New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-12-01
WILL SHIELD NONE
Continued from first page.

Hage.nan CNo 81. was late He was late
again after recess II anybody on the
jury is late this morning it's freedom
will be curtailed.
The men were permitted 10 go 20
luncheon and to their homes yesterday
without restraint. being cautioned. how
ever. not 10 read anything about the
trial nor % talk about the case with
friends
Mr. Denison in outlining the prosecu-
ton told OF the methods of weighing.
made his accusation OF fraud against
the company. detailed the finding of the
steel wire and said the government
would connect the men on trial with the
conspiracy TO defraud the government
The first witness was Mr. Mclaughlin.
tail. thin, heavily bearded and with a
clerical stoop. The next was Mr.. Smythe.
smooth faced. stout and positive. Then.
they having told OF the methods en-
ployed by the government in collecting
the duties and Identifying the papers OF
the steamship Eva. from Java. the cargo
Of which was underweished. William
Spahr was called
SPAHR ON STAND.
Spahr. short and nervous, is a gov
eminent sampler now. He was employed
on the Havemeyer and Elder docks by
the sugar company from 1895 until
April OF 1871. Mr. Cochrane when he
saw that the governme~. intended to
prove cases Of fraud in weight before
the 1907 incidents mentioned in the in
dictment. objected strenuously but with
out success. II was when Spain took
the stand that the pink books were
brought out
The pink books were used by the
weighers and checkers. The weights Of
cargoes werc entered by the government
and city weighers and the checkers: the
books were then pasted back TO back
six in ALL and used as records Spahr
Identified the signatures Of the four
former checkers on trial. Every possible
effort was made by the counsel for the
defence 10 make the identification or the
signatures Of no effect owing TO the lapse
Of time since Spahr saw them. but with
out avail There was objection to the
books going in as evidence but Judge
Martin ruled for the government
Mr. Denison examined the first wit
misses. Mr. Stimson waiting until the
more important men are called. Spahr.
under STEADY fire from the counsel for
the defence. Identified a photograph OF
the scales and described how the gov
eminent weighers and the checkers did
their work.
ADMITS EARLIER EVIDENCE.
In the discrimination each counsel
for the defence took hand until the
court ruled that they should agree upon
a common course. Another effort was
made 10 have the evidence regarding
what occurred before 1907 stricken out.
but the court held that it was adj
n,issable Mr.. Lexow said everything
that had been permitted 10 go in was
T iuadmissabe until the prosecution
{ proved that a conspiracy had existed.
Judge Martin interpOsed with request
I for less time consuming methods.
Spahr said that he saw the books in
Spitzers Office. and then said that Spit
.er had Az assistant. Falkenstein The
hooks were glued by Splitter. the wit
ness said. He had heard Mr.. Splitter
complain 10 Falkenstein about the en-
ties made by the checkers. Mr.. Deni-
son asked whether he, the witness. had
heard any particular name applied 10
/ the checkers, and Mr.. Lexow cried
+ oh 40 loud that everybody laughed.
"Au u this Is exceedingly vague and
indefinite" Mr.. Lexow said warmly. In
{ al my thirty years at the bar I have
never Witnessed such proceedings"
DISSATISFIED WITH CHECKERS.
The witness managed TO say that he
f he ard Mr. Splitter SAY that he was dis
I satisfied with the checkers work. and
much laughter followed Mr.. Lexow's
! declaration that he objected TO that on
every ground. Mr.. Cochrane objected
L. the line of Questioning as it brought
( out reports Of mere rumors. And were
not in Paris, either" interjected Mr..
/ LexOw.
The counsel for the defence got the
/ witness 10 tell Of an illness from which
I he had been suffering. Spahr said he
1 had had hemorrhages and that Mr.. Ben
dernagel had sent him away for six
months 20 regain his health. had paid his
RAILROAD fare and his wages during that
/ time.
Andrew J. Mallon followed Spahr He
Is square jawed. dark. smooth faced
youngish and sturdy. He was a witness
last spring in the civil suit that result
ed in a victory for the government
| MalIon said. In answer 10 questions by
Mr. Denison, that he had been I'm the
cashiers Office in the Havemeyer & FL
l der plant for many years. up To and
/ including the greater part Of 1907. Tn.
/ rate OF wages he said was ordered by
I Mr.. Bendernagel and Ernest Gebracht
l the superintendent Mallon had charge
Of the payroll with four other men
I Suitzer's six checkers were on the list
in the book kept by the witness.
SAW RENDERNAGEL PAY.
When Mr.. Denison asked who Spitzer's
I gang consisted Of counsel for the defenc,
( out up "A united protest against the
word gang" All the men excepting
/ the six checkers. KehOe. Halligan. Hen
uessey. CoyIe. Boyle and Voelker. re-
ceived SD a day. The six men re-
ceived 50, but the amount on the en-
welcomes was SO only. Then the que5-
/ tion was asked whether he. Mallon. ever
saw Bendernagci pay money To customs
inspectors. and the witness answered