The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-02-11
THE Won DER HOYAS WIN
THE SMUGGLING CASE GOES
AGAINST THE GOVERNMENT.

ton.
The government lost its case against the
Won der Hoyas for smuggling. The case
went to the jury at 2:3O o'clock yesterday
and a verdict was reached in eight min
utes IN favor OF the Won der Hoyas.
The argument commenced yesterday
morning. The district attorney outlined his
argument, which was that theVon der Hoyas
made regular practice Of shipping violins
to this country merely for profit. and that
their evidence was oleverly given to conceal
the facts. He made brief
review of the case, showing how
the government had traced out the fraud
practiced upon it, and showing how strongly
the facts fastened the charge upon the de-
PENDANTS.
Mr.. duBignon's argument was lengthy,
eloquent and conclusive. He first recited
the law in the case and then reviewed the
testimony. He pointed out tue weakness
of the governments case and dwelt upon
the improbability Of an absolute stranger
being able to pass sixteen large boxes filed
with valuable musical instruments through
the custom house without examination,
merely on his declarations to the
inspector, and because of his
respectable appearance. It must
be an easy thing to evade the customs duties
II this is all that is required, be said.
NOT SMUGGLING PEOPLE.
Mr.. duBignon ridiculed the idea that
men Of respectable appearance were notsup-
posed to engage in smuggling and because
of such Appearance were not subject to the
close investigation provided for by the law.
Respectable in appearance and willing
to make an affidavit, said Mr. duBignou.
THAT IS all that is necessary, according to
these officers of the law, TO get sixteen
great boxes of dutiable goods through the
New York custom house without investiga-
tion. II this were true how long would it
be before every man who wanted to snug
gle would learn tho formula, put ON a new
suit of clothes, clean collars and cuffs and
high hat, get shaved. make an affidavit.
and smuggle III his SIS 900 or more OF goods.
What a great protection these officers are.
Judging them by their own statements, TO
the industries Of the country. What sub
lime confidence they display in mankind
when it presents respectable appearance"
Mr. duBignon attacked the testimony of
the governments witnesses In splendid
style. Special Agent Chamberlain came
in for a little touching up with the rest Of
the witnesses. His zeal in working up the
case was characterized as the pursuit Of
chimera.
XR. DU BIGNoN'S CONCLUSION.
Mr.. duBiguon said in conclusion:
II shall not ask you in this case TO do
any injustice to the government. Rich and
powerful as it is, II the evidence requires
you TO declare these goods forfeited, let
your verdict speak the truth, although the
effect may be 10 give the government that
which Il does not need. and to take from
this old man that without which he is poor
indeed. Nor shall I esk you to extend any
mercy to my clients as his honor remarked
to you in tie early stages of this proceeding,
you are TO try this cause as though it were
between two individuals of your city. /
feel that if ever evidence demanded q ver-
dict in any case, that this ia such a cause,
and in this have a consciousness that you
agree with me. | believe that both you aud
his honor upon the bench, whom know TO
be q firm ard fearless enforcer Of
the Flaw, aud at the same
time watchfal guardian Of the rights Of
the humblest citizen. will find in your duty
a pleasure to restore to this old man the
fruits of a LIES work.
AN ACCUMULATION OF INSTRUMENTS.
This collection of Instruments repre-
sent an accumulation of self-denials
and deprivations, reaching back to
the earliest years Of his life. It il
u.
and, i'll a measure, is shrouded with reco-
lections and associations which to him ere
priceless. These instruments with their
names and histories, to us SO dead
and meaningless, speak to him not only in
the language OF his art but appeal to the
profoundest emotions of his nature. recall
ing all Of the trials, the struggles, the emo
lions and the triumphs Of his career
Among them, N tho hands of the govern
ment for seizure and conflscation, are
mementoes OF his earliest years; memorials
of the most sacred and hallowed recollec-
tious, which bring back to him parents,
dead and gone, and which carry him
across the trackleSs paths of the waters to
the shores Of his fatherland; to the days and
scenes OF his childhoods prattle, his boy
hoods sports, and which now, as the
shadows of lifes evening gather, are priced
and valued es the most coveted of all
earthly possessions. Win you take them
from him9 With supreme confidence sub.
init the issue to your deliverance."
THE DISTRICT ATTORNEYS ARGUMENT
District Attorney Erwin had the conclud-
ing argument. His argument brought out
strongly the many contradictions and dis
crepancies in the testimony for the defense.
lie dwelt upon the improbability aud incon-
sistencY Of the claimants purchasing the
boxes in question in Germany merely to
bring to this country to hold musical in
struments which were already here: that
they should have been examined by an in
Bpector in New York who found nothing
dutlable in them and placed his mark upon
them accordingly, and yet whom the whole
family unanimously failed to recognize.
Mr. Erwin said it was strange that if these
boxes contained only clothing and house,
hold goods that they should be shipped to
Aax Anx Nt.S,.
la New York es musical Instruments He
declared that the signature Of Louis
Hoya" was DR.. Won der Hoya's own sig,
nature, made with intent to deceive, and
that the whole testimony for the defense
had been cunningly arranged to hide tn,
true facts of the case.
NOT THE ATTORNEYS FAULT
The district attorney handled the testi.
mony for the government skilfully aud tina
be did not make out a conclusive case wa
not his fault, but for the lack of evidence.
Judge Speer charged the jury to carefully
weigh the evidence and the law in the cas-
and make their verdict accordingly. H
made a very careful and impartial re
view OF the evidence submitted and ex
planned the law in the case.
The jury was instructed TO return
sealed verdict, which would be received q
10 o'clock this morning. After al
absence of some minutes they sen
word to Judge Speer, who was abou
10 leave the court room, that they woulC
return a verdict in five minutes.
Judge Speer waited accordingly, and
verdict In favor Of the claimants was re
turned.
1t was stated yesterday afternoon that tn
case would be ,re-enterei against the Vol
der Hoyas in another form. but Distric