New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-06-14

alleged as 10 his previous record, az
well as his record in Fifth Avenue. HIS
counsel moved before Mr.. Justice Blur
to exclude from the scope OF this ex,
animation all Of the facts with regard
to such past record, including the DIS
creditable" matters disclosed In the
bankruptcy proceedings. Judge BLUR
granted this motion on the ground that
such facts could not be proven TO sus-
tain the charge that Harris was SWIM
ding and fraudulent dealer in fifth
Avenue, or even in mitigation OF Dam
ages; that such defence "in fact has no
reference to or connection with the al
legged libellous publication
Moved TO Amend.
Sackett, Chapman e. Stevens, as coun
sci for The Tribune, thereupon moved
before Justice Donnelly for leave to
amend The Tribune's answer setting up
the exact nature Of the "discreditable
facts disclosed by the bankruptcy pro-
ceedings: in other words. TO show that
Harris's previous trade conduct had IN
fact been "illegitimate" before his IN
vasion" OF Fifth Avenue; that his trade
had in fact been "shoddy"; that while
conducting business at Atlantic CITY
in 1900 he had made a fraudulent sale
for the purpose OF defraudlng cred
itors; that under pretence of such sale
he had kept such goods in the hands OF
members of his family or in his own
control, moving them from the state
of New Jersey and out OF the Juris-
diction OF the Bankruptcy Court, after
ward selling them himself in the CITY
of New York; that when found guilty
of such acts by the Federal Court OF
New Jersey and ordered to restore sucn
goods 20 the creditors and TO the Gus
tody of the court, he not only ala not
do so, but fed the state TO escape ar
rest under the order Of the court ana
has since remained fugitive from JUS
tice and has never made restitution lot
his wrongs.
Judge Donnelly denied this motion
upon the authority of Judge BiJur
former decision. The Tribune imme-
diately appealed TO the Appellate DIV,
sion. and the matter was ther. argued
on June Q. Abraham II. Sarasohn. as
counsel for Harris, contended that The
Tribune had no right to go into the
past trade record Of Harris, but should
be confined TO proof OF its charge that
he was dealer in rugs, furniture,
fakes, frauds and swindles" In his Fifth
Avenue shop.
Henry w. Sackett, as counsel for The
Tribune, argued that II would be q
manifest injustice not TO permit tho
defendant to plead and prove In justi-
fcation, as well as In mitigation, the
plaintiffs "illegitimste" trade record
before hi. "invasion" Of Fifth Avenue
and that otherwise plaintiff might be
permitted 10 present to the jury the
question of his right to damages as
II none Of these swindling and fraudu-
lent trade practices and acts on his
part had been proved.
The decision of the Appellate Dr.
vision was by a unanimous court and
was in all respects in favor OF The
Tribune. II was held that Judge Dom
nelly's order should be reversed and
The Tribune permitted to set up in its
answer all the facts with regard 10
Harris's previous bad record.
Applies to Many Suits.
Counsel for the piaintiff admitted on
the argument that such result would
virtually work reversal Of Judge
Biiur's order also. The effect OF the
decision is applicable TO nearly. II not
unite all. Of the other libel suits OF
plaintiffs in a similar situation that
have been brough. upon the Adams's
articles.
The following are some Of the most
salient points of the amendment 20
The Tribune's answer in the Harris
case which the decision OF the APP
pellats Division permits to be pleaded
at is and was true, as stated In sara
article that there had been,
prior 70 the time Of said publication,
an invasion Of SAID Fifth Avenue OF IL
legitimate and shoddy trade by the
plaintiff and the other persons OF past
KID trade records mentioned in said
article. IL was true that the plaintiff
had. prior to such invasion by him of
said Fifth Avenue, been engaged in IL
legitimate and shoddy trade and trade
methods. Such shoddy trade was con-
Quoted by him at each OF his said pre-
vious places OF business.
"Flagrant instances Of such illegItl-
mate trade and business methods AM
practices on the part Of the plaintit
had occurred in connection with ms
conduct OF said business at Atlantic
City under the name Of jacques NJ.
Harris among which were his fraudu'
lent purchases and his fraudulent sale
Of the assets of the said business for
the purpose OF defrauding creditors i'm
medlately prior 70 filing a petition IN
bankruptcy, his refusal to obey the
order Of the court in which said bank
ruptcy proceeding was pending com
handing him TO turn over such asset
and his fleeing said State Of New Jer-
sey and becoming a fugitive from jus.
tice in order to escape the execution of
the order issued by the court com
handing his apprehension on account
of his said illegitimate conduct and
practices"
Recital Of Acts.
Then follows a recital Of the particu-
lar acts Of fraud as established by the
Federal Court in that proceeding, and
the allegation concludes as follows;
THAT said writ of attachment was not
executed because the plaintiff had re-
moved from the jurisdiction of the
court, had concealed himself and be-
come a fugitive from justice as afore-