Deposition of Wm T. Frank from Civil Case File 1853-1912, Case # 1211 Levi Strauss et al vs A.B. Elfelt et al
6/17/1874 - 10/2/1874
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Questions and Cross-Interrogation to be administered to W.T. Frank in the case of Inventor Jacob W. Davis who is defending his rights for the use of the copper rivets as fasteners on pantaloons, overalls, and coats. The first 4 pages are shown here. See the entire document in the National Archives online catalog.
Transcript
[Page 1 Mostly Printed]In The U.S. Circuit Court
District of California
Levi Strauss et al v. A.B. Elfelt et al
It is hereby stipulated that a commission in the usual form may issue forthwith in this case
directed to H.B. [Cessett?] at Reno State of Nevada as authorizing him to take the depositions of
J.C. Hagsman, James Chamberlain, Benjamin McIntyre [Hon?] Duck Manning, [Hon?] F. Frink
Simpson Cunningham,
Simmons, D.H. Bender, [illegible] Sanderland witnesses on the part of the complaints
subject to all legal objections upon the [illegible 2 words] cross interrogatores hereto attached.
M.A. Wheaton + G.F. + W.H.
Sharp [attorneys?] for Piffs
Theodore H. Hittell
Attorney for Defendants,
Question 1.
State your name, age, residence & occupation.
2. Here your stopping or in business at Cisco, California in the years A.S. 1867 and 1868 while it
was the temporary terminus after Central Pacific Railroad.
3. State fully what opportunities you had at knowing whether pants or overalls on coats were
made or sold or worn there having seams in any manner fastened with rivets?
4. Here any pants or overalls or coats made sold or worn in Cisco during said years having their
seams in [illegible] fastened with rivets to your knowledge.
5. Would you have known if any each pants or overalls on coats had been made sold or worn in
Cisco during said time?
6. Do you know or can you set forth any other matter or thing which may be a benefit or
advantage to the parties an issue in this cause, or either of them, or that may be material to the
subject of your examination, or the matters in question in this cause? If yea, set forth the name
fully and at large in your answer.
M.A. Wheaton + G.F. + H.H. Sharp
[attorney for Piffs?]
<Endorsed>
Filed Oct. 1, 1874
J.S.B. Sawyer Court
By [illegible] Beirne [defendant?]
In the United States Circuit Court—District of California,
Levi Strauss [illegible] v. A.B. Elfelt
Cross interrogatores to be administered to witnessed to be prosecuted, sworn and examined on
the part of the plaintiffs in the above untitled action, under the commission hereto announced.
1 st Cross Interrogatory
When did you arrive in the State of California—State all the placed in which you have resided
since you came to California, the State the length of your residence at each of said places—State
the occupation in which you have been engaged at each of said residences respectively, answer
fully and patiently.
2 nd Cross Interrogatory,
If in answer to any one of the [illegible] interrogatores you say that you resided in Cisco,
[illegible] County, California in the years 1867 & 1868 ordering either of said years state
precisely what was your occupation or occupation during your said residence at Cisco if in the
employ of anyone, in whose employ, if upon salary, what was your salary, also where was the
place of business in which you were employed, how was it situate as to the place where the
railroad train usually stopped, also where and with whom did you lodge.
3 rd Cross Interrogatory
Are you married or single
4 th Cross Interrogatory
Do you know the plaintiffs or any of them. Have you ever done business with the plaintiffs, or
with any of them, if so, for how long and to what extent, Do you now trade with the plaintiffs or
any of them?
5 th Cross Interrogatory
Where did you first know the plaintiff Jacob W. David and how long have you known him, and
have your relations with him been intimate. Has Jacob W. Davis ever talked with you concerning
your testimony in this such, if so, how often, and state what he said to you in these conversation
or conversation?
6 th Cross Interrogatory,
Who first approached you concerning your being a witness in this case, and what did such person
or persons say to your. To whom did you first communicate what your testimony would be in
this case, Answer fully once particularly.
7 th Cross Interrogatory.
Can you pretend to state, that you said every pair of pants, and say overall and every coat made
or sold or worn in Cisco during the years 1867 or 1868 or that your noticed the seams thereof?
Or that you noticed how said seams were fastened?
8 th Cross Interrogatory
Do your state, that if pants or coats had been used in Cisco, with the end of the seams thereof
fasted with rivets at any time during 1867 or 1868, that you would have seen them? Answer
fully and particularly.
Theodore H. Hittell
Attorney for Defendants
<Endorsed>
Titled Oct. 1874
L.S.B. Sawyer [illegible]
By F. Beirne [illegible]
[Page 9 mostly printed]
[cut off page] of America of the Ninth Judicial Circuit in and for the District of California, held
at this Court Room in the City of San Francisco on Thursday the 1 st day of October in the year of
our Lord one thousand eight hundred and seventy four
Present: The Honorable Lorenzo Sawyer, Judge.
Levi Strauss vs. A.B. Elfelt
On motion of M.A. Wheaton Esq. Attorney for plaintiff, Theodore H. Hittell Esq. attorney for
defendant appearing and consenting [illegible] it is ordered that a commission issue to H.B.
[Cossett?] Esq, residing at Reno State of Nevada to take the depositions of J.C. Hagsman, James
Chamberlain,[illegible] Duck Manning, WM T Frank
Simpson Cunningham
Simmons, D.A. Bender and [illegible name], witnesses on behalf of the plaintiffs herein and that
certified copies of the Direct and of the cross Interrogatories to be administered to said witnesses,
be annexed to said commission.
[Page 10 printed]
[page 11]
I hereby certify that the foregoing is a full and true copy of an original order made and entered in
the above entitled action.
Attest my hand and the seal of said Circuit Court
This 1 st day of October A.D. 1874
L.S.B. SAWYER, Clerk
By J F [O’Beirne?] Deputy Clerk
N o . 1211
United States Circuit Court,
NINTH CIRCUIT
District of Columbia
Levi Strauss [et al?]
Vs
A.B. Elfelt [et al?]
Depostions of A.H. Manning, Wm Duck, W.T. Frank and C.A. Simmons
Opened and [refilled?] January 19 1875
L.S.B.Sawyer Clerk
By JF O’Beirne Deputy
This primary source comes from the Records of District Courts of the United States.
National Archives Identifier: 295939
Full Citation: Deposition of Wm T. Frank from Civil Case File 1853-1912, Case # 1211 Levi Strauss et al vs A.B. Elfelt et al; 6/17/1874 - 10/2/1874; Records of District Courts of the United States, Record Group 21. [Online Version, https://www.docsteach.org/documents/document/deposition-of-wm-t-frank-from-civil-case-file-18531912-case-1211-levi-strauss-et-al-vs-ab-elfelt-et-al, April 20, 2024]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.