The Waterbury Democrat., 1939-04-04
JACK BENNY IS
 FINED $lO,OOO
Continued from Page D

NCOIlLIlu6Q 1IOIl EdSC 4I gling charge. Then, nervously shift ing his weight from one foot to an- other, he listened to as severe a de- nunciation of human gullibility" as was ever heard in New York federal court.
 Judge Leiben said he believed that Benny had been victimized by his co-defendant, Chaperau. After sug- gesting the appointment of guard ians for persons of prominence who are easy prey for this type of man" Judge Leibell asked to see copy of the three-count indictment. While he studied the document, tension in the courtroom mounted and Benny alternately blanched and blushed. Leibel1 pronounced sentence count by count. On the first he fined Benny 5000 and ordered him committed until the fine is paid," and sentenced him to one year and one day in prison, adding, "execution of sentence is suspended and the defendant is placed on probation"
 He fined Benny $2,50O each on the second and third counts and then explained:
 Penalty Is Inflicted
 MT. Benny, that means you must pay a fine of $10,000 and that you have been sentenced to prison but that the sentence is suspended"
 He gave Benny until D. m. to- day to pay the fine. The comedi- ans attorneys indicated he would do so before leaving by airplane for Hollywood tonight.
 After sentence was pronounced Benny stood stock still until his att torneys took him by the arm and led him out of the courtroom.
 Benny pleaded not guilty to the smuggling charge when he was ar- raigned in Federal Court on Janu- ary 10.
 In addition to Burns who with Oracle Allen receives $12,500 a week on the radio, the government has also issued subpenas calling for appearance of Kenny Baker, a singer of Benny's program and for Jack Pearl, another comedian. Other west coast stars likewise were listed as possible government witnesses.
 Chaperau Also Guilty
 Chaperau also pleaded guilty in the Burns case and an indictment charging that he sinuggled some jewelry for his own uses. He had an earlier conviction for smuggling clothing into port for Mrs. Edgar J. Lauer, wife of 8 New York state Supreme Court justice. Mrs Lauer pleaded guilty, but has not yet been sentenced.
 Chaperau, former commerlacl att tache of the Nicaraguan consulate claimed diplomatic immunity, but the court held that his claim was not valid.
 Benny, born Benny Kubelsky 45 years ago, said after his indictment in statement:
 q have never Smuggled jewelry or anything else into this country and no one can truthfully say or pTOVc tildL ulVtIlIlOIldlIy COlil- mitted the acts of which I am charged"
 By seeking to avoid payment of a $700 duty, Benny made himself liable to civil penalties equal to the do- mestic value of the jewelry, which according to federal appraisers was $2,131.
 If he wishes to regain custody of the trinkets he must pay the gov- ernment an additional $2,131. He had indicated, however, when he turned the jewels over to the gov- ernment last January 10 that he would not attempt to get them back.
 T never want to see the things again." he said.
 The things" had made Benny li- able to six years imprisonment and $15,000 fine if the court had de- cided to assess the maximum penal- ties of the smuggling law.