New-York tribune., 1902-07-26
srulfIyG UP,IN ROSENTHAL CASE.
Ex-urpGE DITrENHoEFER BECOMES FAINT
IN PRESENTING ARGUMENT.

WI. ..ovs.,rot,on os A s. RosenthaI and Martin
S Cohn OF A. 8. Rosenthh & Co. charged WIN
defrauding the government out oi iaiee sN'. '
money bv means of false and fraudulent invoices
g rae,,y,ed Yesterday before Commissioner Shields
| in the Federal Building.
The Arst witness called Assistant Appraiser
Sherwood of the third division of the Appraiser s
stores He swore that the defendant Cohn had
called upon him at the stores and requested That
thirteen cases of Japanese silk, which formed a
mart of the shipment on which the second com
plant against the defendants is based be returned
TO the proper division and be re-examined and re-
weighed There had been error in the invoice
and he desired have it corrected. Cohn was
quoted saying.
This statement seemed to surprise Special Attor-
ney General W. Wickham Smith. who is prosecuting
the
did you not tell me-" demanded Mr.. Smith,
when I was investigating these frauds. that Mr..
Cohn had made such request, but that Mr..
Brown. the examiner hadT'
The witness said that he could not recall the
exact conversation he had with the prosecuting
officer. but that since thai date he had examined
the official data in his possession and found that
Mr. Cohn had made such a request of him.
Ex-Judge Dittenhoefer, counsel for the defend
ants, I'm his closing argument declared that his
clients had been prosecuted. This persecution. -
| he added, bears the earnarks of the immaculate
wakeman and the Special Deputy TO the Attorney
General"
The ex-judge spoke of the previous Investigations
| made by Collector Bdwell for the Treasury De-
partment. There was not, he said. a shred or evi-
| dence before the Commissioner that had been
produced in the investigation conducted by the Col
| lector. The lawyer read the reports of Collector
| Bidwel and United States District Attorney Bur
nett, in which those officials stated that they did
not consider there was SUFFICIENT legal evidence on
which TO maintain successful prosecution against
RosenthaI & Co.
Mr.. Dttenhoefer asserted that the defendants had
not tampered with the alleged short weight i'm
| portation, although they had the opportunity to
| do So and that they promptly delivered the goods
| 10 the government when asked to do So He also
said that Rosenthal Co. had asked for a re-
| weighing OF the alleged illegal importations.
After recess eX-Judge DittenhOefer resumed his
argument and discussed the charges in the third
complaint. Two letters, he said, attached 10
the invoice. being part of the official record but
when the invoice reached the court these letters
| which important to the defendants showing
| and explaining the apparent shortage in weights
missing.
They had been detached that your honor might
not see them. well knowing they would show these
| defendants knew that particular invoice was
wrong and desired to rectify it," declared the Ia W.
yer. The detaching OF these letters was an act
| a rombs shyster lawyer would not be guilty of
| i was not fair and it was beyond all bounds of
: At this point Judge Dittenhoefer announced that
& ne was Ieeilng faint and obtained an adjournment
promising to resume in the morning.