Page:Federal Reporter, 1st Series, Volume 6.djvu/637

 WILSON V. COON. 635 �hand collars, with wide bands, to a customer named Beach, in 1876 ; that, at the request of Beach, the central part of the band behind was then eut ont with scissors, and a slit for a button-hole ^as eut above in the body of the collar, in one or more of those collars; that the collar was not then stitched up in Merwin's store, nor the new button-hole worked; that he never made any of sueh collars of the new eut to sell ; that he never had any in his store for sale during 1876 and 1877; and that he does not know of any collars ever being on the market for sale, made by cutting out sueh part of the band on the four-in-hand-collars. No original collar so eut out at the time is produced. Mr. Merwin now takes a four-in-hand collar and marks on it with a lead-pen- cil and says the change was "about like that," and that "it was eut out by that line about, as nearly as I can judge." Mr. Merwin says, also, that he either marked out sueh a col- lar, or eut out a pattem to make some by, and sent it to Mr. Crissey. Mr. Crissey states that Mr. Merwin, in the summer of 1876, eut out, in his presence, a four-in-hand collar, cut- ting the button-hole in the body above the band; that he, Crissey, had two dozen of sueh collars made at his factory in Troy ; and that he sold some of them, "if my memory serves me," and used part of them for samples. He does not de- scribe the collar. He is made, by leading questions, to tes- tify thus : "15 Q. Was the shape of the collar, so eut out, similar in principal and design to defendant's Exhibit No. 4 ? (Exhibit No. 4 being shown.) A. I should say that it was. 16 Q. It was narrowed in a graduated curve towards the cen- ter, in that form, was it? A. Yes, sir. 84 Q. And in the collar you manufactured, as testified to by you, they were narrowed down towards the center? Were tbey narrowed down, or not, towards the center, in the body of the collar ? A. Tes, sir; as nearly as I remember now." He says that he sent the two dozen, when made, to Merwin & Co. But Merwin testifies to nothing of that kind. On the contrary, he says that he never had any in his store for sale in 1876 and 1877. Mr. Crissey afterwards produces a drawing made v.6,no.6— 40 ��� �