The evening times., 1896-01-14
HAYEMEYER NOT FOUND
Subpoena for the Sugar Trust
Baron Returned dissatisfied.
Proceedings \ gainst Broker Cha pman
Temporarily Halted 10y the a bsence
of Important Witnesses.

Mr.. Theodore Havemeycr, OF New York,
reputcd 10 be the president Of the American
Sugar Rcrining Company, cannot be found.
District Attorney Birney hod issued last
Friday Il subpoena for Mr. Havcmeyer as a
witness in the trial or E.verton X. Chap
man, the broker, charged with violation
before the Senate Committee invcstigat.
Ing an alleged sugar lobby In 1894.
When Judge Coles court opened this
morning. to continue the Chapman hearing,
Assistant District attorney Taggart stated
that Mr.. Havemeyer could not be found by
the United States marshals in New York.
nor could any one there ic!l where he had
gone.
The sumuonscs issued for Vice President
Dick aud Director Matthewsun OF the
American Sugar Refining Company as well
as those for james Z Robinson a nj Ma ma ger
Fraser of the Franklin Sugar Company
or Philadelphia. had been equally unsucccss-
ful.
As the government had Only ard OF
Mcssrs. Robinson and Fraser last night
and were still hopeful Mr.. Fraser might be
got here by noon today, Mr.. Taggaft
asked that the case might go over till /
y. M. today. IL he were not here, then the
Nouib ti'JSt us taiSc "itilpub
the evidence regarding the control the Amer
lean company exercises over the sugar
trade.
This was expected from Secretary Scarles.
but he was excused from ans wering on the
ground that he might incrniinate himself.
This was unexpected to the government
and steps were taken at once, as stated, to
supply the lacking evidence.
Mr.. Nathaniel Wilson, for the defense,
HAT the rd1lIIr,. a. Mr. EDTpmayar
10 appear was certainly from no disposition
10 evade the matter.
Judge Jere Wilson said IL looked like a
good deal OF indulgence for the prosecution
to ask.
udge DittenhOefer said the prosecu-
ton should have known that Mr.. Searles
would take adva Dtage OF the laws pro-
lection TO avoid giving testimony. The
government should have had Messrs Have
meyer, Dick and Matthewson subpo, na6d
earlier. They are men OF large affairs,
called in various directions TO watch their
business and cannot be expected 10 sit wait
ing, on the supposition that they would lie
called to testify in this case.
Judge Cole answered that the district at
torney had some reason tn be surprised at
his decision excusing Mr.. Searles. 1t was
a very close question, and he was not sure
the court of appeals would not have sus-
tanned him If he had required Mr.. Searles
to answer He would adjourn the case as
desired by the prosecution.
Judge Dittenhoefer said the defense would
not occupy more than one day with taking
testimony. The case Will probably go to
the Jury on Thursday or Friday
When court reconvened at 1:30 d. m.
Manager w. W. Fraser OF the Franklin
Sugar Company, Philadelphia, was called
in loud voice and was not present. The
government rested its case.
Upon motion Of defense the testimony OF
the Washington grocers yesterday To show
that the American Sugar Refining Company
controls the sugar market was stricken out.
Judge Wilson made number Of mo-
tons to strike out other evidence in the
record from the Senate committee, which
were oyerruled and exceptions were re-
served.
He then moved suCcessively that the case
be dismissed for want of jurisdiction and
that the jury be instructed to acquit for
lack of evidence ma aking out the case. Both
were overruled and exceptions noted.
Judge Wilson then opened the case for the
defense.