The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-05-20
MRS. CHESBUOUGH'S DEFENCE
NuI EOJ GHT FlLSE TRI M ROT
iOu IOR IRONING BOlRD.

.>ruN. y J.. Nav no. Mrs Matilda
g. ...nr0ugh vt Newton Mass. testified
... n her trial Tor smuggling that she
s.r 300 PARIS a large trunk with false
..n because she thought the hoard
rising tho extra bottom would be
...u.aut ~ an ironing board for cloth
Hurug her travels on the Cont inent.
ear out this statement hatiron
r. ..u ducrd IN court which Mrs
...- gch test fled she had used to press
hing while On the boat.
rrucecdingS 1t the second day in
u came 20 an abrupt termination
t'rrnoon when Mrs. Ohesbroughs
aud. Fremont b. Chesbrough. was
... as witness by the defence. Mr.
,..-nrpugh had told the court that he
va. lumber dealer whose home was in
Nar.nn and was about 10 answer a
...-Uou regarding tho return Of Mrs
O..-nruugh from Europe last May when
OIL. United States District Attorney
.. tod 10 has examination on the
,..Uni that a husband was incompetent
testify either for or against his wife
.lmnal proceedings il the Federal
court Ne based this contention upon
r." practice at common law. submitting
nat % should control the court in the
sr-..u,e IT a statutory provision to the
contrary
Judge Rellstab expressed surprise at
rrr motion Of the District Attorney.
remarking that the husbands testimony
would be- u,mpstent IN the New Jersey
courts and he thought. should he ac-
,.pted IN the United States COURTS District
Attorney Nreeland was fortified by de-
,..lon- m " hich the testimony ~ husbands
had been excluded Judge Rellstab said
that he hat not considered the subject
and b. adjourned the trial with the
announcement that he would give his
decision when II was resumed Tomorrow
morning
The Government made an unsuccessful
attempt to-day % bring into the case
against Mrs Cheshrough the importation
~ a pearl necklace appraised az sos on
for which a hill for SIS OOO was found in
her trunk The necklace itself was not
m hor baggage but was subsequently
surrendered tn the customs authorities
Nv questioning Mrs 4 heShrough regarding
Attorney sought % involve her IN it,
Importation Judge Rellstah however
sustained the contention Il the defence
that the pearl necklace. concerning the
seizure of which tho-e had heen more ~
lsSs mystery. could not b. brought into
tho present proCeedlng- This left tho
Government only the allegations that
Mr. Chezhrough had sought To eyade
ravmeut ~ duty upNn about a. Jll worth
. l. a. Ia a
Ner from Europe The-e consisted prin-
,pally - wearing apparel much Of which
Mrs Chcsbrough said had b"en bought
10 this country and taken abroad with
her
In detailing her trim abroad Mrs Ches-
trough .aid she left this country with her
husband in January l9la Mr. Chss-
Nrough returned IN the following March
aud abe followed two months later. He
rDok with him several of her trunks and
uun-equentlv she found 10 necessary 20
10y an additional trunk while IN PARIS
She aid she had never seen a trunk with
70 fslse bottom before. but waz attracted
lv the wide board in the one which she
eIh-equen'iy purchased.
IN the last day Of her stay in Paris
trt while shs Was packing her trunks
Mr. Chesbrough said friend called upon
hsT and suggested that she secure the
services oi an eNuert packer IN the hotel
where she was -trvIng She did ~ and
the eNpeTt hacked the trunk with tho
fsIse bottom during her absence When
-he returned he called her attention 10
Two new gowns which he sad she should
not fail TO declare 10 the customs au'horI-
tics
While IN the Kaiser Wilhelm u Mrs
IheshrouRh was asked bv one % the
stewards 10 prepare a list for the Custom
Houza officials. She Sa'd that the head
steward told her % would not be necessary
for her Ia enumerafc every article, a. she
might let tha Inspector examine her
trunks aud PICK ont the articles which
were subject 60 duty She followed this
advice and the result wa the declaration
~ only part u her belonging
Mrs Chesbr0ugh was examined IN de-
tail a. 70 the purchase Of numerous ar'i-
cez Of clothing including two -ets Of fur
d IoCkei a coral necklace, some pearls
md other Iewelry She told where most
- these articles had been bought IN this
..Intrv She had taken abroad one 81
a. urs and nndiug hat they acre out ~
'a-hion had cent 20 thi- country for
another set. which -he had remOde II IN
Pans.
Mrs. Chesbrough manifested some 70
eminent ~ the treatment accorded her
IS the cIstOIrs officials az HOboken
-.a denied that sh" had any opportunity
amend her declaration even when
... husband told the % cisls that Il any
90 had been mad" she should 10 p-r
..at u do 90. She described tho
.rrface II the inspectors a. harsh and
o. aI She also said that when her
'.rr- wore Uupacked many ~ the
u.'4t|s articles wefr taken by the 10
sectors from her two other Trunks ard
t...yu INTO that having ~ false bottom
Nr- thesbrOugh explained thai she
..ai that sh- had a rght to bring
FOB this country any articles which
.. .4i taken abroad With her and all
..- winch she had purchased for her
...-.ft. No" and mad actually used. IN
900 -ra had been Informed that she
... ..' he'd % exemption uDon other
-. suf.al.a articles 20 the value NJ sion
r.. .n1 not know that . was necessary
fol. Lao. any - tho articles coming
't.=. three classes She sad
.. her gowns except the two new
...- fl which her attention had bern
.H y fna hacker. had been worn 10y
#F..a abroad, most u them for Two
.-." months
WREN rho Government = case vas CON
aI G.- morning q. Philip Nardner
New York. counsel Tor Mrs 'hes-
g. asked the Court 20 direct ths
.. ..f 90 consider several u the counts
udiDrment Judge Rellstab denied
'.. ..r1us but SAID they might ~ re-
I.... ~ 'na rlos. uf the trial
... Ir..-ruWent witnesses called to-day
v... u. Ralnsr. VINO sad i was neoes-
-.. gel q hook with which 10 ift the
... .rum 100 Mrs CheHbrOuRh's trunk.
..~.r hsfI a steward on the Kaiser
b .. o. Who assisted Mrs Ches-
.. r preparing her declaration and
10. ". a