Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-12-01
Former Superintendent Of Su-
gar Companys Dock, on
Trial for Fraud May Become
Witness for Government
LAWYER SAYS CLIENT
DECLINES TO BE THE GOAT
Witness Swears He Saw De-
fendaot Hand Bank Notes to
Men in Uniform of Custom
House Officers.

lBy Morning Journal special Leased wIreI
New York. Nov 30--James Il. Benz
dernagle declines TO be made the
goat by the American Sugar Refin
ing company and II the word Of his
counsel IS correctly Interpreted he
may testify for the government be-
fore the end OF his trial on a charge
of detrauding the government by un-
derweighing sugar.
This development came today when
a witness testified that fifteen dol
little more--was
N hat employees of the American Sugar
Refining company we're paid to be
crooked And the man who had Ia
some instances paid this alleged cor
ruptipn money according to the tes-
timony, was Bcndernagle, one time
superintendent OF the companNs plant
in williamsburg tBrooklNn).
In the FACE of this testimony Ben
dcrnagle conferred with his lawyer,
George W 3eattie, who in turn made
this anonuncemcnt'
"Air. Bendernagle is MY client He
viii NOT be the goat in this ease He
WAS an employe and what he did he
did under orders And he will not
shield anyone
Tho idea that has gone forth that
the sugar trust is putting up Tor his
defense s wrune The company Is not
cnnffia&tlrs oiN, q ns for ~ Tie did
not receive sniary of S20,000 a year,
as has been said When he takes the
stand he Will conceal nothing
The evidence that brought this turn
la the ease was given by Andrew J.
Mallen. who up TO 1907 was employed
In the cashiers office of the Have
meyer and Elder refinery In Williams
burg Bondernaglc he said, was IN
charge of the office.
"Did ynu ever sec Bendernagle pay
cash to men ia the uniform of the
custom house. who came To his Of
fiee2" asked Winitred I. Dennis of
counsel Tor the government.
"Ycs. was the answer
what form was this money in?"
ut was in the form of bank notes
taken from the safe in the office. |
never saw vouchers for II or heard of
any" Mallen replied
Mallcn testified further that John
r. Coyle, Edward A. Boyle, Patrick
Hennessy and Jean Voelker, weighers
and checkers, were paid In envelopes
marked Sl2 for the week, But their
envelopes contained $i5. Later when
the salaries OF this class of men were
raised to SIS they got SIS In their
envelopes though the regular pay for
their position was marked on the out
side at SIS.
The government sought To show
that this unexplained increase In sal
airy was a reward Tor manipulating
the scales to show false weights on
sugar. Bendernagle's counsel main
tanned on the other hand that If there
was anything irregular about the
payments the defendant was not re-
spUnsihlc.
Bendernaglc's decision to conceal
nothing should not be construed to
mean that ne win confess tO anything
against the American Sugar Refining
company or anyone else. said his law
yer iu statement today. His stand
docs not even imply that he has
knowledge of any unlawful opera
tions.
But I did say the statement con-
tinucs. that the sugar trust is not de-
fonding these men and they should
not be made goats of in a general
attack upon the trust
Testimony nt the trial today shows,
if the witness tMallenl rs correct
THAI thc excess wages TO the Weighers
and checkers now under Indictment.
whom tho government charges with
receiving extra compensation for un-
derwtiehine. ,umo from M Wall
street. This is the office of the Amer
7 jean sugar ltcnuing company.