New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-12-02
POINT FOR DEFENCE
KEEP SUGAR WEIGHT
COMPARISONS OUT.
Jurors Take Hand an Eramina-
ton Of Witnesses at Con-
Spracy Trial.

P' ~ ~ Il fttu.
In the trial yesterday of the six former
employees OF the American Sugar Refining
company before Judge Martin. in the
United States Circuit Court. on charges OF
conspiracy 10 defraud the government out
OF import duties through short weighing
counsel for the defence scored a victory.
even though it may prove only a temporary
one BY strenuous objections they checked
the admission as evidence of the compare
tive tables OF weights showing figures Of
cargoes as paid for on invoices and as
weighed for the computation OF duties and
the tables subsequent 10 the short weight
frauds. showing the absence of the varia-
Tens In favor Of the sugar company.
The government counsel asked that these
tables be admitted together. They played
an important part in the trials OF last
spring and contain much Of the basic evil
dence I'm this case. judge Martin con-
fined the admission of papers To the pink
books and government entry papers That
figured in the company's business prior
to and including November %, 1907 the
date Of the raid at the Havemeyer & FL
der dock
Andrew J. Mallon. formerly employed in
the cashiers office. who said on Tuesday
pay money to customs officers, was a
storm centre In the hearing yesterday He
was not shaken in his recollection of hap
penings in the cashiers office. but made
the addition 10 his testimony that Mr.
Bendernagel got his orders from the su-
perintendent Of the plant SO far as the
payroll and control of the employees were
concerned.
COULDN'T WATCH CHECKERS.
Another witness. David Fragler. an in
spector OF customs. identified the defend
ants. Kehoe. Boyle. Coyle. Hennessey and
Splitter. and then told or the rushing Of
truck loads OF sugar on to the scale plat
forms while the witness was govern
rnent weigher He said he weighed from
100 TO 100 truck loads hour, Of about
one thousand pounds each. He had no
time TO watch the checker. he said. Coun-
sci for the defence collectively tried 20
get him to say that other weighers handled
as many as two hundred loads an hour,
but Fragler said he was too busy 70 know,
and there IL rested.
Winfred T DenisOn. one OF the govern
ment counsel. said on Tuesday that the
company by means OF fraud had saved duty
on an average OF thirteen pounds truck
load According 10 this, II Mr.. Denoson
statement was fact, az the lowest num-
Der Fragier weighed an hour. one hundred
trucks. the company saved duty on l'Sc
pounds an hour. OF 400 pounds IN day OF
eight hours. on four scales this would
mean 1860 pounds a week OF six days.
The duty averaged FOR a pound Is cents-a
possible saving OF 1855 90 a week by eva
sion. The six men who through the manip-
ulation Of scales making this gain possible
received il IS charged. an advantage in
wages for doing this OF 81 collectively
Efforts al DELAY marked the days session
Nj Denison wanted to have the pink books
admitted as evidence without the Formally
OF calling Witnesses to identify the sig
natures OF the checkers. but counsel for the
defence objected. and the greater part Of
tie day vas taken up with the pink book
contents.
MAY PROLONG SESSIONS.
Before adjournment Judge Martin said he
believed il would be necessary 70 hold court
from $50 a. N. 10 p. m. There were I'M
mediate objections. Jurors had vital mat
tiers OF business that would be harmeds
counsel for the defence either lived far
away or had vast accumulation OF bust
ness that would suffer The government
prosecutors sat tight. Judge Martin wanted
to hold sessions on Saturdays. More OBJ
body until to-day 10 think over the ques-
ton. but his manner gave little hope Of re-
lenting in his desire TO block tactics % de-
Law and 20 close the case in the two weeks
he had set aside for the trial.
Jurors took part in the trial Of the case
YESTERDAY and one of them. Mortimer II.
Cory. who is No. i'm the first row. thin,
nervousIy active. and with a compelling
index finger. first wanted 10 know the rea-
son for writing a different amount on the
outside Of an envelope than the amount Of
wages placed inside This was explained
again by the witness. Mallon, and later
Cory gave the defence a cue which was
used with time consuming effect through
cut the afternoon.
Mr. Denison was asking one OF the weigh
ers 70 identify the signature Of one Of the
checkers The witness did so. and then
said the checkers sometimes stepped out
for few minutes when their places were
taken BY other employees. This passed
w.thout comment until Mr. Denison asked
whether there was any means Of Identify
ing the writing of the substitutes Then
Mr. Cory wanted 10 know whether the
handwriting would not show where one left
of and another began.
After this every witness. and there We're
many Of them. was taken. in hand by Henry
r Cochran representing the four former
checkers on trial. and compelled 10 go over
the figures and point out where the sIu-
sritItes had written. Page by page The
pink books were admitted evidence. hut
each was covered by blanket objection
bv counsel for the defence.
Judge Martin wanted this objection TO hold
for all pink book admissions. and ruled.
but either Mr. Cochran, Mr.. Lexow. for
spitzer. or Mr. Beattie for Bencernagel
would bob up and. after an objection
would sit down when reminded OF the
courts ruling.
MALL.ON ON STAND
Mallou was recalled 10 the stand when
court convened. Mr.. Beattie got him 10
recall a strike IN May OF 1897 aud the
witness said that after this the marking
of the pay envelopes ceased The govern
,nent believes that the presenc- Of Richard
Parr at the docks was responsible for this
change.
NaIlon's recollection Of the payment OF
money 10 customs officers was not shaken
Counsel asked whether these payments
might. not have been due the government
officers for working over time. but the wit
ness could not remember and did not know
In answer 10 a question by Cory. d juror
Mailon said that changes in wages We're
.,.,a.tfrn.s made III th. order of an en-