﻿66 
  History 
  of 
  Durham. 
  

  

  manner 
  connected 
  with 
  Durham 
  tobacco. 
  Upon 
  any 
  fair 
  

   hypothesis, 
  it 
  must 
  be 
  decided 
  that, 
  according 
  to 
  the 
  evi- 
  

   dence, 
  the 
  word 
  "Durham" 
  was 
  not 
  a 
  part 
  of 
  the 
  brand 
  em- 
  

   ployed 
  by 
  the 
  said 
  firm 
  of 
  Morris 
  & 
  Wright. 
  

  

  When 
  to 
  the 
  great 
  preponderance 
  in 
  respondent's 
  favor 
  is 
  

   added 
  the 
  weighty 
  consideration 
  that 
  a 
  United 
  States 
  Court 
  

   has 
  found, 
  as 
  a 
  matter 
  of 
  fact, 
  (see 
  Opinion 
  of 
  Rives, 
  J.,) 
  that 
  

   the 
  word 
  was 
  not 
  used 
  in 
  the 
  brand 
  in 
  question, 
  we 
  cannot 
  

   but 
  feel 
  that 
  any 
  impartial 
  mind 
  will 
  be 
  forced 
  to 
  accept 
  the 
  

   respondent's 
  story 
  as 
  that 
  which 
  must 
  be 
  believed. 
  

  

  MR. 
  Wright's, 
  OPERATIONS 
  at 
  barbee's. 
  

  

  The 
  above 
  carries 
  us 
  down 
  to 
  the 
  first 
  of 
  the 
  year 
  1861, 
  

   when 
  Mr. 
  Wright 
  removed 
  to 
  Barbee's, 
  three 
  miles 
  from 
  

   Durham, 
  where 
  he 
  put 
  up 
  tobacco 
  until 
  the 
  close 
  of 
  1861. 
  

  

  Let 
  us 
  see 
  what 
  is 
  advanced, 
  if 
  anything, 
  showing 
  the 
  use 
  

   of 
  the 
  word 
  "Durham 
  " 
  there. 
  

  

  We 
  commence 
  with 
  Mr. 
  Wright. 
  The 
  examiner 
  says 
  : 
  

   « 
  Wright 
  * 
  * 
  swears 
  that 
  he 
  * 
  * 
  continued 
  to 
  use 
  it 
  

   (the 
  word 
  Durham) 
  after 
  he 
  had 
  removed 
  his 
  factory 
  from 
  

   Durham's." 
  With 
  all 
  respect, 
  Wright 
  swears 
  no 
  such 
  thing. 
  

   On 
  the 
  contrary, 
  he 
  cannot 
  be 
  made 
  to 
  swear 
  it. 
  His 
  evi- 
  

   dence 
  on 
  this 
  point 
  is 
  as 
  follows: 
  

  

  "Q. 
  State 
  how 
  the 
  tobacco 
  put 
  up 
  at 
  Barbee's 
  was 
  packed 
  

   or 
  sold, 
  and 
  whether 
  it 
  was 
  branded 
  or 
  marked, 
  and 
  how? 
  

  

  " 
  A. 
  Some 
  of 
  it 
  was 
  sold 
  in 
  barrels 
  and 
  some 
  in 
  bulk. 
  That 
  

   sold 
  in 
  bulk 
  was 
  sold 
  by 
  sample, 
  and 
  afterwards 
  put 
  up 
  in 
  

   boxes 
  to 
  be 
  delivered. 
  A 
  portion 
  of 
  that 
  was 
  marked 
  with 
  

   a 
  pencil 
  brush, 
  to 
  be 
  delivered 
  in 
  Raleigh. 
  I 
  don't 
  recollect 
  

   distinctly. 
  My 
  impression 
  is, 
  that 
  it 
  was 
  marked 
  with 
  a 
  

   pencil 
  brush 
  Durham 
  Smoking 
  Tobacco. 
  I 
  know 
  I 
  sold 
  it 
  

   as 
  such. 
  I 
  also 
  put 
  the 
  weights 
  on 
  the 
  barrels. 
  The 
  bal- 
  

   ance 
  of 
  it 
  was 
  sold 
  by 
  sample, 
  and 
  after 
  that 
  put 
  up 
  in 
  boxes. 
  

   I 
  remember 
  one 
  large 
  box 
  sold 
  to 
  Cheek. 
  The 
  balance 
  was 
  

   in 
  barrels. 
  A 
  remnant 
  of 
  that 
  lot 
  didn't 
  have 
  the 
  entire 
  

   flavoring. 
  The 
  lot 
  I 
  sold 
  to 
  Cheek 
  was 
  not 
  branded." 
  

   (p. 
  237.) 
  

  

  Nov/, 
  may 
  it 
  please 
  your 
  honor, 
  we 
  submit 
  that 
  an 
  anal- 
  

   vsis 
  of 
  this 
  answer 
  must 
  end 
  in 
  two 
  results. 
  It 
  must 
  compel 
  

   the 
  conclusion 
  that 
  Mr. 
  Wright's 
  testimony 
  is 
  Vv^holly 
  unre- 
  

   liable, 
  and 
  that 
  he 
  did 
  not 
  mark 
  the 
  tobacco 
  made 
  at 
  

   Barbee's. 
  

  

  