The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1911-11-20
SAYS FINES WE'RE ENOUGH
Judge Martin Replies to Those VIA
Criticised

New York. Nov 17-United States
Court Judges j. L. Martin and Holt
do not believe that persons convicted
of smuggling should be punished by !
iaiI sentences unless the testimony in |
dicztes that they are wanton and de-
| llberate violators OF the law, or that
the welfare of the public demands it.
Judge Martin said yesterday to Q
| Times reporter:
| The Judge himself must decide
| whether leniency or severity should
| he practiced, for it often happens
that while the offense of two viola
tors of the law are similarly guilty
the circumstances in each case may
entirely differ.
There has been some criticism be
cause the Duyeens were fined and
one p. Sebasta, a Syrian musician
convicted OF smuggling a harp, was
! sentenced to seVen months imprison
ment. But the fact was that Sebasta
committed y. rjury while on the stand
and he was punished for that as veil
as for the smuggling. He could have
been convicted of perjury and SEN
fenced TO seven months imprison-
/ meut but saw no use OF putting this
expense upon the public. when / had
the matter in hand 1t could be dis
posed OF at once.
Henry ]. Duyeen was more than
, 60 years of age, and II was proved
beyond doubt that he was suffering
from Bright's disease. A jail SEN
tence in his case might have caused
his death, which the law did not de
:. mand. The United States District
al Attorney was unwilling TO take the
Il testimony OF Mr.. Duveens own ply.
}. stefan concerning his illness. and an.
v other physician was asked 10 make
an examination. This proved beyOal
II doubt that the man was III OF the dis
Il ease.
D. 81 have been quoted as saying that
o smuggling does not Indicate mora
3. turpitude. said nothing of the
r kind. What / did say was that SINUS
Cling is a crime, because II is made
so by the statutes and is not like
theft or assault or selling spurious
ID stocks. For a number OF years thu
ar government was permeated will
16 smuggling and differentiation anC
4: this led In large measure to tn
I'd evils which the present Collector o
NJ the Port aud the U. $. Distric
Nv Attorney are trying to stamp out
IN would seem indeed, that the govern
1d ment encouraged these offenses an
m. so Il would not be serving justice {
In deal too severely with this class G
of offenders
ss Besides their fines. aggregatin
40. $4,000 the Duyeens refunded to III
ke government sl,2oO.O0O in settlemer
M of the civil suit, just twice as niue
n as the duties on all OF the smuggle
: goods would have amounted to.
mo man ought to be punished b
. yond his deserts just because he
rich and no one ought to escape pu
ishment just because he is poor
said Judge Martin further "Thel
are conditions that ought to carr
~, Jail sentences for smuggling an
perhaps one OF them would be a sc
ond offense. have had no secor
- offenders before me yct. When !
shall strive to make the punis
ment adequate"
Judge Holt said that n statute ha
- made n smuggler lawbreaker.
NIL In this way IL is different fro
WI such crimes as assault, shooting an
~ robblng II | am shot | don't nee
III law TO tell me that have been I
= jured. but n man may evade payir
duties and not iniure me In any W.
- that | may be cognizant Of The
are many persons who can see :
n wrong IN trying to bring goods la
this country without paying the d
IN ties demanded by law, while IN eve
Ia other respect they are exemplary G
liens. To imprison these perol
might work hardship entirely
variance with the meaning OF Il
law.
gR 1T ~ better to err on the side
by lenlency than on the side of severil
am Il Is the intention of the law to
,ef. just and n this intention ran
Ger achieved by a fine It is better to q
ny. than to imprison"