New-York tribune., 1875-10-06
REVENUE SUITS AGAINST CLAFLN & CO

REVENUE SUITS AGAINST CLAFLIN IL co.
C1vtI. Actions by THE GOVERNMENT TO RECOVER
81 800 OoO-CoNNEcTIoN OF THE NEW SUITS
WITH THE INDICTMENTS OF LAST JUNE-THE
SUM SUED FOR DOUBLE THE VALUE OF SILKS
AIIrcED TO BE sMUGGLED-wHAT TIE FIRM
INTENDS TO DO.
In the United States Circuit Court, last June,
Horace b. Clafn, John Cahlu Edward E. Ames' Horace
Fairchid, william s. Dunn, Dexter N Force, ana Danei
Robinson members OF the firm Of H. b. Claim q Co.. ana
william II. Tacott, the buyer OF SILKS iof lha'
firm, were Jointly indicted for buying, seinng'
and facilitating the concealment Of smuggled SILKS
valued at about S75OO00 John Donaldson the remain
ing member OF the firm Of II. B. Cafin Co., was not
Joined in the Indictment he did not come into the hrh
until January 1874 which some time after the COM
ssop NJ most of the alleged oensos and there was not
sufficient evidence to connect him with tue onehses
charged against the firm subsequent TO that time
In the United states District Court yesterday, Uhleu
States DisictAoney Bliss followed this criminal sui!
bv civil suits 10 recover &l500000, double the vale OF
the smucyed silks alleged TO have been bought, sod'
concealed and transported by H. b. Clatiin x Co The
suits arc brought under section Of the act OF Marcn D.
1923:
II any person persons shall receive conceal, OF OF
buy aIy goods wares merchandise knowing thelh 70
have been illegally imported into the united states anu
liable to seizure by virtue oi any act ~ Teiion ~ @
revenue such person or HeIso,ls Sl"it v" ,nt or
thereof forfeit and pay SUM dOuple inc po''t ig 81
Nalu a goods,
concealed, purchased.
The first of suits includes Talcot The buyer ana
all the members Of the fra OF H. b. Cahn Co. except
MI Donaldson, and is for S9l0,0o0 The second SUIT
includes Mr. Talcott and ell the members of The firm, ana
is for s56OOOO The suits begun by capias, and
the declarations in them have not been filed, but Mr.
Bliss gave the following explanation why Mr. Donald
SON. not being indicted, is joined defendant in one OF
the civil suits:
The silks concerning which the first suit is brought
were not received by II. b. Clafn Co., when Mr. DON
aiSOn was member OF the firm; therefore ne could not
bc properly made party defendant IN tlat SUIT IN tne
second sEit for the recovery Of S560O0O r Donaldson
made party defendant, because there IS now reason
10 believe that the silks concerning winch the sur j.
brought were received by the hTn Gttcr January ~
when Mr. Donaldson became member of IT. and II Is
therefore necessary to join him in the SUIT though ne ls
not joined in the indictment against his partners anu
their buyer.
Mr. Bliss saws That he shall press these suits for trial.
and in speaking of the criminal suit against members of
the firm he remarked that he could rot tell when
would tried he expected 20 be met with AL sorts OF
dilatory pleas.
Horace b. CaGin said yesterday that he had always
looked upon the entire matter OF little consequence
to his firm that he had paid very little attention TO the
charges He felt certain that there was no guilty know
edge OF the things charged by any member OF the hrn
The entire value of the smuggled goods alleged
to have been purchased by the firm, he said was only
about S6OOOO0. "Tbc case" Mr. Clafin added "is III
the hands of competent counsel and don't believe that
sufficient evidence be found TO even carry the matter
into the courts" He sad also that he had received no
notice of the civil suits. -
laWyer connected with one Of the firms which set as
legal advisers 10 H. b. ClGhn & Co. said yesterday Inc
civil suits are brought on the alleged cause OF ac
ton and for the same alleged frauds the revenue rs
INC criminal suits which ere the calendars of the
United States Courts for trial during the present term
They are not in any new actions cave that We
criminal prosecutions are made for the punishment pro
vided bJ statute and these civil actions are brougt
for the recovery of the OF which the revenue Is al
legged 70 have been derUudcd in Catim Co.'S mpOrta-
tons. The two modes OF relief will stand or iall toSter
these new suits not being possible TO maintain u tne
criminal prosecutions fall" Ii is the intention oil Cianu
* CO. to defend suits steadtGstly as thcy are de-
tending themselves ON the indictments ana tney nave re-
tsined ArnOux, Ritch d WOodiord and Nanderpoel'
Greln q Cunning in their delonse.