New-York tribune., 1911-12-05
0UVEEN FINED $4,000
Reniamin J., Fourth Member Of
.1VFirm. to Escape Jail Term.
FRAUDS INVOLV WE'D $4,000, 900
II s. Attorney Wise Declines to
Appear at Close of Gases That
Recovered $1,230,000.

gspiamin J. Duveen. head OF the New
rorl branch Of Duveen Brothers. dealers
= Affects Of ar, and antiques. was fined
rsn0 Yesterday by Judge Holt, in the
,-,ited states Circuit Court, after pleading
.,lItv 10 the indictment charging him
,rt,b conspiracy and overt acts of snug
.r,g His sentence completed the legal
constituent meted out TO the four mem
- of the Duveen firm, who were indicted
GEAR ago for customs frauds involving
:, nco M, worth Of art objects brought into
,his country
Tho young man came 70 court from the
-,,,,oad station. where lie had arrived
eroo, Portland. Me. coming from England
,.h, p Stsnchfeld. Samuel Untermyer and
u..i,er r. stern appeared as his counsel.
IS Henry 4. Wise, United States Attorney,
seclned 10 act in the case after numerous
sslavs had been granted to the defence,
william n. Wemple, Assistant Attorney
General formerly one Of Mr.. Wisc's as
.is,auts and familiar with tho case. repre-
sented the government
I'm asking for a prison sentence for Ben
,,rnin Duyeen Mr Wcmple said many a
man who had stood at that bar charged
with a similar offence had TO serve long
,lu,o for il. He said that prison sentence
would demonstrate TO the public that no
man. no matter what his position, might
violate the laws with impunity
~ think that IT is the courts obligation.
- may use that word" Mr. Wemple
added. "to administer in this case SEN
fence which will lay at rest forever what
has been publicly said about these cases
that a rich man has one punishment and
poor one another
Jrdco Holt. i'm answer to this. said IL
had been his principle never to inflict prison
sentences upon defendants charged with
smuggling who had pleaded guilty. II there
was an impression that there was one law
for the rich and another for the poor in
customs cases he was sorry for II. he
added. but ne had to act according TO the
dictates Of his conscience and I'm this case
he would fue the defendant $4,000.
For some time there was general eX-
recitation that al least one Of the Duveens
would DO punished by the imposition of a
fail sentence When Louis J. and Joseph
J Duyoeu came here from England early
last spring % plead to the indictments
Henry A. Wise, United States Attorney,
waived the demand for a prison sentence
because the men had surrendered them
selves from a foreign jurisdiction. although
their offence was not subject 20 the extra
dtfon treaty. and they we're fined Sloom
each.
Henry T. Duyeeu. head Of the firm OF
Duveen Brothers. came here I'm totterins
health 10 clear the Flemish that was said
90 have deprived him OF the honor Of being
knfrnted az King Georges coronation. Mr..
Wise asked for a prison sentence for him.
nut on the strength Of the declaration by
rhvsicians that prison would he equivalent
~ death sentence Judge Martin fined him
$1,000
There remained the youngest member of
Tho firm. Benjamin. a nephew OF Henry J.
Duveeu lie appeared I'm court with IFS
uncle last spring and changed his plea Of
not guilty N one Of guilty. Judge Martin
permitted him 10 withdraw that plea unul
next day. So no might not be locked up n
the Tombs oyernizhL and next day Ben
iamin Duveeu failed so appear and lcft
tie courts jurisdiction until yesterday.
In settlement Of the civil Liabilities to the
government the Duyeen brothers paid
$4,000 last spring with the fines inn
posed upon the four members Of tho firm
the government recovered iu an $l2o01o