The New York herald., 1874-11-12
IMPORTANT CUSTOM HOUSE SUIT.

Yesterday in the United States District Court,
before Judge Blatchford, the case OF the United
States VS.. the York Street Flax Spinning Company
OF Belfast, came up for hearing on motion OF Mr..
Owen, counsel for defendants, to send o commits
sion 10 Belfast, Ireland, to take the testimony
Of certain witnesses. The defendants are man
ufacturers Of linen goods. and 1t Is alleged by
the government that they exported to this coun-
try from January, 1873, to November, 1878, eight
shipments OF goods, which were entered at
the Custom House at an undervaluation. The
amount demanded by the government from the
defendants Is $50, 600 in gold Mr.. owen, In sup
port Of his notion read the afdavit OF Mr.. RoDer
s. Sinclair, the agent OF the defendants In this
city, to the effect that he wanted the test.
mony OF certain witnesses who resided in
Belfast; that he had been in Belfast dur
Ing the summer, but had been obliged
to leave without getting the names OF all the wit
part OF the defence; and that II was absolutely
necessary TO have their testimony, 1t would not
be safe TO go to trial without it. 1t would be
necessary to send TO Belfast to have the testimony
OF those witnesses taken In regard to the market
prices OF the goods the custom OF the trade the
manufacturers prices and the shipment OF the
goods. A cable telegram had been received that
morning, stating that the names OF the witnesses
had been forwarded. Counsel said he had not re.
ce1ved anv notice that the case would be pressed
on for trial this term. There was good defence
upon the merits. and the application for the com.
MisSlOu was uduc III kOOu IdItu du'l uOl lOT tHe
purpose or delay. Mr.. owen also read an a1iidavit
made by hmsef to the effect that during the
spring and summer he had been preparing
the case as iully as he could from the facts
IN his possession; but he had been unable
to complete 1t, inasmuch as many of the
material facts were not within his knowledge. He
asked that the commission DO issue to the Vice
Consul as he proposed to examine the Consu! at
Belfast as witness. The District Attorney read an
affidavit from special agent OF the Treasury in
reference to certain alleged admissions made 10
him by the agents OF the defendants in this city as
m n a nrip NJ WI ich
they sold them. Counsel contended that the de.
iendants had not shown sufficient diligence In
showing what witnesses were IN Belfast to prove
this was question OF the market value Of goods
at the time OF the invoice such value could be
proved by witness mere quite as well as at Bel
fast; hut II II was o question how the goods
had been purchased and what was the price
paid by the purchaser that. or course could be
better proved on the other side. Mr.. Owen ad-
mltted that market value could be proved here,
but the defendants were manufacturing COM
pany. Some OF these goods they bought In the In
terror OF the country, at Balymena, and these had
to go through the process OF bleaching This, OF
course, had to be added 10 the value Some OF the
goods were manufactured by the defendants and
some were not. Judge BlatchfOrd said the defend
ants ought to have known long ago what testi-
mOny they required. After some further discus
sion the District Attorney agreed to give Mr..
Owen certain stipulation IN regard to the case
which was adjourned till Monday next for the in
PRODUCTION OF any further AFFIDAVIT tnat Mr.. owen
NAV desire to offer.