New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-02
ALLEGED FRAUD IN LINEN IMPORTS.
of The suit of the Government to

CDNTINLAIiON
FROM HE YORK STREET FLAX sPISNING COM
PANY.
The trial of the suit of the Government to
recover 800 900 gold from the York Street Flax spin
ming Company Of Belfast Ireland, for alleged consgn-
meut OF linen goods at authorizations 10 lis branch
house in this city was resumed yesterday in tine United
states District Court, before Judge Daiciford. f. q.
smyth clerk for Thomas Kelley Co. OF Boston. testi-
fled that o73 this firm bought linen goods vi the Com
pany 1t appeared that the witness did not 90 to Belfast
and buy the goods, but that they shipped
in compliance with orders sent by Thomas Kelley Co.,
and Mr. Evars objected to the line OF the examination,
on the ground that transaction effected by communica-
tons between firm in this country with firm IN Belfast
did not show the ruling market price Of goods in that
place Mr. Smith argued that sales OF goods Effected by
letter or by order showed the market price Of the goods
as ooncluslyely as sales made in another way Judge
Batchord oYerued the objection, and the invoices for
the goods referred by Mr. smyth put in evidence
1t appeared by them that in 1873 the York Street Flax
Spinning Company sold Linens 10 Thomas Kelley * Co at
I4a pence per yard. Mr smyth failed to identity su-
GENTLY the linens and the evidence relative to them was
ruled out The Government claims that when the Com
pany sold linens to Thomas Kelley Co. at liSi pence
FER yard cOnsignng TO its branch house Ia this
city the quality O linens ut about pence less per
j. I. smith, the agent here for William Kirk x son,
manufacturers Of linens at Belfast Ireland e1ned thi
the linens made by that firm good as those made
by the York Street Flax spinning Company ana thtl IN
1873 he received cOnslSimeutS OF Ducn goods
liam Kirk & SON The invoices OF these goods were
offered in evidence. Mr.. Evarts objected and Judge
Biatchfori ruled them Assistant United states Dis
trct-AtOrney smith excepted 10 the ruling, ana stated
that ho proposed prove by them the value OF the linens
sent by william Kirk ~ son to Mr.. Smith. John Young
who In the agent in this city FOR the York Street
Flax Spinning Company testified that In that year he
received cOns nmens OF linen goods frem the Company
Mr smith offered evidence the invoices and letters re-
latlng to these goods; Mr. Eyarts ol9se1ed Oh
the ground that goods consigned In 1870 ana
their Invoices had nothing whatever TO do
with goods consigned in 1873. Mr. smith stated
that Inc offered the documents for the purpose OF showing
other fraudulent of the defendant. and that there
was knowledge it's part Of fraud perpoaed on the
Government by OF false invoices" Mr.. Eyarts
caimed that though inadmssiOo evidence tho docu
ments showed fraud any knowledge OF raud out
merely claimed the right 10 make deduction OF ia per
cent and that IL dsnge action on the part OF
the Government TO attempt 10 put them IN evidence
After long discussion, Judge Batchford excluded them
on the ground that the Jury would not DO warranted IN
inferring fraud from them X. h. j. Read the director
of the York Street Flax spinning Company identified
the for Of the goods IN question: ana SAID
they cost the Company lJ5d per yard less = per
cent, and less l37 per cent.
The trial OF this suit Will DO continued to-day