The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-05-18

certainly take skill aud ability 70 elicit what We
claim ID be the ruth Of the IL is therefore abso
luleIy necessary proper trial OF Mr. kohnstamn that
mr. cousse1 SHOULD have The benefit OF Mr. Eyars'
therefore ask the Court 10 let the stand
ever t the Mr. rho will certainly be here
20 morrow the day after. Alter brief consultation
With Mr. Evars viii ask the Court 20 name an early
day, and when we can commence the case ana tIy -
with such despatch as tie Importance and the numerous
witnesses who VIII require 10 De examined VIII permit.
% impossible for us 20 go 30 trial this morning
The Conrt-What rs the indctmentf
The District Attorney-The indictment was onnd "a
Jsne last nearly year ago. for presenting false CLAIMS
and vouchers, and obtaining the money on the Same
fne indctment IS one OF some foriy-seven indictments
for frauds nvolvng some two hundred tnousaa uo's,
IAere was no time TO prepare for trial n the April term
hui tbe case was moved by tho government AZ the first
meeting Of fall but Judge Shpman put ne case
has again moved ON before your Honor when your
Honor the prosecution TO select one OF the ndct
.enls unon which to try tho defendant. Mr. Eeebe and
copy Of the indictment selected furnished to them IL
finally moved over Till this spring term There are
Witnesses from Hilton Head several from the army,
whose services needed IN the field, but whose
presence here 10 demanded by the importance OF
she case. There witnesses from Pennsylvania
and from other States and number OF them here TO-
aay expecting TO be examined The defendant Is repre-
eented by Mr. Brady, Mr.. Beebe and Mr.. Choate, and
with tins array OF talent they yet ask to postpoue the
trial further The Of great importanc The
Frauds out OF connected win me war
6hment should be prompt The expense IN preparing for
she trial ~ very large two contnuances have already
been given and hope third will not be asked for.
MIR. Brady said there time when the prose.
euion ready for trial till this moment at least the
ooon of the court time such that it could DC
Sied They had idea to put IL of for the term; but
vas certainly due to Mr. Kohnstamm that his present
ore they take final action In the matter. All they were
anxious for TO secure a fair trial
Mr.. Perrcpon, for the prosecntouWe have not heard
suggested TO what day they propose il should stand
ever.
tGGy Jhntu IN nndnv thn r,rcn 1nnsa
The had been formally moved. IL called
court and the District Attorney had been directed
70 select indictment for trial. Himself and Mr. Brady
attended in different mornings meet the Dis
ict Attorney but they had not the pleasure OF meeting
70 consult with Mr. Evarts, which very important 70
the Of their client
The Court-This indictment has been pending nearly a
yeer The case was or great importance no doubt
hui IL not Of that magnitude which counsel would
represent II to be. Tie offence itself is simple one,
requiring no great preparation, or any extraordinary
talent for the proper management of it, was charge
c gaming by false pretences, false vouchers, and
the might have been tried in the Sessions the lowest
Wimpa tribunal The counsel engaged are quite equal
70 IL without the aid OF Mr.. Evarts
Mr. beebe-Ailow me 10 suggest your Honor
The Court-No, have decided; can have no cavil
about II. s9f +
Mr. Beebe--How do you fix the day3
the Court--ThIs moment.
Mr.. Beebe--We not prepared.
The Court cannot help that will order Il on
Mr.. Beebe-1hen, your Honor, cannot be in IT, Will
Dot try case in which am not prepared
The Court-Fhe case remains with the District Attor-
Ell n ns ready and you have nothing to DO but to
Mr.. Beebe-Nc, sir unless IL goes over.
The Court cannot help the is settled.
The case was then proceeded with
Tire prisoner, Solomon Kohnstamm, is indicted for hay.
int d. Of sua 80
oursing cfcer OF the United States, certain bill
charge in writing against the United States. owing TO
Lewis Peier thousand three hundred and sixty
ok dollars for ratons and lodgings furnished number
recruits Of the Fifty eighth New York state Volunteers
Company +, commanded BY Captain StonehilL IL is
charged against the prisoner that be knew tia,
the account was false, and that he presented il, or
saused IL to presented the dsbursing Office with in
TENT deiraud the United States knowing also that
sum Of 500 only due to Pfefer. It alleged that
some 5000 900 were drawn by Kohnstamm within the
course three months, and that twenty five per
cent Of that sum was drawn upon false certificates and
vouchers There great number Of witnesses to be
examined, and 1t Is expected that the will occupy
The Court the whole Of the week. IL will be resumed
tomorrow Wednesday, morning.
IMPORTANT DECISION UNDER TUE INTERNAL REvE.
NUE. ACTS B0NIBLACK CHARCOAL!
Before Judge Hall.
Richard B. Scsriefcy ct al. Us. Alfred N. Wcod.-Ths
so was brought 70 the amount certain dues
paid under protest. to the defendant col
1ector Of Internal part OF these duties
enacted upon certain quantities OF animal charcoal,
boneback, made produced by the plaintiffs by the sim
plo "process Of burning bone exposing TO
nre in the that wood is exposed TO the
action produce vegetable charcoal and the resi-
due upon certain quantities OF bone dust. II was con
Ans in their business, as producers OF bone dust,
was and Is the process Of pulverzing or grind
ing, by which bones pieces Of bone
reduced TO small fragments OF regular uni
form shape size" IL insisted by the defendant
shat these articles OF charcoal and bone
smanufactures bone . which charge
able with duties while the plaintiffs insisted that they
not manufactures OF bone, and also that the ami
mai charcoal manufacture of bone il
less exempt from duty because charcoal specially
exempted duties by The act OF Congress In regard
first question II argued, behalf or tho plain
sins that there obvious distinction between
natural process and manufactures tina, the latter in.
voIyes the idea Of series OF natural processes and or
abe result OF and ingenuity man. and that this
distinction is recognized by all the photographers
their definition OF manufacture, and also in tie popular
OF the terms manufacture and and that
We do not call woodsawyer, a miller, who merely
srinds into meal, without boiling it, a
manufacturer II is true that do no. rdnary call
woodsawyer manufacturer, and that we do not usually
term miller, who simply gruds in his mill, a
manufacturer but this Is probably because the exact
character OF their business is more clearly expressed by
the terms wocdsawyer and miller than by the more u-
definite manufacturer OF wood and manufacturer
OF meal, and because their operations usually
quito limited We do not ordinarily apply the term
facturer whose operations limited that OF
woodsawyer when great quantities OF salcsbc art
cee produced-even by the single operations OF very
simple niaGhnewe frequently not ordinarily, speak Of
Abe operation as a manufacture when large quantities
sf kudug made by splitting blocks OF wood by
machinery adapted TO that specific purpose. do
hesitate 70 speak Of il as manufacture Of kndng wood
establishment where very large quantities bone
S are o by Sy
Of bone dust We speak OF the manufacture OF salt when
produced by the single operation OF boiling. by
solar evaporation and whenever article OF mcrchan
disc having distinct name in the trade aud commerce
Of the country, Is produced by machinery by chem
cal process, from any material materials, having
o different commercial name from the article
produced, we may generally speak OF the ope.
ration by which II produced rs n msnufac-
cure. II we look 10 the definitions Of the manunc
ture, both a and q verb, given IN stand
ard dictionaries IL will be that those definitions
broad enough TO include the Manufacture of bone dust
and Of bone black when produced the modes adopted by
she plaintiffs Among the definitions OF manufacture
tranh y 1hp tt0n inf Nretn
materials OF any Kind into form suitable use, by
the hands, by art or machinery Any thing made from
materials by the hand, by machinery by art" g.
"1o make or fabrcate from materials by the hand
BY art machinery and work into convenient for
use - T. ITO work raw materials into suitable forms
for usen Worcester has the definitions 10 sub.
stance, and similar definitions found other dicton
Bone black and bone duat with their proper deln
sons found both in Webster and Worcester and in
ether modern dictionaries and they known in trade