Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-04-01
NEW YORK.
Sanborn Sued for Conspiracy.
BE p,ea.,. s,is ,ou,racts fin Bar.

he PIeais His Contracts i'm Bar.
NEW YORK, March 3I.-Judge Benedict
gave decision to-day on the points raised
yesterday, counsel for the defence in what
is commonly called the Sanborn case.
Counsel held, first, that there was not an
allegation in the indictment that Sanborn,
Hawley and Nanderworker conspired with.
any other persons to defraud the United
States; second, that no defense is charged
under any law that exists upon the statute
book third, that the contract is not set out
in the Indictment, and for these causes
they objected to the admission Of any evi-
dence under the Indictment, regarding
these points as involving a test question.
They were so treated by the counsel on
both sides.
The Judge holds that the contract which
SanboTn obtained does not limit his right
to a portion Of such Of the taxes therein
named as might be collected by his aid and
thereafter rendered, but that upon the exc
cution of this contract Sanborn acquired
the right to receive upon the collection of
taxes included in his contract the stipu-
lated portion of such taxes, however, and
by ~homsoever collected. The contract
was claimed by Sanborn and awarded by
Tic uROu 6aAC ElOuAAO bhAe DoH-
born had already discovered the indebted
ness to the United States of the parties
named and that taxes were being withheld.
1t, in express terms, confers upon SanbOrn
the right to collect taxes due from the par
ties designated by name, and it then ex-
pressly declares that whenever any money
shall be collected from the persons named,
either by legal proceedings conducted by
Ii Oft Ix-
settlement as a compromise Of said claims,
then shall be paid to Sanborn, out of such
money, as fast as collected, 30 per cent. of
the amount which is now here in the con-
tract described, as compensation for the ser
vices to be rendered in the collecting Of the
Indebtedness which was taken 10 have
been discovered by him. Such contract
does not support the indictment, and with
such contract conceded, l am of the opin-
ion that this prosecution must fail. The
theory upon which the indictment is framed
rests upon a misconception of the scope and
effect of the contract, and the error seems
fatal 10 the charge in this indictment.
Such being my opinion upon what is con-
ceded to be a decisive point in the case, L
do not consider the other grounds Of Oljec-
tion.
Judge Benedict, IN conclusion, ordered
the jury TO find verdict of not guilty,
which was accordingly done, aud the de-
PENDANTS and their counsel received the
congratulations Of large number of friends
in court.
Fun for the Boys.
The War between the great railway
trunk lines on the subject Of carrying inn
migrants Is likely to prove beneficial to the
emigrants. as il will result in great re-
ductiOn of the rates as long as it lasts.
Vanderbilt SAYS, if necessary 10 fight the
combination, he will carry immigrants at
one dollar a head.
Pocket the Loss.
The Security Bank, organized in 1870
with a capital of S5,OOO,OOO, has decided to
close business, after losing S2J0,0O0. The
stockholders pay of the depOsitors and
pocket the loss.