The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-11-30
UNITED STATES DISTINCT COURT.

O[4S Late Preston Kinx1Actson TO Recover
Fees, &c, OF the Coilectorsiip Of This
Before Judge Biatohford.
Merriam Epecwor Of Preston King. Us. Ctinch-This
ston already reported In columns was brought
10 certain fees and smolumsus arising from the
olecorship Of the port Of New York during the time
that interviewed between the death Of Mr. King and the
lterval Mr. Cnch had performed the duties as acting
cector and he claims 70 DO entitled to tho fees
nn that period IN his own right These fees amount
about SGT 0O0 and the plaintiff says that they should
TO tho estate OF Mr. King. The further hearing OF the
matter was resumed yesterday At three O'Clock before
Judge Biatchford, sitting In Circuit Court
Counsel for Nj. Clinch commended that the moment
M King died. all claim by him upon the Office or col.
setor ceased and that was preposerous to suppose
Counsel for the plaintiff argued that Mr. CIpch was
not In any sense officer OF the government that the
government could not bring action against him for
mafsasance in ONCE, a. he not appointed by the
She time being he was. and that this being So he was
responsible to the estate for the fees and in
question, and whish Mr. Cnch would have NO right TO
receive uuess he were the direct authority Of the
United States performing the duties Of Collector Of the
The arguments having closed Judge Blatchford took
the papers and reserved bis decision.
ImpOrtant Internal Revenue Case.
1he United States o. Twenty-Five Barrels Of distilled
Sps seiscd al 81 FRA auenue-Ths case which, at the
instance Of the claimants counsel. adjourned over
nom Wednesday for the purpose Of hearing further
testimony Was resumed yesterday morning. One wit
asss was examined to show that he clerk in the
employment OF A. Gropp the owner Of dstilIery pre-.
cusly seized, paid tax upon whiskey which had been
sold and delivered 70 sternheimer and Aronhomer tho
rscners, and claimants this case This witness was
ssexamined BY United States District Attorney G.
Courtney The claimants counsel objected to the line
cross examination pursued by the District Attorney
Judge Blatchford decided that
nouid Dc allowed In order to show whether not the
~ nao been paid upon this particular lot Of whiskey
The testimony on botn sides having rested Mr. D. G.
1Mdsal summed up for the claimant and in the course
os his underworld 70 impeach the testimony
q James Kelly - that OF an iniormsr who had con-
ired to get the twenty-five barrels or spirits delivered
= ny liquor store In First avenue in order that in his
cnaractcr Or capacity Of informer he might pocket the
!, reward held out BY the government He Commended
upon the evidence given and the testimony Of his
forfeiture and that the business OF rccters carried on
by sternhemcr Co. iair, upright and legitimate
hr. D. 9. Birdsa was followed By Mr. Courtney. on
re part OF the government Judge Blatchford charged
s.s jury 5cv,swing The evidence, and submitting the
q lay raised By counsel for decision At another time.
me jury retired ans q Ten minutes past two O'Clock
tured into court with decision for the government
Mr.. D. c. BrdsaIl, for claimants, gave notice Of ap-
pea and the court granted star OF twenty days for the
zSs Uni.sd sais. Sis BarrsL Of Distilled Spiriss,
&xnd al Fourteenth street and Eighth avenue--Mr Rol-
lns Assistant y. 3 District Attorney briefly stated tho
dasc, which that Mr. Orton the revenue officer on
duty seeing the barrels on cart suspected they we're
pet All right; ne stopped the carl, and examination
fbund that i've Of the barrels Improperly marked
nnd ono barrel not marked at ALL whereupon he seized
them.
Nr. Browne, counsel for The claimants, Msssrs Pike
Co., stated that the goods seized whilo being
transported from the bonded warehouse one district 70
The bonded warehouse Of another that there was NO
intention OF fraud entertained in the transaction.
The District Attorney, in summing up, claimed that
The goods forfeited because they bore no marks
Indicating that they had been removed from bonded
warehouse, and Judge Batongord in his charge sus-
aiDcd that construction OF the law The jury, without
leaving their seats, returned verdict for the govern.
nsnt.
Mr. Browne for claimants gave notice OF appeal and
NE Court granted stay Of twenty days the pre-.
v1ous cess.