New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-03-21
CIVIL COURTS.
,,,,rro STATES DISTRICT COURT MARCH N
f,,Jr

,,,,,rrn srATFs DISTRICT COURT MARCH NJ
''''''' Before Judge BENEDICT.
TIE FAMOUS CHAMPAIGN CNNi.' ILL.,. ,,ur,,,
Ire Cp',i states sgt 5lo9 case, q champagne SUI '
A. che opcninr Of the Court Yesterday n,oIIhs
Nj sidney Webster. counsel for cIlhh's H. rial of
the Court assign day OF the present term Ior 'u '
mT courtney United states f: notion saS
that he regretted being compelled 70 Dl to post
and moved the part OF the - ~ naces
pouo the trial a1ti neX e!a rendered such course
necessary Mr. Courtney then Ieau Is lttel loin to
oouDe ~ ~, M san Francisco. witnesses IN SIM
p and could not be at New fOrk NJ TINS Term OF ,c
Conrt ss and that It would be useless for the GOV
1nment 10 proceed the trial 81 the cases Without hc
'' 0a fHs letter he asks postponement
MIR Webster opposed the motion lie sag sIa made "a"
similar notion aud it had been granted on tIo S
condition that the should be tricd ~ the haISn
Germ of che court lie claimed that under tins order ne
w untitled trial at this term Ihat no eBdl excuse
FOR SS a we're eG here ~ great expense and that
Ghese delays veXatious ana ANNOYING anu SiStOu
Mr. C0nrtpey replied that the excuse OF the Govern
mont was only ample, hut was such as Iequieu to
Court 10 postpone the trial of these cases These WITNESSES
ware expeItS and now actually engaged as wit
giving their testimony IN Caliona, anu no
would like his learned friend to inform INN 1y wat pro-
cess-lega oherwse-these witnesses could DC at C
ifcraa and New-YOrk Mt the time. Mr.. Courtney
admitted that the Court made an order that ihese G9se
should be tried at the present term but the legal erect
of order must be considered at this time ia oonee
tion with the circumstances under which the Government
Is situated He claimed that taking the points into con,
entirely by the facts presented here to-day. ,.
MT Fvarts. behalf Of the Government calheu post
pOneInent the ground Of the mavodaDe absence Vi
It's witnesses and argued al some length TO show the pro
priety and legality of postponement , .,o ,,,o.oDt
The Court held that even IN cases ike the present
where an express stipulation had been made TO go 10
trial the party spuatlng could NOT ne Pfesseu 10 ,a u
could positively shown that material witnesses were
unayOdably absent and decided that the cases nlgnS0
OF for the term, providing That the Government snO1
file by Monday next, an ar1daNU showing tHtl mdteIa
witnesses their behalf were unav0daby absent, anu
that consequence they could not he ready ior ti al
THIS term.
Samuel c. Courtney United States DistrictAttorneS,
and VIM NJ. EvaTts for the Government Messis' "oo
TIE United states AIT 1856 800 Cigars L. Bauer, claimant
This was an action brought 10 forfeit the cigars
the ground alleged Athat they were IN t DOSES
sion of the claimant in fraud of the Internal Revenue
wa aud with design TO evade the payment OF the duties
and taxes imposed byi law and contrary 10 the 4oth sec
ton OF the act OF Junes0. 1854 49,, -,
one Cohen that the had been returned 10 the As
SCISSOR manufactured, and had been properly mspeceu
and stamped by the revenue officers Dut ~ was aeseu
that Cohen had not returned tnelh as sou duu M N'N
paid the tax on them. 1T,
Under the law as it stood the taxes were not paid
tn after the sale. -, =, -----... a..
there was collision between the manufacturer ana the
purchaser and that the same not roma nae pir-
but only cover for Cohen On lhe Otht
hand 1t was claimed by the claimant tbat COleh was IT.
the property it was liable to seizure IN the hands Oh
Bauer. M
That II the Government conceded II to he bona nae
sale then the property not liable to cOnscaOn no
matter whether the taxes paid or not IL were no
sale did evade the payment of the taxes as C3nen
liable for them rs be0re-and III either VIC" vi 'Ho
the Government must fal
on motion verdict was ordered lot the ueIeu'' sun
iect 20 the opinion of the Court sc
H. X Phelps, United states District Attorney iOf GOV
srnmont. c. A. Ruuke and A. j. Dttenhoeier fOr claim