New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-05-25
DUVE[N FREED BY FINE
Art Dealer Pays $4,000 for
Picture Underva|uatlons.
CUSTOMS OFFICERS BLAMED
Court Says the Offences Were
Committed While Others
Cheated Government.

Henry J. Duveen. head ~ the FIRM or
Duveen Brothers art importers. was SEN
fenced yesterday BY Judge Martin, OF the
United States Circuit Court. 70 fire ~
$4,000 on his plea Of guilty ~ charge 81
conspiracy to defraud the government of
customs duties
The strong plea made by Henry \ WEE
United States ATTORNEY. the day before
that substantial iail sentence h. imposed
on Mr.. DuveAn created an atmosphere OF
Intense expectation when the defendant en-
tered court Yesterday morning. The vet
eran at dealer was hardly able 10 reach
the chair from which he watched the pro
ceedings in a sort ~ stupor. re looked
older than his stated age Of sixty years.
and the uncertainty ~ his fate seemed 10
weigh on him heavily
This is q case that has given me- a
great deal Of concern" said Judge Martin.
and J would have been glad 70 have
shifted the responsibility on ore Of nv as
sociates If felt that 7 could REASONABLY
and properly do so, but. said yeste'-
dav. | am here 10 help them
Now. 7 lock AZ this matter in view NJ
all the Information I can get from the
statements of counsel and from the in
dictment itself There Is another thing
10 be taken into consideration in imposing
sentence in a case ike this. and that *
the duty that government officials PER
form, In looking carefully over the papers
that have been submitted by thu District
ATTORNEY am convinced that his state
ments are substantially correct as shown
by those papers. and thev show. too that
officials Of the government have sadly
failed in the performance 81 their duty.
We all know that the human family is
made No in such a Vay that good men
will. when thev find that every one elss
can cheat the government do II more ~
less and II is under tl.et state Of things
that these offences mainly were commit
ted
Now. man * brought - the nar whose
firm has paid over Il On M in settlement
# the claims If the government for what
his concern has cheated the government.
In addition n that. he IS man sixty years
~ aga and suffering from sease that
an imprisonment nuet necesearilv serious
" affect. Now. ought 4 Judge. under those
circumstances. following the instincts IF
umsnity-slthough # Is human 70 err and
We may err. but II we do. let it he on the
side Of Charitv-ousht ne impose a sentence
upon a man that will necessarily seriously
interfere With his health for doing what
the government officials have permitted
him ~ do? II seems 70 me- that is steppins
little over on tho cruelty side on the part
Of the court
NJ Wise asked Judge Martin 4 IN his
sllusion 10 officials darenct ~ their duty Ia
had meant customs officials and not on
Gals ~ tho Department Of Justice
1T makes the court teel 2 iittle tired,
said Judge Martin. to think that the men
most guilty are those who are false ~
their trust and cannot be punished. and. as
Mr. Wise well suggested. M remarks had
no reference 10 the prosecuting officers n
| the District Of New York They had tried
II faithfully and we'll. in nv opinion"
The fine was paid and Henry y. Duveen
walked ont Of the Federal Building free
man. II was then learned that the certif-
cate sworn 10 10y Or Walter James. whom
Mr.. Wise agreed To accept as AUTHORITY.
described Nh Owens sickness as 2
hardening Of the arteries and Brights dis
ease
BENJAMIN J Duveen. who entered plea
If guilty at the same time with Henry J.
viii be sentenced this morning.