New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-01-09

some opinion Of the true cause Ivy putting MN OIL 'o
stand. g.. ~, 49,
O. am uquiring whether II is not possible that thGfe
sorebcaded gentlemen who have been removed may NOT
have given correct statement OF the cause n 1heIe
no Of doubt that sore headed gentlemen are apt 10
give one sided views anywhere.
Mr. Howe would suggest to the Committee that we
have spent nearly four hours IN hearing statement from
the last witness OF matters which he stated III the outset
that he did not know personally. II It Is TO he available
at ALL IL must all be established by other testimony All
that hc knows could possibly have been disposed OF III
len minutes am not finding any fault; | have not
made any objection. do not propose to make any OH
lection. II II is the opinion OF members that our ,'p
mony we are helpless. Still, must That II would
have been better Ia employ the limo in CANNING 'o
Witnesses 10 whom Mr. Reid has referred
Mr. Casserly-A great deal OF Mr. Reds testimony ~
Of that character which he derived from sources o. ID
formation AT his command as managing editor of THE
TRIBUNE; and my idea has been, as have taken oees
sion tn more than once, that such lnIOrfnon ~ NJ
mis- sibe before thus Committee under any view OF is
du Is. AT the time, agree that We may wen con
sdCr, when any other witness presents hms' 10 mNo
80 much testimony that Is hearsay, whether
his position is such as 20 make II worth our
while to listen 10 II, or whether We VI" VII
merely ask him for the names OF his witnesses; MT Reds
information was 80 much Of derived from his position
az manager OF this leading Journa-though ne derived
class of his information otherwise-that tnk the
great body his Information quite important ana
quite vauahe il shallturn ont to beas nave no dOuD
the nurp0rt of il will turn be substantially correc
Iagree that il il important shorten work as much
possible consistently with accomplishing what "e
MI Howe-Ths testimony will protract our labors
Mr. Cassery-On the contrary, think IL Will shorten
theni-suoh testimony as Mr.. Reid has given us.
MI Howe-There is point beyond which we cannot
20. When that time comes we shall have to stop. We
sit here forever continue for the whole sesSio
TESTIMONY OF THOMAS J. H0YT.
Thomas ]. Hoyt OF the long-established and widely
known firm of Naylor Co., was sworn and examined by
the Chairman, Senator Buckingham.
@. What is your residence A. No. Al West TWEEN
tieth.st.
O. What your business A. Importer Of iron, steel,
and metals.
Q How long have you been in the rusinessi A. Per
sonly have only been member Of the firm some five
years
q How long has your firm been in existence A. About
8 a part Of the time in Euelandi A. Yes, Sir.
q How long in this city A. For 40 OF 80 years
With the permission Of the Committee me witness
then read, portion Of his testimony the following
statement, together with official documents showing the
action OF officers OF the Custom House ana OIL tAe Oeu
states Court referred to therein;
4 STRANGE STORY OF OFFICIAL oUTRAGRs
On the afternoon VI the 18th OF September last our
counting house was entered by Deputy United States
Marshal and several persons, including four Special
Agents OF the Treasury who forthwith occupied our
desks opened and examined and threatened to remove
ddisclimnately all the books and papers they could
ay their hands on The authority warrant
ssued the affidavit Of George Browne, Treasury
Special Agent to the eject that I'VE we P hsh faHdn
Of least 10 per cent specifying five invoices OF
the same. George Browne had no qualifications what
ever forming opinion on the subject Steel rails
IRE welLknown article OF commerce, whose value Was
we'll known to the Customs authority, and fraudulent
lnderV aluatiou of them practically Impossible.
}ather than permit all our books and papers be taken
,way and our business entirely fopped we allowed the
HAMMERS to investigate the matter in office. We
endured their presence for five weeks during Whichti
,ur business was so seriously interrupted t6at II would
impossible 10 estimate the magnitude OF the loss hut
safely that, Independent OF the expense to
which We were subjected for counsel ices ana LOT the
harges Of two keepers who left by the L. :. Mar
,hal in premises dav and night all the time, our
pecuniary oss 10y this practical suspension oil business
Tor I'VE weeks amounted Ia very great sum. And II
we been perfectly innocent and determined not
submit extorOn 1t would have been polite course
n al 8l0OOOU. avoid the losses AMI
tho ra.t ernes efort r. ind0cn the sending Of
export 70 the Secretary OF the Treasury. This report
lad been called for 10y the department, had been sys
ematlcally postponed and promised again ana agan,
me fixed, and Col Howe had agreed 10 call at our
fce, and read his report 60 that We might understand
oming himself, ne sent note insructine
he examiners Ia enter our safe, examine the private
Iawers of partners and Others the ground that they
gainst MS While debating this point Of the
ners took NE aside and whispered suggestion that
better at 20 down and see Oh FRANK T. ho"e
he Chief Of the Bureau, which did, and after some
regarding the proposed examination OF our
safe, Col Howe exhibited paper which he sSid showed
that Naylor Co. owed the Government $s4OGo but th%t
there Was a way to hx the whole matter ana save Dy
hrm and himself al further rouets' ana tna1 was W
compromise. Col Howe then SAID he "as prepared To
settle the matter for $4,000 such proposition We never
contemplated for moment either making or ACCEPTING
anC Of course declined Col loves pIoposal We tnth
determined longer suffer this oppression n There
were auylegal means by which II could be stopped ana
to this end We made application TO the q, % DIs,o'
Court require Mr. George Browne 10 SHOW cause WHY
effect issued We then informed the secrSlIN vi W.
Treasury of proceedings, aud on the following sat
urday when the agument was to be heard IN Court the
Dtrlct Attorney AlIIeu ior pos loletioht IN
granted condition that the examination snoud Cease
and very afterward me secretary 81 me treasury ia
strnced the Collector To take charge Of the matter ana
a final order was then entered dsmssing the warrant
The examiners taking with them copies rom our uO9As
and correspondence which our counsel certified SIX
weeks thereafter the Collector sent to the DstTcAt
which We had been long seeking, and it appears mat
fine only items deemed worthy OF Consideration 10y the
which the difference between the duty actually pad dhd
that which upon the assumption OF the examiners
should hay paid amounts to SlTG and not one ~
thes voices was included among those spcched IN the
affidavit and warrant so that IN point OF fact al the
charges upon which the seizure OF our hooks WAS bdsed
,rrc tr3rtray dismissed by the District Attorney. A.
an instance of the evfWorkng OF the existing system
We deem il proper call attention TO the fact that
set of irresponsible and lncXpert subordinate oncla
have arrogaled 20 themselves NE practical revision ana
and Awaiting themselves Of the rigorous provisions OF ire
Act of Marvb 3 1861, are accustomed 10 swear ont var
ant which ty the practice OF the Courts in issuing them
nn n,ited forms Of affidavits framed in hare copp
ance with the law without any corODoratINe hsumon!
taken become In effect general search warrants rcUg-
nant alike u the Constitution and the liberties oNho
citizep and are Issued illustrated i'll our own case,
without any regard to the probabilities or netesses @"
the Gaze the character Of the frauds CHARGED or 81
partes implicated. and are unnecessarily Ldish' "ItCt
ING the innocent as seriously az the guilty. 80.
Nr. Casserly-Hour business Is extensyei a, hSs'
land and n very large mill in Boston
O. What the extent Of your business last year :
A II was in the neighbOrhOOd oi $l2,WONOO
q II would hardly pay your firm 10 run the risk which
tese proceedings entail upon you for f7i even you
had been so dishonest A. Certainly not
~ had Won ever any other questions with the Treas
urer OF with Custom house except those to which
vou have referTeda A. No. Sir; the contrary We
have been in referred 90 by the customs gu
tLortes here upon the construction Of the law, upon
q And I'M both the two cases 20 which you have re-
frcd the Government decided in your favori A They
did Sir , -, -, :.
o. How have your invoices stood during this period
A our have always stood az nigh II not higher
than other importers, Wherever tucrc
been doubt have always given tho benefit OF 1t 10
the Government
n sI2 IOOOO Will you state about what revenue the
oyeTnIaent derives from that III the form OF duties aud