New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-08-01
THE COURTS.
CIRCUIT COURT DECISIONS.
APPEALS FROM THE UNITED STATES DISTRICT coul


APPEALS FROM THE UNITED STATES DISTRICT COURT
a VINEGAR MANUFACTURER NOT DIsTILLEg
or sPIRns-MARINR CASUALTIES.
Chief-Justice Waite yesterday handed down
decisions I'm seven cases heard by lin in the United
States Circuit Court appeal from the District Court
The schooner. Osseo aud Sandy Hook came into col
lision the night of March H. 1875, in Long Island
Sound Both vessels declared 10 be at fault aud
damages apportioned The in both courts are
divided equally.
Frederick Frerchs carried on the business OF
manufacture at No. Abattoirpaee, In this city Tho
establishment seized for alleged offence against
the revenue laws. Il claimed that Frefrichs was
dstller spirits, within the meaning Of the statute,
but the conclusion OF the evidence judge BatchfOrd
only ordered the dismissal OF the suit but refused TO
give tcate VI probable 20 the collector thus
rendering him liable TO SUIT Tor damages. The Govern
ment thereupon carried the up and on its result
depended the Of many Of the vinegar factories In
the county The section of the statute under which the
Government proceeded ia follows Every person
VINO produces distilled spirits or who brews or makes
NASH wash 1T Tor dstillatiOn the produc-
on of rts who by any Of evaporation spa-
rates achOhOl spirit from any femented substance, or
whomakug keeping mash wort wash has also in his
possession still. shall be regarded as distiler"
The CheJustice says in bis decision that It cannot be
seriously coneDded that the evidence sufficient TO
warrant jury in finding that the claimant actually
produced distilled spirits that he brewed or made
mash wort wash fit for dstillation the produc-
ton Of spirits that he actually separated alcoholic
spirit any fermented substance. All that can be
Insisted upon by the Government Is that there evil
dence tending to prove that he had his possession or
a STILL ard that he kept mash. wort or wash within
the meaning Of the statute The s he had IN bis pos
session put up for the manufacture OF
Gcctic acid and duly registered as such.
To make one in possession Of still
I. oh orf :
the mash wort or wash must be such as to pro
duce spirits ds.llatiOn. Inc evidence In inns case
was 10 the effect that the substance c0mpa OF
would not produce distilled spIs' III was % o
the manufacture OF vinegar, and when distilled dld not
and could yIeld spirits II had already gone thr0ueh
such process OF fermentation III auo ieI plaCr, 10
there still, 20 render ~ Impossible 10 convert H.
or part OF It, Iuo spirit 10y dsuaion or any pro-
css of rvaporatOn The process through which was
put by the claimant was only Tor the purpose OF
the manufacture Of VINEGAR II was IN fact, weak
acetc acid mixed with foreign substances which must
be removed before 10 could be converted INTO market
able vinegar. one who produces substance which can
be converted into vinegar by the use or smaller guam
sally dI,scr of spirits To become such IN law ne
must actually produce spirits, or keep VITA the stu ne
here Had the jury found from the evidence YER
duty OF the COur.. motion TO set the verdict aside
aud grant new trial Under such circumst tnces 10
was not error the Court direct vrrd &c in favor
OF the claimant II order or the District Court IeiuS
~ Crcrf Cart mon viii of error il ought not 10 be
done except a clear case. The evidence Whlch mas
been embodied IN tins bill Of executions Is not such as
to satisfy that error was committed IN TINS par
ticuar. The Judgment of che District Court 10 affirmed
In the suit brought by Raphael Gomez aud another
against tue bark CarOtta, the Hbeant i awarded DE-
cree 1888, when amount Is applied toward setting
"A contra dec a suit brought by William Bliss
against Raphael Gomez and anO er,an0utng 9JOZ A.
Early the morning ut January 3, 1873 tine Ferry
boats PaVOuIa and d. = Gregory IN collision III the
North River during a dense log. The Erie Railway
Company the Owncis OF the Pavoula brought suit for
damages. The District Court found lDat the Gregory
was alone sbe Tor the COLLISION because SHE kept
her course and speed without ascertalnng how she was
TO pa,s the PayOnia. CnicJustice Waite affirmed the
decision of The lower Court.
In the OF John :. Weeks and others against the
steamer New-Orea the decision OF the Court below
has been sustained. The suit was brought 10 recover
damages RON collision between the schooner Allie
B,ckmOIe aud the NeWOrledns, ON September o. 1914,
about Oity miles southeast Of Cape HcnOpen. Iue
Chef,Justice decides that the collision was caused
solely Dy the fault OF the NewOredns IN not keeping
sufficient lookout. He awards the ibeaDts "a decree
for Sl4O20 with interest from the date OF the decision
tue lower court.
The ship Niagara sailed from Liverpool for New-YOrk
March =, 1870 having on board a cargo Of fine table
soda and arsenic. The salt III sacks, ana
was In lots, branded Ashton and the other
- Marshall" Charles Mcdonald owned that branded
Ashton" aud brought SUIT against the Niagara Tor
damages. The voyage was very stormy one, ana a
large number Of the casks containing arsenic which
were slowed between decks broke loose, and their
s.ip I'm this il found that many OF the salt
bags were covered with arsenic. The Ashton sat
renamed In for tnan year. ana was Jhrn
sold Tor fcruuZng purposes. The steamship company
agreed to loss at rD32S ana decree Ot JhaJ
amount was made by the District Court Cncf-Jusuce
Waite ordered decree Tor the difference between me
value OF the salt at the time OF the INJURY ana
the decree OF the lower Court with interest ana COSTS