Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-06


Special Dispatch to The Star.
NEW YORK, December 6-The second
| week of the trial before Judge Martin
and a jury in the criminal branch of the
United States circuit court Of James F.
Bendernagel. Oliver Splitter and the for
mer sugar checkers, Coyie, Boyle, Kehoe
| and Hennessey, was begun today by
calling to the witness stand Ephraim
Japha, the assistant customs weigher,
who was in scale house No. No
vember 90. 1907, when Deputy Surveyor
Richard Parr then a special agent of the
Treasury Department, discovered the hole
in the stanchion Of the scales and the
spring wire device used in manipulating
the balance of the scales.
The witness said that he was weighing
that morning first with Voelker as the
sugar company's checker. and later with
kehoe, one of the defendants. in the pres
ent trial. The huge sugar scales which
were brought into court last Friday were
used by Henry L. Stimson. the govern
ments prospecutor. in illustrating Japha's
testimony relating to the methods of
weighing. the position of the checker. the
place where the hole and spring device
were discovered by Parr, etc. Japhas
recital OF the events of November 90
of the scales by the sugar company's
checkers on the Williamsburg docks was
discovered. was practically repetition of
the statements made by Richard Parr in
the testimony given by him last week.
Figures Must Agree.
On cross-examination by Henry F.
Cockrane of counsel for the defense the
witness was asked if the checkers fig
,,ro mans yr.itI,
weighers' TALES.
Yes" replied the witness, because the
government weigher has the correct
weight
But it is possible in the case of rapid
work that a checker might make a mis-
take, isn't it,"
Yes. / suppose so.
We'll. what do you do in that case?'
1T rarely happens, but when it does we
stop work and compare drafts
Parr Again on Stand.
The further characterization of Rich
ard Parr. which was suspended last week
owing TO an engagement former Senior
Counsel Clarence Lexow Of counsel for
the defense had in the state courts, was
continued today after the government
weigher Japha had been excused
Mr. LeXow made no further progress in
breaking down PARIS testimony regard
ing the raid on Williamsburg dock No
vember 20, 1907. than Henry F.. Cochrane
did last week. The witness admitted that
Richard Whalley was to get advance in
formation for Parr as to what device was
being used by the sugar checkers and
was to signal Parr as to what scaIehouse
the device was being used in.
Mr.. Lexow tried to get Parr to say that
he was excited when he left the scale
house to telephone, after the discovery of
the spring device, and when he met
Splitter on the dock just outside the scale
house. 1t was in this meeting with Spit
ger that Parr said the former dock SUI
perintendent talked excitedly about the
'Iron," the inference being that Splitter
knew of the spring device and betrayed
his eagerness to know If anything had
been discovered. Parr, however, refused
to be drawn into any admission that he
was unduly excited on meeting Splitter
and declared that while he could not re-
peat verbatim what the latter had said,
he remembered the substance of it and
many Of the expressions he used.
Weighers Had No Keys.
The cross-examination of Parr was
brief, and Mr.. stimson excused him at
once, as he had left his sick bed to be
on hand for Mr.. Lexow's deferred cross
animation.
The next witness called was Charles S.
Pettingella a customs inspector and for
merIy government district weigher
until February, 1909. He said he had done
weighing on the Williamsburg docks
within the period covered by the present
trial. and that he knew several of the
checkers including Coyle. Boyle and
Kehoe, three of the six present defend
ants.
Ibid the government weighers at any
time have the keys to the scale houses on
the Williamsburg docks?' asked Mr..
Stimson.
NO" replied the witness.
'How did you get in. them
1T was necessary to see the checkers
to get the keys. or we might find the
doors open on arrival.
Cross-ex animation of the witness tend
ed to show that there might be several
causes for discrepancies in weihght and
tallies due to inaccuracies of weighing,
resulting from the accumulation Of
spilled sugar under the platform. the in
advertent step of a person on the plat
form, etc.
Noticed the Difference.
The next witness called was Thomas
M. Stenson, an assistant customs weigh
er. Stenson told an experience he had
with Kehoe In June, 1905. when about 3
in the afternoon he (Stenson) noticed
that the scales were not weighing so
heavily as in the morning.
II asked kehoe," said the witness,
what the trouble was and went outside
to investigate. ! found nothing wrong
there, and when / went in again found