The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-05-21

smuggling. IN conversation with ths
surveyor Mr.. Rollins suggsutod that he
had better have counsel. but the Surveyor
'"'d h'in tina, such a step was not neoes-
Asy. u b" would Only 10 what they
'o'd him 10 do everything would come
on' all right Mr Rollins had no iaaa that
criminal charges would ba nrufarrod
against han until tho Surveyor took him
oafoTe tho DistTict Attorney and ha was
thers arrested.-
Mr' Wheat said that after his arrest
'oa Ex-Governor had g0ne 10 the S,lrvevor
and had paid up botw"cn q. tnO and o. sOo.
REPRESENTING the hoino valne II the d,lti-
abie Articles unsleclarrtl. Of that ano,,nt
We psnalty was rrprnsentsd by ahopt
H''no The total hOine value Of al Iewelrv
which had hem undeclarnd wns mot more
Than 'its. Mr. Wheat said. Furthermore
the customs officials had accepted the
eS-''oveEnoT's word for u that many Of
the articles they had assessed a. dntiahl.
ilad r0aiiy bc"n taken o. Europe from
'eis country and brought hack
In view of this defendants preyious
good character which sho,,ld alvav,
wc'gh In a arsi ogenCe. and the fact that
There vas utter lack Of intent 20 dsiraud
and that hs has made payment of every
csnt he owed ~ tho Government ,Link
that your Honor might he Justified in
snspendihg sentence was Mr. wheat'a
peroration.
The only question that arises ia my
m,nd having material bearing on this case.
said Judge Hand. -is that oi the defend
ants Ignorance Of his violation o. the law.
s'noe he pleads guilty must assume that
Ne knew the contents 81 thoae trunks else
The plea "a a stiltifcation. Ifnha Wilfrl
violation ! would not In any event con
sld@r more than a One. DO ! understand
you 10 say that he was in Ignorance Of the
contents Il his vifs's and cons trlInksP'
i can't 60 80 far a. that" vas Mr.
Nheat's qualification. But he did not
know the details q their contents. lie
thought bis wife had only three gowns.
when she had ssvon. Il vas not told
by the printed slip that was handed him
aboard the steamer what he should do
and what he should not do
District Attorney Wise. who had been
listening 20 the appeal Of Mr. ROlhns's
council. arose 10 tell the Judge that the
defendant had made more than one trip
10 Europe and that IL vas reasonable
20 suppose that By that sxpsrisaos he
had become familiar with the American
customs regulations.
He had that declaration on board shin.
with his wife and son present. urged
the District Attorney. .yst the only
article declared was one fur Jacket. II
IL inconceivable that If other items
In HE baggage could have been omit
ted innooently from HE declaration.
On the SHAFT the Governor. his wife
and son very slowly divulRod a few other
articles. When you flnd. for instance
that the watch a man had when he went
20 Europe 10 IN HE baggage and one be-
purchased over there is in his watch
pocket Il 10 reasonable 20 suppose that
he knew something about the customs
regulations.
Mr.. Wheat urged Judge Hand AGAIN
20 remember the previous high char- !
acter Of the defendant Then the palaver
ended, With the judge imposing sentence /
right on
4 member ~ District Attorney Wisea
stan said isst night that M RolGns'- |
WAS restored - him - soon 7.
as the fine W., prid. buf that he lost his
night 70 bod Office