The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-07-01
I ii T. CIR EAT CLOTH CASE
FIFTH Day.
United states Circuit Court.
Before Judge Belts.

Before Judge Belts
JUNE 30,-Mr. MILLER opened the defence BY saving
that from the way which Ioyt had conducted this case
would suppose that had been irving John Tay lor
or Abel Shaw Thomas shaw, or in fact any
body anything but the right of Francis Black.
burn TO these seventeen packages of goods Ia October
1899, Hoyt informed Benjamin F. Butter that IL pack
ages OF cloth hal been imported by Francis Bac kburn
contrary to the statute And the information OF Hart
Butler seized these goodsnot the Courbu Hoyt is the
tveness towards the Yorkshire merchants lass OF i'm
porters Hoyt that apprasement of these goods
they were not truly nvoicsd done with the intent TO
defraud the government The law requires invoice of
the price paid for the goods the value Of them
at the place they from. The entry is copy
ofthe invoice with charges added One package out
oftwenty has TO be sent the appraisers and
he can call Tor all papers from the importer to show the
market value Ii tho importer buys goods deprecia
ted price abroad he must invoice them accordingly But
when the goods arrive here the appraiser steps in to
equalze the duties all goods of the class
ter what the difference in the original The apprais
also are appointed in oil difference OF opinion
but the Collector in all tbese matters il supposed by
by the law TO DO ai. aud Impartial man. BIASED by
thing aad perfectly honest Now the point issue here
the fraudulent infant and this the whole ase turns
Here is point tho ivo per That
We will explain. And we viii show that these Govern
appraisers passed goods by the deputy
collector correct The collector called Mr. Blackburn
before him in August and he read here his shame
and disgrace, the examination of which he took OF MIR.
Blackburn not to learn the value OF the goods but to
If Lc couldn't oxor something from tia. by which he
could put the still harder these Yorkshiremen
We will show that Mr.. Hoy called merchant after
chant apPrasc these goods but they all put them TOO
Wcodhead and another who put the goods up 10 or Is
per cent higher thai the invoice and that's all the differ
encc Now we can show you where bough. these
goods and that they nvoiced the real market
ue. And we show You thar Mr.. Hoyt had right
touch these goods but that he has pursued class OF
importers with vindictvcness and maevolence that
extraordinary unless indeed, 1t done with view to
counterfeit the charges brought against him. and which
were published in Poindexters report He should not
PROMISE as the Collector Mr. Hoyt did in his opening TO
connect Dayton with Abel Shaw, and Abel Shaw with
John Tayo and Tay lor with Boomley and Botomey
with Blackburn and the whole with each other and then
go through the without proving anything of the
kind. He had as high regard for the laws Mr..
Hoy he wished protective tariff but at the same
time he wished the honest merchants foreign native
treated fairly and honestly by the government auho-
| rites
The defence the. produced the following testimony:
THOMAS SHAwof Furlane,in Saddleworth, in the
ty OF York merchant aged SO and upwards being
duly and publicly sworn pursuant to the directions here
to annexed and examined the part Of the claimant
doth depose and say as follows viz My name Is Thomas
Shaw; am aged fifty three years. reside at Furlane in
saddeworth. and am merchant and manufacturers am
acquainted with Francis Blackburn the claimant have
been acquainted with HIM from child; uncle to the
said Francis Blackburn did sell to Francis Black
burn, about the 9th day of May 1882 quantity
OF woosn cloths which were packed and put in cases.
and marked and numbered with marks and numbers ST.
mar to those set forth in the title to these
sold to the said Francis Blackburn nine cases. marked
in triangle, numbered 500 SOL 302 $685. 3Oi $685. 3o6,
3o7 and 30s and which contained the goods sold by
me TO him; and believe my brother Abel also sold to
Francis Blackburn quantity of goods but en
tfy them state the amount. did furnish to Francis
Backburne, when in England, invoice of the goods
sold to him, and a copy of such inv DICE
marked a The sale to the said Fraucis Blackburn
an actual sale in good faith he said nyoice aid contain
the prices of the said clohs they the true and actu.
al prices at which the said goods sold by the
said Francis Blackburn and not any other or different
prices The said inv dice does contain just and faithful
account of the actual cost of the said goods the said
Francis Blackburn including all customary charge,
thereon except the carriage from Leeds 10 Liverpool
| amounting to "a g. which ought TO have been put to
the Liverpool charges The prices stated in the said
paid by the said Francis Blackburn 10 me- ana the said
prices were the fair market value of tina said goods
Blsckburne from procured the said goods by pur.
chase; purchased them at Leeds from Mr. John Sykes
partner in the house of James Brown CO. Leeds about
the 22d day Of May, 1889. The spd Francis Blackburn
was not present at the time purchased them did he
select or assist in selecting the said goods The said goods
were purchased by me at the same prices at which they
sold to the said Francis Blackburn and nv
for so selling them to the said Francis blackburn at the
same prices, was account of his being my nephew;
wished TO assist him, and charged him more than the
prices at which bought them | ordered James Brown
Co. 10 pack the goods; s,ld to Francis Blackburn
and they accordingly packed at their
leeds about the 9th day of May, 1885, and forwarded
from thence to Liverpool TO be shipped to New York in
the United States of America. They were accordingly
shipped at Liverpool on board the vginian about
the n day of June 1885, for New York The contents
of the said cases bales to my knowledge in
any manner altered changed after they pack.
ed or put up previous shipment The original mark,
said pieces Of cloths are the same as tbe
were when received the invoice them of James Brown
Co. and were not afterwards altered in any manner nT
vious to shipment The marks and numbers of said pec.
Is of cloth put on by James Brown 1t is Gus
tomary in the English market to make deduction from
less conditone stipulated to the contrary 1t is the
custom with me, unless stipulated aforesaid The Gus
( tom is five per cent on the gross amount the same
if conditioned for, is expressed the face of the
Invoice b the goods; sometimes being deducted from the
amount Of each package and sometimes from the gross
amount the foot Of the invoice The nett amount after
said deduction is the only amount the party pays for the
sd goos SUCH deduction does not appear in the invoice
/ having stipulated to the contrary.
ABEL SHAW, OF Furane, in saddleworth, in the county
Of York merchant aged fifty years being duly and pub
licly sworn, pursuant to the directions hereto annexed
and examined on the part Of the claimant doth depose aad
say as follows, viz =
My name is Abel Shaw | am fifty years Of age; re-
side at Furlane in Saddleworh aforesaid and mer
chant by trade. am acquainted with the said Francis
Blackburn the claimant, and have been so ACQUAINTED
with him from his youth and uncle said Fran
els Blackburn. did sell 10 the said Francis Blackburn
about the twenty h st day of June 1890 EIGHT
of cloth similar to those set forth in the TO these
rogaores eight cases marked diamond B. f.. and num-
bered it3 i 49, i6 l las li9 and 80 contained the
goods sold by me sold him eight marked diamond
b. f., and numbers 43 l4i Il5 li6 I las lao and $50
and believe my brother Thomas Shaw sold him guam
tty, but don't know the amount the mark or numbers
gave the said Francis Blackburn the invoice when in
England, of the goods sold him. and annexed Is true
copy OF such invoice to answer to those nterrogao
riss marked d. II actual sale in good faith to the
said Francis Blackburn The said invoice dill contain
invoice the true and prices which the goods
were sold to the said Francis Blackburn. The said
voice does contain just and faithful account of the actual
cost 10 the said Francis Blackburn OF the said goods and
all customary charges thereon The prices stated the
true and only prices agreed to be paid by Francis Black
burn to nc The prices were the fair market value Of
the said goods the time and place of purchase by Fran
els Blackburn from purchased the said goods the
firm Of James Brown and Co.. Leeds They were respec.
lively purchased by from John Sykes of the firm Of
JaDes Brown Co.. about the thirteenth day Of June,
1889. The said Francis Blackburn present at the
time and place of said purchase he did assist in selecting
said goods purchased by me. The goods sold
the said Franc Blackburn at the prices stated In the
voice annexed to these interrogaores hich voice is
marked B. But perceive there is in the sub
tracing of the measure from diamond li7 oftwo
pounds the amount should have been 81 and by
mistake was fl57 10, l, which appears by references
this invoice diamond D. 47. Had not such mistake been
made the amount the invoice would have been six shl
ngs more than the invoice bought them by. The said
Francis Blackburn being my nephew, soldthem to him
at the prices as stated in the invoice The goods
sold TO the said Francis Blackburn packed by
Brown Co. OF Leeds according to my directions. The
said goods were packed in Leeds at the warehouse OF
james Brown Co., about the 18th day Of June 1880 and
forwarded 70 Liverpool 70 be shipped New York