New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-02-21
GUILTY OF SILK FRAUDS.
FREE ON THEIR WORD.
Merchants Wife OUercOme on
Hearing Verdict.

After trial lasting twenty-one days in which
the best legal talent obtainable was engaged,
score of witnesses were examined and 26S exhi0-
its were submitted to the jury. Martin L. Cohn.
the Junior partner of A. 5. Rosenthal & Co.,
Japanese silk importers. and Charles c. Browne.
a suspended examiner OF silks attache dto the
United states Appraisers Stores. were convict
ed OF couspiring to defraud the government
through fraudulent entries in the importation
OF silks yesterday in the Criminal Branch OF the
United States Circuit Court. The jury made
strong recommendation Of mercy in behalf Of
Cohn.
The verdict was a surprise 10 those who had
heard the charge Of Judge Thomas. which was
thought especially favorable 10 Cohn
Delaney Nicou and Judson Wells. for
Browne and ex-Judge DIttenhoefer and Frank
II. Platt FOR Cohu gave notice OF motions for
new trials and arrest OF judgment. and stated
that appeals would be taken to the United States
Court OF Appeals. Judge Thomas permitted the
convicted men to 20 on their own recOgniZances
until mex. Tuesday, when they are 20 appear
and renew their bonds. y. Browne having been
held IN $500 and IL Cohn IN $4,000 surety
This. according 10 some OF the oldest prac-
titloners at the bar. is almost without a 7rece-
dent Mrs Cohn broke down completely when
the verdict was rendered. and # was some time
before she could recover her Composure suffi-
cien,lv 20 leave the courtroom. she had sat BY
ner husbands side throughout the trial. Friends
Of the defendants crowded about them. assur-
ing them of belief in tleir innocence The friends
~ W Wickham smith. the Special Assist
ant 10 the Attorney General. appointed 10 prose-
cute the case. congratulated him.
II is understood that the government viii
make an immediate effort TO obtain the arrest
OF Abraham 5. RosenthaL the senior member Of
the firm of 4 s Rosenthal & Co. who Is now
said to be I'll I'm Europe and whose bail Of
$4,000 was declared forfeited by Judge Thomas
for his failure TO appear for trial. Mr.. Rosen-
thal's bond was signed by President Leo schles-
niger OF the Mechanics and Traders Bank and
Charles a wimpfheimer. a manufacturer OF
veIveteens at No. 131 Spriugst
The taking Of testimony IN the case ended on
Thursday night The prosecution had among
other witnesses the vice-consuls from Yokohama
and LYONS. France. and Mr.. Harrison, OF Lon
don. TO assist in establishing their contentious
es n the conspiracy which it was alleged. the
three defendants entered into TO defraud the
revenue.
Although court is seldom held on saturday
Judge Thomas decided. I'm view Of the length OF
,bs trial and the fact that the iurymen were
anxious to return 10 their business. that he
would charge yesterday morning. so that a YER
dict might be reached with the end Of the week
In his charge Judge Thomas pointed out that
,bere was no direct evidence against the de-
fendant Cohn but added that, II the jury
thought the proof disclosed conspiracy and
that Cohn remained passive, not sharing IN IT,
vet cosuizant OF it's existence. he was equally
guilty. with his co-conspirators. NO agreement
. ~ 4 conspiracy had been shown. the court salu'
but absolute proof Of the conspiracy was no'
necessary. II the evidences pointed inIerenlialiy
to u beyond d reasonable doubt
1,aro Thornas next pointed out that the de-
<.s,t r2rov,re was the essential part OF the con-
-, and that without him there could be no
oorsniracv and that. if the jury did not con-
.i5e- Browne guilty, It must acduit Conn But
-, the other hand. Cohn could be innocent ana
RroUne guilty, provided the jury believed that
rov,rA conspired with some one in the firm OF
RosenthaI & Co
That there was nothing IN the evidence to con-
meet Cohn with the alleged conspiracy uhth
sf,e- the arrival OF the silks in New-York was
.rother feature observed by the court
= vrss admitted 10 be illegal 20 sign entries
- blanr hut there was no penalty for so doing.
.,d its chief value to the jury must be in de-
tsrnining the crediblty OF Cohn. and what con-
st-,,ction should be placed on his doing an ad-
roitted and concededly wrong act.
The Jury retired just before noon. and re-
.,atnad ont until s O'Clock. When the foreman
announced the verdict ne nrst sIa'Cu tnaN 'iie
tu-v had found Browne guilty as Indicted
And we also" he continued almost inaudioiy'
as he stopped and stammered as If embarrassed.
&c find that Here again the much per
+rbs5 f,,ror stopped 10 Try TO rid himself of the
.,,,blesor,e lunp that bothered him so. we
e,d the defendant Cohn guilty as indicted. with
a strong recommendation to the mercy OF the
court
Through the foreman's peculiar manner OF an
,o,,cirg the verdict, the major portion OF those
/ 4, Tho room presumed. in view Of the charge OF
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