The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-24

U0ns.-The property In this matter was marked G.
L. and was claimed by Kilter Luckmeyer Co., OF
this city, and was shipped from Baal, Switzerland,
BY Forcurt Weis Burcknardt Wharf. The ground
OF the seizure was undervaluati0n. The case Will
probably last for several days. For the government,
Judge Pierrep0nt, Messrs. Evarts and Choate and
Webster
UNITED STATES COMMISSIONERS COURT.
Alleged Fraudulent Personation of Revenue
Omcer.
Before Commissioner Shields.
The Ufatted States ps. Lal0r ana KuhneT.-The de-
PENDANTS were charged with fraudulently imperso-
mating revenue officers, IN that without authority
they seized quantity Of silk alleged TO have been
imported without payment OF duty. The examina-
ton in the case which had been previously adjourned
was resumed
German Duverger testified that she resided at No.
124 East Tenth street, saw Lalor and Kuhner before
they conversed in her presence Lalor asked TO buy
some laces and spoke to her husband, pretending at
the time to come from Philadelphia he said q gen.
tleman by the name Of Austin sent HIM there where
upon her husband thought they were actually mer.
chants ana showed laces to them; before he showed
an sns hoSs ansy wsas BOTH al
time; Kuhner showed badge; Lalor spoke
In French saying that the goods is. must .,0 De
walked about the room; they put the lace In trunk
and told her husband that he must follow them;
her husband answered that the duty had been paid
and he was afraid OF anything they went to the
st. Charles HOTEL prior TO that the goods were Ia
trunk; her husband opened the trunk while one oil
the men went to another part OF the room to see II
any goods there's they said they seized on
the goods as the duty was not paid on them; her
paid aud called the woman of the house who told
them the duty was pad they said to take the goods
and follow them as tney knew the da'y was not
Kuhner showed his badge the taller OF the two was
walking up and down with pistol in his hand; saw
the pistol produced the second times that was about
half an hour before we followed
In examination the witness states that she
was In the next room when the defendants came In;
heard the conversation from the first; did not I'M
derstand English and could speak nothing but
French; the taller Of the two spoke French well
Mary McGrath testified that she saw the defend
ants November 49, 1859, about three P. NJ they rang
the door bell Of the house ia Tenth street and asked
for Mr. Duverger who told them to come In they re-
NAMED about twenty-five minutes; after an absence
Of about half hour they returned ana asked If Mr.
Duverger was In; the taller saying that he knew he
was as he had seen him; the smaller man unlocked
the door on the second floor; Mr.. Duverger rang the
bell and witness went up stairs; subsequently the
smaller man went out returning In few minutes
with truck, and the driver stating that ne wanted
q trunk out OF the house.
posed that she resided at No 10 East Twentyfourth
street; the day IN question went to Mr. Duvergers
room and found the door locked; the short man
pocket; the defendant Labor, the man who spoke
French, said they supposed the goods were
Soods we're e sale below the market
Duverger then showed the papers; witness asked
them was not that sufficient and they replied IN the
tom House; Mr.. Duverger stated That no receipt
s mad been S gyen nc a asa
would be back in half an hour Otherwise they wound
have to lock him up; they added that 1t was
and they could not say. but what 1t would be all
right MIR. Duverger insisted on their showing ther
authority, ana kuhner showed badge Kuhner at
badger
Cross-examined by Mr.. sedgwick-witness under
.Your autnority'' in broken English; he was very
much excited at the time.
TO MI. Jacksonville wanted to know what right
they had to take his goods.
the prosecution here rested and the further hear
ing OF the case was adjourned till Thursday next.
Tho Lottery Gases.
The United States Us. Wood, Ro,ce, Costtgan ana
Emerson.-The defendants in this case as in the
Others were charged with carrying on the business
OF lottery dealers without payment Of the special
Collector Bailey had been regularly notified to pro-
duce the bonds which had been filed with him, as
produced. Mr.. Allen claimed that any further pro.
ceedlngs against the defendants should be dlscon-
tnusd as they hao cor IN every respe9, WITH
cepts for the special tax, anu submitted that the
production OF the bonds was only voluntary on the
part OF the defendants. After some discussion the
hearing of case adjourned for the purpose Of
having the bonds produced.
The Test Case-Onlcinl Returns.
The United States Us. Harl0D E. iStH.-The ad-
journed hearing OF this case was continued yester
day afternoon Assistant District Attorney Jackson
appearing in behalf OF the government, and Mr.. G..
Spencer for the defendant.
Elisha Teneyck testified that he was clerk Of the
Assessor Of the Sixth district; has charge OF the
monthly returns and books OF the oflice: has been
there since May last; examined the book OF the
special tax and the monthly returns; has made an
investigation Of lottery and policy returns; the fol
lowing are the gross receipts returned by jacob
Bausn, q member OF the arm Of Murray d Co., and
the amount OF taxes at five per viz.:-Receipts
receipts Tor 1867 sle7 sa4; i've per cent So
receipts for 1885, SIS, 315 go; five per cent tax,
$9.416 IS. The following is the return sworn to by
John G. Butts, up to October 1S69:-GrOss receipts
$s5 1853; five per cent tax, 292 g. Butts took out
oil the business this year in his own name. Since
the place No. 294 Bowery was seized they have made
daily returns to the Office OF $1,000 day by one
John j. Foley
Mr.. Spencer asked for other returns. but not being
prepared the case was adjourned for week.
C0unterfeitinx Case.
Before Commissioner Osborn.
The United States Us. Samuel Soedier.-The de-
PENDANT was charged with uttering four counterfeit
bills of the denomination Of twenty dollars each 10
one Keinicky. The testimony adduced was very
complicated.
The Assistant District Attorney appeared on be
half OF the prosecution aud exJudge stuart Tor the
defendant.
The Commissioner reserved decision.
SUPREME coUaT-SpfclM TERM
The AtchisOn and Pixies Peak Railroad Com.
pany.
Before Judge Barnard.
WIltiam l.. Chauiss Us. me central Branch Of the
Nal
alleges that the defendants corporation duly
incorporated by and under an act OF the Governor
and Legislative Assembly OF the Territory OF Kan
sas, entitled IAN act to incorporate the Atchson
and Pixies Peak Railroad Company which was
approved by the Governor OF the Territory on