The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-11
THE COURTS.
THE CHILD CRUELTY CASE.
Further Examination Of Witnesses Another
Case Of White Slavery in New York.
BUSINESS IN THE OTHER COURTS.
Judicial Reminder to Notwithstanding Jurors
Trials and Convictions in the Gene
raj Sessions-Decisiona

In the United States District Court, in the matter
OF Robert Il. Campbell and Phoebe NJ. Carpenter
Va the steam ferryooat Superior, Judge Batch
ford rendered Yesterday his decision. He says
that, on the whole evidence he Is compelled TO
the conclusion that the bellants have not satlsfac
tOrily established the case SCI up IN the libel or
made out any fault on the part OF the Superior
which renders that vessel liable to any OF the
damages caused by the collision. The libel must
be dismissed, with costs. r. ID. Benedict for the
hbellants; w. r. Beebe for the claimants.
The case OF the Government w. Cousinery &c
Go. was tried some time since in the United States
District Court before Judge Blatchford and Jury.
The defendants are importers Of oils, doing bust
ness in this city. They imported quantity OF oil,
on which the Collector imposed duty OF 81 a gal
Ion, claiming that 1t was salad Oil and not common
sweet OIL, on which the duty amounted to only
twenty-five cents per gallon. The defendants
maintained that the article which they had i'm
ported and was the occasion OF this
controversy was OF the latter description
On the trial there was verdict for
the defendants; but exceptions having been
taken and points raised by counsel for the govern.
ment, these were laid before Judge Batchford
for consideration, and yesterday the Judge rem
dered his decision. He holds that the action Of
the Collector in deciding that the proper duty on
the imported article was 81 a gallon, was conclu-
6ivc; that the right course for the defendants to
have pursued under the circumstances was TO
have paid the duty under protest and then sued
the government Tor a return OF the excess or Pc
hnoncd the Secretary OF the Treasury for remls
sion OF the duty. Ia this aspect OF the case the
verdict cannot stand.
In the United States District Court yesterday, in
the case OF the United States vs.. James Leahy,
which, as already reported IN the HERALD, was an
action to recover about 1910 as duties on an i'm
portation OF silks and cotton, the jury rendered
verdict Tor the defendant.
IN the United States Circuit Court yesterday,
before Judge Woodruff, the case of Lang and
Ogden VS.. the Collector OF the Port was continued
AS already stated, 1t is an action to recover
an excess oil duty which the plaintiffs claim
the custom House officials imposed on a quantity
Of iron known as "cut noops.u These hoops the
defendants imported and claimed were liable to q
duty oil thirty-fve per cent al valorem. The de-
mand OF the government is that the iron comes
under another classification and is liable. to duty
OF one and one-ha!f cents per pound. The case mas
not been concluded.
In the United States District Court yesterday,
before Judge Blatcnrord no jury case WAS ready
Tor trial. and the jurors In attendance were
discharged until Monday next In some or
she government cases to be tried next week
1t Is understood that Mr. Jayne, who has given re-
markable evidence IN regard to the "moietyn sys-
tenn and the iniormers OF the Custom House, and
let in flood OF light on the dOings OF that esab-
lishment, will be a witness for the prosecution.
Judge Blatchford told counsel yesterday that If
there was nothing to do ne would dismiss the jury
very quick, he did not desire to keep them here
1t an expense Of $40 . day when there was no
business for them to transact. II both sidesiwere
mot ready ne would dismiss the jury.
In the United States Circuit Court yesterday
Judge woodruff made some strong, and, no doubt,
called for remarks upon the conduct of gentlemen
who avoided, by every means in their power, being
served with subpGnas as jurors, and who, when
served, lodged and shlrked the public duty that
they were s0lemnlY summoned to perform.
II this kind of thing were persevered in,
he said, the public business could not
be discharged, and 1t certainly could not be
said that those who were acting In this manner
wcre in any sense, fulfilling the part OF good ct,-
zens The learned Judge expressed sincere hope
that ne would not again be under the painful ne
cesslty OF publicly abiding to this matter; that
there would be better attendance OF Jurors for
the future and that citizens would remember they
were bound to discharge the share OF public duty
allotted to them by the requirements OF the society
In which they lived not the least important Of
which was their attendance as jurors.