The New York herald., 1868-02-11
NEW YORK CITY.
THE COURTS.
umIru STATES DISTRICT cuuaI-iuRr TERM
The champagne and sherry Cases.
Before Judge BiAtchford

The Cha mpakUe ana Sherry CaSee.
Before Judge BiAtchford.
SAs Unsxd STATES 7s0 Cases Of Champagne this
ease, which down for trial yesterday, counsel
Sos claimants moved for an adjournment in order to
complete his preparations defend the case OF his el-
sns The District Attorney, Mr. Courtney, who mas m
been For some time past prepared 70 so on VIZ h she
trai offered objection aad the Court grantee the
motion, fixing the trial for next Monday.
Important Internal Revenue Decisiob.
Judge Biatcnford yesterday morning rendered de-
eision in The OF the United states Va John w.
Small This was an action OF deb. commenced BY capias
the c1st OF December 1861 10 recover me sum OF
rssey ss and for forfcltarss penalties, &c incurred
for violations Of the revenue laws OF the United
relating TO the customs The defendants have submit
ted 10 FINAL Judgment for the above amounts and have
paid into court the procesds or tho tudg
nsent Those proceeds are now IN court awaiting
sueh disposition OF them as may be required By
hw. The defendants charged with having unaw-
fully and fralduleny Withdrawn from bonded ware
house certain merchandise which was subject TO duty
by law without the pay mert OF The legal duties thereon
in violation of the third section OF the ACT OF August
rS4d The principal question TO be decided IN this case
whether the money, the proceeds OF inc forfeiture
should be paid TO the Collector OF Customs d.
recty, leaving him TO decide who was entitled to .he
Treasury with the right Of the head OF that depart
ment 10 settle the matter
Judge Bstchford writes very long and very
elaborate opinion Of twenty folio pages, referring
70 tho various acts OF Congress bearing on the
point, and cites q number OF cases He states
II
Of the for the taking OF testimony the part OF
all parties concerned aud for q report. On the coming
In Of The report the court will make such decree as Is
warranted by the facts in regard to the subject matter
Of the petition. and will direct the money to be paid
over to the collector and to be by him, subject 10 tho
PROVISIONS OF tho act Of 1867 paid into the Treasury of
the United States and TO be then distributed under the
direction OF the Secretary OF the Treasury, to the per-
sons and IN the proportions prescribed by the decree OF
this COURT The hearing before the comm ssioner will
be on notice TO all parties having claim to the fund.
X Phelps, United States Assistant District Attor.
fOr nat
Internal Revenue Case.
The case OF the United States eighteen bales OF
bl nkets, which adjourned from Tuesday last
vas resumed yesterday morning before Judge Batch
ford and jury. rho case involves . considerable
OF commercial interest inasmuch the alloga-
laid tha the goods being OF foreign manufacture
imported into the port OF New York nvoiced
value with the intention Of defraudng the gov
ernment The principal points Of argument raised By
Mr. Cose counsel ior the claimants were that there
probable causo OF seizure and no seizure
tn in evidence by the government and these two
combined was virtually a motion for n0nsuit Judge
Bachford ruod that the seizure had been proved and
sha, there probable OF seizure. Mr. ChOate
then proceeded the the claimants Case
still o.
Petitions in Bankruptcy Filed Yesterday.
Charles Irving New York c,ty.-Refsrred to Register
Allen
John r Browne, New York city Referred TO Regis
teT Dayton
Henry H. Tsppen, New York cty.--Refened to Regis
Nor Dwight
Moses Abraham, Nov York city.-Refsrsd to Rosis
tcs kcchGm.
Samuel stem, New York city Referred 10 Register
Williams
John NJ Bell,nys Nov York cty.--Rsfsrrad to Regis
Ar Fitch.
Alexander s,ronss, New York ciiy.-Referred to Reg
INTER Dayton
Daniel ~ Bailey. Now York city y--Refsrrsd to Regis
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