New-York tribune., 1909-12-17
INDICT GERBRACHT
SUGAR MIN GIVES
$4,000 Bail.
Effort to Conceal Arrest of
Former HaTemeyer S
Elder EmplOye.

Despite every effort to keep the action
Of the federal grand jury in the sugar
| investigation a secret, IL came out
yesterday that Ernest Gerbracht. for
mer Superintendent of the Havemeyer
G. Elder plant of the American Sugar
Refining Company. was indicted last
week He was taken before Samuel NJ
Hitchcock. United States Commissioner,
on Saturday morning. and there gave
bail in the sum of $4,000. Mrs. Ger
bracht went on the bond.
To prevent publicity the arraignment
occurred in Commissioner HitchcOck's
office, No 76 William street. IL has
been customary for years to bring in
dicted persons before Commissioner
Shields. in the Federal Building. The
trial of the six former employees of the
sugar company on a charge of conspiracy
TO defraud is being held on the same
floor. IL would have been impossible TO
make the arraignment there without
discovery.
Lexow. Mackellar & Wells are the
counsel for Mr. Gerbracht. When MIR.
Lexow was asked whether his client had
DtCn lilllCltu dtAu ne
Il have not been officially informed of
Mr.. Gerbrachts arrest"
Mr. Mackellar was equally reticent.
He said that If the former superin-
tendent of the Havemeyer & Elder plant
had been indicted it was up to the
United States Attorney TO talk about it.
The case was not before the court. he
said. and added:
The newspapers often find ont things
We don't know ourselves"
PROSECUTOR WON'T TALK
Neither Henry L. Stimson. the special
government prosecutor in charge of the
sugar cases and investigation, nor his
assistants would make the indictment
public. II was plainly intirlated that.
no matter what the result Of the grand
jury sessions might be, the findings
would not be made public until after the
case OF the six former employees had gone
10 the jury.
II was learned yesterday that another
indictment. and of a person of promi-
nence in the sugar business. would be
made soon. MI Gerbracht had been with
the American Sugar Refining Company
3
years when the business was a purely
Havemeyer concern 1t was said that
when he resigned. last month, he was
getting salary OF $4,000 a year At
/ the time there was a report that he in
tended 10 go 10 Europe for a long visit.
Later il was said that he had accepted
the superintendency of the Arbuckle
plant. to succeed the man at present in
charge. who. il was rumored. would
resign on January l.
At his home at No. S735 Twenty-sec-
! Ond avenue. Bensonhurst. Mr.. Gerbracht
was asked last night if he had any state
mfnt or comment TO make regarding the
new Indictment
who told you anything like that had
happened ?" he asked. with surprise. ON
being assured that the facts in the case
had been fully established. he said:
We'll. what do you want me to say?"
Anything you please; denial or an
affirmation or a defence"
Il shall have To refer you To my at
torney Mr.. MackellaT." he said. after
consideration. That's about all"
ACCUSED MEN UNDERLINGS.
In the summing up before the jury in
the United States Circuit Court, Grim
inal Branch, yesterday. in the case of
the six former employees Of the American
company. the counsel for the defendants.
as foreshadowed exclusively in The Trib-
une, laid stress upon the fact that the
accused men were merely employees OF
the company to which the profits OF the
business accrued Clarence LeXow, one
Of the counsel especially for Oliver Spit
ger, former dock superintendent. said:
Are these men the Captain Kidds IF
frenzied finance. whose path to fortune
has been strewn with ruined homes? Are
! they the stockholders with pockets bulg-
ing with profits? No! They were the
merest underlings in the great trust. But
look at No III Wall street. There the
invoices of the cargoes were sent there
the weights got by the city weighers
were sent, and there the weights Of the
United States employees were sent and il
WAS there that the difference in weight
could have been discovered. There the
check TO pay for these cargoes was
drawn. and TO that place the refunds
were returned. and not 10 these men"
Before this Winfred T. Denison. assist
ing Nr. Stimson, had summed up for the
=
Continued on second page.