New-York tribune., 1868-02-21
LAU INTELLTG ENCE.


eanart~
The famous sherry wine cases. which are
similar IN many respects to the noted" champagne cases.
we're begun yesterday In the United States Dhl'0'
Courr before Judge Batchord There are several eases
awaiting trial. all Of which similar to the one NO"
commenced the charge in all being underyaluauonih IN
their invoices by exporters Of sherry wines from Span 10
Ills country and the conscation OF the wines Is son
on fhe pround that such uuderyauatiOn staltu
knowingly The present case " Of great impOrtanceB
on its determination viii depend. In great measure me
result i'm the other The array of counsel is sO
what imposing on the part OF the Government are T.
g. District Attorney Samuel G.. Courtney Deputy Us
Disirict Attorney Ethan Alien, William NJ Eyarts, ESQ.,
and Messrs william c. ChOate and Sterne Chittendes
ON the part Of the claimants are T. W stOughton esq
the Hon Erastus Benedict and the hgm Of Wcb5ter&
Craig After he jury had been called and examined "
Mr. Courtney. they were mparnelcd, and the ease WIS
opened 10y Deputy Attorney Allen substantially
GESTLEMEs OF uII jury: Not many miles north from
the Straits of Gibraltar on the Atlantic coast is auatd
the ancient city of Cadz formerly the capital OF Andal
sia long Since passed into history aud song ana now
province OF the Kingdom of Spain. Cadz is the seaport
VI large wineprOduciug district that nes Immediately
around It, aud the fame OF It's rades row ns the Nurp'
for the skill with which they have c9iya'Sd the graz,
and for the genius with which they nave deranded tne
Government OF the United states frame N Wlle y as
pefer % ~ Je read in Genesis that Noah awoke from
his wine," and Homer sings OF II as pure anu sCoIs
ant article of trade in period as remote as human trad
tiOns carry us; 1t il and doubtless VIII continue
to he en- through all future me long the sons OF
men shall retain their love for indulgence In the enps
which cheer" Sherry wine, the subject Of this
snit' is produced almost wholly in tho Spanish
territory around the city OF Cadz. 1t is made
the red and white grape, crushed into yats win
20 TO 80 per cent Uf alcohol and then after periods
OF fermentation, IL becomes tit for sherry takes its
from this country, being corruption OF the wOrd
"XeTes" and is OF grade and quality nowhere else pro-
duced IL is estimated that 10000 bottles Of
ported per aDnul from Cadz, valued at tl5D0OO Per
haps Onethrd of ts at least comes To the UNITED Saes
and as the duty wine is heavy it wOuld yield large
revenne to the Government II the npos duties are non
estIy paid. The exporters of sherry from Cadlz are
number, for reasons which VIII hereafter De explained
The sherry in suit is known commerce as
"Crown sherry" and was first known IN this
country about the year 1888. aud from that time 70
this the frauds have been continued which are
charged I'm this suit The different grades " sherry vary
In pnce, but crown sheries are the cheapest In the
trade and are as well known defined in commerce
any article which be named. TIE distinct charge in
this SUIT is that Messrs. LgCaye d hecOpar, hIn oi
Cadiz engaged IN the expectation of sherry wine did,
during 1864 1860 ld 265 send large quantities Of wine
10 this market which were invoced nc $40 per quarter
cask the market value in CadH' ana pad duty ac
cordngly when in fact the wines were worth 32s per
quarter cask in Cadz and the duties shoud have been
collected on this higher value Inc luporlhllOhs on vine
from this firm. covered by tho periods named, were
seized upon the stated. and are now IN Court Gr
forfeiture or eXhonetatlon, as lhe lacts sn1l
claimants to establish their lnp9cepce, after the
Government make out ilstiflable cause OF
seizure. Thus was iOt like q criminal charge it was
civil proceeding that looked to the condemnation Of the
possess knowledge of all the facts which were In the
control OF the defense, and after the Government haI
made ont suspicious case which 1usuheda secure OF
the merchandise II the policy OF the law ana 1t was
the direction OF the satut" that The defense should excuse
themselves 10 the satisfaction Of lhcJuy III regard 10
market value. II the duty of the ,MssTs La
cave and EchecOpar To Invoice their wines ut air buy
Ing and selling price IN the market vi CnlL No matter
whether they sold any merchandise themselves IN the
Cadlz market, they were sul by statute taet
OF MAY 2s $780, under which this information
proceeded bound to nx a valuation upon tleir
wines, which responded 10 the sales made by other deal.
es iB that market for the class OF wines Aad IL
thjs was not DONE aud the neglect 10 do this was inieu-
tiOnal the fraud complete, pnd forfeiture incurred
The other statute under which the government pro
ceeded was that OF March 1863 which required that
three separate invoices should be made by te exporter
yep2ratiSn should be distfbuted the Collector OF
the Port whence the merclaIasc was uesIsu' uhe ior
filing n the Consulate and th6 other should be used by
the exporter for entering hts goods ana Ls invoices H
law should state truly all the partlcnlas winch icudeu
correct vauation) aud II the shipper kuTWhgY ialled
in any parcuIar the merchandise ~ be condemned.
This statute found necessary Dy congress- 70 eI
inmate the excessive frauds which detected IN
almost every department of trade. The frauds by
the producers Of tadH were 10 nc"
thing In 1854 they first detected In San Fran,
cisco by the that invoices presented
which were detected being made mp In that city
Large seizures wero made, and after exhaustive ui",,
condcmnations followed THIS led the Government 10
further investigation and agents were sent abroad 70
test the question at issue between The GOvcThen ana
the exporters OF these wines from actual inquiry These
Investigations confirmed the susplcions Of the Govern
ment. It was found that the $40 crown sheries won
crowdng TO shores cold IN Cadz Tor ss Per
quarercask Tor the Ehgish hafhei Inc aEe- Vi @ w M
United States VINO nave Deeh 80 hlusuy y .no
powerful interests Of these wine exporters; VINO have
been forced tO stand the colnbned assaults OF cohsol
dated trade IN one OF the Prihempsh m ho s d rS ~ .s
duties was exemption from the scuuilous attacks
the confederaed schemerS' whose frauds they had
unmarked aud whose nefariOus profits they had teimina
ted, still did did no more nor les than ihsy were com
missoned TO do when IN en ua nrcr tnSs wnSn
agents acting by the authority OF ther own hauoh m
,r o cest, eforts for their zeal and fidelity Tie
trust repOsed an them. entitled 10 that comhsnaai''
treacIrry and falsehOOd The investigations mad'
abroad by the representatives Of the United states lea {"
the OF books and papers OF the agents of ir
foreign houses here. aud this correspondence when once
in the possession Of the authorities also establishes e
fact that these wines were underyaed Inc agents i
simply members Of the foreign house. VINO received
the orders here Ms 70 AVOID making sale ~ the Iorega
market. buyer In New-f York. II hs applied to lacaIe
4 Ecbecopar. in Cadiz. was told he must buy only
through the New York agent. The cause OF this was
plain II was to transfer the market value rom Chh 70
NcwYOrk, 80 that Ia case OF dIhcnty mght pe uIsel
that the prices paid for the New York market and
not for Cadi1 But II Is an old saying that iok Is 20
cunning but that his skin viii como 10 tho haterh ana
may be said that wine exporter ~ so shrewd but
he ends m court OF Justice II l. discovered lha al tHo
orders given to the agent here werc subject 10 rathcaion
N tbs Vine landed on the wharf Of New ork duty paid
netted the exporters. L1caye Echecopar exclusive o
charges and dutes tS IN Cadz Instead Of 6 as charged
in their invoice This then, Is only nominal market yaluo
in New York 1t s IN reality the market price at Cadlz
the risk and expense OF Lacave Echccopar at
the OF SIS per quarter cask while lnyoced at tG
circumstance Of Itself conclusive OF their guilt Other
facts possession Of the Government, though tho
jury might say that enough had been suggested already
though unnecessary to secure condemnation, for
the prosecution resolved mot only TO scotch tbs
agents here show that s2s the price RENTED %
Cadz for all these shipments, while these very shipments
we're mvoced at SIC, and duty lad on this amount A
few instances found OF wine Of hghest grade, special
importatons worth from $50 TO SO per quarter cask Ia
Caz invOiced at SIS quarter cask the sereOtyped
price for all the rest This to have been the
fixed. and whether the article vas good or bad, II all
came at the same figure. These facts would
demonstrate, TO mathematical certainty, that
the prosecution was right IN tho charges brought
perts would take the stand, who would inform
the Jury they had themselves purchased wines Of
this and quality in CadZ for tho London market.
and had paid S2S per quarter eas thus positively fixing
market value IL for the jury to say whether their
positive their deangsin their wines