New-York tribune., 1867-06-18

in the careful and correct manner Under the sur
licce oI certain wines. 10 those prices were Ior me hu7
voiced tier wines at less price condemnation ough 20
follow hui tt not tine ease; that letter referred 20
the value Oi the wines 90 ascertain the amount
ceiyed by Tie ipuor after deucno the commission of
the agents iu the respective countries and various uhcrcX-
pcuse The price o wines depends pOn the demand: the
demand upon the rcputou 0f tie wines: TIE reprt ton
10 great extent. upon tho vsor with which N Is pushed
by commercial travellers agents In obtaining orders
through these agents great Cypeuse rs incurred on ac-
count o the hbcrg! manner in which bottles opened
FOR customers 10 TASTE E being estimated that this alone
Any price, therefore which predicate the assess
ment OF duties IL difficult always TO determine. As to
labels on wiDrstLe are often counterfeed and pgced
market value OF the wines in Rheims. That's the question
according TO the prosecution arising under the statute
There three questions for you pass upon First the
actual market value an Rheims. Second U inyOiced
below that actual market In Rhelmsl II lt was then
IL can be condemned otherwise not. And this market
value must he found as 70 tme-the market value at
tie time imported he then asked the iury how they
would arrive Gt this market value. II one viii buy a
thlus n CcIin place. u has no market value there IL
may have market value In another place. but that
make market value. letter. stating prices with sale
ensuing, does not make market value. in order 10 de-
e!miuc market value, you must take into con ider0ton
All The elements entering into the making OF sale. The
aompt oi Marshall 10 buy wine nom the claimants 90
high prCc as possible Is uOt criterion ~ ascertain
Ie narkefVauo No purchasers go to Rheims: there Is
no exchange there 70 regulate the prices OF these wines
iit ~ ~" '4-i't ~ lsit'' i'i tiil' iill - Nv
competition there 90 determine market value and yet,
the Government says il the claimants DO not state what
argue thore value to tLis wine, bu there other
vliuc, uo market yauo undor the statute 20 ts vine
other, beyond the yauc at which was nvOiced De
st. MorCcauX got value from ms agents at the end OF
year that yaluo Is 10 he determined by the average ne
receipts fora series o years Third there guilty Know
cdgo-an intent 70 dctraud tho Government IN invoicing
lhr'e VINES cyon admitting that they were lnyolced
below their real value? An element 20 be taken into con
sidcrfOn s the risks the manufacturer runs and the eN
peses he inciiIs IN The manufacture ana obainneIJ o
la
France IN each year. 100000 come 10 this country
for wines I'm England, with all expenses added, cr
erOn Of value Tor the purposes Of - There is no
evidence nor any prcieuce that double invoices wore sent
by claimants. We challenge prooi of our ever having
sent Ioyc than in, Oice az a time The only invoice
sent IS the produced IN court. No one can buy this
prices current state prices higher than ever got OuI
my3tas 0i wines en here were certified to by the Amer
NrI;vur, tlen read letter ahowIng that tho Consul
at itoms wa, purtncr m the housc Of DE ST. Marceau1
Coz for tire purpose ot showing that point ana u adds
0u tlGt tho CerticG,c no criterion ~ tic Cunsuls
klCu.tdgc of ire market value of the vines in'0iccd
Richard II. Tcierwa the first witness called by tnc de-
tnrr,i.Gr m tpc custom o,is, hirs c,l@ras az vines
AND liquors. in the Cu'tOnHOusg about tWoutyyc
vines al IIuor. 14-,d tlr,tqh nv hands: understood
commerce ia champagne Wlcs knew The house Of claim
,rr and -biIir,, of wins o ttis ro-. aimed in
Is the various values France. of the wiuc- OF this
ir ts t"n, FIN, LIN. ~ n,af's ,lros n; -5iafn. n
vines knew the prices the wines were sold for in this
market made inquiries, during long lime 0t the agents
Of Jhe ront manufacturers agents ard merchants
dealing I'm those wines and examined Invoices also re-
C"ivrfl letter, from the manufacturers.
Examination Of witness resumed: An Invoice or
Cl9Enaglc- Oi claimants, entered in january, lG was
shown witness who Identified H. ana sad he obtained the
foreign ~ !ur y the invoice Another invoice entered
Mo-. 5. 1885, by claimants, was shown witness. ana den
cd dt NOT ascertain tie foreign value hy THIS Invoice
Other invoices Of similar character Hcro shown Wit
ne, and identified - him. He SAID he used these tu
voices tu obtain the market value az IhCis; state
shat passed invoices a the same prices IN these nom
D.cnucr, Ia. 10 November, 1853; the basis on WHEN
ua-sol tcs. ines value a-ecrtlned flom inlOr-
ion. auu from tire prices m s marEcJ; ecrtalued
ur value Eheias by acrrtauinR the value fcle, and
dguUCug necessary expenses, previous 10 i@ behS so1d
here. ATE! triug shipped lrom Rheims.
Cr1-,rxa uurd. supposed these wines bad . inreisn
ml-et y3Uo and asrcIGiuel 10 from information, and
by dcdlauag tHr ponsc from the time OF their ship
meu. trs port. the market value hcir. round
that Tho prices Iu s invoices CALLED with tlc prices so
ugI ;.f.rl with importers as % the foreign mar
hci value 1 tie wines: The Orcign -0rL vauc WIS not
mentioned particularly; the importers said Hd value
WI, a' fLe.r invoices
The Court thcn aajouucd 70 this morning az 1000
Samuel O.. Courtney, L. s.. DisrrictAf0ruey, VIM. NJ
E,.rt- Ethlu Alien, Dcmty a. s. District Attorney and
g. p. IuH,.rs fpr the Government Webster and CtaiS
tor tle ciu.MlIt,.