The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-07-02
TIL L GREAT CLOTH CASE.
LAST DAY.
United states Circuit Court.
p.fore Iudpe Rptta


LAST DAY.
United States Circuit Court.
Before Judge Belts
Mr.. LoRp commenced the summing up He said the
amount at issue than $4,000 in 1899 Mr. Francis
Blackburn bough. these goods of Thoma shaw and Abel
shaw. These gentlemen had bought the 7ame goods OF
james Brown Co.. and copied their invoices, making
them out Blackburn bought of Shaw instead of Shaw
bought of Brown; they added each package ISIS
in instances and los in other instances The goods
arrived here. Mr.. Blackburn came on to enter them
Mr. Hoyt violated the conferred the appraisers
sent for Mr. Blackburn and examined him on the 2lst oil
August; he didn't conine his questions to the legal points
but went and demanded OF him to show his books BY
the advice refused do and refused to
any more. Well after all this-ater he had raised
these very goods on the 2sh Of August. Mr..
ot got five or six sets OF appraisers to value these goods
ly invoiced. But Mr. Hoyt determined to worry this
man, ransackcd the whole city, and at last succeeded
in getting two who put the goods up in one case
~ per cent, and in another fifteen per cent; now
the question j., the goods falsely vaucdl
Are they nvoced at the price which Francis Blackburn
pail for theml II question whether these York
shremen all smuggler all cheaters of the
But these goods entered at fair valuel If these
goods are nvoced at the price which Francis Blackburn
paid for them, then matter what frauds Hoyt, or
Miller, Taylo may have committed not, and if
my client had been nected with the frauds of 1885,
that any why &c should be charged in 1899 with
false enriesl II Who makes slip is never TO
be allowed to rerace hi steps then had better go
on committing crime Till the day OF his death. But my
client had connection with the business of 1888 The
collector charges that these cloth frauds were done
through the cOnnly Campbell-Wel, he lett
Custom House in April, 1885, Then the pure
regn-the dynasty foyi Now is it reasonable to sup
pose that after Campbell leh-after the cloth sell
cures had taken paceaier Bottomley, Bent and espe
cally John Taylor allowed to be the smartest and
shrewdest importer that the Custom House had to deal
WITH is it reasonable suppose that Mr.. Blackburn him
self aYorkshireman, would attempt to have his goods
falsely nvoced and after the cry Of mad dog had been
raised aga John Tay lor and he was marked
the Custom House is it likely that Mr. Blackburn would
have his goods consigned to John Tayl Now to the
discount for measurement We find in thettrian lie T.
hnIu nt GhouF htc fpatn docs mt
pear. And in the Abel Shaw B. f. goods sometimes does
appear and with this deduction the b. F. goods not
put up by Woodhead much as 10 per cent whilst Tho
Shaws goods the who never had any connection
with Campbell the honest man, put up 10 per cent.
Now Mr. Hoy said that the discount for was it.
self evidence OF fraud and on this he got in all the test
mony he could and yet Lounsherry, Mead all the other
witnesses but one, swear wosa general rule And that
one Mr. Brown swears he never heard OF the rule and
when pressed by Mr. oyt this point that it had
been rule he should have heard OF it, And yet Mr.
Hoytkne OF it himelf-had disallowed ithen allowed
ithen there great commotion about in the Gus
tom Housend at last disallowed for the last time
Then Mr.. Brown swore the charges be per
least whilst the regular appraisers swear that they
made uniform rule for charges of on bale goods and
Il on cases. Mr.. Brown did not mean believe % swear
false but he has certainly shown himself to be unfit for
appraiser If of judgment is made by his Ho.
the Jud of six cents be made in OF
our small cour,s, get remedy in higher court
but If Custom House appraiser puts my goods % per
cent must pay it, end have .dy, although may
| be the most unjust thing imaginable Now Mr. Wood
head, the only witness brought here who put up the
goods, honestly that he can't tell the value OF
goods within cent and he o.ly the goods
OF Abel Shaw 3 per cent and the goods of Thomas
shaw were only put up 10 per cent. If there was
no evidence to rebut, all this you could take
this property away from the claimant such testimony.
But we have six witnesses, all of whom positively
| that the goods fairly valued and invoiced (Iere
Mr. Lord reviewed the testimony of Mead, Lounsberry,
Smith, Russell Savage &c.) Aud yet in the face Of all
his-with the decision of the government appraisers
these goods Mr. Blackburn had dared to offend his
dignity. And then Mr. Hoyts gross assumption and
abuse ofpower in calling Mr. Blackburn and ordering
m nrnl hts iyaia
the grossest violation of private rights lever heard Of In
nocenty done perhaps, but such man, except he
doing srvpI h. just such att as a grossly
ignorant man woAi do do MT bear hard on Mr..
law and all that hold dear this whole proc cedng
was gross ebomnahe use of power; he acted like pet
~ tyrant lording il his fellow men-if not wiliuy
most ignoranty and shamefuly showing that he only
wanted the knowledge to 10 any act however disgracefu
fever there which calls for the jury give
the claimant the goods without leaving their seats and for
ajudge to refuse to this collector rtcae Of "pro
babc cause which may protect him from the consequent
ecs OF this illegal seizure in another place. is this and
do therefore hope that jury acqut these goods
will refuse this Collector certificate for probable
Mr. HeYr said that the cause suspicion was that
Mr. Blackburn came to the custom house and claimed
goods marked diamond F., which John Taylor in
he habit OF entering the custom house He also dwel
long time on the fact that both invoices in the
handwriing He was going al great and extraordi
nary length into the domestic relations of the claimant
done wrong he begged pardon Of the Court he hadn't
summed up cause in and he supposed he should
swclled into size that he saw his figure
theatrical, and for stage effect calculated to excite
the anger of the jury against the late Collector because
there wasn't a spapcr in the city-and God knows
there enough Of them that has not had something
say against the late Collector But Mr. Lord had right
to swell his small fo m into size big Daniel Lam
berts II he pleased. don complain But Mr.. Black
burn is said 70 have good uncles-knd unces-such
les that hope you will all have such uncles and hope
you have one to spare Hope You give him to Mr..
oyt said that Mr. Smith the jester in the Custom
House. Mr.. Lownsbcrry he said had been taught his
knowledge OF goods by professor Boomey and professor
Wood and professor lor and unc Professor Day
ton Professor Bottomlcy had gone England professor
had the sagacy and the talent Qor he has both
to remain here Mr.. Hoy then made curious rambling
speech in which he said he took the responsibility of all
this measure spoke Of the currency the credit system
General Jackson Mr. Lords speech the steps Of the
Exchange, Kings Jester, the ingredients Of good
lawyer and pretty much every thing under the
He said If Mr.. Blackburn had made error
OF So only cents in the nyoiced value OF the goods
the goods must be forfeited in the eye the law although
this $4,000 eoparized for the sake Of S. Merchants
must be very careful in making out the full value Of their
goods for by petty frauds within the last 20 years the 60
venment has been robbed of 500 0Oo He went on at
some length about giving the value of the goods
JupcE BErTs corrected him. and told him that he had
forgotten the 9TH section of the act II only ncccs
sary that the goods should pay duty the market value
abroad without reference 10 inv DICE price, other
price
Mr. Hoyr thought the law different.
He could not find some papers, and the Court adjourned
Common Council.