New-York tribune., 1909-10-30
YEAR FOR MUSICA
FOR CHEESE FR1UDS.
Judge Holt Sends Young Nan
t0 Elmira.

5sdge Holt. in tie Criminal Branch OF
tie United States Circuit Cour;, took oc-
Casion yesterday while sentencing Philip
Musioa 10 serve one year III the Elmra
RefOImarory and 10 pay a fine of $500
for defrauding the government ont OF
duties on cheese importations to modify
his opinion. expressed Wednesday, re-
sanding Collector Loeb's promise 10 re-
employ the customs men who nad con
fessed 10 accepting bribes
Al the hearing before sentence was
psssed United States Attorney Wise op
posed leniency and denied that young
Musica had been misled. which was the
plea OF the latter's counsel. And Mr.. Wise
in ,he course of his remarks made it
pretty plain that he intended to prosecute
men higher up in tie customs service.
Counsel for Philip Musica, Charles F.
KDshmeTe had witnesses in court to tes-
tify 10 his clients character. and presented
Z petition for Ieuiency signed by seven Of
The jurors who had sat in the trial. He said
the young man had been misled by the
government employees. This aroused the
wrath OF Mr.. Wise, Y ho said:
II was his lust and greed for gain
" hich led him TO evolve this scheme. and
81 vas he who corrupted the government
corruption from the inside Is rot. il is
started from the outside. The greed for
Illicit gain which permeates our CONNER
cal community, the same greed which
compelled the railroads 10 give rebates.
IS spreading corruption among our Off
eiais. I do not ask for the blood of this
man. as J did not ash for the blood of the
poor man who stood before you yester
daE ans whom YOU sent IN prison because
- stole few cents from a letter after
tHlTtH-SeNen Years Of government service.
! ssk for \ viudication of Justice
ask for punishment that will strike
terror into The hearts Of those crooks who
ssE that il they stand together the gov
eTDment cannot get at them. The lesser
crooks viii begin 10 tell the truth and the
long.
In referring 10 ? question by Mr. Rush
more IS TO why some Of the implicated Of
hcials were nor called to the stand, Mr.
Misc said
10 you expect me to grant immunity TO
Iaen whom 7 expect to prosecutor"
Judge Holt. I'm passing sentence, said il
did not seem probable that 80 young a
man. brought up in respectable family,
ouId Of himself have set to work to
enter upon a career of crime, ard that the
evidence showed the goods we're delayed,
and that his complaints led to suggestions
Of his entering into the arrangement which
finally landed him in court Then he said:
IN this case it is perfectly apparent that
there WIS q condition of general corrup-
tlon existing IN that part OF the customs
service. which II is the duty Of the gov
eTHmenl 10 eradicate. 10 punish: and I am
glad to take advantage of this occasion
to say that in my opinion the gentlemen
uoW charged with the administration of
The customs service are making an ear
nest and vigorous effort. and have been, TO
stamp out this corruption ia the service
and 70 bring to justice the men who have
been violating the law.
had occasion al the close of the trial
10 comment upon one thing which had
been done hy the gentlemen in the course
Of the prosecution which seemed to he oh
gfctlona1 1ie and which il seems to me If
generally adopted would work iniuriously
~ the administration Of the criminal Law:
but do not desire that from that
criticism. which felt il my duty to make
any inference should he drawn that ] fail
10 appreciate The sincere and reSolute ef-
forts which are being made in my opinion
ny f3e gentlemen now in charge Of the
customs service in New York CITY to put
2 stop 10 condition or things for which
thefr predecessors and not themselves are
responsible.
While there were extenuatins circ1Im.
stances. Judge Holt said il vas neverthe-
less shown that the defendant had VIC
l7ted the law through perjury and bribery
Sentence Tas then passed