The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-12
UNITED STATES CIRCUIT COURT.

The Jumcl Estate-Case of the Defendant
Closed.
Before Judge Shpman.
The further hearing Of the case Of George WASH
ington Bowen vs. Nelson Chase was resumed yes
terday.
Eleven jurors answered to their names, Mr..
George Palen, the twelfth being still absent In
me iitgants, through their counsel, stipulated in
trial, verdict and Judgment with the eleven jurors
VINO VINO mad answered ~ liks manner ~ with fu
The case was then proceeded with, when further
testimony was offered the part OF Mr.. Chase, the
defendant. The greater portion Of the day was
and papers having reference to the Jumel estate.
At three O'Clock the counsel for defendant an
nOunccd that they rested their case. Mrs. Perry,
daughter and Mr.. William Ingis Chase, son OF the
defendant, were subsequently called to the stand
Of the case by counsel Tor plaintiff, who propose to
put IN some rebutting testimony wnicn WILL, as
they state, be short.
the Court then adjourned tll tins morning,
Criminal Triass-The Fetit Jurors.
The JURORS summoned on the panel for the trial OF
criminal cases were discharged until this day week,
wnen Judge Benedict Will hold Court.
A Suit Against Ex.CoilectOr Grinnell-fnjus-
tice and Law.
Yesterday Judge Woodruff rendered his decision
in the case Of Mark Shaw vs. Moses Ii. GriDnelL
The facts are given in the subjo,ned statement
About the 1st Of April, 1862 the brig Julia Kelley,
Of Parrsboro, Nova Scotia, arrived at this port with
a cargo Of goods from the port OF Hamburg. She
was here proceeded against by libel In Admiralty,
and about the 18th Of May was sold by the Marshal
under the decree OF the Court. The planuf be-
came the purchaser. and received a bill OF
sale from the Marshal dated May u,
board and the duties not being paid nor secured on
the 5h Of May, order issued by the Collector
OF the Port TO the United States inspectors in
charge to take the goods to the public stores IN &C
section &C. Statutes at Large and article IL Stat
utes at Large. 200, amendatory thereOD.
After the purchase above mentioned the plaintiff
applied to the defendant for clearance OF the brig
for an outward voyage, ana such clearance was re-
fused unless the fees OF inspectors, charges OF
goods were paid. Inc plaintiff protesting against
the exact0n, paid the charges amounting to $4S5 95
over and ABOVE the ordinary fees and charges Tor
clearance, and, without taking any appeal to the
Secretary OF the Treasury, brought this suit.
The Judge sayS:-l am not able to withdraw the
claim Of plaint In TINS case from the operation Of
u3 Statutes at Large, p. 2l5. That section provides
that the decision OF the respective collectors OF
ever cnaracJer other than those mentioned in the
next preceding section claimed by them or by any
OF the officers under them, In the performance or
againsI all persons Interested such fees charges
or exactions, unless notice that an appeal
viii be taken = to the Secretary OF the Treas
ury snail be given within ten days, and unless
such appeal shall actually be taken within thirty
days. Aud no suit shall be maintained III any court
for the recovery OF any such fees costs and charges
alleged to have been enormously or Illegally exaced
until tn decision OF the Secretary OF the Treasury
shall have been first had on sucn appeal.
Alter commenting upon what the Judge terms the
is the dry legal answer; the plalntin should have
appealed to the Secretary OF the Treasury and, fail
strained TO say That this answer is sufficient in law,
must direct judgment for the defendant"