The New York herald., 1871-03-15
THE GREAT SUGAR CASE.
Comprehensive History Of the Suit.


Comprehensive History Of the Suit.
As the great sugar case, as 1t has been appropri-
ately called, recently tried before Judge Batchford
and jury in the United States District Court has
been one OF deep interest to the merchants ana inn
porters Of this city, we give to-day comprehensive
history Of the suit which includes oil the prominent
and important features developed at the trial. The
title of the suit was
The United States rs Richard Baker, Jr., Willtam
g. Weld, George r. Weld ana Frederick Baker, COM
p,tstn0 the Firm OF WtNtam f. Weld d Co..
This was common law suit brought In January
1859, to recover the value Of 33045 mats OF sugar
imported by the defendants In the ship Franklin,
from Manila, In October. 1867. The United States
claimed that the Importation was forfeited
under the first section OF the act OF Con-
gress Of March 8, 1862 which provides that
II the owner, consignee or agent Of any goods,
wares and merchandise shall make or attempt to
make entry thereof by Of any false or fraud
uient document or paper, or by means OF any false
or fraudulent practice or appliance whatsoever the
goods or their value shall be forfeited
Two counts were contained In the declaration.
The first count charged the defendants substantially
with making an entry OF the sugar by means Of o
certain document or paper (which was an entry for
warehouse) in which the weight Of the sugar. which
was expressed in pculs of Manila was reduced IN
the entry by the importers TO an equivalent weight
in pounds avordupois as basis for the estimation
OF the amount Of duties payable on the sugar, and
was therein alleged to have been stated by them at
quantity much less than the true weight with
fraudulent intent. In the second count it was
charged that the defendants made entry Of the
sugar by means Of certain false and fraudulent
practice and appliance, namely by bribing the
United States Wegher to make false return Of the
weight OF the sugar, upon which false return 1t IL
Claimed by the government, tie duties were paid.
The evidence showed that the weight expressed
pounds BY the defendants, at the rate OF 1897
pounds per plcul while the case on the part Of the
government was that the true rate reduction was
139 per pcu and that the action Of the defendants
was with full knowledge Of the true rate and with
1nlent to facilitate their subsequent proceedings.
The Judge ruled out evidence offered oy the govern
meDt TO snow the actual equivalent OF the Manila
the secretary OF the Treasury issued IN 1858, fixing
the rate Of reduction Of the Manila pCul for customs
purposes at 1Ssa pounds per picu and only allowcd
evidence to go In showing the usage OF the Custom
House officers in New York respecting the reduction
OF the pcul in entries OF sugar from Manila The
Judge ruled on this point tnat IL was for the plain
tfs to show that by such usage the rate Of reduc.
ti0n at the time OF making the entry in question
1917 pounds per picul and that the defendants had
Entry clerks at the Custom House were called to
give testimony as to the usage with respect to ae
actual entries by the defendants. OF the latter there
were SIX before the entry IN SUIT ana twelve or tr
teen subsequent. All but one OF the prior entries
were reduced at 1897 pounds per plcul; the subse-
quent ones at 1B3h pounds
With respect to the offence charged in the second
count the testimony was chiefly that Of the United
States Weigher and his foreman 1t was substan-
TALLY the effect that Bodfsh, In the employ OF
the deendants had asked the weigher to see the de-
fendant Frederick Baker, before he made Ills return
q a s a s hsa mt
SSssss saS agreed Upon ana ne smGsns s q q
mat Bodhsh subsequently saw the weigher
the defendant Baker. Upon this return Of the
weight was made at about $1,000 pounds less than
the weight so fetarned tile duties were paid In the
meantime the defendants, II Is claimed, according
5 0a the S
was was aiss correspondence b between we Richard and
action was just as the witnesses had testified. -
Tne defendant, Frederick Baker. on the other
BOdnsh about the weight OF the sugar. or authorized
him to do anything respecting 1t. He further added
that person representing himself to be the wegher
Of the sugar called on him and offered 70 make
false return for certain confederation anu that ne
ant Richard Baker. also gave testimony, tending TO
explain the correspondence offered by the govern
ment.
Visions OF the first section Of the act OF March 8,
raised upon the trial, and settled BY Judge Blatch.
ford IN ms charge 70 the jury. me detendsnts
si0ns should be construed as applicable only TO the
| original entry paper document just produced by
the importer, which in this instance was an entry
for warehouse In the usual FORM ana that the max
ing OF such entry was complete upon the execution
OF the usual bond by the importer for the amount OF
the estimated duties, and the delivery 10 him by the
customs officers OF the permit for the unloading Of
the goods, that any document or papers, such as
the Wegher's return, subsequently presented, ana
| any practices or appliances, such as that Of the
| alleged bribery subsequently transprlng coud not
under that statute nor be admitted as having any
| bearing upOn or connection with, any charge OF
ialsity or fraudulent intent In the original ware.
Judge Blatcheord charged the jury upon this
point In accordance with the request OF the plaintlns
counsel, that the term 'enry IN the statutory pro-
vision was not to be restricted to any particular
species OF entry or document 80 called, but was ap-
picable to every kind OF entry authorized by statute
Or Treasury regulations, OF which many kinds are
specified and that for the purposes OF this suit the
| Court ruled that the entry wnicn was commenced @
| production OF the document known as ware.
house entry, was not completed transaction. and
not made within the meaning OF the statute until
| to De done respecting the same, down to and In
! Guiding the ascertalnment and payment OF the
duties. had been duly performed. The sCourt also
ruled that the value Q, tae sugar s snoa,G pc G COM A.
the teof the entry; under the second count Is the
value in the market duty pad. upon entry: 49,.
The Jury retired for dellDerati0n about three
n % ON saturday, % after tier beng 'ousS ali night, and
stated that they were unable to agree upon Averdict
The Court thereup0n discharged them. The trial Of
wnsS ws T 81 70 our
The counsel for the government were NOAH DAVIS,
United states District Attorney, and tive OF has ~
sistants, Mr.. Thomas Simons ana Mr. Sedgwick.
Counsel for defcndants, MI. Sldpey webster ana
Mr. James b. Craig.