The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-07-22
IN BOND TO APPEAR IN UNITED
STATES COURT.
HEARING IN CIGAR CASE
WITNESS WILSON REMEMBERED
SOME THINGS, FORGOT OTHERS.

Question as to Judgment of Cigars
by Smoking Them-NeNv Warrant
Issued Making Specific Charges
Against Crimson.
The counsel representing Judson G..
Crimson, who is held by the United
States, under warrant charging him
with having to do with cigars of for
eign make, upon which the proper duty
was not paid, appeared in the hearing
before Commissioner Ryals yesterday
morning and objected seriously to the
| Introduction of witness w. L. Wilson's
testimony as an expert. The question
arose on the interrogatory propounded
by Commissioner Ryals which would
have brought out an opinion on the
cigars which Mr.. Wilson admitted were
sent to his house by Mrs. Brinson and
which he also admitted did not have
| the proper United States revenue
stamps affixed.
Messrs. Robert L. Colding and w.
w. Osborne protested that the COM
missioner should not require the wit
ness to say whether he thought the
cigars were American or imported, on
the strength of having smoked them
and United States Attorney Leaken
gave ample precedent and rule to show
that United States commissioners are
allowed the fullest scope in making
preliminary examinations. The ques-
ton was not directly answered, al
though it had been practically answer
ed previously, in direct examination.
Said He'd Hold BrinsOn.
At the conclusion of the testimony
given by Mr.. Wilson the commissioner
asked for any further testimony and
none being submitted, said that he
would hold j. G. BrinSon for trial. He
remarked in parenthesis that while
there was sufficient to warrant the
holding of the man under bond, he
did not believe that sufficient evidence
had been produced in the case to bring
about a conviction.
Immediately following this decision
United States Attorney Leaken an
nounced that he held a warrant for
Judson G. Brinson, which specifically
| charged violation of Section 1882 and
in which the handling of 1000 SNUG
gled cigars was mentioned. He asked
| that preliminary examination be or
dered in this case, and the hearing
set for Wednesday afternoon. This
was ordered.
Mr.. Wilson on the stand.
When the hearing was reopened in
| the District Court room Witness w
L. Wilson was recalled to the stand
and the examination begun previously
by Commissioner Ryals was resumed.
| Judge Samuel B. Adams, counsel for
p ar Osborne
Col Robert i. Colding, counsel for
Brinson, United States Attorney Leaken
and a few spectators were present
The defendant was also in the court.
Mr.. Leaken. before the examination
was resumed. explained to the COM
missioner that due effort had been made
to locate Mr.. Julian Solomon, an i'm
portant witness for the United States,
and that he was informed that papers
were served upon him (Mr. So1omon)
in Philadelphia on July 9, and also
that he left that city the next day.
Mr.. Leaken was of the opinion that
| Mr.. Solomon would be in Savannah
during TIE coming week.
Not Very Observing.
Commissioner Ryals asked Mr.. Will
| son to state just what purchases of
| cigars were made by him from Mrs.
Brinson.
Cigars were left at the house, dur
ing January and February, about two
or three thousand altogether" Mr..
| wilson replied.
Did you see the packages?" asked
the commissioner.
Yes
How were they prepared or ar
ranged?"
"They were wrapped in regular
wrapping paper"
Did you notice the brands?'
"They were 'Diligentias.'
Where were these cigars made?"
Il presume they were made in Ha-
Vana"
Were they regularly stamped with
United States revenue stamps?'
%They were not"
Through whose order were the ci-
gars left at your house?"
Il don't know"
What was. the price paid for these
cigars?"
Either $3.50 or 81 per box"
Were any of the packages left at
your house addressed to Lula Sloan?"
81 don't know any such address, and
didn't notice whether the packages
We're marked at all or not
Were these cigars bought through
Mrs. Brinson?"
Yes"
Were they imported cigars?"
Il believe they were"
You say that the cigars were de-
livered at your house?"
YES"
Prosecution Rested.
Mr.. Leaken announced that the
United States would not offer any fur
Their witnesses in the present cause,
unless the defense put up something
to which he might wish to offer evil
dence in rebuttaL
Here followed an argument regarding
conclusions on evidence submitted, and
at the desire of both sides the witness
was recalled. On the stand again the
commissioner asked the witness to say
where the packages of cigars appear
ed to have been made.
Il think they were made in Havana"
replied Mr.. Wilson.
Counsel for Brinson interposed that
all the witness had admitted knowing
was to the effect that they were Dill
igentas' and were without revenue
stamps
in your recollection, Mr.. Wilson"
asked the commissioner, what was on
the boXes?"
II can't tell who made them. Don't
believe ! ever looked at the boxes"
You smoke a great deal and are ia
miliar with different brands of goods:
from your opinion do you think they
were domestic or imported cigars?"
Here followed a warm debate upon
the propriety OF the question. and.
while the commissioner insisted upon
the question. il had been so much die