Evening star., 1939-04-04
Benny
Continued From First Page)


The Government at no time con-
tended the two comedians had actu-
ally done any smuggling.
Benny's attorney, Carl E. Newton,
approached the bench when court
convened. He looked at Judge Leibell
and said:
The defendant asks permission
to change his plea"
The Judge glanced down at him
and at Benny, who was waiting
nervously.
rs this the defendant" he asked.
Eyes. SIR" replied Newton, indi-
eating Benny.
The comedian was wearing a
natty brown suit and wine-colored
tie.
How do you plead?" asked Judge
Leibell.
Guilty" said Hollywood's famous
voice in loud tones.
ITO all three counts of the in
dictment?"
Yes, sir"
The courtroom was packed with
an estimated 400 spectators. mostly
admirers of the wiSe-cracking radio
and screen comedian. with standees
lining the wall at the back Of the
room.
Face Sober, Grin Gone.
Benny's face today was sober in
contrast to the airy grins with which
he faced the grand jury at the time
of his appearance during the in
vestigation.
1t was not Immediately known
whether Bennys wife, Mary Liv-
ingstone, was in the courtroom.
Mr.. Benny's counsel, Carl E. New
ton, attempted to address the court
in the comedians behalf after
United States Attorney John T. Ca
hill had outlined the indictment,
but Judge Leibell shut him off.
Il don't want to know anything
about that" the judge said. If you
can tell me the circumstances sur
rounding Benny's acquaintanceship
with Chaperau and any extenuating
circumstances in regard to it, /
would be glad to listen"
Sprinkled in the packed courtroom
were expensively dressed women,
wearing mink coats.
Throughout the proceedings the
usually self-assured comedian ap-
peared timid and at times his voice
was very low. Occasionally he
smoothed his gray hair and fingered
his necktie.
Chaperau Relations Explained.
Mr.. Newton began his explana-
ton as Judge Leibell had suggested.
Benny and Miss Livingstone, he
said, met Chaperau casually in
Hollywood in the summer of 1887.
Mr.. and Mrs. Benny went to Europe,
and in Paris, Newton said. Benny
bought two diamond studded gold
clips and a diamond studded gold
bracelet with a total value of $2,131.
They then went to Cannes and
were at breakfast one morning
when Chaperau greeted them and
renewed his acquaintance. AS they
were leaving Cannes for the north
Of France and their ship back to the
United States, Chaperau boarded
the train and suggested that Benny
give him the jewelry as he could
bring it in duty free.
Benny and his wife arrived in
New York on August 80, 1887, and
Chaperau followed on October 7
with the jewelry.
somewhere on his person he
secreted the jewelry which got past
the customs" defense counsel said.
During October" he continued,
"Chaperau turned the jewelry over
to Benny through a third person.
On January 10, 1889, Benny volun-
tarily turned the jewelry over to
the United States and assisted the
Government by appearing before
the grand jury.
He has no criminal record. He
is IS years Of age, q born American
citizen, lives with his wife and
adopted child in Beverly Hills, and
by occupation is an actor and radio
comedian"
Asks What Duty Was.
Judge Leibell asked what the duty
would have been on the smuggled
articles, and was informed that it
would have amounted to about 500.
The court, addressing Benny, then
declared:
Sometimes men who are promi-
nent in pictures and radio are just
easy marks for smart people. But
you should have been smart enough
not to have fallen in with such a
plan.
You have undoubtedly made a
fortune and shouldn't have fallen
in with a scheme to defraud the
United States Government and the
country in which you acquired your
prominence and your wealth. It was
small stuff.
IF I thought you really planned
to do 30 and it was your own sug-
gestion, I would take 4 different
view Of the case.
Every Shrewd person seeks out
those who are prominent, and you
are in position today you per-
haps thought you would never oc-
cupy. It is bitter end to a stupid
play"
Judge Leibell continued:
Il doubt that men such as Benny
are to be envied. He is going to
pay a heavy fine. He must realize
he cannot do these things. I do
not think, however, a jail sentence
would serve the ends of justice, but
the lesson must be such as to bring
home to him and to all others that
they must b constantly On euard