The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-07-01

suant to the directions hereto annexed and examined ON
the part the claimant dspose and say follows
viz My name is John Sykes am fifty three ears old;
reside at Leeds, in the County Of York, and
chant and am one OF the firm OF James Brown Coz am
acquainted with the said Francis Back burn, the claim
ant; have been acquainted with him about eight
years; | am not related to him in any degree of
shaw ana Abel shaw, two Of the witnesses named in
the title TO these interrogaores sold wooen cloths
to Thomas and Abel shaw in the year $780, namely TO
Thomas Shaw, about the twenty day of May
1885, and to Abel shaw about the thirteenth day OF
June 1889 which were packed or put in bales
marked and numbered similar those forth in the title
to these inerrogatories Nine marked T in TRAN
gle $780, 3o 800 303 30t 305 900 307 and 30s sold
10 Thomas shaw Eight cases or bales OF goods were
sold to Abel shaw at Leeds markell + in diamond,
li3, l4 las, lac ll7 lis li9 and 100 about the
thirteenth day of June 1889, and to Thomns Shaw
Leeds on about the twentysecond day of May 1892
Bills invoices OF the said goods sold furnished
to the said Thomas Shaw aud Abel Shaw respectively;
and annexed copies furnished of such inv fur
nished to Abel Shaw and Thomas Shaw marked with the
letters and ID. The said bills invoices did contain
just and faithful account Of the true and actual prices
which the said goods sold to the said Thomas Shaw
and Abel Shaw respectively The said sales the said
r. Shaw and Abel Shaw respectively actual sales
made in good faith and in the ordinary course Of business
and the said prices the fair market value OF the said
goods The said goods sold to Thomas Shaw od
ON or abou! the twenty day of May 1899
Abel sha~ about the thirteenth of June 1899
The goods were packed by our packer Joseph Marcro
by our directions agrceably TO the instructions given us
by Thomas and Abel Shaw respectively. The goods after
being packed sent TO Liverpool namely the goods
sold TO Thomas Shaw directed to the Rchar
Swire oil Liverpool and the goods fod to Abel Shaw To
Messis Leach Harrison and Company of Liverpool. |
don't know the port or destination the goods intend
cd TO he shipped for as we always consider have done
with the goods utter being forwarded by the agent
Liverpool The cases or bales not in any manner
changed altered after they packed until the
time they we're shipped to the knowledge of myself
and partners The cloths so sold to Thomas shaw and
Abel Shaw respectively had marks and numbers thereon
athe time of the sale thereof The said numbers and
marks were changed when measured before being
packed, as is usual, and the proper numbers
and lengths put on each ticket or label which
corresponded with the invoice The said pieces of cloth
were so packed after being measured without in any
changing tho said marks and numbers or either
Of them The said Thomas Shaw and Abel Shaw did not
purchase any other goods OF myself and partners during
the said year. 1899 othe same marks and numbers Fran
els Blackburn was present and assisted in the selection
the time of thcpurchase by Abel shaw but present at
the time of thepurchase of the goods by Thomas Shaw
1t customary in the English market make deductions
from the gross cost OF goods for unless stpu
lated for the contrary. The custom with us is as
as above stated when discount for allowed
saken Oft on the gross cost OF the goods the amount
after such deduction is the only which the pur-
chaser pays for said goods such deduction does appear in
the invoice invoices annexed to the answers to these
nterrogaories, which the allowance for
stipulated for.
JosEPH MAacRorr of Leeds in the county of York
packer, aged fity-six years and upwards being duly
sworn, doth depose and follows, viz My is
Joseph Marcrv am SO Of age and upwards; reside
al Leeds and am packer for JAS Brown Co. of Leeds;
know Thomas Shaw and Abel Shaw by seeing them
to the warehouse of James Brown and Company of
Leeds THIS witness saith, remember on about the
twenty seventh day Of May, 1899, packed at the
house of James Brown and Company wooen cloths,
which were packed or put in bales with marks
triangle 7, numbered 400, SOL 302 303 30 49, 500 3O7
and 30S also remember about the thirteenth day
of June 1889, packing the said warehouse of James
Brown and Company wooen cloths which were put in
cases marked diamond b. f. numbered lI3 l4i l45, i6
~ llS li9 and $50 1t is not the custom with the house
OF James Brown and Chmpany TO inform the packer whose
goods they packing who is the purchaser thereof
Amy thing further than what have above stated know
not.
Mr.. JEREMIAH LouYsprRnv examincd-I was assistant
public appraiser in the Custom House from 1884 and $780,
to May, isii Had been merchant since 1911 was well
acquainted with market value of olohs in the habit
ofexamining goods from Yorkshire closely to compare
the value with the invoice In 1888 and 1899, through
Mr. Hoy attention particularly directed to York
shire cloths. In fact hole corgoes of these
cloths examined (The appraisers books shown to
HIM examined all Mr. Blackburn's goods that arrived
here-thc whole IL packages. A suspicion was thrown
ont at the mei and therefore, very particular
IA examining those goods. They were found 10 be cor
rect At the second examination examined epery niece
IN the tchoe IL packages and found them be correct Mr.
Mead assisted me- We were always in the habit ofalow
1893 issued orders TO dsallow it. made any re-
quest that Mr. Blackburn should be brought before us TO
ascertain the market value. always considered the
doubt about it-never did have any doubt nboutit.
Cross-eranined BY HoYT-Aways paid great attention
to The mproN OF my judgment of the yaue of foreign
goods. i've always took examine the Yorkshire
goods keep the ofhe market value compare one in.
voice Of goods with others coming from regular houses
and by comparison of various goods and invoices
we formed a regular standard of yalre in
minds.
standard of value, but wasted many words.
Jupcr BErrs topt himtold him that the witness had
already answered the question-that the in which
the witness had oNained his standard of value was the
every merchant Obtained his
HorT then asked several irrelevant questions.
Judge BErTs-Youd better confne yourself to the true
limits of the oase-you seem to be beating the wind
you're going on now.
Wrrsrss9Mr. Hoyt once toll me TO allow the per
cent for measuent where the goods dearly charg.
ed III no more acquaintance with Bot,omlsy than he had
with your honor Ito Hoyp Qaughter Mr.. Mead assist
ed IN xaniinp the@c ba
him.
Horr-Never mind what he told you.
WrNrs,-Wby you told ms 10 say il great aue htcr).
Mr. Meal helped examine every piece of the seven.
teen packages Of CLOTH Tn goods Of Mr. Backburns
wore detained for SONS time He came AFTER and blowel
out about It, asked Mr. Hoyt, an@ he told dctain
the goods the invoice, forget which, and when Mr.
Blackburn came again, TO refer him to him. Finally a
ter close examination, the goods were passed.
JESSE HoYr here tried prove that many invoices had
been signed by the appraisers when they had
goods and to show the of business in the Custom
House had been done sloveny He said he had any
Judge Brrrs showed him the irrelsvancy of all this
had been already proved that all these II packages had
been examined.
Mr. MEAD examine1-was a principal appraiser in the
Custom House for eleven years Had been dry goods
merchant for many years. had good knowledge of the
market value of cloths in 1899; goods and invoices
daily; remember examining the packages of
cloth with MIR. Lounsoerry; my attention was particular
ly called to these goods by the collector; examined
these goods carefully every pece considered then that
the goods charged the full market value never
Blackburn was sent for by the collector we
had any doubt about the market the goods the
colIsrtor eXamdcd him; II a customary and general
rule make deduction Of five per measurements
Il was first dsaliowed after Mr. II vt came into Office
ther. was good deal OF Guctuaon in the rule; in 1895
and 1899 put good many goods up higher than the
Invoice; examined Blackburn's goods very carefully
Cr"ss E1'dI was by order OF ours that the clerk
put ii charges all bale goods and IA on all cases
these to be the total charges in all where the
charges were not put on the invoice. ] examined the
Cloths Of hr. Wood of an old gentleman, and Of Mr.
went into the appraisers lo examined the goods there
myself for thought he stretching the yarn too
much.
Mn. TRIPLER, cIdminsd.-Is now in the Custom House
clerk to the appraisers; been there since May 1895 Was
10 years clerk TO John Mortimer Jr., in Maiden Lane
Had good opportunity of acertainng the value of wooen
goods by observing the invoices Of all woolen goods and
the goods themselves and also in Mortimers store I'm
voices OF the IL packages shown 10 him) | examined
these goods-n Tho invoice Diamond r nack were