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2 pounds twine

5 pounds oakum

24 pounds sheet emery paper

8 pounds oakum, 96 cents; carrying water to boiler, $3.75.

100 piculs coals

Labor and coolies carrying flour.

28. 22 days, coolies running mill

2 carpenters

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10 pounds red lead

4.00

6 pounds oakum

1.25

1 barrel turpentine

.72

2,000 bricks lay around mill and well.

1.00

1 package screws

14.00

1 stick, 4 feet teak.

1.50

12. 7 carpenters

2.00

6 coolies.

2.31

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12 days carpenters.

1.50

dozen sheets emery paper

3.96

8 pounds oakum clean machine

.75

30. 3 coolies, 1 month labor.

.96

1 keg green paint

12.50

8 pounds tallow.

24 feet 2-inch plank

4.00

1.00

1.00

Oct. 30. 1 bottle of lamp oil

1 keg white lead

2 pounds nails

$0.25

10 bags lime plaster around well

Sand and 2 gallons paint oil..

4 coolies 1 day

4 carpenters 1 day, making box to catch flour and shorts

1 stubo board.

Nov. 30. 3 coolies 1 month

Dec. 12.

Paid of H. Gibson up to date for 128 days' labor

30. Rent of land and buildings the mill stands on for 10 months
and 16 days..

E. and O. E.

4.00

.25

2.00

4.20

1.32

1.32

.70

· 11.52 344.40

316.00

3, 106.85

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1869.

April 30. Interest on the above amount for 16 months, at 1 per cent.
Godown rent for 16 months, at $30.

587.90

480.00

To commission on sale of mill without my consent, being taken
out of my hands in November 31 last by power of attorney,
authenticated by W. P. Mangum, at 2.

137.50

Made up to April 30, 1869..

4,879.81

E. and O. E.

G. W. LAKE & Co.

[Inclosure No. 15.]

NAGASAKI, April 16, 1869.

SIR: Hearing that the arbitration proceedings in reference to the claim I have against Mr. R. J. McCaslin and the flour mill have been stopped pending an inquiry into a claim advanced by Messrs. Fogg & Co., I shall feel obliged by your attaching the flour mill now erected on my shipbuilding yard A at Namnohera, until my accounts against the same are satisfactorily settled.

From yours, very respectfully,

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To the United States consular court, Nagasaki, Japan:

G. W. Lake.-Defendant's answer and plea.-Summoned to answer the plaintiff, H. Schiff.

The defendant states that he never agreed to give up his lien on the flour mill erected by Messrs. G. W. Lake & Co., on the lot owned by G. W. Lake, and known as shipbuilding yard A, other than in a letter dated April 15, 1869, to Messrs. Adrian & Co., in which the defendant simply informed them that he had received their letter dated April 7, and would allow them, on Mr. Schiff's word of honor to pay me for the mill (after the arbitrators gave their decision), to take down the mill and remove it, but never gave my permission for the removal of the mill off my ground. I have informed Mr. Schiff verbally, both before and after the letter was written, that on no consideration would I allow the machinery to be removed off the ground unless Mr. Schiff would give me his promissory note for the amount due me on said mill, this being then settled by arbitration, my claim being $4,800, or thereabouts. This letter (if it can be construed into an agreement) was written to favor Messrs. Adrian & Co., as a final decision of the arbitrators was then to be given in two days. I did not give the word "remove" due consideration, but never thought the decision of the arbitrators was to be delayed by order of the United States consul. I have refused to remove, and it was and still is my thorough determination not to allow the mill to go off the ground till my claims were satisfactorily settled, and I even begged the United States consul, Mr. W. P. Mangum, to assist me and have the matter satisfactorily settled, so that there would be no trouble hereafter; the only answer I could get was that "the letter written by R. J. McCaslin, seen and agreed upon by Adrian, was all I required." On the strength of that I allowed the men to work removing the machinery belonging to the mill, so that it might go off my ground when I was satisfactorily secured, according to the arbitrator's decision.

As to the question of damages and demurrage for detention of brig Nogie, the defendant has good reason to believe that the brig is sold to Japanese, and is not the property of Adrian & Co., and is bound to Osaka if she takes the mill or not; secondly, that she is not yet loaded, but is awaiting for other cargo, and consequently is not detained at all to receive the mill.

If the court award damages, it should be against the mill, not against the defendant, who only wishes to be secured, and never engaged ship or freight with plaintiffs for said mill. The defendant further says that, as he has a lien on the mill for rent due and money expended, which mill is on his property and in his possession, there is no law of the United States, to his knowledge, which can compel him to give up this lien until he is properly secured.

The defendant further states that, from the discrepancy of the statements made by Messrs. Adrian & Co. and Mr. R. J. McCaslin, he has good reason to believe the intention of the parties is to deprive him of his lien. These letters are contained in the letters received, viz. the letters from McCaslin state that the mill is sold for $5,500, supposed to be cash. Messrs. Adrian & Co., however, stated verbally that the mill is sold on a credit to Japanese, and also that they claim a com

mission. These transactions took place between McCaslin and Messrs. Adrian & Co., to which the defendant was no party; and if the defendant gives up possession, and the Japanese fail in payment, and also McCa-lin, to whom is the defend-. ant to look for payment without having some promissory note from responsible parties, or, as is usual in all cases in release of lien, to receive cash in hand? I have never delivered the keys of the mill unless on a receipt that they are to be delivered at my request.

The arbitrators in the case of defendant and McCaslin being ordered to withhold their decision, and Adrian & Co. refusing the security asked, the defendant holds his lien in said mill, and is ready, and always has been, to deliver it to any responsible parties either on receipt of award of arbitrators or proper security, satisfactory to him that it will be paid.

To avoid endless litigation the defendant has offered to take the lowest amount awarded him by the arbitrator for McCaslin, and leave the balance in dispute in the hands of the plaintiffs until a final decision is given by the third arbitrator chosen.

The defendant further states that he is not acting for himself altogether, but for the firm of G. W. Lake & Co. His partner also refused to deliver possession until the money awarded, or to be awarded, in the case of McCaslin is either paid or properly secured, and respectfully asks the following witnesses for his defense to be summoned, and their evidence taken under oath, viz, Captain Cowan, of brig Nogie; Mr. Robertson, of Messrs. Boyd & Co.; Mr. John Maltby, of Messrs. Maltby & Co.; Mr. Brunier, of Messrs. Case & Co.; Capt. J. U. Smith, of Nagasaki.

Signed and sworn to before me this the 8th day of May, 1869.

G. W. LAKE.

WILLIE P. MANGUM, United States Consul, Acting Judicially.

[Inclosure No. 17.]

No. 24.]

UNITED STATES CONSULAR COURT,
Nagasaki, May 7, 1869.

Sir: It has been a week to-day since an extension of time was granted you to give in your answer in the flour-mill case; although you were warned at the time to make no unnecessary delay, more than ample time has now been allowed you, and I have to inform you that if you do not appear by 11 o'clock a. m. to-morrow, the 8th instant, to give in your answer under oath, I shall proceed to give judg ment against you by default.

Very respecfully,

GEORGE W. LAKE, Esq.

WILLIE P. MANGUM,

United States Consul.

[Inclosure No. 18.]

NAGASAKI, May 7, 1869.

To the United States Consular Court.

SIR: In answer to your letter of this date, No. 24, I beg to inform the court that I did appear at the United States consular court at 11 o'clock a. m., as per summons dated April 26, and found the court-room door locked, and it continued locked up to the time I left to go home at 11 o'clock 45 minutes a. m. Plaintiff did not appear at the consulate. I was prepared to hand in my statement under oath, but as there was no court on the date of April 30, at 11 a. m., I consider the plaintiff is the defaulter.

I am prepared, and always have been, to deliver up the flour mill now in dispute on receipt of the amount due me for erecting said mill, and rent due; but as the money, as per the lowest arbitrator decision, and even good security, satisfactory to myself, is still refused, I will not deliver over my lien until I am satisfactorily secured against loss and all liabilities of hereafter litigation.

G. W. LAKE.

W. P. MANGUM, Esq..

United States Consul

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