New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-01-10
Snrnrq A. DO not thnl, can state that It was mod-

DIAMOND SMUGGLING.
O. Arc thcrc or not moro persistent efforts made to
avoid paving the small duty upon diamonds than to aVod
paying the largo duty sugar. according 10 your eN-
pcrienccl A. have no doubt that IL SO; have no
doubt that n very large proportion of the diamonds
brought 70 this country are smuggcd but that does not
perhaps grow out of the fact Of the duty being great or
small but from the fact That the thing lisci IS so tn'
80 easily concealed and easily brought without ian
ger of exposure; n man cannot import very large
quantity OF without detection by tho vigilance OF
the oGcers hat he bring very large quantity OF
diamonds without detection, concealed about his person
in various ways; suppose that this small duty Is ny
posed diamonds chiefly from that fact, to take away
much as possible the induccment to smuggc thcb.
@. The risk in smuggling diamonds Is much Greater
than smuggling sugar that Is to the penalty Is
much moTel a. These considerations dSc)urdglng
those who would enter upon tho business oil smuggling
diamonds.
O. Does not you experience lead you to the conclusion
that man Is not governed ~ MS hostility 10 ParicG
lar class Of things but that he goes for the money! A.
think so; have given my views there seems to he O.
want of sound mou principle governing many men on
Q. This investigations as understand 1t, is aimed at
several objects One ID to find out how many rascas we
If can effective Of avoiding their ser
vices hereafter and OF detecting them Are you prepared
new legal safeguards which can throw around
any ono branch Of This utOm-ouse servlcel A. At this
moment cannot the subject is Onethat opens wide
field for consideration, and cannot undertake on the
spur of the moment to answer your question and make
suggestions for might give some very crude and III
dgcstcd ones what is wantedis appareno enforce inc
lawbut how to do IL is another thing think inc laWs
operate to prevent frauds frauds committed IN spite
OF the best laws l do not think Of particular instance
now in which an amendment would prevent frlnd, out
yet might, in looking over the several acts, h VI
suggestions that might do it, speaking Of diamonds re
minds of a case ought 10 mention, to illustrate tnV
general character Of what sad about e9InIrohsoS'
1t was case Of SMUGGLING diamonds whlch WIS CU,
promised, and about which something has Deen siHi
in that the party was arrested and ldentneu tc
diamonds he Struggled were scled ana cln,ll"' i.i
was also commenced against him; but he case was tI
matey compromised and the criminal prosecu,,on
dropped, and the causes were these' lie was 3"u5
man. an Englshman, who came to this country, Hi1
father being dealer certain class OF DIAMONDS ana
icwels-with the intention OF eSl'n5,E ii t IN 'n
kind Of business mere; ne zen mo tl' minus, -
| became entirely convinced subsequently, OF Two
persons who made him their victim in thc
first place one Of them persuaded nm ,,I taa
10 Ply SO N.Y. u tbot he would have 10 nav pretty
nearly their full value. II was perfectly easy for him to
Ing' I tI y Di"n, over i'm tbe soIne Shin
with him they met here person who entered into the
rlan and the diamonds brought ashore the papers
b, one narv ana fe diamonds concealed about The per
This man substantially under their control. He was
weak. inexperienced boy. Although a young man. %
with business ordinary Yankee boy Of IT, They
took him into Their possession one Of them was en-
owed by this young 10 dispose of his diunoudF
they substantially plundcred him of great |
lian and selling ticm when they found they
had reached point when he would not submit to any
because they wanted to punish him, but with view to
set the nformers share upon complete and full in
yo,tlcauou OF that case fet my duty TO recommend
the secretary Of the Treasury 10 take what few dia-
noudS had been seized but to let the of in all other
respects ana 1t was done; Ialt that | mad done no
wrong, and think everybody connected with that eX
felt that Ihad done right.
q Could YOU not reach the accOmpACcs9 4. The ac- !
completes indicted for the ohcnse; l know there
was case where Judge PerepOnt my predecessor at.
tempted 10 procure an lnhctWehJ AGAINST party nut
the Grand Jury rcusd TO udct; the parties had made
proposition for settlements since have come INTO the
ice tlc same ptI nav sottcu ny PAVING pehel''
the entire amount claimed by the Government; the pro
net uT,d WIEN me CaTd ry IessG to indic
The Chdrman-lou say mat 10 IS TIE general under,
prosecution should proceed. Is that cOrrcctl \. / |
Should not state exactly in that FORM say that there
tht the parties who make compromises do act. and
should think had violated an implied understanding if
pursued thom after accepting compromise, 1t beng
my rule That viii not accept compounds where there
O. DO understand that You win accept compromise
where YOU become satisfied that you viii receive as
much money or more by the compromise than you can
obtain any other way A Yes, have IN that cso OF
a. Are there cases Of fraud where the fraud has been
puued with such elaboration and prosecuted Win such
care and that become satisfied that ptcu-
mary compensation cannot Do Obtained Wy "a pros'Vu'
tionl \. I suppose there are.
THE QUESTION.
O. Are there any such cases compromised A. such !
cases have come to my knowledge but none such have
ever been compromised; have word 20 say with re-
spect to another tng and that the idea that sug
gosted here that il for the interest Of the Government
officers 10 make compromises; it certainly is against
their interest TO make compromises where the fun |
amount demanded be recovered ia an action, be
cause II dimnise pro t0ito their moicy in the II |
$1,000 Where they could recover s4UO tueY
get only half as much by compromising as they would 10y
prosecuting he suit. $1,000
in such casesf A. such cases are not compromised;
was speaking Of the idea that compromises made he
cause of the advantage TO be obtained by the parueS get
Nj Howe-Tle suggestion was that compromises were
made In which parties made more than was due the Gov
ermhent TO avoid criminal prosecution so that the Gus
toms officers; the noety men, would get not only nan
/ he amount Government. hut half for the
crime that had been committed and compromised A.
Mr. CasscrIy-I suppose the idea that the officers
entitled share in the moneys recovered by compro
amount to be received that that win bias his judi
ment to the course TO be pursued in the casef A.
think there Is suGh an ldea prcvahg aud tHit Is re-
garded Of the objections To that SYSTEM but 40
not any just grounds upon which that idea prevails,
il is Just the OF the officer for the
amount reduced by compromise the officers INTEREST,"
| @. I inanircd whether you know of a case where
party could pay S20O and where the officer settled the
| case by taking SlOOOOl A. think not.
for application because If they do that Of
they are never biased A. It is the right and the duty
the officers, under the laws 60 inform and the rights
Of the licers inform fixed from the commence
ment OF the action they have Their share OF me amount
secured whatever may De the result; their rights beng
by the law, they have interest to settle case
for $4,000 where ultimately $4,000 can he collected
cannot say but do not think II is ever done.
Mir Bayard-ls there not another view TO ne taken OF
this subject where the pFoporonate interest OF the az
fair is fxed2 II $4,000 is due Is 1t not for the interest
OF the Government that the whole should be exacted,
and, in addition 10 that the criminal penalties which he
has incurred rather than that settlement should take
|
thus protecting those who violate the law against the
interests the public at large A That depends on the
character Of the taking such case as the chair
man proposed TO few minutes ago, think that Is
proper case to prosecute ~ an respects to the maj re-
suit both Civilly and cT1minaDy II we c;sn
THE PROPERTY or COMPROMISES.
O. Yet you say there has been hut case under yonr
whole administration where you have procured that
suit? A. / spoke Of "a of smuggling; there have
been very few cases Of smuggling which have been pros
/ ecuted.