Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-03-15
WHEELING W. VA. WEDNESDAY, MARCH Is 1899
mo, sir"
Cross-examin by Major Lee, witness

Cross-examin d by Major Lee. witness
said:
Il asked my brother in Boston, E. C.
Swift, to go to Washington and agree with
Gecn. Eagan on the terms of the contract.
1t was finally agreed upon between my
brother and Gen. Eagan. 1 never met
Gen. Eagan previous to the time the con-
tract was signed
Il would like to have you repeat your
understanding of the contract with refer
ence to the time that beef was to keep
after issuance to the commissary," said
Major Lee.
My understanding is that the beef
should be useful for the army, which does
not relieve them from reasonable care. 1
should say to an extent of "A hours, If
necessary answered Mr.. Swift.
Il believe there is a clause in that con-
tract that says something about y hours
from the time the beef is issued from
the refrigerator on board the ship. and
"a hours from the time 1t would be issued
from the refrigerating plant on shore?"
Yes, SIR
Then, if there was no refrigerating
plant on shore, would the beef be ex-
pected to keep 70 hours leaving the ship?'
Not at ain That provision means that
refrigerators are to be built to take care
of the beef. If my memory is right, it
also provides that the contractors respon-
sibility shall cease after Y hours, that it
shall not be liable to condemnation after
having been 70 hours away from the
Ship
IF I remember correctly, Gen. Eagan
testified that the beef was to keep under
normal conditions, remaining sweet and
proper food, q hours after it left the re-
frigerator on shipboard, or Y hours after
it left the refrigerator on shore?'
THAT was not our understanding, nor
was it contained in our, proposal or in
the contract.
The witness stated that chemicals were
not in any way used as a preservative.
Col. o. NJ Smith, who has been the pur
chasing commissary of the government at
Chicago since 1885, said he purchased be
tween May II and July 9, 1885, 2, 1922
pounds of canned roast beef. The orders
for purchase came from the comm.ssary
general in every case.
What inspection were these purchases
subjected tor" asked Col Davis.
They were only inspected by sample"
liveres on the same day varies, one or
two cents a pound. What is the reason
for that?"
Those were not my purchases. They
were made from Washington"
On cross-examination, Major Lee said
You speak of purchasing this by sam
pie under the rush orders that you re-
ceived WHAT course or method was pur-
sued as to comparing these samples
brought to you with the stores pur-
chased?'
None. took 1t for granted that they
supplied the same stores that We're repre-
scented by the samples"
Col Gillespie What reason was there
for the commissary general making pur
chases in this market without your knowl-
edge?''
Il am sure l don't know
Gen. Davis: Did he ask you to send
any samples of Emory brand to him.
He simply notified me that he had pur
chased it and asked me to ship it."
Major Lee: THAT purchase was not
subjected to Inspection"
mo. 1 was simply ordered to ship it."
Witness stated that when he got sam
Piles he opened cans. and in every instance
examined the contents. Some of the meat
was eaten by his clerks and also some by
himself
The court then adjourned until 10 o'clock
tomorrow morning.