The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1870-01-04
Portland and Vicinity.
United STATE. District Court.

JUDGE FOX PRESIDING.
MoNDAY.-The jury come in TO morrow afternoon.
The Court was engaged to-day on several bankrupt
matters OF no pubic interest.
In the case of United States ID. Z. Stockwell ct
al exceptions were taken to the rulings in the case.
Tais was an action to recover penalties of twice the
value and duties on cargoes of shingles impor
ed from Fredericton, n B., to Bangor considera-
BILE portion of which were alleged to be provincial
shingles, and subject to duty, but which were ad-
mitted to the port of Bangor during the years 1868
and 1864, without the payment of duties, upon the
representation Of one of the partners of the defen
ants firm that the shingles we're of American orgln'
The evidence for the plaintiffs was the depostioh oi
one Thomas bowling the shipping agent OF the de-
PENDANTS at Fredericton, the letters 10 anu from
Bowling the Single book of the defendants, seized
under warrant of Court and the testimony OF sew
eral citizens OF New Brunswick to the general
character of the Single business. On the other
hand. each of the parties and copartner not sued
testified witnesses, and several Of their agents and
employees. The introduction OF most of the Gov
eminent testimony resisted by counsel with
great pertnacty and large resources of legal obec-
ton. Dowlings deposition was objected to in the
gross as irreguIarly taen and every material
sent to the jury under protest against its form
and substance Books and papers encountered the
testimony was greatly restricted. Much of the pro-
test of defendants to the proofs of partnership
and agency, which, when they came to open their
case, they fully admitted.
1t appears from the testimony that in 1868 the firm
OF d. r. Stockweil & Co. consisted of D. r. Stock
well, John L. Cutler and George S. Chalmers for
their general lumber business, but that they had
ISOLATED with themselves special partner in the
single business, Leman Stockwell, elder brother
of d. R. Stockwell (now deceased) with the agree
ment that Leman should manage the details OF the
single and clapboard business and have half OF the
profits, and the firm should lend their names, CAPT
tai and credit and have half the profits Under this
arrangement Leman Stockwel proceeded to Aroos-
took county and there bought and engaged American
shingles. and thence to New Brunswick, and bought
other lots of provincial dealers the St. John river
and at the depot Fredericton. All these shingles,
amounting to many millions, Provincial and Ameri-
can, were forwarded by Bowling, the shipping agent,
to the defendants at Bangor and there reported
at the Custom House American shingles, and with
the consent Of the Customs officers unladen without
entry, permit or the payment of duties. The pur-
chases in New Brunswick were made by L. Stock
well and by Downing, but the letters showed that
both these person, were in almost daily communica
ton by letter and telegraph with d. z. StockweI &
Co. at Bangor VIII, were advised and gave directions
as to particular purchases. as to prices, to cercat
ing and to shipment. 1t also appeared that one OF
the Provincial dealers, during the summer of 1863
came to Bangor with a letter introducing him as a
resident of Reel N. B ,of whom the firm had bought
800 M shingles, and who had more to sell. One let
ter in the letter book of d. r. S. g. Co.. in which all
their business correspondence copied written by
l.. Stockwell in the name of the firm notified Dowl-
ing, at Fredericton, that when he bought those
Province shingles he expected Bowling would put
them through, otherwise he would not have bought
them. The defendants single books showed that
the defendants had entered the name of Provincial
dealers as the parties of whom the shingles were pur-
chased and In some instances that they had paid for
them In New Brunswick currency.
The defendants both testified that they gave no di
re;tions to Leman Stockwel to buy Province shingles
and had no knowledge that he had bought such.
Judge Fox instructed the jury that if they found
that Leman Sto2kwell was a partner of D. R. Stock
well In the shingle business. and it, as such partner
and in their name, he purchased New Brunswick
shingles, and sent them to Bangor authenticated as
shingles the production CT the United States, when
he knew they were not, and if the defendants then
received them, they Illegally imported and la
BILE to seizure; and that the defendants if they re-
ceved them were liable by virtue of the partnership
relation for penalty of double tho value whether
they personally knew of the fraud prac ticed by their
partner or not. The jury found for penalty of
double the value Of the shingles, reckoned at 81 per
M, and for duties in coin, amounting to about $13 0CO
In all.
IT, +. Talbot. Richard H. Dana, Jr.
VIC. Crosby.