The San Francisco call., 1904-04-22
HARTS FIGHTS
FOR HIS GOODS
Captain of U. s. Engineer
Corps Contests the Suit
to Confiscate His Baggage
WARES FOUND HIDDEN
Government Seeks to Get
Nineteen Hundred Pesos
From the Military Man

Before United States District Judge
De Haven> yesterday was begun the
trial of the condemnation proceedings
instituted by United States District At
torney Woodwork on behalf of the
United States against Captain William
H. Harts of the United States Engi-
neer Corps and certain dutiable arti-
cles alleged to have been found con-
cealed in his baggage.
It was alleged in the declaration filed
by Mr. Woodwork that Captain Harts
arrived at this port on July 10, 1903, on
board the United States transport
Thomas from Japan and that he made
declaration and entry of his bag
gage before the Collector of Customs
in which he did not mention at all
16 bolts of silk, AZ silk doilies, 80 pieces
of silk and embroidery, Il pieces of
drawn work, 6 kimonas, lace collars,
pieces of pima and just cloth, Satsu-
ma gold lacquer ware, Satsuma and
cloisonne vases, jewel cases, silk table
cloths, etc, all of the home value of
$417 S5. The duty on this valuation
was S2S9 49, making a total of $657 04,
and under section 2S02 of the Revised
Statutes Of the United States the pen
atty for failing to make a declaration
is three times the sum of the home
value and the duty, amounting to
s19T1 r. together with interest and
costs of suit added to the whole.
The defendant filed a contest to the
declaration in which he denied that he
came from Japan and asserted that
he came from Manila and that the YES
sci incidentally touched at japan on
the way out here.
He averred that he had no memo
randa by which he could have fully
set forth all of the articles mentioned
together with the cost price, and he
therefore struck out a printed clause
in the passenger declaration because
he could not truthfully subscribe to it,
He stated further that he did not make
a detailed list of any articles in his
baggage, intending thereby to indicate
that he submitted his baggage to the
personal inspection Of the proper Gus
house authorities, but he truly de-
clared six trunks, three pags, one box
and one other package, eleven pieces in
all. He denied that the articles men
toned were of a greater value than
1851 35. The additional defense was
pleaded that because he came from the
Philippines domestic port-there was
no penalty for his failure to declare.
Captain Harts also denied that he had
attempted to defraud the customs SER
vice and had been and was ready at
all times to pay whatever duties might
be imposed. A denial was also made
of the charge that he had concealed
the articles.
Customs Inspectors Charles A. Steph-
ems and j. Lundquist testified that they
found the dutiable articles concealed"
in the center and in the sleeves of four
dresses, seventeen skirts and one coat,
the personal wardrobe OF Mrs. Harts.
The wardrobe was not dutiable, and
the dutiable articles were so slowed
away as to escape discovery during an
ordinary examination. AL Dixon, a
newspaper reporter who was present
at the search. corroborated the testi-
mony of the inspectors.
1t was developed that Captain Harris
sailed from Manila and that his wife
boarded the transport at Nagasaki and
brought with her the trunks in which
the confiscated articles were found.
Deputy Customs Surveyor 'Chauncey
NJ. st. John testified that Captain Harts
had preferred charges of discourtesy
against him; that an investigation into
the charges had been had by special
agents, and that the Secretary of the
Treasury and Attorney General Knox
had exonerated the customs officials
from any blame and had commended
them for their action in the matter.
The trial will be continued on Mon
day.