The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-18
THE c CURT S.
vMlTrs STATES CIRCUIT rcuHT.
Giose Of the Great Revenue Case Verdict
Against the Government.
BEFORE Judge Smaley,

S,iose Of the Great Revenae Case Verdict
Against the Governments.
Before Judge smalley
In ths case Of Bernhard Hutton against Augustus
Ecne counsel onher side having closed the testimony
and their arguments the Court reviewed the points Of
w involved and submitted the question Of fact 70 ths
fury. In his charge to the jury he said
esxsrLrnEs or THE JrRY-This is action Of assump-
en- drought by the PLAINTIFF against Augustus ochell the
AsfendAa formerly collector Of the port the PLANTING
nsn a' me psy%sns Of ssn sss
Sheir protest, the amount OF which they now
,ssE 2 recover Mos. Of ne questions n , The
has disposed Of there are however three questions FOR
you gentlemen; and, although in ordinary cases or N
% ordinary case might be disposed TO instruct jury
70 return verdict upcn the evidence am NOT 80 ans
&ayins The unbiased opinion 81 the Jury upon it. The
rrst question for you In the amount OF COSTS ana
charges winch the plaintiffs we're compelled 70 pay inc
collector tho entry clerk the Custom House uus
~ collector for he ID responsible for the ocai acs 9!
A6 sobordinase In Of the amount actually pald
sent Of which they prOtestsdf If this then the
sxacton over and above what was actually paid ~ tnem
were Illegal dsties and should % Rounded In's -
Der that the plaintiff, Mr. Hutton, testined shat ne
paid nothing; while the bill Of entry shows tnree
hundred francs had been assessed, and on which
he paid duty There are various other Of the same
ANA On this point there s no IN me tessi-
viii probably have little difficulty in finding the fact
Mai tks amount sxaoted Al the Custom House duta
bio and tho charges liked on the entry were greater in
amount than the sum actually paid and " 10 the duties
thus levied should be refunded II satisfied with the
evidence the plaintiff this point You win find
verdict upon IT, The second question ". what was the
usual rate Of commission these goodsf The most Of
these goods came from Continental Europe You have
s 90 n Of House,
That the usual rate OF commission from Continental
Europe was two per cent excopt Paris which was three
Der cent Great Britain one and half per cent From
The papers here appears that, In some cases, they
raised 70 three per cent on others to
Two and haf Pc, cont For FOR years. ears e now
But it s mmateria what the plaintiff paid-m he paid
i've per nothing the law provides for the pay
pcnl or duties at the usual rates Of commission II two
Dsr cent the usual rate OF commission and they
rsaed it 70 and half then the duty In upon
funded. That n question Of fact for you. The only
ether question lie how came these additions 70 be made
The cBsresf You heard the testimony Of Mr. Hutton
of Mr. Moore his Custom House clerk, that the
txee all dupcaed and all introduced here and the
svideuoe that various charges added
sons added and they state that these additions were
compulsory and they At the time protested against
thsm and insisted that they should be liable
W recover them back; that these additions
Illegal and exactions They tell you the
reason Of their making these entries-"by
eompueon;' that they mad been repeatedly refused at
lhe Custom House TO receive them unless they did put
Them m and they put them in simply 70 get possession
Of their goods. SIR Hutton testified that at subsequent
period they changed that system, and would not allow
Them TO put in the words oy compulson, and Il they
Ad they would not receive the entry, and they changed
the words "by compulsion 10 the words .as required
and then they passed fyou believe that this was
the in which the additions made 10 these
invoices and entries then The exac,ions were
Illegal and paying these duties was not volun
tary their part but forced upon them; for
without paying them they could not get their goods
II you are satisfied plaintiffs testimony that they
paid these and charges for the purpose Of obtain
Ing possession Of their goods and that they could not
get them without payment, then they pau II under
Lgas duress-,hat is il compulsory action Their
yart and they have right to come into court in
eciion To this illegal exacon These ara the
emily questions for you. II you ma for the plaintiff
each and every OF these questions you VIII return
verdict for tho plaintiff and u do not find each
feRdant
Tho Jury retired, and after few moments came again
INTO court with a verdict for the plaintiff.