New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-10-26
FRAUDS REVEALED
ARRESTS TO FOLLOW.
Based on MuSica Testimony IN
Customs Case.

AS the result of testimony given yester-
day by Philip Musica, accused with his
father OF having defrauded the government
through the underweighing of cheese,
was said there would be arrests of sew
eral persons alleged to have been con-
cerned in wholesale customs frauds IL
was reported that more than one hundred
civil and criminal suits would follow.
The Musica case was on trial before
Judge Holt in the criminal branch or the
United States Circuit Court Philip Muslca
had mentioned having met man intro
duced to him as James F. Vail, at one time
deputy surveyor and now deputy COZ
Iector Mr.. Vail had heard of THIS ana
had hurried I'D to the federal buloing'
When adjournment for the day was an
nounced he leaned far over the counsei
table in the courtroom, and addressing
the counsel for the government. said:
The statements made here to-day are
infamous lies. That man (pointing to
Philip Musica) is a perturer. ] never met
him under any circumstances. ] was one
of those who caused the arrest of two
weighers and had a third dismissed. I
have been more than twenty years in the
government service. and have never done
anything to deserve this"
Musica, looking wan and tired, said moth
ing Later Mr.. Vail gave out a statement
denying the testimony.
Philip Musica tried to shield his father
throughout his testimony. which was in
the nature of a confession of his dealings
with government employees, ana bore out
the testimony of the witnesses for the
government, to whom immunity has been
promised, excepting in so far as his father
concerned. His counsel, c. p Rush
more, tried to have the charge relating to
the father dismissed before the son was
put on the stand, but Judge Holt denied
the motion.
Young Musica said that the beginning of
his relationship with the weighers and as
sistant weighers for the government was
after he had taken charge of the business,
in 1903, when he had difficulties in clearing
shipments. In 1905 he told a customs broker
about the difficulty, which had continued
right along, and the latter said he would
see the man in charge. 1t was then. young
Musica said. that he met James Hyland.
Hyland was a government weigher who
disappeared a few weeks ago.
Others were also implicated by the testi-
mony of Musica, a man named Costa and
Frederick Sawyer. When first approached
into the scheme. saying that his father
would never consent but finally it was ar
ranged that the gain by means of short
weights should be divided among the weigh
ers, shippers and Musica in three equal
parts. The witness said that he had spoken
of the small profit on cheese-about half a
cent pound-and one Of the men had said
that the government made six cents. and
there n VII ia
should not make a share of that.
A letter which the witness said was writ
ten by Hyland and received three weeks
ago was read. In 1t there were references
to three persons as 'Jin," IF" and IL. :"
who, the witness said, were Vail, Sawyer
and George F. Lamb, who obtained the evil
denCe upon which the prosecution is based.
The letter said that Jim was afraid of
IF" but that the writer did not think that
''F." would break" although he had
plenty of yellow Lamb was said to have
threatened a civil suit against the Musicas
for 100000, but the writer characterized
this as bluff.
In the cross-examination the witness said
he understood that the man known to him
as Vail knew all about the arrangement
with the weighers. He said that Hyland
presented him to the man he knew as Vail
as "a client Of ours
1t was said at the Custom House yester-
day that Mr.. Vail had been active against
government employees suspected of fraud
and had obtained the dismissal of several
He was also said to have aided in the prose-
cution Of several fig and cheese short weigh
ing cases. He was transferred fom the Sur
veyors Office to the Collectors staff last
spring.
The case win be continued to-day.