Page:Federal Reporter, 1st Series, Volume 7.djvu/723

 UNITED STATES V. 8IU0NS. 71). �h&a received them in Detroit, — the rags first going to Apple- baum's bam, -where they were repacked and then taken to Simons & Co's. 'warehouse. This statement was reduced to writing by Applebaum a day or two afterwards. He also stated that he made these disclosures relative to Simons & Co. for the sole reason that they had failed to keep their promise to him to protect him if caught, and to employ counsel for his defense, and that he was not going to suffer alone. A complaint was then made against Simons and Burnstine for aiding and assisting in smuggling the rags above mentioned, to which they signed a nolo contendere and paid a fine of $2,000, The petition and affidavits on behalf of Stadler show that one Jacobs came to him and told him that his son-in-la'w, Applebaum, was in trouble; that hehad been arrested for smuggling, etc. After some conversation with the deputy marshal, Stadler advised Jacobs to indace Applebaum to make a full confession of his connection with the transaction, and that he might in that way save himself from prosecution. In pursuance of this suggestion, Apple- baum confessed, and implicated defendants. �Beown,D. J. Section 4 of the act of June 22, 1874, (18 St. at Large, 186,) provides: �" That whenever any person not an offlcer of the United States shall furnish to a district attorney, or to any chief oflScer of the customs, orig- inal information concerning any fraud upon tho customs revenue, per- petrated or contemplated, which shall lead to the recovery of any duties withheld, or of any fine, penalty, or forfeiture incurred, whether by importera or their agents, or by any offlcer or person employ ed in the customs service, such compensation may, upon such recovery, be paid to such person so furnishing information, as shall be just and reasonable," etc. �Section 6 : " That no payment shall be made to any person furnishing information in any case wherein judicial proceedings shall have been instituted, unless his claim to compensation shall have been established to the satisfaction of the court, or judge having cognizance of such pro- ceedings, and the value of his services, duly certifled by the said court or judge for the information of the secretary of the treasury." �It is well settled that in a contest between informers he is the informer who, with the intention of having his infor- mation aeted upon, first gives information of a violation of ��� �