New-York tribune., 1870-10-22
THE COURTS.
THE DRAWBACK FRAUDS.

THE DRAWBACK FRAUDS
r, the United States Circuit Court, yester-
dv before Judge Benedict the OF the United states
agt r. h. Caldwell, charged with conspiracy and with
bribpR a United States CustomH0use orcer came up
on motion made by Cen Anthon to quash one OF the
three indictments in the conspiracy indictment Cen
Anthon urged that the first count OF the indictment
char ged conspiracy to defraud the United states
which u misdeneanor the second and other counts
charged forgery Of papers to the United states
which a felony, and he would move to quash the in
dctment the ground OF dnplicity or misjonder OF
an indictment charging in different counts elOnies and
msdemeanors was bad. The statute Of 1353 which de-
put in one indictment, did not declare that man may
e arrested charge and then held on another the
District Attorney Davis in reply denied the rule Of the
law of the United States that yon cannot Join feones
together different In the United states Courts
under the acts OF Congress- passed In 1853 which
provides that 0enses arising out or the same ransac
lions can all be Joined in the indictment In different
counts. and he urged that such had been the
OF 1853 entirely superseded the common law doctrine OF
general msdemesnors and felones In the same indict
ment In different counts. .
The Court in deciding the cases said that 1t had no
hesitation IN saying tna IN tne theS I'M. and sde
meanors were both joined IN tho same indictment IN az
Tsf cS 20 a "nsess
Of 1885, whether the prisoner would not nave
by the District Attorney, by demanding an eiee
ton which count he would ask verdict the r1G9 our
undertake
the motion TO quash conld not prevail. 1T,
Gen Anthon then made motion on the plea OF lurs-
ana hrns hs ac cers se OF the Treasury
and also it'll connying at fraud lie c0nendea Iht uh
which persons We're to be given up clearly set forth
These offences we're three In number; mnrdet arson
snd forgery. II admitted by the officers OF the GOV
ernment that the oense OF bribng OF these nmacu
late persons the Custom House was not murder arson
orforgcry II the United states authorities ha1 repre-
sented authorities in Canada that the prisoner was
TO be tried for bribng United states officer he .oud
not have surrendered under the provisions OF the
Ashburton treaty. That was mere evasion OF Inc @rhc
treaty which could not be justified or defended Inc
Under these crcuInstsncesi They had obtained posse
forgery hut they could not prove It, because IL was not
Disirict Attorney Davis mentioned that this was un
dobtedly question for the Court, but he apprehendtn
that doubt would exist that the prisoner could be held
The Court said that the question 80 important that
he would not pass upon IL now Another question was
whether Court had power TO take cognzance OF the
treaty when the prisoner not arrested By its ocers
THE JUMEL WILL
In the Supreme Court, at Special Term, be-
fore Judge Barnard, the OF stephen Junel Jones
and Others against Nelson j. Chase called for trial.
Yesterday, pursuant TO the adjournment on Monday
From the statement OF counsel 1t would appear that
Maria and Eliza Bowen to this city from Provi-
dence when young girls Eliza became the wife OF Mt
ue and MARIA married ShS JSne' SS wa, ad 10 be- he
| adopted daughter married Nelson J tHase,
lived In Madam Jumel's house for some time she con-
tnuing To- be regarded as the adopted dauShter anu
heiress Of Madam Jume. There was horn ot thls union
| two children VIM. Chase and Eliza Junel 'hase' now
Perrtt Down to very late time Madam JuInel spoke o
children her heirs, and aftef the dtdth oi
Mrs Chase but when her will opened II was fonnu
that she had left almost her entire estate to certain cn
es Mr. Chase. claiming that under certain fanliy ar
rangemeuts and especially under letter written 10 ms
daughters husband, stating that she would be an ne
his children entitled To- the properly liaIe an
ARA with the four children OF Maria Jones,
nephews Madam Jumel, by which, In CONSIDERATION Oh
$4,000 they conveyed to him all their rights IN her
pr0perty He then brought the suit to break Madam
Jnrnes will and succeeded In having II decaieu nun
| and void. -, 4.
This suit is brought by the four heirs OF Mrs Jones to
set aside the conveyance to MIR. Chase for $4,000 ana
also the subsequent instrument in which the con-luId-
tou IA SOOO. 1t is charged that Mr. Chare's vile was
the lille daughter of Maria Jones' ana couhst Ill
his opening stated that she tho fruit OF an intrigue
between Maria Jones and Mayor Bowen OF TINS clty:
| That the friendship between her and Madam Jumel
was broken long before Madam Junes death; that me
legitimate children OF Mrs. Jones are the Only ldWIui
| heirs of Madam Jumel That the conveyance thcy
executed to Mr.. Chase obtained Dy MN ny Represent
promise with egatecs and 10y cOncealing rom thenl
| tnat they entitled to the WnOe estale'
the estate worth Sl,OfO0OO instead OF siOWO
also claimed that the second conveyance IL Yod,
being in fact the cover TO the nr-t conveyance
which void because the $4,000 was not PAID NJ tho
time il executed II il finally claimed that IL was
void because the date was material matter ana he at
antc-tlated several months
| plaintiffs knowledge. .
The defendant denies fraud and claims that In fact
| the $4,000 paid to avoid any claims from these
| persons. although such claims would have been, II
scd entirely unfOunded as against his own cndIen
lie also denies any misrepresentation OF facts Case s