The Barre daily times. (Barre, Vt.) 1897-1959, 1909-12-10

CLOSES CASE
Sugar Defence Begins Its
Side
in WRONG JURISDICTION
II Says-ProsecutiO Gets in Final
Shot--A Tale Of spitzer's Com
piicity Is Told by
Hyatt.

New York, Dec. lo.-Tbe government
closed its case yesterday in the trial Of
the six former employees Of the Amer
lean Sugar refining company for com.
plicity in the sugar weighing frauds
which has been going on before Judge
Martin and a jury in the criminal
branch Of the United States circuit
court for ten days. Immediately upon
the termination OF the governments
case, counsel for the defence offered a
series Of motions to dismiss the indiet-
ment, the most important Of which as.
serted that the defendants could not
be tried in this jurisdiction because the
acts alleged were all committed ii the
eastern district Of New York, whereas
the trial has been held in the southern
federal district Of this state II WAS
further coDtsnded that the defendants
had already been acquitted of the crimes
charged in the other jurisdiction. These
arguments consumed the rest Of yester-
day and the case will probably reach
the jury sometime to-day,
III its final evidence the government
got In one more fact tending TO show
that the corruption Of United States
employees on the docks of the Sugar
Refining company at Williamsburg had
been OF many years duration Former
United States weigher Hyatt, who was
in charge Of the Williamsburg district
for a number Of years and AT one time
was engaged at the Haveneyer and FL
den refinery there, testified as To d
conversation which he had with Oliver
Splitter, the former dock boss Of the Will
Harrisburg establishment and one Of the
defendants in this case
when I FIRST came to the Williams
burg plant, said Hyatt. splitter APP
preached me and asked me to 20 into
the Office OF Cashier Bendernagel lanoth-
er Of the defendantsl and be introduced
] asked him what charge was 10 be made
for the Office that was TO be provided
for all Of the government men on the
docks and he said, Never mind that,
we always pay that TO the weghers;
all you have to do is to 20 to Bender
nagel's Office and get your invoice
Nothing will be said / said TO Mr.
Splitter that be had better wait couple
OF months until he saw what my admin
istration was going to be before he did
anything like that. made written
report of the occurrence to Surveyor
Krofts, but nothing Was ever heard of
it,
Former Surveyor Crofts is now dead
The government produced Harvey f.
Miller, for q long time an employee Of
the Fairbanks Scale company, who re-
membered tile construction and the in
steilation Of the doetored scales at the
Williamsburg plant Miller testified
that when the scales were built the
levers To which the steel spring was APP
piled which resulted in the registration
81 false weights we're on the other side
OF the scale stanchions. Other witnesses
had testified that as the scales were
used. these levers came on the side away
from the light and where q man stand
ing in front Of them, as the sugar com
pany checker used TO stand, could not
he closely observed The government
also produced Henry Sands who was i
clerk in the Office 81 Bendernagel and
testified that he had seen Bendernagel
pay money to men in the uniform Of
the customs service. This evidence
closed the governments case and the
argument on the various motions was
begun.