The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-10-10
IN SMUGGLING CASES
GOVERNMENT WILL NOT PROSE-
CUTE THOSE WHO PAID UP.
200 BEFORE GRAND JURY.
THOSE WHO DIDN'T PROFFER
DUTY ARE IN HOT WATER.

Grand Jury VIII Meet Nov. 1O-Ftrst
Announcement of Governments
Plans Made PubIic-ThOse who
Haven't Paid Duty on COntrRbRnd
Cigars VIII BE CriminaIIy Prose-
cuted-ThOse Debarred by statute
of Limitations VIII BE CiviIIy
Presecuted-Govern Will Get
About S4O.OOO-Mr. Leaken COmpIi-
mented.
The first official announcement of the
governments course in the big cigar
smuggling cases was made by United
States Assistant District Attorney w.
r. Leaken on his return from the
North yesterday. Those who have al
ready offered to appear and those who
have come up and paid the duties due
the government will be absolutely elm
mated from criminal or civil procedure,
and those who have not done so will
have to appear before the United
States grand jury, which will be called
in Savannah on Nov. 10.
Aug. 30 Mr.. Leaken appeared. by
order of the Department of Justice
and the Treasury Department, to de-
eide upon the status of the so-called
smuggling cases and to formulate plans
for procedure Mr.. Leaken is very eau
tious in his remarks, but admitted that
while those who have already offered
to appear would be eliminated from
the prosecution, that the decision was
final by both the departments that
those who had not done so would have
to face the grand jury, and, perhaps,
the court.
All VIII BE Punished.
This means that all those men who
have even purchased contraband CT
gars and have not settled with the
government will have to stand an in
vestigation before the United States
grand jury. OF course, those men
without the three years limit Ohe
criminal statute of limitations) are
simply subject to suit, with costs. that
is $50 a 900 and costs of suit, which
VIII be a considerable item itself.
Those within the three year limit are
subject to a fine of $4,000, in each case,
and Imprisonment for five years, or
both. in the discretion of the court
1t means that the gentlemen who
did not accept the invitation of the
government to come in and pay the
duties, will have to appear before the
grand jury. This WILL it is thought,
include 200 well-known business men
in Savannah and Charleston.
As to BrinsOn Himself.
Mr.. Leaken was asked if the elimina-
ton of those who had complied with
the requests of the government would
include Judson BrinsOn. This he de-
clined to answer. 1t is supposed, how
ever, from the evidence already ad-
duced and the information which the
government has in it's possession that
its path in the prosecution of the cases
will not be a difficult one, since the
principal defendants will give the
government all the evidence it de-
sres.
Mr. Leaken also declined to make
any estimate as to the amount which
the government had received, or eX-
pected to receive, from the alleged
smugglers, adding that he was not
the fiscal agent of the government.
1t is understood, however, that at
least $4,000 has been secured by the
Treasury Department, and it is be-
lieved that an equally large amount
ceeds in the prosecution of its cases.
MIR. Lenken COmpIimented.
The government, through the Secre-
tary of the Treasury, instructed the
Department of Justice to compliment
Mr.. Leaken upon his management of
the cases, and to give him entire con-
troll of the whole matter. This has been
done Mr.. McAtee, the special agent
of the treasury, appointed by Mr..
Cleveland, and Mr.. Leaken. appointed
by Mr. Mckinley, will have entire
charge of the cases, and whatever rec
concentration are made by them and
whatever action they take, Mr.. Nc
Aztec, as special agent of the Treasury
Department will manage the financial
part of the case, in connection with the
collector of customs. or his assistant,
and Mr.. Leaken will control the legal
part.
This announcement of the policy to
be pursued by the government is the
first ever made. Many in Savannah
and elsewhere have worried for some
time past over the matter. When the
cases come up for a trial there will
be some startling disclosures, 1t is said.
The list of 200, or more, who win
appear before the grand jury includes
the best known men in the community.
The government win accept no COM
promise but intends to push the mat
ter to the end. Needless to say there
are interesting developments in store
for the Savannah public.