New-York tribune., 1872-01-16
rrwr-yoRK DAILY TRIBUNE TUESDAY, JANUARY TO- lo12

of the country except by collision Of OH crs OF the
Government duties They do NOT taho the
invoice of the merchants as conclusive. IH'lE y
simply Il to ascertain approximately nc amount 1I
duty for which has become bound and after ms DoS
have been given for that sum the goods pass M tc m
custody of the Government which kceps mem lii M ~,
actual ddty has been obtained. His nNoce Is 81.
eanonary SIMPLY advisory to tGe Government ana "0'
Some discussion had the point. and the exam,
TO senator Cassery that the fact of The goods being con
signed g. one man at higher price thaH 10 t;c iO'
O. Then that circumstance which re2iN uiu not M
mHlicntc them at AN a. On the Contrary II loNe" ~
O. What smoke then was efI upon their ga'n''
Or their linenl 4. don't know
Senator IIowe-Whv do MT yOu ask me - 80 ,
senator Casscrly--Because / don't uihk you arc as
impartial as the witness. .,.,,o ,ho
Nessrs. Redmond with the Pre- 'cnce or MarShH sha
the seizure of their books and papersf A. am , no'
aware ol any necessity don't KNOW OF any surh threat,
and II one was made It was without my knowledge or
consent Books often sent to my once aV 'oip'
request, when no threat is necessary. .,.,
a. Was the report Of your clerk oral OF writtenf A.
Oral; it is frequently an oral rcport II me m %
yos complete II would he written report; nut IN ths
case the officer returned with the materials for com
plcting the duty then il was not written ocd
SnatOr HOWe-Iias II come 10 your OpSefNaiiuh hIu
knowIedgc that frauds sometimes committed ny
brokers upon merchants as well as by nerciltS upo'
the Government A. have known Ot such instances.
c. OF what nature those frauds A; nave
known Of 1t being rePrc5cptod Dy iI t4o I'M Caee.
Jayc heard Of number of where the br0hSr repro
SeT Gess Which was obtained by the broker aud put
in his own pocket have no doubt such cases have
''N'n p''''' CONSTRUCTIVE STORAGE.
O. Did you see the evidence Of Mr.. Ogden before the
Committee week before lastl a. did.
O. Have yOu any knowledge about that charge oi con
sructive storagei A. There we're a large number oi
suits pending or that have been pending against the
Government for the recovery OF hall storage; "a, a
discontinue all the suits in which Mr Ogden was inter
estcd, without the payment OF any costs. upon the
ness came INTO my hands for an examination ana report
found the facts in nine of these suits sInar To-
those in case where it had been decided by me court
that half-stOrage was Illegally eNactedi iOuu lhat 10
the remainder Of the such state Of facts existed
as had been decided 10y the courts made halfstoraee
legal charge made my report accordlngly, ana npon
lions for dscOntnuanCe Of those nine suits upon those
terms and to proceed to trial with the remainder.
NIGHT PERMITS.
O. Have the CRstOm-house authorities at any fimo
since your connection with the Customhouse taken into
consideration the subject Of night permits. A. Yes Sir
O. Whenf A. During the collcctOrship OF Mr.. Murphy
think quite early in his administration; upon ADVICE
taken upon the question Of law, with Mr. Church and
others, he decided not to grant any more nlgt permits
entered that good deal of disturbance among tho
various stelInrnlp GO u, ~ % o%J tere
was some difference Of opinion among tle onccIs III
Wilmington as 10 the true construction OF the law: after
some time submitted all the facts relating to the question
to District Attorney Davis, ana obtained iioln hlh
license for the Iandng Of goods which had not been per
miited was expressly prohibited by law, and the Cot
ecOr has acted upon that opinion since without i'f-
ference from the Department. ,
q. DO recollect anything nhout some whlskyS oi
Clark & Schultz's which have testified 70 here that
had been sent to General Order 5torei A. know
something about case OF gin. aS | rcooctt who're ~
was claimed several bottles had been abstraced; my
recollection is. that the evidence showed tne boies
must have been ab,Iacted while on III" cart for ING
cartman signed a receipt for them in good order ana
when they delivered TO the soiehouSo they we're
in had order do not hu"| tAe name oi 'He ea'nah
think he went up u pay Tor IT,
DIFFICULTIES OF 4 CRININt PROSECUTION
O. What are the difficulties encountered ny the prose
cu,ion in these cascGwant Of evidence reluctance
ON the part Of ur to give heed 10 them A There
q great many difficulties want OF evidence in many
cases where there is sufficient evidence for civil prose
rutiou; that Is to sly, witnesses can be obtained Who
bayt hcCu p1Ttc,JS CyNduIs, VINO VIII not avail tntn-
cva. of ne lrutectiun the law affords in the matter Of
tcttifyine 10 that will crimnate themsclvo but
no will aVa tbcnso Ives of that protection " civil pro
cecdngs taken, other words, they willing TO
otherwise and rec0lect distinctly case where
jury refused 10 ndict whero the evidence was exceed
ngy clear to uy mind aha The minda Of al other 0cs
who had knowledge of it understood that they dc
Cilcd to indct ca the express ground that az was
pecpnary mater and the pa party impHcatSd m was OF
that clamecanoheI hhdranCe lsihe lD'nhcehcY OF
the force employed in getting up these cases; the case
cannot be prepared for ta in pe oilen TO secne the
attendance OF the necessary Witnesses thcy are OF suc
character that they cannot be found aucr certain
time would suggest to Congress tho prOpIlcty Of e.
tabishng an inferior court Tor tle "lSpoSdl Oh iSd
and mid oaeuses; it would be great relief to
fllt
senate Howe-You stated last Saturday that you had
known two applications to the judge, here, TO modify
was OF these applications made by Naylor Co.'S
a. O. What was the other Grul A. Mccullough; DO uot
know the tIm
@ What was done upon the application OF Nlyior1 \.
No nearing hd upon the matter; II came into the
n., ,fi,l,e[ dis"oniinn1e firhr riocr dp.s
Naylor y Co. stpuatlng to produce 10 the Collector al
TIE books and papers that might be required: b other
apphcat on wGs denied
THE CENFRAL ORDLR SYSTEM.
Senator Prattlas there been any change IN tho modo
OF conducting the General Order business since your
nection with the Cu,omhousc A. do not know that
there has BEEN there have been changes the stores
do not think there increase in the charges;
but not competent to speak on that subject since
the transfer from the Jersey shore 20 NcYork there
have been some losses from the store; one of these
cases Il not whether IL before or after
the removal that Of man named Mason, who is
now IN Canada ana under an Indictment Goods are no
less than they were then in M judgment.
do not know that the merchants have more 10 complain
OF low than hey had when the stores were on the jersey
shore; somewhat familiar with the arguments
found against 1t when Mr Grnne made the change and
the conclusion we arrived at was That the complaint Of
Increased expense was unfounded' ana have tnat
opinion still.
q good deal has been said about the profits Of the
General Order business scnator Pratt here read from
r GTinnells system was not the most expensive that
because they followed few leaders like flock Of
that the total Of The receipts OF the General order Ware
entire profits Of the business $4,000 year, eau
you express opinion whether Mr. Premises estimate
Is too high too low A. have n general idea Of the
number of packages going into the General order store
and that they do not remain in tue store than few
days; If goods should remain storage considerable
length OF time the profits. Of course would not be
lar they replaced by others after period Ot
two three DAYS and IN OF falling off OF mpOrta
Ous, there would be less General Order goods; do not
what motive steamship companies have fOr souding
goods the General Order stores within A. hours Of their
arrival IL is to their loss unless II is t3n rDmpc
saed by the fact OF having the vessel quickly unOadd
In glgf her IttII 81 sff
storage the same az there is Of caragei A. do not,
SEIZURES or BOOKS AND PAPERS.