U.S.versus Franklin W.Smith: Argument for DefenceA.Mudge & Son, 1865 |
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U.S.Versus Franklin W.Smith: Argument for Defence Benjamin Franklin Thomas No preview available - 2015 |
Common terms and phrases
2d Cut accused affidavit allegation answer B. G. Smith Banca and Revely Banca tin Barnes Benjamin G best quality bill Bill August bought Bureau of Yards cent Charlestown Charlestown Navy Yard contract of Oct contractor court martial Cross-Int cut files delivered by Smith delivery difference dozen dross Dunnels Emery Cloth evidence F. B. Austin fact files delivered files were delivered firm flat bastard Fort Warren Franklin W hand-cut files hardware hundred inferior quality inspection integrity iron Judge Advocate kind of files knowledge machine machine-cut files machinery machinists manufacture matter ment Merriam metals Navy Yard neglect of duty prosecution purchase purpose quality and value question received recollect requisition Revely or Straits Revely tin Smith Bros Smith Brothers solder specification statement Straits tin supply swear Taper Saw Files testified testimony things tion Whipple files wilful neglect witness Yards and Docks
Popular passages
Page 74 - For they bind heavy burdens and grievous to be borne, and lay them on men's shoulders ; but they themselves will not move them with one of their ringers.
Page 126 - I, AB, do swear (or affirm) that I will truly try without prejudice or partiality, the case now depending, according to the evidence which shall come before the court, the rules for the government of the Navy, and my own conscience...
Page 122 - They told me they wanted me to sign it. I told them I would not sign that paper without making rejections in it. They said it would not make any odds. I did not resist. If I had, I suppose they would have forced me. I suppose I was forced to sign it; I suppose so, I do not know. I do not know what they would have done to me if I had not signed it. Question repeated. Ans. I suppose I had a right to decline. I was not forced ; there was no forcement.
Page 101 - ... to insert that the files should be hand-cut, and that, having inserted that requirement, you took care to see that hand-cut files were in fact delivered. State the degree of assurance with which you can state to the Court that the files which were delivered under that contract were hand-cut ? Ans. The files for the most part — I believe all of them — passed under my personal inspection ; on the receipt of files in response to requisition they were checked on the requisition which I made,...
Page 21 - Revely" what brand was required. The answer was, "that, in all cases where it was foundry work, Revely or Straits would be the kind that would be received ; that, in those cases where it was wanted in small quantities, for solder, Banca would be preferred, as Revely or Straits was somewhat cheaper than Banca.
Page 40 - Dr. Hayes stated that he had been engaged in his profession as analytical and consulting chemist for 36 years ; that he had had a large experience in the assaying of metals and was acquainted with the varieties of tin known in commerce from seeing them consumed in the chemical arts, and from precise experiments in the laboratory. In reply to questions by the accused, Dr. Hayes testified : " I have recently made analyses of Banca and Revely tin, and I obtained the specimens from May & Co.'s store...
Page 38 - I have no doubt on the matter whatever, that the tin was Banca tin and Revely tin, the pigs or blocks having all the appearances and the marks that I have seen on such tin before. The Banca tin is cast in sand moulds, the Revely tin is cast in iron moulds. I took a hatchet, the clerk holding the hatchet, and I drove the sledge, cutting off a corner at the top and bottom of each • pig, for there is always a difference in the composition of the top and bottom of the pig of tin, the top always being...
Page 62 - The Seventh Amendment to the Constitution provides that in "[s]uits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved.
Page 40 - B" cast in the ingot, and the letter " 0" impressed by a chisel, the pig having been cast, in a sand mould; the pig of Revely & Co. was marked by the letters produced in casting, the metal having been formed in a metal mould ; these being designating characters.
Page 25 - ... run three months or one year, with a reservation of twenty per cent, a bid being made which amounts to a refusal for twenty or thirty days, and subject to terms of Government payment, what would you consider a fair addition to the cash market price on a sale to the Government? — Ans. At least ten per cent." " Cross-Question 52. Among Boston merchants what is the character of the house of Smith Brothers & Co. for integrity and fair dealing? — Ans. A No. 1.