The New York herald., 1871-02-24
CUSTOM HOUSE FRAUDS.
The Great Sugar case-Action Is Recover Four
Hundred Thousand Dollars.

The United States rs. We'd CoD,panu-Thc
further hearing OF this was resumed yesterday
oeIore Judge Batchford 1t Is an action brought by
the government against the defendants to recover
SAoo,ooo penalty for large quantity OF sugar
which the latter got through the Custom House, as
the government allege, far short OF tho actua
weight, by brlbng the weigher to make false re-
turn OF tho number or pounds OF sugar included in
the Importation. The goods In question were lrn
ported from Manila, and entered at the Custom
House OF this city in the month OF october, 1865.
The opening facts OF the case appeared in the
HERALD Of Wednesday.
Yesterday a considerable portion OF the session
was occupied In giving formal proofs OF the entries
and other documents at the Custom House.
Mr.. Benjamin Franklin, one OF the city weighers,
was produced as witness on the part OF the gov
ernment and was about 10 testify Us to the weight of
the sugar as weighed by him some few days after
The entry had been made at the Custom House.
when
Mr.. Sidney Webster objected TO the evidence on
lhe ground that 1t was irrelevant ana immaterial.
The Judge said he did not sec how the weight OF
the eugar was material after the entry had been
made.
The District Attorney replied that he apprehended
u made no difference whether the sugar was
weighed before or after the ENTRY for the mere
purpose Of proving the fact VI the weight.
he proposed TO show that the defendants
got the sugar through the custom House
ut a weight less than they actually entered H. by
DrlDing tne Custom House weisner BY . pay
ment OF $500 10 bring 1t down 10 the weight at
which they really IN The first place entered II. The
sugar Was weighed few days after the entry,
and IL was important 10 snow that tue government
ala ascertain whal was the actual weignt vi the
sugar.
declaration maintained tnat there was 10 clam on
the part OF the government THAI tue inyoice was
lalse. Inc importers were bound TO state the num-
ner OF plculs of sugar, and the question was wne-
tner the entry OF the plcs at 433a false There
must be government standard OF picus INTO
pounds Tor the purpose OF estimating the duty, and
tney were dealing with an Estimation or duty
which was dinerent IRON hquldation. There must
De government nAed standard, aud the invoice OF
the entries must contain ie vi picuis chat
LETT Manila, not the weight at New YORK. 1t was
not claimed 10y the government that the Invoice pre-
sented TO The Custom uouse was iaIse except so
much OF II as referred 10 the extension Of picuis into
pounds. They a SO claimed that the oath was
false; that the entry el the weight was made or the
purpose OF deiiaudmg the governments; that the
eatry paper vas false by reason Of te ialse return
OF the weight stated thereon; ana that, In point OF
law, tke entry being false IA part 1t was wholly
raise within The meaning Of the act OF Congress.
weight, Ike plcal ol Manila not hXed ~ law.
Inc District Attorney repned that they aid not
pounds weight, but the fact OF the real weight ana
the weight at which the sugar xas sold out by the
Defendants The weight was Ilaaleent weight,
ana the defendants knew II was frauduiept, and II
would DC shown that They knew what Was the
weight oi u pcul AZ the tine they prlbed tue GlS-
tom House onicer 10 lake $4,000 pounds oil the acs
f9al weight Of The importation, which they got
through at duty less than the duty when should
nave been paid, That went TO the question OF
knowledge and intent. What better evidence could
they produce an the bill OF sales made by the de-
lendanls few days after The entry by them, the
sugar being wei ghed out 10y the gentleman on The
stand, ana Its amount rar exceeding that at which
they had returned II III the enrys They did not cor
rect their mistake hut Withdrew the sugar on with
drawal entries.
Counsel contended that If this testimony were ad-
hp iyin aVl n
something subsequent TO The daie Of the entry
Ihere were TWO kinds OF wcight-actuai and nominal
Welght-and the standard OF weight In This did
not throw any lignt on wnat was Tie amount Of
Hugar weighed by the welglers.
some discussion followed as TO the actual standard
OF picul OF Manila, in some places IL being esti-
mated AT 1855 pounds, others at 40 ana li2 1t
appeared IN fact, tnat there was no regular STAN
dard for IT, according to Jaw, though custom, laid
down N 0gden's Tarif ana Commercial dictio"arnes-
woald go 20 show Kind or recognized RUE respect
lug il M different localities.
1le Judge ruled that the evidence offered by the
government at the present stage OF the case, Was
inadmisslble, foundation had been laid ior ~
After some farther evidence had Dccn oneTed the
case was adjourned till this morning.