New-York tribune., 1909-12-12
STILL USING PROBE
ER4ND JURY ACTITE.
Sugar Investigation May Lead
10 Perjuru Indictment.

Before the federal grand Jury this week
che investigation OF the frauds committed
on the Havemeyer a. Elder docks In
Williamsburg viii be continued. The per-
sistent rumor that persons occupying posi-
sions higher UP" In the American Sugar
Behning Company were 20 be indicted was
not heard yesterday. There has been a
sort OF blank wall effect in all the efforts
made so Tar 20 fix the actual initiative
81 the frauds The government prosecu-
tors are sun hopeful. however.
The trial. which was called before Judge
Martin on November %. promises 20 last
much longer than was expected This, II
vas safe yesterday. was as much due TO
the new evidence brought out by the wit
nesses for the prosecution as 20 the hsht-
fng programme OF the defence The gov
ernment's case is all in on the record. but
witnesses viii be called in rebuttal and
these may be those who have already
neen hearo and others the prosecution
hopes 10 get
Through the investigation before the
erand sury new evidence is being obtained
right along. II was IN this way that John
u Thompson, an employe In the main
ofioes OF the company. was induced 20
testify. Others are expected 10 show suffi-
90 be OF value on the stand
Among the things expected 10 be accom-
rlished before the grand jury is the In
oictment for perjury OF q person familiar
with dock conditions A ruse was practised
on the prosecutors 10 obtain immunity. but
81 failed. The indictment OF this man was
said 10 prornise farreaching results.
Although Oliver Splitter. one OF the de-
PENDANTS and former dock superintendent.
0ss under cross-eNamination for over an
hour by Henry L Stimson, the special
prosecutor for the government, when the
court adjourned Friday until tomorrow II
vss said yesterday that Mr.. Stinnson had
only made q beginning. None Of the Wit
resses for the defence Will escape a severe
syrusiling e. the hands OF the government
COUNSEL, II was said
The attitude of the counsel for the ac-
.used men, that their clients were being
snade the scapegoats. was absent through
out the trial last week. And with Its dis
appearance there came evidence Of de-
termination 70 fight for acQuittal without
sny attempt TO implicste others In the
J Frauds
Henry F. cochrsne. who was supposed 20
( represent only the men who were formerly
checkers for the sugar company. has borne
the brunt Of the defensive work so far. He
. addressed the Jury. outlining the defence:
: De examined Splitter, and IL vas said that
DE would examine the other witnesses 70 be
called in an effort 70 clear the accused men
But James +. Benoernagel. the one man
higher up among the men on trial may
be interrogsted on the stand BY his special
counsel. c. n Beattie
Il was learned yesterday that prior 20 1901
Ny Bendernagel was in charge. practically,
Of the Williamsburg plant. but that after
the late Il o. Eaveneyer assumed COM
solete control Of the sugar compsny's bust
ness Bendernagel was relesated 10 the posi-
rion of cashier without any managerial
functions. 1t was IN and after 1901 that
the frauds on the docks were comudtted
There is a belief that the men on trial. II
convicted, may receive 4 sentence On each
- the several counts in the Indictment.
one of the government counsel said yester-
DAY that this was not the fact-that SEN
tence could be for but one offence The ex-
freme penalty is two years in prison or
5000 hne. or both
As evidence that the grand jury investi-
EsIion was not being made without the
hope OF further indictments. Attorney Gen
eral Wickershan's report was yesterday
pointed 10, in which he asks for s5O. 900 10
enable an effective prosecution OF the gov
ernment's efforts 10 get al the bottom Of
the frauds.