The Montgomery advertiser., 1909-12-01
SAYS HE WILL NOT BE "COAT' Bendernagel May Testify for
 Government. HITS AT SUGAR CORPORATION Witness Claims Company Eacouas-
 ed Crookedness. Declares Empieyes Received Fiffeen DoiIars Each for FaiseIy Ma.Ip- ulatinx seaIes--counsel for
 Accused Man Denies Con-
 nection With Company. 
HITS AT SUGAR CORPORATION

New York. Nov. so.--James F. Ben dernagel declines to be made the goat" by the American Sugar Refn- ing Company. the so-called trust. and if the word of his counsel is correctly interpreted he may testify for the gov- ernment before his trial. together with i've erstwhile employees of the com pany. all charged with defrauding the government by underweighing sugar, Is concluded in the United States cir- cult Court. ~
 This development came today when witness testified that sl5--some times a little more--was what employees of the American Sugar Refining Company were paid to be crooked. And the man who had in some instances paid this alleged corruption money accord Ing to testimony. was BendernageI. one time superintendent of the eompany's plant in Williamsburg tI3rooklyn.)
 In the face of this testimony Bender nagel conferred with his lawyer. George W. Beattie. who in turn made this ansounceinent:
 "Mr. Bendernagel is my client. He will not be the goat in this case. He was>an employe and what he did he did under orders. He will not shield anyone.
 Company Net in Defense.
 "The Idea that has gone forth that the sugar trust is putting up for his defense Is wrong. The company Is not contributing a cent for 1t. He did not receive a salary of s2o.000 per year. as has been said. He got q few thousand, much less than the figures given. When he takes the stand hc will com ceal nothfny"
 The evidence which brought this turn in the case. was given by Andrew J. Miilen. who up to 1907. was em- pioyed in the cashier's office of the Havemeyer and Elder refinery In VII. liamsburg.
 Bendernagel. he said was in charge Of the office.
 ..Did you ever see Bendernagel pay cash to tho men in the uniform of the custom house who came to hts office.'' asked Winifred T. Deunison. of counsel for the government.
 Yes was the answer.
 What form was this money in?s
 "It was in bank notes taken from the safe In the oftice. I never saw vouchers for 1t nor heard of any" Mai- len replied.
 Malien testified further that John R. Coyle. Edward A. Boyle. Patrick Hem hSsSg 1ho Sc~A ScoAACAs HVA6AohS %&tA checkers among the men accused. were paid In envelopes marked S12 for the week. But their envelopes contained s15. Later. when the salaries of tAss class of men were raised to st5. they got SIS in their envelopes. though the regular pay for their positions was marked on the outside of the enyelone at SIS.
 The government sought to show that this unexplained increase In salary was a reward for manipulating the scales to show false weights on sugar.
 "E3endernaEsfs decision to conceal nothing should not be construed to mean that he will confess anything against tie American Sugar Refining Company CT anyone else" said his lawyer in a statement tonight .His stand does not even imply that he has knowledge of any unlawful op- erations.
 But did say" the statement con- tinues. "that the sugar trust Is not defending these men, and thsy should not be made goats of a general att tack on the trust"
 Testimony st ths trial today shows. if the witness Mallen Is correct that the excess wages to weighers and checkers now under indictment. whcm the government charges with receiv- ing extra compensation for under weighing came from 117 Wall Street. This is the American Sugar Refining Company's office.