New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-03-15
THE COURTS.
TILE 800. 900 SUGAR CASE.

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WHAT CONSTITUTES AN ENTRY.
At the request of counsel, no report of the
sugar case Of the United states agt. William +. Weld
Co. WAS given during the trial The following is brief
history OF the case with summary OF the evidence,
the points Of law involved, and Judge Blatchfords
charge TO the jury: This was q suit at common law,
brought January 1862 to recover the value OF O5
mats of sugar imported by the defendants from Manila
in October 1901 claimed to be forfeited TO the United
States by virtue OF the section Of the Act of March
1863 which provides that If the owner, consignee or
agent Of any goods, wares and merchandise shall
fnlse or fraudulent document or paper, by
means OF any false fraudulent practice or appliance
whatsoever the goods their value shall be forfeited
The declaration contained two counts, In the first OF
which the defendants are charged substantially with
ment or paper-whlch was an entry for warehousein
which the weight OF the sugar WHICH was expressed in
porters TO an equivalent weight in pounds ayordupois
as basis theestimaton of the amount OF duties pay
able thereon. and therein by them stated, with
fraudulent intent at quantity much less than the true
weight The second count teat the defendants
fraudulent practice ana appliances namely, Dy DIiDhg
weight thereof upon which false return the duties were
paid. . =,
piculs the warehouse entry reduced to pounds by
the defendants at the rate Of 1891 pounds per peu while
ducton was 1891 pounds per pcu, and that the action
Of the defendants with full knowledge of the true
rate and with intent to facilitate their subsequent pro-
ceedngs. The Court excluded evidence offered by the
Government to show the actual equivalent OF the Ma
the secretary OF the Treasury issued in 1885, fixing the
rate OF reduction of the Manila picul, for Customs
evidence to show the usage OF the Customs officers in
NewYork the Teductlon OF me Pcu IN entries
that for the plaintiffs to show that by such usage
the rae OF reanceon ,of s nnrd q, ner 5cn
and that defendants had knowledge OF such usage
The evidence ~ usage was the testimony or entry
clerks as TO the rate Of reduction employed 10y them and
actual entries Of the defendants OF the latter there
six before the entry in suit and about dozen sub
sequent All but one OF the prior entries were reduced
at 1891 pounds per pcul the subsequent ones ~ lt
second count was mainly that Of the United states
weigher and his foreman 1t in substance that MI
the Wegher to the defendant Frederick Baker be
making his return Of the weight OF the sugar th
the foreman accordingly had an interview WIN bakr at
his Office where the amount ana manner OF te ueuucoh
from the true weight were discussed anu arIascu, n
the amount of compensation for such faise return
left to be settled with Bodhsh mat bo .i'
Office, and paid 500 from the defendant, Baker,
whereupOn a return Of the weight was made az ABOUT
Wegler and the weight so returned the duties were
paid In the mean time the defendant sofa tne sugar so
weights amounting 10 about $1,000 pounds more thah he
weight returned by the Wegher There was also core
spondence between Richard and Frederick Baker 0erCd
tending to show that the transaction was as the su
witnesses had testified. 80, ~,
on the other hand, the defendant, Frederick Baker
about the weight OF the sugar. or authorized MN 10 90
ing himself as The wegher OF the sugar called on him
and offered TO make false return Tor certain & y
The defendant Richard Baker Jr also gave evidence eK
panatOry OF correspondence offered by the Govern
ment. a. -, --
srction of the penal provision of the LIST section of the
Act OF March 1868, under whchhe suit was brought,
the trial, and settled by the Court III us
charge the Jury IL claimed for the defendants
that the term in the said penal provision should
applicable only to the original entry pa
per or document first produced by the importer which
this instance entry for warehouse IN the usual
FORM and that the making of such entry was complete
upon execution Of the usual bond by the importer
for the amount Of the estimated duties, ana the
delivery to him by the Customs officers Of
the permit for unlading the goods, so that
any documents papers such as the Neighers
return subsequently presented and any practices or a
pances such that OF the alleged bribery subsequent
y occurring could form part Of the ira action OF
making entry under that statute nor be admitted As
having any bearing upon connection wife au charge
fasty fraudulent intent in the original warehouse
entry.
Judge Blachford charged the Jury this point in ac-
with the request of plaintiff counsel that the
the said statutory provision was not 10 ne
restricted any particular species OF entry or document
so called, but was applicable to every KIND or
entry authorized by statute treasury regula-
lions, OF which many kinds are specified, ana
that purposes this suit the Court ruled that the
entry which the W b adc 81 te nS Dega ~
entry not completed transaction, and not made
acts required by law aud regulations to be done respect
ing the same, down to and including the ascertain
ment and payment OF the duties had been duly per-
formed The Court also ruled that the value OF the sugar
should he computed under the first count the value in
bond at the time OF the entry under the second count az
the value in the market, duty paid upon entry.
The jury retired for deliberatiOn about p. m. on
Friday and came into Court at II a. on Saturday,
stated that they unable to agree upon verdict,
ana were discharged.