The New York herald., 1878-11-17
DUTY ON DEMERARA SUGARS.
TRIAL OF AN IMPORTANT SEIZURE CASE.

TRIAL OF AN IMPORTANT SEIZURE CASE.
BALTIMORE Nd, Nov. 16, 1873.
In the United States District Court yesterday Judge
Giles sitting in the of the United States against
7i3 bags OF Demerara sugar. part OF the cargo
of the brig Mississippi, seized for forfeit,
ure. the government closed its reDutting
evidence. The jury discharged until this morn
ing to hear counsel propositions in regard to the
instructions to the jury.
The trial OF this is to test the question
whether Dcmera ara sugars imported into'the United
States are, by the OF chemicals or other
foreign substance made OF dark color to defraud the
government in the payment of duties.
The cargo of the Mississippi belonging to William
H. Perot Co., sugar importers in this city, reg
uarly entered at the Custom House in November.
1877 duly passed by the United States appraisers, be-
ing rated partly under No. 7. Dutch standard liable
to duty of and three-quarters cents per pound
and partly above No. q not above No 10. Dutch stan
dard, liable to duty Of two cents per pound.
The special agent of the Treasury Department. Mr.
Chamberlain. claimed that 71a bags rated under No.
had been artiicially colored with intent to cvade
the payment of duties properly chargeable on the
same.
Under instructions from the Treasury Department
the 7I2 bags seized for forfeiture. About the
same time the cargoes the barks Manitou and Henry
otlNr Wert sclNsu az
port under similar charges aud three carsoes in New
York. also imported by other parties. Previous to
the seizures the question of the colorng of Demerar
sugars had been subject of discussion between the
Treasury Department and the importers during
which the latter proposed to the Secretary of the
Treasury to send proper persons to Dcmerara to
anime into the manufacture aud report the result of
their examination and investigations
After the seizure both parties made preparation for
the trial A commission tn take testimony DemC-
rara was issued from the United States District Court
and subsequently, similar commits sion 10 take test
mony Louisiana issued. After the lapse of nearly
one year the ready for trial and commenced
October s. before lry, Archibald Sterling, United
States District Attorney assisted by John Carson ap
pearing for the and S. Tcacke Wallis and
John III. Thomas for Perot Il Co. When the trial had
to illness. was withdrawn, and the proceeded
with eleven jurors During the long trial forty.two
witnesses have been sworn and examined: twenty for
the government and twenty-five for the defence.
and volumnous amount of testimony read
taken by the Commissioners TO Demerara
and Louisiana. The whole field of sugar
manufacture. from the planting and raising
of the cane, through the different processes till
pleted in the centrifugal machine was described in
detail BY printers and cane growers and illus
trated by models and drawings: and the chemical
questions exhanstively stated by scientific
CITY: Dr. Geath and Professor sader OF the
Pennsylvania University; Professor Johnson. Of
Connecticut, and Professor Collyer.. Of Washington
for the government: and DR.. Mallet. professor OF
chemistry in the University Of Virginia; Professor
Norton Of the Stevens Institute, Hoboken; DR.. Fah
berg of the Johns Hopkins University Profess
r. s. McCullogh. OF the University Of louisiana
Mr.. Douglas Williams. solicitor of patents for the
defence The testimony of the actual manufacturers
of the seized sugar, Messrs. John r. Daily and W. o.
Agard. was taken in Demerara under the commission
and submitted q part Of the defence to the effect
that no artificial cooring whatever had been en-
ployed in their manufacture and that the process
the usual one for the production of such sugars.
QUESTIONS FOR THE JURY
To-day the Court has been engaged III hearing argu
ment to instructions to be given to the jury. and
after full discussion by counsel each side the
Court said there two issues that the jury will be
required to pass upon.
Fi,st-Were these sugars artifically colored dark
brown color-some foreign matter applied to them
after their crystazaon and for the purpose Of their
being Introduced into the United States at q lower
rate Of duty than they otherwise would be required
topay?
.Second-Did the claimants know this fact and did
they introduce them into this port with the fraudu
lent intent of importing them 1T lower rate of duty
than they should otherwise have paid :? These ques
tions the jury will decide The Court then adjourned
until Monday. when argument before the jury will
begin.
JSlge Giles said counsel would be given two hours
each for argument, and he hoped the case would be
ended by Tuesday afternoon.