The New York herald., 1866-12-11
The @ ut S
The Cssssa Hsuss Case-Tmpersant 10 I'm
persers.

Tse Cusssu Hsuss Case-Impersant 10 In-
psrsers.
Before Judge Smalley.
The court opened at half-past ten this morning the
continued case Of Bernhard Haiton against Augustus
chelI having been set down for that hour the pre-
snce Of lawyers present. 1t being supposed that
on either side would be enabled close the case aud
submit IL to the court and jury.
TIE coUar RAISES A POINT is rnE oAsK
Judge Smsey, addressing Mr.. 4. Deafeld Smith,
counsel for the plaintiff, inquired-Have you examined
the first section OF the Act Of March g. 1851 in relation
% this caseS 1t provides "That in all where
there or shall be imposed any ad vaorem rate OF duty
any goods, wares merchandise imported into the
United States il shall be the duty OF the collector within
whose district the same shall be imported or entered
thereof at the period Of tho expectation 70 the
United States In the principal markets OF the county
from which the same shall have been Imported
into the United States TO be appraised estimated and
ascerianed and 70 such value or price shall be added
all costs and charges except Insurance. and including IN
every charge for commissions at the usual rates.
as the true value the port whore the same may be
entered, upon which duty shall be assessed" What
evidence haye you In this Of the actual cost When
it admitted that Phillips Report OF The general average
the actual cost ought you not 70 show what the actual
costs areS In cases where It Is agreed that Phillips
Report shall be taken the standard that may be evi
dence OF the cost unless II Is 80 agreed for aught
see 1t will be sary to show what the actual costs
and charges paid bv the importers were and them II
lees than the imposed by the Collector the dier
ence must be refunded.
Mr. Smith, mud supposed that Phillips Report would
frrpsh the crit ,rion and that would be ,essary
70 give further evidence IN respect TO IT,
Judge Small y It is agreed that the facts to be
taken as CORE ,ondng with that report would be
necessary; bu upon Mr. Phillips own evidence that Is
only general average upon which the Custom House
may vefy properly act, but which they liberty TO
say they viii rep1dlate They are not bound BY il
Mr. Courtney United States District Attorney counsel
for the defendantI desire 70 call your Honor's alter
tion 70 decision by your Honor upon the question OF
Phillips' Report
Judge smalley-I cannot believe that decided that
Phillips Report evidence.
Mr. Courtney-Just the reverse and brought II here
TO show that In the case refer TO it was expressly
agreed by the parties that II should be taken as evi
dence, and it was upon that ground your Honor re-
ceived IL.
Judge smalley-That say now, that ii is only by
mutual agreement that the report can be admitted as
Mr. smh-If fear this point is taer, to compel US to
prove the actual amount OF charges paia by us cannot
q in. Mr. Haton is in Washington, and cannot be
- before tomorrow morning
Judge Smalley-if you require time to produce testi
mony under the circumstances OF the case Twill post
pone H. and give you time for that purpose can read
" how might naturally be led into error, for in
many other cases Phillips Report received in evi-
dence but always by consent Here, however, the
District Attorney Is acting under different Instructions
and he is bound by them TO raise all the legal questions
Mr. Courtney-Yoar Honor heard my instructions resf,
In which am directed TO raise every legal objection in
Judge smalley That is clearly your right.
Mr.. Courtney-The only difficulty is with regard to
this Phillips Report which was got up as mutual con-
venience bety VI Ogden and Mr. Phillips and
had any bint force upon the Treasury Department
/ prepa cd 10 low letter from Secretary M,Cnl-
loch this question, repudatng the whos subject as
based upon this report.
Mr. Smith--If the defendant here individual
and not the government and could show acts and ad-
missions and directions, such as show, your Honor
would not hesitate TO hold him to them
Judge Smailey-phiIips Report is not in evidence
except by agreement with tho party. The District At
torney win acrce; and then the only question Is, il
you want time furnish evidence 1t will be granted
yOu. ED
Mr.. sm'th-will your Honor postpone the case till
Wednesday,
Judge Smalley-Yes.
Tne case was then postponed to Wednesday next, Tho
18th inst