New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-05-31

Act of 1923 under wlch this indictment found has We
provides for the ohnse prescribed IN the Act ~ s
and unless the ofenes committed under that act prey
the eeanS caSss thew sr d i are .sSed BY the terms d
Although this clause ia not drawn with pros,,,on,, la,
knowledge OF the legal distinctions between civil aud r
proceeding and Is open to the criticism Of the lsrn.J
se yet we are OF opinion that the meaning and n,ens
Congress cannot well be mistaken. The clause save, No, %
suits aud prosecutions pending, out all rights OF my
Prosecution under any prior Act Of Congress- on sr.ol
This We think, embraces the ofenss. p XIV M.
cured under The act Of 1923 although Is no, referred
terms, II /. embraced in the description. N
The phraseolosy, suits or prosecutionsy AZ usedia
clause intended apparent 70 refer 70 and N the
both cl'il aud criminal cases. the term Prosecution i, @
Greetings With better know edge the clause eond , pro
made more explicit and certain, but doubt !, 10 ~
motion has also been made on behalf If N.
new trs. on the sio1nd OF msd.fecton Of the Cour
There direct evidence that the prisoner pr...,
the bill Of Pfier % the di.bgrsng officer But the ie :.
proved that this bill had annexed 70 Il whs, n,rn
to be order from Pleer to pay the amount o, Il 70 ~
prisoner bearing date Nay 81 1852 that the prisoner Ss
bought the bill and had Il IN his possession previous 10 ,s
time when presented that he had TAKEN steps 10 ye n
cry certified ii having been rejected at the oce sor waEi
prorer cenirate that when again re'ented the y,,
10 by draft check the Assis,an. Ir.u,,, ~
favor OF he prisoner that the check deposited IN ~
oner received the syas Of II. F"'
The Court charged tho jury that IN order 10 use o ~
ohenac was not Necessary tha; the prisoner 'oG lave
presented the papers It the ONCE with his hand-tst h
sufficient II he csused them to be preened aud tl ~
evidence would warrat the coming ron.n.
that he had presented them caused them be presented
in the absence Of sly explanation s1d explanation ~
been given they would probably have very little difcy on
III point We are OF opinion, on fall confederation Of TIE
objection taken to tho charge that Il Il vel founded ~
The motion in arrest and FOX new trial is oyerralet
f. beafeld smith, United State, District Attorney. moya
that sentence be pronounced upon the prisoner
Mr. Eyarts. for tie prisoner said that he had cor,d
Grafton, submit 10 tie Court in regard 10 the pan.hnss
that could be Unlisted under the act Of 1923 since It's repy
tho act OF 1853.
Judge Nelson said that that question had been snep.a
and dono entertained in reference The ster %
The prisoner directed stand and the usual question
20 whether lac had anything TO responded In ne nes,.
Jude Nelson then pronounced sentence as follows:
The oense OF which you have been convicted h,t
can be committed only deiberation and reflection Il
required time and preparafon knowledge Of the business
OF preparing Clm, against the Government and ssi in .
ting the proper documentary proof in support Of hem
Ia fherance Of the fraudulent purpose IL las mona
OF the mitigating circumstance attending crime committed
IN haste, sudden impue or thoughiessness ID
the Of deliberate judgment in choosing between a
tran -Eeson and crime, and that Of virtue, Tespecby,
Beside the ssgrays,ion of deiberaon and reflection a.
tending the preparation ofthe cre-your position Ia society
and wealth used 70 tempt and corrupt the humble
Ignorant aud dependent within the circle OF your nfaene
For months had in Office and employ dependents
who engaged in hunting these claims against The Gov
eminent not only hunting them pat procuring under yoss
direction the necessary papers AID documents to give them
the appearance OF honest aud genuine Claims If there
any Ingredient ofrth In these claims the amount vas grossly
ersggcat-dn many Of them the papers Ia support Q. tho
1 a and the claim itself entire fabrication
Many Of the persons whose used in getting 90
these papers imposed upon-niany names were ored~
many false oas wcro taken indeed your oense involved
its pTpetraon in sHo; every instance before MS the cms
OF forgery and PERJURY Of ohef OF the wages OF which yo1
have been the recipient.
The magnitude Of these frauds upon the Government sp
pang. person witnessing your trial and hearirs the ev
dene IN The case would almost to the conclusion tat
IN. Disturbing officer of the Government In this city
tabshed or tho payment Of false and fraudulent rather ,ssa
genuine and honest claims against it.
There many other ind ctmens are informed already
found against you for similar ofenses For the present. u
ls you viii rot be tried upon themPerhsps aever In
deed hope that during tho period Of the somewhat long
imprisonment feel compelled 6I for this oGense youI
reflections and conduct work contrton and reformation,
abb to satisfy the Government; and the community that p5D.
hnent has already had its perfect work and tst further in
Yea viii realize during your imprisonment tba, tie way, q
the tTanssressors are herd you will be coasey fed and
and elonseow beings who have forfeited by their
all the associations and enJoymens and indeed almost al
charlie. Of civilized sociey scarcely any consolation e
hunbng yourself in sincere sorrow Tor the past and CT res0
Luton Of amendment Of your life in the future
pon Sing sing herd labor or the period Of ten yes
REVENUE CAsES-wHES IL AN ARTICLE so CHANGED
FROM ITS ORIGINAL CONDITION, b. MANURAc.
TURg OR OTHERWISE, AS 10 BECOME SEw
PRODUCT
John 3 Williams ct a. sst. Hiram Barney.
In this case the plaintiffs imported from Londo1
a large quantity Of East India rice.
Il was admitted the Trial that the rice IN question vat
crown ia the British East Indies and had been exported from
had been ned' cleaned In England and prepared !0s
culinary purposes
&C. the growth or produce OF countries beyond the
Good Hope when imported from place this side Of the Cspa
Of Good Hope duty OF 10 per cenum ad vaoteni IN sde
ton the duties imposed such articles when ported
directly rom the plsce Of growth OF production
The Collector the entry Of these goods at The Custom.
House assessed the 10 cen, additional duty claiming st
they the growth, product Of country beyond the
Cape Of Good Hope. The plaintiffs tho other hand,
rice had been beced TO- in England entirely changed 10
Character quality and condition and tina; II thereby becss
and must be treated under the afif avs sce-sse
product Of Enslsnd.
The held that Il. character quality and condition
Mes,r Webster and Craig FOR plaintiffs. Z. Deahsd Smith
md e. A. Runkle for defendant.
WHAT ABE COUNTRIES BEYOND THE CAPE OF GOOD
HOPE
Campbell 81 a. egt. Barney.
In this case the plaintiffs imported from London
quantity Of Calcutta nseed It conceded tia, Cscn.,s
editions duty Of 10 per cent the importation, claiming
hat the growth produc. OF country beyond the
4 lie additional DUTY on tie ground that the article 10 cues.
ion tie growth product Of Great Britain" and that
ira, Britain not country beyond the Cape OF Coed
The Court decided that tie word countries must b.
.rued places and ordered judgment FOX the defendant
Webster ,nd Craig Tor plaintiffs r. Delsteid Smith sndO'
\. Rankle defendant.
ISFRINGEMENTs OF PATENTS.
II. Il. Goodyear ct al. agt. julius ID. Rosenberg.
The agt. Abraham Ober.
These motions for attachments against The shu defend.
nts 10 punish tho Tor contempt o. sssn'o
hem, iobiddng them from infringing the Reissues " the
Goodyear Hard Rubber Patent of May D. 1881. The
notions contested by the defendants but his lonoe
Judge Nelson decided hst they IN contempt nd hned
rosenberg $50 and ODER 100 and committed them prison
uiil the lines should be paid.
Geo d. Sergeant and d. ". Keller fer eonPainsDls VIC.
'rsphagen Tor defendants.
SUPERIOR COURT-SPEclAL TsRs-MAY So-Be,ors
Justice GAKvIS
DECISIONS.
Mary Dibbe agt William A. Dbble, &c.-Mo.
ION denied with $40 costs sbide the the action
Thomas b. Oakley ast. William ). Stakeholder denying
ew trial. with coats to abide event.
George " God Ac John Orser.-Motion for resd1st-
. - 4, .L.ll,h. n.rsl