Deposition of Jacob W. Davis from Civil Case Files 1853-1912, Case #1211 Levi Strauss et al vs A.B. Elfelt et al
10/2/1874
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Questions and Answers of Jacob W. Davis regarding the making of pantaloons using copper metal rivets and why and when. Jacob W. Davis became the business partner of Levi Strauss. These copper rivets become the trademark on the pockets for the Levi Jeans .
Transcript
Circuit Court of the United States Ninth Judicial Circuit,District of California
Levi Strauss [& al?]
vs.
A.B. Elfeldt [& al?]
No 1211
Be it remembered, that on this 17 day of June A.D. 1874 at my office in the United States Courts Building, in the City of San Francisco, personally appeared before me,
Joseph F O'Bei[rne?] a commissioner duly appointed by the Circuit Court of the United States for the Ninth Judicial Circuit in and for the District of California, Jacob W. Davis a witness on behalf of the Defense in the above entitled cause.
M. A. Wheaton and W. H. Sharp Esqrs appeared as attorneys for the Plaintiffs
And Jno B. Felton and Alfred Rix Esqrs as attorneys for the Defendants
And the said Witness, having been by me first cautioned and sworn to testify to the truth, the whole truth and nothing but the truth, in the cause aforesaid, did thereupon depose and say as follows, that is to say:
Examination in chief by Alfred Rix Esq.
Question:--What is your name, age, occupation and place of residence?
Answer:--My name is Jacob W. Davis; my age is 40 years and upwards; my occupation is Tailor, and my place of residence is San Francisco.
Quest
Mr. Davis are you the Jacob W. Davis referred to in the complaint in this case?
Ans
I am.
Quest
You are the inventor of the thing claimed in the patent mentioned in the case?
Ans
I am.
Quest
Where did you reside at the time that invention was made?
Ans
At Reno in Nevada.
Quest
When did you make that invention?
Ans
I commenced to make it in January 1871--the first pair of pants I made with rivets.
Quest.
What do you mean by commenced to make it.
Ans.
Well that was the first time I fastened pants with rivets.
2
Quest
What time in January 1871 was it.
Ans
It was the first week in January. Previous to the first week in January I did not make any pants.
Ques
Was it any ordinary rivet that you then put into the pants?
Ans
Yes sir - the same as now.
Ques
Whose pants?
Ans
I could not tell the name of the man he was a large man - sick with [dropsy?] - could not get a pair of pants in the stores to fit him. He lived across the railroad track from my place. He was a poor laboring man. He had a wife - I do not know whether he had any children. She, his wife said she wanted to send him up to chop some wood but he had no pants to put on. I never spoke to the man - the wife brought
3
his measure to me - the man being sick at the time. I saw him afterwards wearing these pants. I think it was only a few days after I made these pants for that man when he disappeared.
Ques.
Have you ever seen him since?
Ans.
No sir - I only saw him once in those pants passing my place.
Quest.
For whom was he at work at that time?
Ans.
Well - I don't think he was at work for any one, at that time.
Quest.
Do you know that he worked for anyone at anytime?
Ans.
I don't know the person - I could not tell.
Quest
Why did you say he was a laboring man?
Ans: Because his wife wanted me to
make him a pair of cheap pants, and I said I could not make them without taking the measure. She said he could not very well come as he had nothing to put on. So she took a string and measured him about the waist, and the inside of another pair of pants. This man wore common duck pants - & generally laboring men wear these kind of pants.
Quest
Did you see the woman measure him for the pants?
Ans
No sir I did not - otherwise I would have measured him myself.
Quest
Then, how do you know she did it?
Ans
Well I told her to go and get the measure and the way I did she did it was to make a knot in the string.
Quest
Was their house directly across the road from yours?
5
Ans.
Well I don't know where their house was. She told me she lived across the track and paid the money in advance for them which was all I cared for.
Quest
How much did she pay you?
Ans
Three dollars.
Quest
You furnished the material?
Ans
Yes.
Quest.
Was that the first time you used rivets in pants - or in other clothing?
Ans.
Yes sir.
Quest
Prior to that time had you ever used anything like rivets in clothing?
Ans
No sir.
Quest
Prior to that time had you ever tried any
experiments in fastening pockets to prevent their ripping?
Ans
I have tried experiments with the needle and thread but never before with rivets.
Quest.
What did you put rivets in those pants for?
Ans.
Well the woman asked me to make them strong as he generally tore off his clothes as she says. I was making horse blankets and covers for the teamsters at the time, and had used rivets for the straps on the blankets - straps in front - and [the?] crouper. Those straps were not sowed with seams - but were just rivetted together. So when the pants were done - the rivets were lying on the table and the thought struck me to [illegible] fasten the pockets with those rivets. I had never thought of it before.
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Quest
Did anybody else Did anyone else see those rivets in the pants at the time.
Ans.
Well I don't know if any one did. The woman came up & looked at it and she liked it.
Quest
Is there anybody you can refer us to that knew of your putting those rivets in those pants at that time?
Ans.
Well I really don't know as I could - I did not make a big thing of it - I sold those pants and never thought of it for a time.
Ques
Prior to that time had you been in the habit of making pants of that kind without the rivets
Ans.
Well I have h made some few - but of no consequence - I used to make fine pants prior to that.
8
Quest
How do you fix the time that you made these first pantaloons - as you do?
Ans
I fix the time by this - I got a bill of goods from Strauss I think it was in September 1870 - some ducking of which those pants were made. The woman came to me & she wanted those pants before New Year's - but I had work to finish & could not very well do it. I promised her as soon as possible after New Years. That is the reason I know of the date - That reminds me - because that was the first lot of ducking I got from Mr. Strauss, and it was from that ducking I made the pants.
Ques
Did you buy that bill on credit or for cash?
Ans.
Well I did not buy it myself - it was a cousin of my wife's who bought it. Mr My brother from Virginia City was down here at the time & I wrote him that I would like
9
to get some good ducking and I was not acquainted with any house here. So my brother-in law went to my cousin Packscher by name, well he went in with my brother to Mr Strauss and bought that bill of goods for me. My brother is law paid for that bill and I paid my brother-in-law.
Quest
When did you next buy ducking of Strauss?
Ans.
Well I next bought a mixed bill of goods. I wrote a letter to Mr Strauss asking him if I could get credit explaining the way I was working, and he sent me up that bill of goods - which was the first I got in my name - I am not positive whether it had ducking in it. I think that second bill was obtained a month after the first.
Quest.
What did you want the first ducking for?
Ans: I used it for [hose crossed out] horse-blankets covers & tents & that was my princi-
10
pal business after I knocked off making fine clothing.
Quest
When did you go to Reno to live?
Ans.
The summer when Reno was first started, [in 186 crossed out] I think in 1868.
Quest
How long did you live in Reno?
Ans
Well I lived in Reno after it was first started [a year crossed out] until within 15 months past. I do not know when it was first started. I think it was the 26 of April a year ago that I came to live in San Francisco. That I cannot positively say. It was April 26 a year ago.
Quest
What was your business during all the time you were at Reno?
Ans
When I first came there I built a brewery I started that same summer - I don't know whether it was in 1868 or 1869 - I started to build and it was not for myself particularly although I was partner in it, and attended
11
to that business it was called the "Reno Brewery" for about a year. After that I went up to Virginia for a while - I was not long there I was looking around - I was about two weeks out of business that is all. Then I came back to Reno and started a tailor shop which is my own trade. This was a couple of weeks after I left the brewery. I suppose I had been a tailor a couple of years before I made these pants for that stout man - I could not say very well how long I was a tailor before that.
Quest
What year was it that you first commenced tailoring [?] in Reno.
Ans.
I can't say particularly - It was shortly after I left the Brewery - I can't tell whether Reno began in 1868 or 1869. I commenced to build the Brewery in June 1869, and it took about 2 months to build it - and it was somewhere near a year that I continued as a brewer. I think it was early in the spring of either 1869 or 1970 I went to Virginia City - I could not tell the month.
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Ques
How long had you been tailoring before you got this first quantity of goods from Messrs Strauss?
Ans.
Well I could not tell - somewhere about a year I think - I could not tell whether it was two years-
Quest.
What month was it that you went into the tailoring business after the brewery?
Ans.
I could not tell the month as I never kept a set of books.
Quest
Could you tell whether it was in March April May or June?
Ans
No it was early in the spring. Perhaps it was March - I recollect it was early because it was cold & bought a store frome Chamberlain which I previously sold to hims [b crossed out] myself - and was taking in jobs of tailoring. [I can crossed out] I can recollect the times I was in different
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business - I can recollect the times I was in the different branches of business but can't recollect the dates but cannot recollect the date when [illegible] Reno was commenced.
Quest
Where did you go from to go to Reno?
Ans.
From Virginia City.
Quest.
When did you go to Virginia City?
Ans
Well I think it was in the spring of 1867. I am not positive it was that year. I came from Cariboo to Virginia City - I lived in San Francisco a while. Six months previous to my departure for Virginia City I come from Cariboo. I came here in 1867 from Victoria - I think it was about the 1st or 2d of January 1867. It was close after New Years. I do not recollect the name of the steamer I came on - I think it was the "Pacific," but I am not sure - it seems to me it was the Pacific - I don't recollect who was Captain of her.
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Quest
Are you sure it was in January 1867 you came from Cariboo -
Ans.
It was in January 1867. I was married on January 3d 1865, and it was two years after I was married that I arrived here.
Quest
How many years after your marriage did you go to [R crossed out] Reno.
Ans.
Well I was here about 6 months after my arrival from Victoria in business here. After 6 months I went up to Virginia City and was there a year - just within a few days of a year. Then I went to Reno.
Quest
What did you do while in Virginia City?
Ans
I bought out a cigar store, and kept it for a short time - only about 3 months & then went to tailoring.
Quest
When did you next make a pair of pantaloons after these first were made?
15
Answer.
Well I recommenced it then I think it must have been in February - I made some for teamsters. When I took their measure I generally took their names, but as they generally paid me I never thought anything about it. The earliest name date that I can give in [writing?]the name of a person for whome I made such pant was James A. Ferguson of Wordsworth Wadsworth - August 4 1872. He got four pairs of pants for customers. One pair of pants I made for himself but I do not think I riveted them.
The first date in that book is October 10 1871 (book referred to by witness) That book contains accounts of goods pressed by me for the stores.
Quest
Is there an earlier memorandum of pants sold by you than those sold to Ferguson.
Ans.
No Sir, I have not earlier than 1872.
Ques
Where does James H. Ferguson live?
Ans: He's a Store-Keeper in Wadsworth Nevada.
16
Quest
Can you give the names of any other persons whom you sold pants with rivets in the pockets before you sold [illegible] these to Ferguson
Ans
I do not recollect. Pants were generally made for travelers - teamsters, and not acquaintances of mine.
Quest
Can you give the name of any person to whom you spoke of riveting the pockets of pantaloons prior to the time when you sold those pants to Ferguson?
Ans
I don't recollect of speaking to anyone about it.
Quest
Will you give me the memoranda from your book which you just read from about the sale of the pants of to Ferguson.
Ans
Witness reads from memorandum book, "James A. Ferguson - 43-32-39-48-30-19-16 ½" - The memoranda in regard to the 4 pantaloons is as follows
17
"James A. Ferguson Jr. Aug:us 1 - To 4 p'rs pants $12 - paid"
Quest
What was Ferguson's order to you?
Ans
[I do not recollect crossed out] He was down there and I took his measure. He asked for 4 pairs of pants. He did not give any other directions to me: if he found pants that he liked he took them. Those 4 pairs of pants must have been already made - because [I did not agree crossed out] he did not wait to have them made - they were already made.
Quest
Did you call his attention to anything peculiar about them?
Ans
There was nothing peculiar about them. They were for working people - teamsters and farmers.
Quest
After Ferguson - between August 1872 and January 1873- do you remember any
18
other person to whom you sold pants with rivets in the pockets, if so give their names and place of residence.
Ans
[Richard Palisade crossed out] Prichard at Palisade in 1872 - Ferguson's [was the first crossed out] pants were the first I sold more than one at at time. The sale I made to Prichard was after the sale I made to Ferguson. The memorandum of the sale to Prichard, is as follows: "Prichard at Palisade Dr - March 30th . To 20 prs Duck Pants at $3 -$60." The memorandum of the sale to Ferguson is after year 1872. I don't know whether Prichards sale was after year 1872 or /73. I think it must have been after the year 1873.
Ques
Do you [kn crossed out] remember b of any sales between the sale made to Ferguson after the 4 pantaloons and the sale made to Prichard of the 20 pantaloons?
Ans
I don't recollect of any that I sold more than one pair I sold at a time and those
19
I sold as fast as I could make them.
Ques
Did you call Pritchard's attention to any peculiarity about these pantaloons?
Ans
I never saw Pritchard.
Quest
How were his pantaloons ordered?
Ans
There were teamsters that got my pants, went out there and other teamsters saw [sold crossed out] those pants and they got Pritchard to order some pants for them, and all I had on hand was 20 pairs and I sent him those. After that he ordered more. Pritchard's order was "send me some of you patent-riveted pants." The order was "send me some of your patent-riveted pants."
Quest
That was the first order he gave?
Ans
Yes sir. Every pair of my pants was marked "Patent applied for"
Quest
[Was crossed out] Were the pantaloons that you supplied Ferguson with marked "Patent applied for"
20
Ans
Yes sir. After I had applied for a patent all my pants were marked "Patent applied for"
Quest
Can you name any one person to whom you sold these rivetted pants prior to your application for a patent?
Ans
I really could not. It is so mixed up with prior and afterwards that I cannot tell. I generally sold them to travelers whose names I did not know.
Quest
Try to remember the name of some person prior to your application for a patent to whom you either sold a pair of pants or spoke about your invention?
Ans.
Prior to my application for a patent I did not sell to many no how - I made them but not in large quantities - and sold them as a general thing to travelers. I can remember faces but not names. The first one to whom I spoke about my
21
invention was through a letter to Mr. Strauss. It was some two years ago I could not tell the date.
Quest
The first person then I understand with whom you communicated about these rivets on the pockets of pants - was Mr. Strauss.
Ans
Yes.
Quest
And that was about 2 years ago.
Ans
I think it was about two years ago more or less.
Quest
What was the material of which the pantaloons you spoke of made?
Ans
Principally of duck - [illegible] of Denim.
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Cross Examination
Quest
How many pairs of these rivetted pants did you make prior to your application for a patent?
Ans
It would be impossible for me to tell you how many - somewheres about 200 (two hundred pants pairs.
Quest
Did you always intend to apply for a patent on these patents?
Ans
I did.
Quest
Why are you positive that the first pair of these pants you made were made from duck purchased of Messr Levi Strauss & Co.
Ans
For I never had any ducking on hand previous to that
23
Quest
Did you make more than one pair of these pants in January 1871.
Ans
I do not think that I made any more than that one.
Quest
About how many pair did you make in February 1871?
Ans
About ten pairs.
Quest
About how many did you make in March 1871?
Ans
It is pretty hard for me to tell. It seems to me that I made more in March 1871 than in February 1871 because the surveyors went out and I made a good many for the surveyors. Probably I made a dozen pair of pants in March 1871. I did not make many in 1871.
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Re
Quest
Who were the surveyors?
Ans
[A.J. Hatches crossed out] A.J. Hatche's.
Quest
I What time in 1871 did Hatch and his surveyors [in 1871 crossed out] go out.
Ans
They generally go out in the spring. I am positive they went out in the spring of 1871, but am not certain it was March
Quest
Did Hatch and his surveyors go out in the spring of 1871
Ans
They did. In 1871 I cannot say what surveyors went, nor how many pair of pants I sold them. I don't think I sold them in 1871.
Quest
Do you know the name of any surveyors who went out in 1871?
Ans: One man's name is Smiles; George Smiles if I am not mistaken - another
25
was Major Eaton - these two were the prominent men - the officers - [the others crossed out] I did not know the names of the other surveyors but charged the pants to Hatch.
Quest
Did you sell any rivetted pants to Hatch, Eaton, Smiles or any of the other surveyors in that batch gang in the year 1871?
Ans
I am positive I did in 1872 because I fitted out the whole crowd. In 1871 I think I did because I was making these rivetted pants. In 1871 I think I did. In 1871 I cannot recollect of any names to whom I sold rivetted pants. I can in 1872.
Quest
What colored duck was this you ordered from Strauss.
Ans
It was white as a general thing.
Quest
And the second [the crossed out] quantity you ordered from Strauss what color was that?
Ans: White. At that time that was the only color I got. I tried to get other colors but could not. Don't recollect of getting
26
other colors.
Quest
I You always made these pants of white ducks in 1871-2, Jacob W. Davis
Ans.
Yes sir.
Subscribed & Sworn to before me this 17th day of June AD 1874.
Jos F O'Beirne
U.S. Commis Cal[a?]
United States of
America -
District of California [squiggle mark] ss
I, Joseph F. O'Beirne, Commissioner of the Circuit Court of the United States for the District of California, do hereby certify that the foregoing deposition was taken at the Clerks Office of said court in the City and County of San Francisco District aforesaid, on the 17th day of June AD. 1874, at which time and place I was attended by M.A. Wheaton and Wm H. Sharp Esqrs - Plaintiffs' attorneys and John B. Felton and A. Rix Esqrs Defendants' attorneys and also by the witness who subscribed the foregoing deposition, That said witness was by me first carefully cautioned and sworn to testify the truth, the whole truth and nothing but the truth in the cause aforesaid, that his deposition was reduced to writing by me in the presence of said witness and from his statements and after carefully reading the same over to said witness he subscribed the same in my presence. Witness my hand.
[1211?]
U.S. Circuit Ct.
Levi Strauss et al
vs
A.B. Elfelt
Deposition J. W. Davis
Opened & refiled
by order of Judge
20 October 1874
L.S.B. Sawyer
Clerk
This 17th day of June AD. 1874.
Jos F O'Beirne
US Commr [Cala?]
This primary source comes from the Records of District Courts of the United States.
National Archives Identifier: 295938
Full Citation: Deposition of Jacob W. Davis from Civil Case Files 1853-1912, Case #1211 Levi Strauss et al vs A.B. Elfelt et al; 10/2/1874; Records of District Courts of the United States, Record Group 21. [Online Version, https://www.docsteach.org/documents/document/deposition-of-jacob-w-davis-from-civil-case-files-18531912-case-1211-levi-strauss-et-al-vs-ab-elfelt-et-al, March 15, 2025]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.
