The San Francisco call., 1905-05-20
.UNCER CITES
OLD CUSTOM
Seizure Clerk on Trial
for Withholding Moneys
Collected for Duties
PAYS ALL TO CASHIER
Collector Stratton Admits
That Unger's Predecessors
Practiced Similar Method

The jury for the trial of Cress Unger
was selected in the United States Dis
trict Court by noon yesterday. Unger
was indicted by the Federal Grand Jury
for larceny of sums aggregating $500
while acting as seizure clerk in the
Custom house. The opening statement
for the Government was made by
Charles M. Fickert. Assistant United
States District Attorney.
Bert Schlesinger of counsel for the
defendant made the opening statement
that he would prove that Unger as
seizure clerk had received small sums
for duties on mailed packages and
when these small amounts aggregated
considerable sum paid them to the
cashier of the Custom house. During
this time, said the counsel, Unger was
overworked, doing the work of three
men, and that he had made up his mind
to resign from his position and en-
gage in the business of making fancy
cabinet work, in which he was an ex-
pert. The counsel added that he ex-
pected to prove that Unger informed
Special Deputy William B. Hamilton
that he wished to resign and requested
Mr.. Hamilton to- go over his accounts
with him SO as to ascertain the exact
sum to be paid to the cashier; that
they struck balance on the books and
| that Unger Immediately paid the ball
ance to the cashier.
| Counsel offered to show also that
during the twenty-nine years of I'm
gers service in the Custom house not
a single dollar of Government money
had ever been converted by him to his
| own use
| During the afternoon Unger's wife
| and little daughter occupied seats in
| the courtroom.
| Customs Collector Stratton. the first
witness for the Government, said that
| he had never authorized the defendant
| to receive duties on registered mail
! packages or parcels post, or to sign
any receipts for said duties. Early in
October, 1904. he said. the defendant
came to him and expressed the hope
| that the witness would not report him
| to Washington, to which the witness
! replied that he was very sorry that the
thing had occurred. Unger expressed
the hope that the Collector would per-
nit him to resign and go into some
| other business. The witness Informed
! him that he could not forbear report
! ing Unger to the department at Wash
! ington; that, in fact, the matter had
! been already SO reported, and that 1T
would be impossible for Unger to re-
main in the Customhouse in any ca
pacity. Witness told Unger also that
he would not accept his resignation,
but that he would report it to Wash
| ington.
Mr.. Schlesinger introduced in evil
dence book kept by the seizure clerk
showing that Unger's predecessors had
been in the habit of collecting duties
and paying them over to the cashier.
The witness admitted that prior to
November s, 1902. it had been the Gus
tom for the seizure clerk to collect du-
ties and pay them TO the cashier, but
that on that date Mr.. Stratton made ar
| order prohibiting the practice. such
practice being in violation of customs
regulations.
''At that time," added the witness, y
directed all four departments, cashier
seizure clerk. adjuster and auditor. tc
stop that practice and have the import
er pay the duties to the cashier ane
bring back the cashiers stub as an or
der for the delivery Of the goods. Mr.
Unger told me that he had followed
the practice solely for the purpose o.
| expediting business"
The court then adjourned until Mon
day at IL a. m.