the close OF tho invoice extending those thaers
into Bremen thacrs Of ~ greats athe rate Of 111is
Prussian 100 Bremen halers entry at tho Custom
House these Bremen thaers declared by importers
to Of tho value OF II cents in American money On
appraiscmcnt, the number of Prussan thaers pro-
nounced correct but the number Of Bremen halers de
clared on entry less than real value The official returns
showed that the goods seized upon the ground that
the invoices falsely extended, and made up with in
tent to evade the payment of duties justly chargeablo
thereon II was proved on the trial that the goods in
question were purchased in Stolberg, Saxony for tho
claimants in New York; that the customs officers on
visiting the store of the claimants, found the original in
voice o! the goods as bought in SSony and that another
duplicate invoice was found there both differing from tho
presented at the Custom House although the number
Of Prusian thacis stated in the first two the
The claimants entry made oath that they had no other
invoice whatever than that presented entry. 1t was
made appear ut the trial that while the Congress
of March 3, 1872 fixed the value Of the erik dollar Of e.
men to be 1874 cents OF our money the act of March 3,
1S43 fixed the value OF the thaer of " greats TO
be II tents, and that the two coins were the in
value in Bremen; that there in fact Bremen tina
Ter distinguished from rx dollar 1t proved that
the claimants, Henschen & Unkart, reinvoiced their
goods in Bremen, put the Prussian currency Bremen
lhalers 1874 cents EACH and then the Custom House
entered thalers at II cents thus saving two thou
sand dollars in value and some four hundred dollars in
dnty.
The United States claimed that tho invoices ,resehted
on chtry should net have contained two currences on
their face: that putting the Prussian currency into Bre
balers on the invoice made II false, and that the
keeping back the Saxon invoice entry taken with the
importers entry OATH and the value Of Il cents to the
thaier declared on said entry by claimants proved that
the made with to eyade the
Of duty and under the fourth section tho act OF 1880
forfeited the goods. II claimed that even il the ex
tension correct STILL If made with intent to deceive
and to evade duty, II would be forfeiture
The claimants replied that the Saxon invoice was but
memorandum of sale that il right and regular for
the importers renvoice their goods in Bremen when
in ransitu to the United States; that thore was no
differentiation In invoices, because the correct num-
Der OF Prussian thalers was given and that although
Henschen Unkart, In Bremen, valued the Bremen cur.
rency at it's real value seventy eight and three ourths
cents, they had, under the OF Congress OF 1848
right TO say that value was but seventyon cents, not
seventy eight and three fourths cents.
The United States answered that whatever a bona fds
purchaser in Bremen could DO was clear that importers
buying goods elsewhere and In another CURRENCY could
put their purchase into Bremen currency at all and
certainly not at one rate seventy eight and three
effect Of the doctrine conended for BY importers II
countenanced by the United States would be to have ali
goods renvoiced in Bremen to avail OF the bunder and
save eleven per cent Of duty.
The case was on trial four days, and holly contested
the counsel for importers proceeding the theory that
there was nothing for the Jury 70 consider On the third
day at close Of the testimony the Judge declined TO hear
the claimants counsel and asked the counsel for Tho
United States upon what facts they proposed go to the
Jury. The government insisted upon going 10 the Jury on
all the facts, and the Court finally permitted It,
Mr.. OConor summed up the case in an argument OF
than an hour for the importers, aud Mr. Sidney
Webster closedfor the government.
The Court in Its charge threw out OF the casahs ORR
einal Saxon invoice and there was no fact which
needed " 10 submitted 70 them, except ths Suasii0p did