The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-24
Action Against the Pacific Mail Steamship
Company for Loss Of Wines in TranSitu.
Neglect in the Mail Service
Grand Jury Presentment.
ALLEGED CRUELTY AT SEA.
Constitutionality of the In
come Tax.
SUMMARY DISPOSAL OF OLD SUITS

In the United States Circuit Court yesterday
morning. Judge Benetiict denied the motion for a
new trial in the case OF custom House Inspector
Harris. who, It will be remembered, was found
guilty OF being implicated in the smuggling OF
about 20, 900 cigars into this port He then SEN
fenced him, on the first and sixth counts or the
indictment, to two years. imprisonment In the
Kings County Penitentiary. In sentencing him.
Judge Benedict said that he hoped the punish
ment which would be inflicted upon him would be
q warning to deter others In the same position as
he had been, from transgressing the laws.
The Grand Jury OF the United States Circuit
Court Criminal Branch. came into Court yester-
day morning and presented indictments against
William walker, for robbing the nails Robert b.
Leitch, for forgery; Edward J. Woodward and
Daniel Bennett, for receiving goods stolen from
the mails, and also one against Samuel Woodward,
Josiah Parker and Samuel Hoyt, for breaking
open mail bags and stealing letters thereir0m.
They also filed q presentment against the New
York Transfer Company for intrusting the mails
cOnnded to their charge to boys, who are incom-
petent to properly guard them. and who gave no
bonds. The presentment will be found at length
In another place.
FONDNESS FOR NATIVE WINES.
The first shipment OF California wines to New
York, which first began but few years since, has
recently very largely Increased. so that these
wines now form an important portion Of the car
rying trade OF the Pacific Mail Steamship Com
pany. Some Of the wines from various causes are
lost while In transit and the matter Is occasion
ally the subject OF controversy in the courts,
though the company stipulate In their bill OF lad
ing that they shall not be accountable for leakage.
breakaee. shrinEage, barratry, the effects OF
climate, or loss from insecure packages. Abraham
sternfels In May last shipped twenty casks OF Cal
itOrnia hook IRON San Francisco on which he paid
freight at the rate Of twelve and One-half cents.
and half cents, gold before shipment. On ar
rival here two OF the casks, holding 100 gallons,
were nearly empty. The owner, suspecting that
the wine had been distracted by boring hole
sage, took with him q cooper to inspect the casks
at the dock, but was not permitted to do
30. Mr.. Sternies then brought suit before
Judge Quinn, in the First District Court, for
$l25 damages the value OF the wine here. 1t was
shown that the casks were In good condition, and
no evidence was given sufficiently indicating how
the wine was lost 1t was shown that the high
temperature on the Isthmus caused the expansion
OF the wines as often to strain the casks In such
way that they leaked. The case was deliberately
that l. the wine was stolen by the crew, or II 1t
leaked, they were not liable under the bill OF lad
ing. large number OF cases were cited on both
Sides but none covering the precise point in
that the wine had been aDstracted by somebody,
and held, on the authority OF the recent English
case OF Taylor ct al. vs.. the Liverpool and Great
Western Steam Company, Queens Bench Law
owners, to oring the loss within OF the excep-
lions BY showing by whom the abstraction had
been committed ana that the plaintiff was, there
fore, entitled to recover for the loss