The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-18
THE couR S.
UNIFIED STATES uisTSIcT COURT.

ma Ua,,,o stahs u.s. 1909 Gases Of Caapspage-Henry
81, Mareeanx claimant On tho opening OF the court yes
aav Mr. sidney Webster continued his address to the
,.rv IN the part the claimants interrupted by the
asiournment on Friday. He reviewed great length
the ac4on OF tho government and the Custom House
authorities the time from which the suits against the
claimants date. and the personal interest which in.
aoenced the parties in getting them up He disclaimed
any feelings the part the able counsel who
proseca.d on the part of the government The ltiRa-
before the country, and 1t the simple
duty of counsel either side TO put forth their best
ability behalf OF their ciens Although opposed by
the eminent counsel who confronted him, he had no
hesitation in saying that he would present before
the jury supported by testimony from the other aide,
that would not fail in willingly drawing from them
dict behalf Of his client MIR. Webster having
euded very able and well digesed address, based upon
The law and the evidence no proposed to call his FIRST
witness:-
Richard II. Teller examined by Mr. webster-was an
Assistant Appraiser in the Custom House in 1862 in
connection with Taser had charge also Of the
and liquors; had been in the government employ for
sboat twenty years. first examiner and subsequently
appraiser but was nearly all the time in charge of
the wines and liquors; from 1916 to 1861 when left
the invoices OF champagnes and other wines passed
through his hands, and was we'll acquainted with the
commerce and trade IN champagne wines; knew the
house Of 81 Marccaux Co., OF Rheims from examining
treir invoices In the Custom House. knew their agents
sher France they imported country,
ascertanng the market value Of l. there for the purpose
on the wines was in 1853 O. State what was the for
sgn value in 1868 Of the different products OF wine i'm
ported by ST. Marceaux
Mr. Evarts objected, and suggested that the invoice
sself which the actual appraisemen was made, be
produced.
Mr. webster-The witness can state from hrs recoec-
tion
Mr. Evarts-N Is not adequate.
Examination resumed. To Mr. Weoster-l remember
the prce at which passed wne IN lS63-thiriy francs
Tor the ordinary.
The Court-rhe evidence would have no relevancy
unless tho wines were the same In quality the wines
In question.
Mr.. Webeter-We propose your Honor, to prove that
the wines Imported in 1868 similar TO the wines in
ths conference.-the wines now under seizure.
The Court-Tnc rele, aDcy with testimony this
peni is only in the fact that the witness passed upon
those wines on the invoice OF St Marceaux a. Co and
that they entered the invoices enough for the ques-
non OF intent and good faith Therefore the question
wiz be overruled until the invoice itself i produced
ExauLnation resumed--To Mr. Webster-Know the
value OF the wines that St Marceaux Co.. sold in 1868
in Rheims
had not land foundation of knowledge TO be consd-
cred an expert or to be crossexamned expert
abe testimony he had yet advanced or might advance
Question withdrawn-Witness had ascertained the
purposes Of apprasing aud fixing the dutiabIe Of
these wines OF ST. Marceaux the value of said wines by
comparing them with other wines and by the market
vaine they brought in this market-the price which
they brought hectnat is the wholesale market value
here making inquiries and Investigations as to the
rekve value OF those wines for the purposes OF apprase
ment from 1916 10 1868, made inquiries through
merchants from the Of the exporting houses and
from examining all the various invoices OF the different
wines passing through the Custom House; knew the
market price OF champagne wines like those OF st. Mar
ceaux IN Rheims in 1864
Mr. Evarts objected asked Court to pass upon
his objection permit him cross examine the wit
moss on this or parte testimony.
the Court-DId not think that foundation had been
hid TO examine the witness as an expert TO the
hot value OF the wines abroad from any inquiries he
nads or his source Of knowledge as TO the value Of the
Mr.. Webster-Your Honor, the witness has answered
from long experience In champagne commerce and
Investigations appraiser, a faster and examiner
faithful discharge Of his duties appraiser for
many years IN determining the market value Of the
the Court-rhe mere knowledge of the market here
Mr. Webst er-Your Honor ask the witness % TO his
knowledge OF tho price Of these wines in Rheims
Mr. Evarts-The witness speaks Of Information cleaned
~ him here. Granting that 1t was good 80 far a. Il
won't the question hero arises whether any merchant
here can DO an expert or give opinion the prices
Mr. Webster coniended that the general tendency or
the rulings Of the Court In these that testi
mony based inquiries ~ 10 the market value or these
vinos In Rheims given particularly q like this
which tho witness has over twenty years. experience
The Court-The testimony on this poin, is very re-
mote.
Mr. Webster referred to the cases tried in California
the judge admitted similar evidence 70 prove the
The Couvt-That IA not the question; when Il comes
up u will DO time enough TO dispose OF u.
Mr.. Wobsterrhe question h 20 provo an undervalua-
ton either this port differentiation foreign
Port witnesses were called on the part OF the
prove undcrvauasion and proving this the
burden Of proof thrown claimants explain
the circumstances under which II was made That is
the ordinary practice.
the Court-on The whole. think the evidence rs not
competent Exception taken and noted.
Examination resumed-John webster-Estimated and
appraised the foreign value OF the wines described in this
involce-threc hundred cases Of champagne brand Of
81 Marceaux the invoice value, that Is foreign value
" 30 francs for quarts OF carte n0tr and 33 pins;
sscer.aned tho foreign value Of the importation, ana
N Sof m iuvn N ix
importation per Tasrnan September 1853 the date OF
entry b 18th Of September 1861 the invoice signed by
81 harceaux Co. recognize the signature. tIhe wit
ness Identified other invoices for different importatons
Of vine OF ST. Marceaux OF noir carte blanche and
Royal ST. Marceaux, all included In the case.
Q State the basis upon which you based your
prasements Of these wines up your retirement from
mr. Evarts objected the question as too general.
Mr. Webster-Q. What did you do to ascertain the
wnes7 A / would have 70 take up another wine TO
ssii how got at the valuation. y State briefly
ssisned myself that The price ., which hey we're in
voiced was correct, both from the information l
qualify OF the vines and from the actual prices OF the
wines In the Market and from the data found that tho
wines In question correctly invoced
The witness crossexamned by Mr. Eyarts-I
understood you 70 say that Jon got at the foreign market
value by taking the homo market value here the
market value OF these wines, and working backwards
from that 20 the foreign market valucs A. And from
The Information received from other parties from
shoss wines al home and abroad. and ali these
sources OF information brought me calculation
70 the results In the invoice: got my nforma
zion from dealers the article Understood very well
ahat the specific wines OF these claimants had foreign
market value which they could be bought In France
found that value 70 correspond with invoice though,
70 for the stated aud that people told me
the last time made examination into the question OF
the value OF champagne wnes OF their market value,
was In 1861. when general apprasement was made on
the relative qualities OF wines And oil the invoices
that you passed In 1861 aud 1858 passed. matter
Of course, from you supposed you knew upon the
subject, and not from any examination made a. the
timey A. made thorough examination in 1851. q.
And you based your subsequent operations THAR A.
Yes,that sppraiscment held by two general mp.
prsisers-tha, apprsiscmsnt - now in court @ Ard
all you did passing these invoices of champagne dated
back TO what you did In 1907 A. Yes.
Mr. John y. Hogeboom examined by Mr.. Webster
Was general appraiser ut this port made reappaise
rncnt IN association with Mr.. Doraace, Of champagne
wines in 1854 witness recognized his signature aud
shat Of Mr. Dorance 20 the reappraiscments alluded to-
fprel no rear prafe SO n