New-York tribune., 1909-12-19
SUGAR BREAK NEAR
CHECKER NAY MAKE
CONFESSION.
Government Likely to RecoCer
Fire Millions as Result of
Exposures.

sight Indictments Of men said TO be high
NJ IN the councils OF the company an
assured fact. and Investigations Of other
companies leading 10 restitution OF mill
ions of dollars 10 the government on ac-
count of discoveries in their books by
the federal prosecutors. il was said yes
rsrday that the barring Of the whole
scheme 10 defraud the government OF
customs duties On sugar was a matter
o. short tine only.
n the Criminal Branch Of the United
States Circuit Court Judge James L.
Martin. before whom the six former en-
ployes Of the American company were
tired. II setting January S as the date
for the argument for new trial for the
fvs men Who were convicted. said yes
tsr5av that they should not shield those
Who were primarily responsible for the
sugar short weighing frauds. This, as
an Invitation 10 confess. was almost i'm
redisreIy followed by evidence on the
psrt = one OF the men. Patrick J Hen
ressev. that he would avail himself Of an
opportunity to tel all he knew about the
proceedings on the docks Of the Have
rreyer & Elder plant in Williamsburg.
Oliver Splitter. former dock superin-
tenderr the defendant designated by
counsel for the government as the brains
e Ire conspiracy on the docks, turned
svav abruptly as the court closed. The
othe- convicted men. Thomas Kehoe, Ed
vard a Boyle and John r. Coyle.
showed the same disinclination 10 accept
-
was expected. would see Henry L. Slim
son special counsel for the government,
to-ncr-ow Or Tuesday.
FIRST SIGN OF 4 BREAKDOWN.
The scene in court was the first sign
n hreakdown on the part Of any of
fhe former employees Of the American
co-rarv. The effect Of this. il was said.
would De- portentcus Of events favorable
70 RE prosecution. With one Of .tlle most
important indictments found. that Of Er-
res- Gerbra chit. former superintendent Of
the Williamsburg plant another and one
n sr5u greater moment reported as ready
n b. returned. and still another. the
nos- important Of all. under considera-
tion. rhe goy--nnlent vas said TO be on
rhe eve Of laying bare the whole con-
spiracv which resulted in such serious
Joss II duties. loss made up only in
fart X was declared yesterday, by the
restitution last spring Of 100000.
The convicted men have until Tues
.dsy % furnish the bail required by the
oUurr pending the hearing of the argu-
meu- for a new trial That Of Splitter
was raised from 5000 10 $4,000 and
that II the former checkers was allowed
70 remain AZ the old figure, $1,000. Judge
Martin. IN granting the arrest Of judg
Ineut and referrin- TO the juTys recon-
msndarion 10 mercy. said:
Men who are led to do wrong by the
influence OF stronger minds which con-
rroI them ere entitled 10 the benefit Of
me-c.- The court is bound TO say, how
ever. that the conduct of some OF these
defendants since the action which the
iurv has found TO have been a conspiracy
Is more questionable even than their
conduct in the commission OF the acts
passed upon by the jury. For if men are
moved tv minds stronger than their own
70 commit offences they should not after
ward. when brought before the court,
attempt 70 shield those who are pri
marty responsible-
There was no doubt about the mean
inE 1t The court. and when Hennessey
stepped forward 70 talk 20 Mr.. Stimson
Jhe-e was expectation that then and
there revelauons would be made. But
Nr Stmson invited Hennessey 70 call
a. his Office on or before Tuesday, and
m former checker left the courtroom.
Ernest Gerbracht, whose contract was
cancelled - the Arbuckle brothers with
oBr MS consent. may not rest under the
alleged Interference on the part Of the
government counsel in the matter OF his
employment by the rival refinery His
eoUnse- il vas said yesterday, viii take
some action looking 10 the placing Of
me respcnsibility for the cancellation
ArbuckIe Brothers advertised for a SD
perinue1deut yesterday. II was reported
hat c1ey had been cutting. down their
force Of workmen, owing 10 their failure
tC get the man who, according 70 the
trade. was the most experienced sugar
nan IN 1he country. The Havemeyer &
Eiosr company. was also said 10 be
without z superintendent who could
measure ID 70 Mr.. Gerbracht. and for
that reason was laying off men in large
NUMBER ~ docks On the East River
have been singuIarly bare Of the former
rush Of business since Mr.. Gerbracht re-
signed from the American company.
BONUS THEORY DISCREDITED.
report yesterday that the frauds on
he Williamsburg docks were due 10 the
Efforts OF employees 10 earn bonus
orered by the American company 10 the
refinery mailing the best showing was
ssio 70 be contrary 70 all the evidence
n the possession of the government IL
NE bonus offer had a foundation. II was
Pointed out, the prosecution would stop
with Gerbracht IN the effort 20 find In
alcrnents. But a lawyer close 70 the
ieoeral authorities said that the grand
i1ry had evidence that led 20 other per-
IONS VINO c-uld not have benefited by
my accelerating scheme the company
night offer 70 It's refinery employees
Al least s5.O00.O0o. IL is now estimated
VII be handed over 20 the United States
Treasury before the Investigators COM
here the work OF reckoning just no"
nucn the government lost on account OF
mort weighing OF sugar on the docks OF
Ee HE e. q houf New YORK