New-York tribune., 1909-12-15
UP TO WALL STREET
SAYS SUGAR WITNESS.
BendernageI Gi0es Testimony
About Queer Ueighing.

n was while under cross-exsminstion
Yesterday that James y. Bendernagel one
~ the six former employees OF the Ameri-
can sugar Refining Company on trial be-
fore Judge Martin. IN the United States
circuit Court. Criminal Branch. went into
"details that. II was said by one Of the coun-
sci would have an important bearing IN
The case. Henry l. Stimson, special ooun-
SCI FOR the government asked HIM about
the shortages IN weight reported 20 him by
John n. Thompson. in charge OF the import
contracts Tor the company
Mr.. Thompson asked me about the DIFF
ferenoes and wanted 10 know how the
weights were obtained" said the witness
He said nothing TO me about the payment
~ the bills. ] investigated and reported 10
FTnesf Gebracht. the superintendent al the
time often made the comparisons OF the
weights myself. but We could do nothing
about II. as the sugar had been melted 1
couldn's provide against a repetition OF the
differences The New York Office knew
shout them. The dock officials knew and
Mr. Gebracht had the same information
Mr.. Gehrachf asked mo where / got the
reports. told him. do not know what
ne did about ~ ] told him again and
again. Every time the inquiry came from
Wall Street" Mr.. Bendernagel repeated. I
reported 10 Mr.. Gebracht- 7 knew Mr..
Thompson and knew why he inquired.
The figures showing the city wegher's
weights and the government weights. the
witness said. came 70 him for his identi-
ncation iu the regular order OF business.
He sent them on 70 the Wall street office.
where the invoices were kept. He never
ssw the invoices nor did he know anything
-
u was the same regarding the wages Of the
men N the docks and elsewhere. excepting
in his own Office and in the shipping de-
psrmenL
MI Bendernsgel said 10 had nothing 20
DO with the wages of the checkers. Of
whom four are on trial. Their wages would
not he increased unless under orders from
Mr. Gebracht or his assistant. c. r Brit
ton The witness denied paying money 20
customs officers. 10 which men in his Office
had testified He said that he had 70 give
them permits. which were inclosed in en-
vslopes
There were twenty-six witnesses 20 Ir.
Rsndernsgel's chsrscter. among them Jus
uoe Burr and Justice Maddox. OF the su-
preme Court: Controller Metz Frederick
u. Wurster. Herbert =. Gunnison. Thomas
r. Peters. ana many bankers and ner-
chants. They said his reputation for hon
esty and integrity was the best. There
we're also character witnesses for Oliver
Spitzer, Patrick J. Hennessey and Thomas
Kehoe. other defendants
Throughout his examination and cross
examination Mr.. Bendernagel maintained
an earnest appearance of wishing 70 aid in
clearing I'D the facts in the cese. II was
learned early in the day that the defence
was preparing q claim that the charge Of
conspiracy lacked the arch conspirator as
= defendant il = conspiracy actually ex-
listed. which II would deny. The source
~ the instructions TO cheat the govern
inent IL there was cheating. one OF the
counsel saio. had not been revealed. and
without that there could be no case.
The vital point In the view Of the court
seemed 10 De Mr. BendernageTs connection
with the weighing on THE docks. Judge
Martin turned % tho witness a. one time
and asked.