The New York herald., 1865-01-10

n
lis issiamouy we're rsssis eosid nai. ONLY das.es
s T.: Sa;s s is' - :Ess ssu
charged q CO. and which he says ought % g eha:e
@ Pc : = s: sss. S s ssy sas. s s
Mr Co by examined everything In n csrefuIy ana pus
down the price according % his Srn krUs'sSss S~ s
y MsSsson Paeet and Fssss Ths should be enough
put he value Of the things In the stocking room beyond
including pulleys and hangers which L charged q
es 10 which s.oyer says should have been cnaIged
SD Ais H. hS cSy and 'Ss NJ Fs.s
testify that the whole o. esl ID The third tom
for putting and adjusting counter I shan ,eh soss
Gay should have been charged d ss machine nakinG
according to his computation, $3.50 His estimate =
r. asoa S coSy sSa Farce
fore, be no doubt that all tho tools and macninsy
were IN as a Sdas ssA
charged but much more we tins e.ssbii.h the jo:tiso
now 60 70 The next ;sDss q ~ i snS @
& - s 9s' the
cash book and ledger since found we're purned IN sns
Ore Mr. raes the pps III ssens asls s"s
FORE obliged to make out tho list partly from memory
and partly from the charges IN the cash eoox AZ, aney
did 20 E s 1as 81 ,hs Accuracy and MI
nueness that practicable and nt the cost appear
ing upon The cash book Slower however, obsrldes MN
self aso into this schedule Ho that the charge Tor
twenty ninc tool hands Is TOO large That instead q won
ty-nne there ought only to have been two he OF
ala not know no~ ha to we're enouch On
tho other hand, r Keene, Mr. Paret and Ar fsriee all
testify that they made up the charge from .nelr ow6
counted them, and they were oil fully employed II y
suggested however rather than attempted 10 be proved
IS anS ha s Of ought
no. to into the price Of the thing repaired Tnc
is wofold; 1st that there were no repairs D9s
ordinary onos and those Of very small account; ana
second that tho Of repairing, from ordinary wear
and tear enter into TIC cost and value OF manu-
featuring establishment The amount Of ordinary break
age In many kinds OF business that OF dealers In crocke
ry for instance enters into the price Of the articles sold
Withou. estimating that and putting upcn me un
losing business II thug appears that the machinery
purchased arso and the machinery and tools after
their actual cost and that the tools purchased OF Marston
put down ut their actual valuc as estimated by the
appraisers q whom MI Colby was one Ihe aacxs
has been made to show that these tools and machinery
ought not been charged at their cost but a de-
precation because they had been used They had bcen
in use but short time. The establishment na0 pcen
worked only about five weeks, and lad just begun 70
turn out its full complement Of guns1fty day. Under
these circumstances every witness who has testified on
both sides alrns that tho tools and machinery were
better not worse for the thus made Of them Some
Of the witnesses do indeed say that If scattered and
sold to third persons they would not have brought ~
much when now; but that Is not the test * ITS value
What was their pecunay value to the owner At tho time
OF their destruction IL the test They had in the
present increased largely IN price, in common
with ali other gun machinery, for two causes one the
great demand for guns orsing out Of the war and the
other the depreciation of the currency. The witnesses
generally say the increase had been from "
value of the tools and machinery which the rioters de
sroyed-not s97 7o2a Co. but upwards Of $l27 600 The
bincs So far az the finished carbines are
concerned there is no. complaint; but there y
% sss Sc
have never been able 10 discover except In the dis
position Of becrto 10 raise cloud under cover OF wncn
in question was peculiar Nobody else had right
70 make II; nobody else could male The goyernmsn.
fair prospect OF its taking One thousand and
nyfou had bccn delivered and paid for nve hundred
have been delivered that Ave thousand hse hundred
more were unfinished, In different stages Of the
process q ana won1 hsse phale Vs
thousand FIVE hundred In one hundred and ten DAYS
As fast as nnished and delivered the government
Ave hundred amounting II would cost u 05
gun to finish the first five hundrcdi " 40 the hss
oussd g % hs second E sos 20 snl6s ssa
hth thousand That to say would have cost $S go
70 nnlsh the whole; and, on hnshnG the proprietor
fore nearly three-quarters finished Under these cir
cusances the defendants counsel advance the strange
e. Mas Sna pn 70 sns Il.
parts Of these carbines separately valued and tho dns
rent yaluss added together Thus for example, w they
which completely formed and which only required
to DO brought together assembled s called TO make
should value the barrel by Itself the lockby ITSELF and
Of each Of the oher sixty parts end add their values
together % set tho amount 70 o. ca,nyd ssy We
was TO pay for (which was no more, as all the VII
say than It's fair value, and deduct the cost Of
bringing tho parts together Is not the true model
No other will the manufacturer, lcsa than
this is not indemnity II our mode is mot tho true
one then this result would follow, that while tho owner
of complete gun recover Us ful yope
from trcspasser who destroys 1t, yet If tho
owner hos pcrchance taken Y 10 piecos and laid the
parts each by Itself 10 clean them and they are all In
that slate destroyed, he only recover Of the tres
tho aggregate value Of tho separated parts sepa
ss ssSsa q
Dundcrborg, lying unfinished in Dir. Webbs ship
yard The rioters sought IT, Destruction Vas, now.
ever saved IL IL had 6een destroyed what would have
been the of Mr. wcbbs claim against tie cty7
Would IL have been tho price at which would sell In Its
incomplete slater That would DO very lte--probably
not hundredth Part Of what IL No merchant would
have bought H. For purposes Of commeice IL would
MOI have been worth dollar There would have ocen en-
value 20 Dir Webb for purposes OF sale 70 tue
mcnt that is the price less the cos, OF nns
inc H. Thus was the claim made up. When II camo
before tho Supervisors, the Examining Supervisor
directed his attention chiefly 10 another mode o esma
ting the value of the unfinished caTbne and that was
their actual cost Though that not suppose,
tine true mode Of estimating tho value, u SO happened
that the amount claimed and tho actual cost wore nearly
concdent Which way ths calculation was made,
the result the The elements of both calculations
stated In the testimony taken by tho Supervisors.
For the purpose therefore, Of scpcing cavl and dis
erming prsudcc by oi any ppssd profit Of the
proprietor will pow show the financial condition Of the
eetabshhhent II will thus appear that the carbines
actually cost all that claimed and moro, and that
when Mr. Blunt drew his conclusions from the cost he
drew them just accurately n he had drawn them
from tho price calculated by the government Here is
the profit and loss account from which you that am
justified n all say Tho clnm Of Mr. Farieo thus made
up amounted 70 t2O7 062 IL Mr. Opdyke did nos make
II up. He entered Int Of Ito detaila He In
formed Of the principle according 10 which the unfinished
carbince we're charged and approved ~ He rejected
Item which would have sweled L. The only Instructions
or advice which he gave WAS caution 70 Mr.
Tarieo 70 put In nothing doubtful, and 70 CIT,
II at all Ia hvog Of tho cy; and beyond this he had
part In Tho making up proof Of The claim
II was presented In The Of Mr. Faee because he
was the legal owner the property Stood In his name;
he alone sued for no aonc could have sued for his
receipt and roleass Was the and the only which
could protect the city against second claim The In
prcxlo of Mr. 0vufv ke a al m