The morning times., 1896-01-15
WITNESSES ARE ELUSIVE
Fraser Is the Nsxl Sugar Man
to Disappear.
MR.. BIRNEY HANDICAPPED
None of the Big Men of the Trust
Can He Found, Though Marshnls
Have Been Sent for Them-Argu-
ments on Both Sides Were Made
Yesterday.

District Attorney Birney has been unable
to obtain testimony as to the control of
the sugar market by the American Sugar
Refining Company.
He wanted it in the trial OF Elverton
X. Chapman, the broker who refused to
TESTIFY before the Senate committee in
restisating an alleged sugar lobby in 1894.
Secretary Searles, OF the Anerican Com-
pany, refused to testify for fear OF incrini-
Mating himself; Vice President Henry
Hayemeyer, Second Vice President Dick
and Director Mathewson were subpoena ed.
but could not be reached.
The last hope vanished, when Manager
Fraser, OF the Franklin Refining COMPANY.
OF Philadelphia, believed to be branch
OF the American, failed to appear TO testify
yesterday afternoon. and Judge Cole, upon
motion OF counsel for the defense ex cluded
the evidence OF the Washington grocers,
who testified Monday afternoon.
As the proof OF the trusts control of the
market is not essential Mr.. Birney closed
the taking OF testimony for the government
Judge Cole remarked that the matter of
corners" in markets and many other facts
brought out in the grocers testimony were
subjects of common knowledge and could
be given judicial recognition without
specific testimony.
SEARCH FOR HAVEMEYER.
In trying to get Mr.. Havemeyer here
United States marshal went to his home in
New York Saturday. His daughter said
he was not there and she did not know
where he was. Watch was maintained
to meet him II he should come in. On Sun
Gay lie was expected at church as he is
very regular attendant, but when the door
or his carriage opened at the church door
the deputy marshal ON guard saw only
members OF his family alight.
After motions 10 dismiss the suit to
strike out evidence, etc, had been over
ruled and exceptions noted, Judge Jerc
Wilson opened the case for the defense.
He said that Mr.. Chapman as "A broker
in New York was going along attending
to his business buying and selling stocks
when couple of newspaper correspondents
got up a racket about transactions in
sugar stocks.
One OF them wrote a letter covering a
whole page of newspaper making all
sorts of charges. In consequence a reso-
luton was introduced In the Senate to
hold an investigation into charges made in
that article. In course of the investigation
Mr.. Chapman was called before the COM
mittee with his books and was asked to
disclose his private business to the COM
mittee TO be published all over the world.
He was asked specifically TO state what
transactions in suOr stocks he had had
with United States Senator Rel ying
upon that section of the Constitution
which limits inquiry into citi zen's
private affairs. he refused 10 answer.
WHY HE WAS INDICTED.
For this he was indicted under a law
which renders him liable to Imprisonment
not less than thirty days and a fine.
The defense would attempt to show
hat haA sxx-iIf tod
any statute as charged. He had tried to
do what he ought to do as a good citizen
and acted as he conscientiously believed
he should.
He then reviewed the tariff legislation
in the Mckinley bill. and some points in
the Wilson bill, and showed It's relation
to the case t-sl i-rt--ses --.-=--
The American Sugar Refining Company.
he said. was according to the Indictment,
extensively engl ged in refining sugar; that
it controlled the sugar market by its
immense capital and influence; that its
stock was far above the market price
because of its ability to control the sugar
market.
The defense proposed to disprove these
allegations.
Again they would show that the govern
ment had failed to prove that the price
of American Sugar Refining stock would
have been greatly reduced by the passage
of the Wilson bill. II had failed to-prove
that the profits OF the American company
would have been greatly reduced by taking
off duties on sugar, as proposed in the
Wilson bill.
Furthermore the indictment averred that
the passage OF the Wilson bill in the House
caused a decline In the price of the com
panys stock. The defense would prove that
the price OF the stock was not affected in
the least by the passa ge OF the bill in the
House.
The indictment AYERS that upon the report
of the Senate amendment. on March 20,
1894, putting back part of the duty on
sugar. the price of the stock was greatly
enhanced. This would be disproved.
DIsPRovE THIS, TOO.
Upon the submission OF the ones amend
ments to the sugar schedule in the tariff
bill il is further averred that the price of
the stock was still further enhanced. This
would be disprovcd.
He then referred to charges of bribery
and corruption in the New York Sun and
Philadelphia Press, and said no evidence
had been introduced in regard to these at
ALL although they were mentioned in the
Indictment.
The Press article claimed that the sugar
schedule in the tariff act was not made
up by the representatives of the American
Sugar Refining Company. The article
itself showed that the schedule was made
up by Senator Caffery of Louisiana, and
reluctantly accepted by the American
company's representatives.
1t was nothing unusual for commercial
interest to be represented in the making up
of a tariff bill.
In all, he said. there had been nothing
to show that Mr.. Chapman had anything
to do with the matter until he was called
,,pnp fn answer the uueStiOn,
At the close of the day Judge Cole al
luded to the delays, and Judge Wilson said
good-humo-edly that the District attorney
was to blame for half hour at noon, but he
would be responsible for the rest. When
asked if he was responsible for Mr.. Have
meyer's absence, however, he fastened to
say he was not in the least.