New-York tribune., 1902-07-12
TILT AT SILK HEARING.
HAS LIST OF IMPORTERS WHOSE
WEIGHTS HAVE BEEN INCREASED.

The third hearing in the examination Of A. s.
Rosenthal and Martin L. Cohn, comprising the
firm of A g. Rosenthal & Co.. charged with irregu-
larities in the importation OF Japanese silks where
by the government, II is alleged, was defrauded
out Of many thousands OF dollars was begun yes
terday before Commissioner Shields. Special Dep
uty Attorney General ". Wickham Smith and AS
sstant United States District Attorney Houghton
represented the government and ex-Judge Often
hoefer the defence.
Mr Smith asked for a ruling on the admission OF
the letter offered in evidence the last hearing by
the defence. written at the instance OF Secretary
Gage through OF his subordinates. II. A. Tay-
lor the Assistant Secretary. who said. among other
things. that he could for further
action in the case. This was alleged by the de-
fence TO have been written at the direction OF
President Mckinley after a thorough investigation
OF the charges against the firm Of Rossnthal
Co by the Treasury Department
Commissioner Shields said that the letter was
clearly nadmssible and that he would exclude It
for the present.
Ex-Judge Dittenhoefer demanded that the prose-
cution produce two letters sent by the firm OF
Rosenthal & Co. to Collector Bidwe on August /.
1901, and which he contended attached to the
invoices. Copies Of the letters were read by the
counsel for the defence and showed that the de-
PENDANTS had received letter from their branch
house in japan calling attention the that they
had omitted TO put in the invoice item of silk
handkerchiefs The Rosenthal letter asked that
the Collector reweigh the silk and add this item to
the invoice. Mr. Smith declined to produce the
letters. The defence contended that without the
letters the invoice offered In evidence COM
pete as legal record. and insisted they be pro-
duced.
Mr.. Smith said thai If ex-Judge Dittenhoefer
would admit that the invoice was offered at the
was made by his clients he would produce the
letters. The invoice he said. offered July
80 and the letters dated August and could there
fore not have been part Of the original record.
The defence. however refused to do this, and the
Commissioner decided that the prosecution need
not produce the letter
Mr. Smith. the examiner. who took the place OF
silks at under weight said he reweighed the goods
IN the invoice and found the silks proper were
short l.04s pounds and the silk handkerchiefs 101
pounds. This. he said. made total OF Lis pounds
OF silk more than the invoice called for
of that amount The two letters calling
tention to the shortaee in the invoice. and which
the defence demanded that the prosecution pro-
attached TO the invoice when he received It.
do you know merchants, importers, whose
weights have been found short much 30 per
cent by Appraiser Wakeman without prosecution7"
demanded Judge Dittenhoefer.
There objection and the question
cluded, which angered the ex-judge.
You have list Of merchants he declared. point
ing his finger at the Special Attorney General. ''of
importers whose weights have been increased
much as so per cent and without prosecution and
of them your clients, too
YES and you have similar list" retorted Mr.
Smith, 'and you don't dare TO tell where you got
IT. either. | dare you to" Mr.. Dittenhoefer paid
attention to the challenge.
Adjournment was taken TO next Wednesday.