The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-06-29
THE GREAT CLOTH CASE.
TuIRn DAy
United States Circuit Court.
Before Judge Belts.

Jesse Hoyrs sereneen packages of cloh.-Mr. BLEEcK
eontinued-John Taylors goods were
not usually consigned to order. The usage in the dis
charge Of packet ship was from five twenty days. il
goods were not permitted from ship they would be
to the public store under general orders that the
case usually with wOollen goods; they would sometime.
lay there year long enough to send to England and get
new invoices Wooen goods for the spring market usu
ally arrv cd late in the fall sometimes early the spring
those lot the winter market would arrived during the
summer.
JESSE Hoyr asked witness what led to the discovery of
Judge Belts again stopped him. and told him the ques
ton was improper.
whether Mr.. Campbell detected in defraudng the re-
venue.
The JupoE again stopped him, told him he must not
put his question SO, but ask what acts done.
BLEEcxER-We detected that false invoices had passed
between Dayton Campbell. Also there was similar
fraud in the of Bottomly fifteen packages by the Ros
coe package entered at the proper value those
entries examnedyesterday Of Mr. Tay lor's;
of character similarto Daytons and some were not
Cross examined ] examined Bottomlys goods; claimed
part Of the profits Of those goods got any thing
commenced suit against Mr.. Hoyt for my claim. He
said Mr. Coe and Mr. Craig objected to it, the money
paid into court by advice of counsel oddressd note
to Mr. Hoy requesting my share Of the forfeiture and the
merit day he dismissed me from office then withdrew the
suit, rather than lose my situation, and M. Hoyi,
on that considerations, reinstaed On goods
purchased in the North of England, it was al
ways the practice to allow a discount for mea,
sure. all the time have been in the Custom House.
more than II yearsuntil the proclamation of the late
Collector to the contrary; can't when that rule
changed On some few goods from part ofEngland
discount was not allowed Although Mr. Hoyt in
Identified and had the letters of Mr. Craig and Mr. Coe
he dismissed mo from Office when made tho claim
To Howl was not reinstaed until sent you letter
Withdrawing my claim The letters which passed between
usyou know were destroyed and then was rensated.
JESSE Hovr then offered to introduce entries OF
Abel Shaws made in 1885.
Mr. LORD submitted to his Honor. Judge Belts that
Mr. Hoyts course in the present case was murder.
waste of time-he might with the propriety go
back for 90 years.
The JupoI finally admitted the entries
Mr.. LoRp-He must prove the entries.
JUDGE BETTs-Certainly
JESSE HoYr-Some were sworn to before Mr.. Campbell
R to are send Si'S Sr ''s
they object
JESSE Hoyr then offered to introduce % invoices from
Abel Shaw to John Taylor gr dated in 1888 and 1892
Mr.. MILLER insisted on Mr. Hoyts proving their au.
thencity.
Mr.. HoYr-Mr. Davisl
Another tedious pause.
Mr.. Horr-It's quite difficult to keep witnesses in
Mr.. Davis was found.
GEORGE DAVIS examined.-Thesc invoices were pre-
tries. (Others shown to him. All the invoices were
presented to the time Of the entry. Some for part
Of the goods, some for the entire. (Other invoices
HorT-Are all those invoices in the same hand
MILLER asked if they could prove hand writing by
Mr. DAVIS said that he did know any thing about the
Mr.. Hoyr said something that was unntelliVible
Judge Belts said that would be assuming great deal
He thought it admissible to let the witness say if the
hand writing of all the invoices similar.
Mr. DAVIS thought all these invoices presented to
him by John Taylor with the exception Of some pre-
them. Can only give mere opinion to the similarity
o the hand writing They all look alike-no here's
hat isn't alike. OF counsel can't speak with any certain
ty. Only as to my impression. 1.-TWO more invoices
were shown) Ishould think these were the same.
Judge BErrs-Youd better wait, Mr.. Hoyt and prove
them, before you ask any questions about them.
"a nrpgQ Dtadh v Iohp
Taylor only Judge by seeing the name the back
They were presented at the time Of the entrycan say
these to make me think them the same handwriting
HoyT-What is your belief
DAus-Why I've no belief about it sir, except very
vague and indefinite one. The handwriting does
emble; the figures are somewhat similar believe put.
ing all the circumstances together that they did
from different sources
HoYT-Who do they purport to come FRONT
Objected to.
Judge Brrrs-we had better not waste SO much time
in vague evidence like this.
HoYT-For want Of better proof we give the best we
can.
The witness says he cannot decide positively any thing
about the handwriting There has been great deal OF
line expended and better 20 once into the pro-
per details Of the
Mr.. OGDEN examined-was in the Custom House from
1881 to 1888; can't say positively if the invoices of the
Yorkshire importers were retained or not.
Cross-erdmined-Dont think there any difference
IN retaining the invoice of importer than others.
horL..Yes but who did those importers generally
OoDEN-That's question can't answer, sir. There
we're several in the office before whom it was DONE
HoYT.-Yes, but who in particular
OGpES-I do not know Of any one.
HoYT-That's all, sir.
MmLER-Thats ALL sir.
Another long pause.
Judge BErrs-Come, gentlemen, do get on with the
case.
Horr-Anothcr witness has "juss stepped out"
Mr.. PLUME caed-Went into the Custom House in Nav
ls3sExamned the amount part Of the inv Of John
Taylor.
Az
talking
Judge BErrs said, he must rule out such cvidcnce-it
was not admissible according to law.
JESSE Hovr then made several other statements of
similar tedious character.
Judge BETTs very dry remarked. al supposed by
opening sir that you intended in some way 10 con-
acct Mr. Blackburn with Mr.. Taylors importations-
rafting 10 see u done"
Plume was dismissed.
WIN. G. GRAY, examined
JESSE HoYI asked him tho questions that he had
asked Of Mr.. Plume.
Judge BErTs-In what way does that differ from the
last question:
MLLER--Not at ALL
Gray was dismissed without giving any testimony.
JOHN WoopHEAp eramined-Is tailor in this city,
Been in the habit OF importing cloths and cassmcres for
several times. These papers an account of goods
appraised. The marks are Diamond B. r.. and Diamond
r. 1presume the prices here marked what made.
say that this of prices
the same that made at that time did not look the
paper made at that time TO if the prices put down
here were the same that gave; don't know in whose
handwriting the paper Isl cannot say that these the
prices; have no knowledge OF the prices at which ap
praised those goods
Mr.. HorrMsS here came to the assistance of Mr. Hoyt
IN very ingenious manner in order to get the apprase
men prices introduced in evidence; and witness then
swore that these prices were put down that paper
The time he made the valuation; he had doubt Of it.
MnLER-Cannot you let Mr.. Hoyt manage his own case
himself
HorrM.S-Havnf let him manage it long enough to
satisfy youl
Here there considerable laughter, even among
the jury, and the Judge forced to smile.
Cross-eramined by MILLER-Dont think the prices
carried out at that times don't know positive ely that
his is the paper Did not look Mt il after the ap-
praisemcn was over to the price, correspondent
The JcpGg thought the paper might be referred to in
Ter that witness might say what the prices put upon
he goods at the time they appraised.
MILLER objected and read the opinion of Judge Story
this in the of Wood and demanded that Mr.
Hoyt should show that there had been a public ap-
praiser 10 value these goods.
Mr. HorrMaS made very ingenious argument in favor
OF admitting the testimony