The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-06-28
JEsDAY MORNING, JUNE %, ls42. /.
TIL L. CIR EAT CLOTH CASE
81. United states Circuit Court.

t United States Circuit Court.
| -. Before Judge Belts r.ll .rssol
Jurr 2a:.Ihe United States Blackburn II Cases
Cfofh-This important opened today by Jesse
Hoyt on the part of the unted States who offered in evil
dence several invoices Of CLOTH imported in ships Star,
| independence, Eutaw, Europe Siddons Adirondack,
(Which Jesse Hoyt called Aaeronack that the entries
were male by Abel Shaw to John Taylor, and also the
fraudulent, and that the property belonged to shaw
Mr. MILLER, counsel for Mr. Blac kbnrn conended that
the ownership of the goods was not in issue before the
Court; but they prepared prove that goods
were not entered and falsely described the
invoice, with view to defraud the government. The
opposite counsel could not show the acts of
agency unless they could first prove that the party ale
gel TO be so acting was an agent. ii., AZ ..Ii f
Ihe COURT said that they could prove the acts OF
alleged agency first. and then 60 on and convict tho
said party with the agency aterw arjs If thoy failed in
ground. si an sQ,aiHH0i op as9'L hfi 3tnA
Mr. LonD contended that the Court had control of the
case. 't'f'
Tho CouRr said ii not question for the Court to
say whether the evidence in the present OF the
was sufficient to connect the two parties, not.
Mr. HoYT called Mr.. Finch, or Clinch. '
Nobody answered .la0f drf--al1t alEfC 800 .
Howl SUPPOSE it will be sufficient to prove the hand
writing Of MIR. Taylor.
JuDoE BErrs.-No, sir il will not IL YOU near TO
prove doc ument you must do in the regular form.
JEssr Hovr then fused about little and called
MIR. Wetmore.
NorcE-One Of the jurors wants to go down stairs.
He went down and returned.
WETMoRE, eIdnined-Was storckeeper Had in
charge packages to 10, arrived in ship Virginia.
Cross Er.-Made the memorandum only a few days
ago; referred to 1t this morning. Don't know the fact
cept as refer to this memoranda Nerer the goods
Have no knowledge except from the entry appears
the books.
Judge BETrsto Hoyr.-You don't prove sir the goods
were ever in his store he them he de-
livered them to any personally.
Jesse Hoyt went on hounderng for time appa
rently with view TO get Mr. wetmorc to testify
hing-it did not clearly appear what for Mr. Hoyt has
such poor manner OF speaking and such painful man
ner OF articulation that almost impossible to under
| stand what he said.
| Judge BErr' assisted him and set him straight
L ain
| John Taylor
Cross-saamned-Do know this case distinctly Can't
say exactly, only speak by the entries.
WETMoRE.-l missed the goods. IL believe.
Mr. Horn made two or three other attempts to get out
! some evidence.
Mr. MILLER said that his mode Of doing was irregu-
lar; had The late Collector been ayman he would have
no objection to letting him go rather irregular but
| beng ala~ yer he must go straight.
JESSE HoyT again tried to elicit Information from
witness but in such confused that Judge Belts
had again to interfere the clear straight
point of view and put the question the witness him
SELL which resulted in an answer that excluded all further
testimony on the point.
JESSE HoyT again tried get the witness
the same point when Judge Belts peremporly told him
he had excluded all evidence that point because the
witness had repeatedly said that he knew nothing his
own knowledge on the subject.
Mr. Finch examned.-1hc invoice mere nriabcred to
10 was made by John Taylor Goth Nay, go Arrived
IN July. sworn before me on the 10th OF July The IN
voice says John Taylor, Jr bought of Abel Shaw
LoRp-These are marked as having been all examined
in this invoice passed all examined. On the back of the
entries find Paid check December OATH These goods
to 10 were all passed
Judge Bgrrs.-Well, go on gentlemen.
GEoneh DAVIS, the great ocoioco, sworn.l have not
the invoice OF this entry The entry made by John
invoice il dated June 6, 1882 Ship Europe arrived in
| August, 1899 The
JEssr How here found he had made blunder and said
| ,"I have given the wrong invoice
/ Some little squabbling here took place between the
witness and counsel the witness wound up by saving
| 81 am careful SIR"
Other invoices then produced
MI DAVIS proved the invoices and entries 10 have bee
MlLLnH7i 10, 49, and i3a, were ordered for evnrina
berry Pa" Passed Xnr 81 $50 forrest hy Mead and L0uns-
| DAvIs.-This ship arrived August, 1882
l HoYr.-What date, sir.
| DAvIs.-t doesn't mention the date sir.
| MILLEE.-Duties paid April 20, 1870.
| Hovr-Do you know what became of these goods in
the mean time "a
| DAvs-The presumption is
MiLLrRNNo presumption, sir do you know the factl
DAvs.The entry by the Star was sworn to by Taylor
on the 22d OF April ls40-25th of Morch by Mr. Brad
bury; The marks are diamond B. f. and got 81, ant
D.'" lrePly to Hoyp never saw somebody (sdr. Hoyt
| spoke SO badly we could not hear him) write :
| MnLER.-John Taylor, Jr bought OF Abe, Shaw June
8, 1882 Goods passed March 80 $780, 90 o. ~
and were ordered for examination. passed by william
DAus.-The duties purport to be paid 3lst Of March
An invoice by the Siddons produced r10
DAws-The entry is dated April 90 $40; sworn to by
| John Taylsr Jr. account of David Shaw. The lb
lading June ls 1899; ship arrived July, 1885, verified
/ 18th of Jan. 1910.
In the of this reply another brush took place
DAvs-Thc packages are numbered95 TO lO7 the pack
ages passed are ol to 100 passed by the appraisers 2lst
April 1910; duties paid 2tth Apr-don't say what year
Mr.. CLrSoH caed-Qnvoicc shnwn)-The Numbers
here ios and III; the bill of adng June H. 1899;
the owners oath is taken by John Tny or Jr on the 10th
July 1899; the invoice says John Taylor bought Abel
Shaw four packages sent TO he
o9 II! IL and u.s. passed by Gamer Lounsberry du-
ties paid Nov. 49, vessel arrived Both of July Qnyoce
by the Independence shown) Date OF this is May 49,
1889; 3d. 81 and 80 bales of woolen cloth passed.
duties we're paid 18th July.
MIR. DAVIS rccailed--(papsrs shown Is an entry nv
North America sworn to April l6 1910 by John Taylor
giving Abel Shaw the owner invoice dated june A
1890 verified ON the 18th OF Jan to by Mr. shaw
on the 18th of jan Four packages 10, So ST. and o.
Were examined ana passed April Is 1870 The amount on
Carnes and Johnson. The duty was paid April 2Ist.
tAnother entry shown This is by the Adirondack;
sworn TO April 20 lSI0 Abel Shaw as owner Inyoi~.
dated June IL, 1889. Three packages pub.
lie store These numbered 1876 I33 lao and passed
goods were 1875 TO no and 1873 to i Anober entry by
ship Eutaw) Sworn to by John Taylor April 49, ie4o
for examination. ship arrived August 1880 sworn 10
by Shaw Jan. H. 1910. Passed In April IsaO by Louns.
berry and Csrnes, and vandcrpooL Duties paid April
Mr.. J. II. BLsrcKER examincd--Bccn in the Custom
House for IL years in various capacities. Was made De-
putty Collector July 1886 Was turned out of Office in
July, 1si1
Hovr-was james Campbell deputy collectora
Hoyr said there a corrupt agreement between
Taylor and Shaw 20 let the goods for half duties
and That Shaw was party to this corrupt agreement
Hoyr--Are there class Of citizens here called York
shiremrn
MILLER objected.
JrDor Brrrs-I may rule out the whole Of them.
BLrrcKrnThere were about 20 of them Ia 1896: about
10 or 30 Of them Botomley of hem John
Taylor was also Yorkshireman About threeourths OF
all the mportaons Of cloths and csssncres into this port
were made by Yorkshiremen. james Campbell was de-
putty collector up to about the 10th of April 1885, Can't
that John TAYLOR junr generally made his entries be-
fore Mr.. Campbell
Hoyr-What is your impression
MULLER objected.
JupoE BHTTs-Sta.e the fact.
BLrgcKrR-i don't know. In the Botomy case, Camp
bell in the habit Of sending that package of goods to
be appraised which invoiced at the highest price
The effect Of this would be threciourths of the