The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-25
HOW JUDGES DISAGREE.

An important case has been just concluded in the
United States Circuit Court before Judges johnson and
Benedict, growing out OF the Lawrence smuggling
cases OF which the readers the HERALD have learned
SO much OF late. The present suit brought by the
United States against Henry NJ Williams, George W.
Kirk and others The defendants were indicted for
conspiracy with Lawrence, late Custom House APP.
praiser, to bring in goods undervaluation The
,Gcnco is laid in Indictment having occurred on
.he LIST Of September, 1879 On behalf OF the defend
ants q motion was made and argued by ex-
Judge Dittenhoeier to quash the Indictment
ON the ground that the crime with which
the DEFENDANTS we're charged, was outiawsd under
section l044 OF the Revised Statutes oil the United
States which provides tnat aii ohences no. ar,sihg
indictment found within three years alter the COM
Of the offence, and that, conspiracy being the
crime It's character not changed by the object the
consprators had in view District Attorney Foster
commended that as the defendants were charged win
having conspired to deraud the revenue II was
revenue offence. and that section 1,046,
which provinces that the offence shall
he barred unless tho Indictment Is found within five
years after the commission Of the offence, applies;
that II the defendants construction IS correct the
Judges johnson aud Benedict, yesterday morning
they filed certificate IN the Clerks Office 10 the elect
mai thev reed as 10 the true CONSTRUCTION one Of
the Justices sustaining the defendants point nd tho
other overriding II. On this certificate the matter
VIII be carried up the supreme Court Of the United
States for final decision.
FRAUDULENT BANKRUPTCY CASE.
In tho case OF the United States against Lewis Fox
the accused was manufacturer OF clothing. He failed
November TO- 1874 owing $50 900 Tor merchandise and
S14, 600 for borrowed money. He won't into voluntary
bankruptcy this city and filed his schedules showing
his entire OF 500 in stock and $3.50
In axtures He was indicted Tor having Within three
months next before tho commencement OF proceed
ngs bankruptcy under the false color and prelence
as alleged of carrying business and dealing in tho
ordinary OF trade obtained goods credit with
intent to dcfraud. on this charge Fox indicted
trial had before Judge Benedict IN the United states
Circuit Court The occupied week. IL was
proven tnnt within ono month oil his failure
10 purchased large quantities OF goods from
yarious merchants OF this city on representa-
ions that he manufacturer OF CLOTH
and liabilities, ana perfectly responsible. In this way
IL shown that the MAJOR portion Of his credits
induced IL proven on the trial thai at this
sending his goods TO auction and receiving
advances them, selling them by the piece TO
hosiery dealer and cap maker Tor cash. which was con-
trary his ordinary OF business. and that all
this done with view TO get rid oil the property
the reach OF his creditors After able
summing up the part oil counsel aud
IN impartial Charge by Judge Benedict the
ury rendered verdict OF guilty ON all the nve counts
rhe limit punishment three years on each count,
and this the first trial oil this nd which has
taken place this great commercial city II must be OF
great interest and benefit honest merchants TO find
remedy to punish fraudulent debtors. The prisoner
was remanded for sentence. Benjamin Il. Foster Tor
the government, A. Bumcnstiel Tor the creditors and
cx.Recorder James 81. Smith for the prisoner