New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-08-16
A COINTERSUIT AGAINST JAYNE.

PLAT a. BOYD CLAIM HEAVY DAMAGES FOR TRES
PASS IN THE SEIZURE OF BOOKS AND PAPERS.
Mr.. JAYNE was made the defendant yester-
day. in a suit in which Plat Boyd plaintiffs. The
grounds of action set forth in the complaint copy
of which will be found below with the warrant on which
the seizures were made. Immediately after the begin
ming of the against Patt Boyd by the Govern
ment Mr. Jayne left the city and consequently the
mons and complaint in the suit brought by them against
him have been sent by post.
THE COMPLAINT.
John R. Plat and Edward A. Boyd agt. Beliah g.
Jayne.
The plaintiffs above named complain of the defendant
above named and respectfully show to the Court,
That at the several times hereinafter referred to the
plaintiffs were citizens of and residents
the United States and cOpartners doing business
merchants in the City of New-York, under the firm
name of Plat & Boyd, and engaged In large and
profitable business the purchase in this country and
the importation from foreign countries of glass; and the
sale Of the same at their store Nos 70 and 81 Murrayst
That on the 10th day of July 1s7S the defendant who
resident Ithaca, this State, came TO the afore-
arens:ond servants wiifuy. forcbiy and maciOusy
with noise and tumut assaulted the plaintiffs, with
Oaths, and violent gestures andwh threats OF lptson
ent and with force violence searched their store,
examined and read their BOOKS and papers the prop
issued by any Judge fOrcbly carried away and de-
prived them Of several books and many papers writ
ings and letters a hundred or more in number, and
which books and papers were Of great value, and
the property Of plaintiffs and used by them in their
business and which said books and papers were not par
euary described in any warrant issued by any judge,
violation OF their right and in violation OF the eonst-
tuition of the United States in the following clause there
Of 10 wit 1.-THE right of the people TO be in their
persons houses papers and effects against unreason-
able searches and seizures shall not be violated and no
warrant shall issue upon probable supported
by oath affirmation, and particularly describing the
place to be searched ana the persons OF tnsS 10 DC
That a portion Of said books were claimed by the
kap To in "a
is hereto annexed marked A, 10 which reference Is
hereby made, aud which warrant the defendant had
procured to be issued and placed in the hands OF
United States Deputy Marshal, then and there present
acting under the direction OF said defendant Inc plain
ts charge that said warrant was insufficient In law 10
authorize the seizure OF said books aud papers, or any
OF them
was then and there advised by the United States
District Attorney for the Southern District OF New,
York then there present his legal adviser and
prior said seizure that portion OF said books ana
such papers were not referred to IN sad warrant
could be lawfully taken hereunder; but the de-
PENDANT, wrOngfuy and recklessiy disregardlng tne
rights Of the plaintiffs and mallconsly intending 10
large Of money in order 70 Obtain BACK
their property and prevent the Interruption OF
their business and consequent injury TO their CONNER
cal standing and credit violently seized and took, and
caused TO be carried away all OF SAID books ana papers
said warrant those which were in any manner re-
ferred to therein to the great scandal OF tne
fame and standing in the mercantile community, to
ip the sum OF $4,000 for which the plaintiffs de-
mand judgment with costs. -
Stanley Brown & Clarke, plaintiffs attorneys.
CITY and County Of NeD- York. s. s-John r. Platt
being duly sworn that he is one Of the plaintiffs in
this action that the foregoing complaint true, OF his
own knowledge except the matters therein stated
information and belief aud as 10 those matters ne
believes IL to be true. JOHN X. PLATT.
sworn to before me this 18th day OF Jay, 1878 F. J.
Campbell Notary Public
THE WARRANT.
The President of the United States Of America 10 the Mar
shal Of the United States for me Southern Dstric Of
Eeso-York.
1t being made to appear to my satisfaction by the
complaint affidavit Of Geo. E. Priest that frauds
the revenue have been committed by Plat Boyd,
doing business Nos 70 and Murrayst in the City
Of NewYork engaged in the importation and entry Of
merchandise at the port OF NewYork within the South
ern District OF NewYork, which complaint and affidavit
sets forth as the of said Frauds the
of che same aud the imporatons in respect to which
they were committed, that said frauds consisted OF
procuring by collision with one or more Of
the officers of the Appraisers Department Of the
New-York and by falsely describing the
sad goods In the invoices presented at the Custom
s,ou Of the same portion Of which was marked l. r. p
e A. b. and brought into the port per Queen, March
xnr IL $50 Der Pennsylvania Nov H. 1870 said
candse consisting Of glass whereby and BY means OF
which wrongful classification OF said merchandise was
obtained and the duties thereon made greatly less than
the true aud actual amount thereof should
limited " stn,es ~ and when complaint and afda,
| VT sets forth that the account books invoices.
letter books ledgers and correspondence OF said Plat
q Boyd relating ~ said merchandise, and IN which
the accounts thereof entered or posted or Kept or
referred TO, will said fraudulent, false, and col
iusve classification Now. therefore under ana by var
, e he PoSeF vested Ia Inc by the second secton ot
tne Aci OF Congress approved March 1867, entitled
an act 70 regulate the disposition OF the proceeds OF
ne penaes ana forfeitures incurred under the laws
relating 70 tue Customs, and for other purposes, l.,
Shnuei blachtord Judge OF the District Court OF the
Obtea states Tor the Southern District of NewYork do
herepy REQUIRE 700, ny yourself deputy cater the
PROMISES IA the salu CITY OF New-YOrk Knowu Nos 10
ana 81 Mufray-sL, aud 70 take DOS ,ession Of ANY