New-York tribune., 1909-12-09
TELLS OF REMOVAL
SUGAR NAN ON STAND.
Protested Uhen Bags We're
Rushed Past Scales.


Company 20 a close in the United States
Circuit Court. the prosecution succeeded
yesterday In getting all its tables of
weights. books and documents in as evi-
dence. and Just before adjournment called
a witness 10 the stand. who took the case
back thirteen years. Frank A Hornby.
an assistant government weigher. said that
he had been removed in 1896 as weigher of
a cargo through the influence OF James F.
Bendernagel. one OF the defendants. be-
cause he had complained that bags OF
sugar had been rushed passed the scale
without being weighed.
James Conlon. a former assistant weigher
for the government. preceded Hornby on
the stand. Conlon said that he saw
Thomas Kehoe. one OF the defendants. a
former checker for the company. using
device consisting Of two small weights at
tached 10 a string. This was put on the
beam. and the weight was Influenced
against the government Kehoe, Conlon
said, begged 10 have the device returned
TO him II was done. but sonlon saw him
using it again. and then took il and re-
ported the matter 10 the foreman. George
Baldwin
Richard vhalley. who was aiding Rich
ard Parr in the search for the fraud
method employed on the Havemeyer &
Elder docks. was under severe crOss-eX-
animation for the greater part Of the morn
ing, beginning when the court opened
Henry T Cochrane. counsel for the former
checkers, who are defendants kehOe.
Patrick J. Hennessey. Edward a. Boyle
and John r Coyle. was checked az first in
an attempt TO rake up Whalley's past but
the court relaxed, and Mr.. Cochrane asked
the witness whether he were not deserter
from the navy. TO which Whalley answered
that perhaps he was: whether he were
bigauist. which the witness denied;
whether he had not stolen 500 and then
paid il back. the theft being denied sroutly.
WHALLEY's FIRM DENIALs.
The prosecution tried 10 stop this mode Of
cross-exarnination. but without success. But
Whalley's denials excepting 70 the charge
of desertion. were made without hesitation.
and emphatic. Whalley also was asked re
garding his relationship with Edwin I. An
derson, claimant FOR the moiety for the
discovery Of the fraud. The witness said
that he had signed paper 10 share in the
claim. but that he had made no claim for
himself
NJ. Cochrane brought out with rather
more emphasis the story of Whalley's share
in the raid made BY Parr on November %.
Parr, the raising Of WhaIey's hat. the lat
tcrs seeing Heunessey IN scale house No.
s. lowering his left arm whenever a draft
OF sugar was weighed. these and other in
cidents were told OF with greater circum-
stautislity by the witness under the cross
examination
Whalley denied that he was ever un-
friendly 10 oliver spitzer. one Of the de-
PENDANTS. He never spoke unkindly Of ne
former dock superintendent. he said. and a
reported conversation with a government
weigher, Whalley said. was not true. Nor
had he visited the weigher 10 complain Of
Splitter He had gone there under instruc-
tions. c NJ. Besttie, counsel for James
? BendernageI. one OF the defendants. took
Whailey in hand and succeeded in bringing
out more evidence
In answer 20 questions Whallev said that
. M Weuzel assistant 10 M Bender
nagel. said he would employ the witness II
he would bring an affidavit made before
Mr.. Cochrane that he had not seen the steel
spring, or known anything about IT, This
was Immediately after the RAID. The wit
ness compiled with the requirements
Nicholas Kent degrade from the posi-
tion Of assistant weiEher for the govern
ment last summer. was a witness. He had
weighed sugar on the docks al williams
burg. and identified Coyls. BOYLE. Kehoe
ana Hennessey as having checked Tor him.
Mr.. Kent has been fl the government ser-
vice for more than ffty Years Kent was
II scale house No. with Coyle when the
raid took place Another witness was
Frank J. EnElert. q sugar sampler. for the
government He had handled the sugar 70
weighed after the raid.
TRACING SCALE RETURNS
George N. aiackellar. assisting Clarence
Lexow IN the defence Of Oliver Spitzer.
asked Mr.. Kent all about the method en-
ployed in Weighing the sugar BY the assist
ant weigher. Mr.. MackelIar has asked this
question OF all witnesses who have had
anything 10 do with the scale work On
The docks. This was done 10 trace the
returns 10 the once OF the government
weigher In charge in Brooklyn
In the afternoon the fight for the a5
mission OF books. tables. etc. as ey7-
dence was begun by the prosecution. The
defence did not succeed in having anv-
thing sidetra cked- The model scale was
removed 70 the left side OF the iurv box
ana then Mr.. Denison,- for the prosecution.
read the contents Of several pink books 70
the JURY. beginning with the weights be
fore the raid and reading the weights
thereafter, showing the quick advance IN
the totals.
Tables OF figures were taken Up IN the
same way and there was much lighting,
much ove-Tuling by the court and con
tinual exceptions by the counsel for the
defence. Il was said last evening that
nine-tenths OF the questions asked by the
prosecution had been objected 70 ana that
few % the objections had been sustained.
There were blanket objections yesterday as
on other days Of the trial.
Mr.. Parr was recalled 70 identify The en-
tries in q pink book regarding the sugar
AZ Scale No / when the raid was made The
tables made from the pink books were being
offered IN evidence when Judge Martin said
that the counsel for the defence should see
them. Afr Denison said that they had seen
them when Mr Mackellar said.
y haven't seen them. but we think them
Objectionable. anyhow" which caused gen
eral laughter.
Ephraim Japha. the weigher in the scale
raided was recalled. He was asked 70
tell about the presence % James Vail a
deputy surveyor al the time. Mr. Japha
said that AIr Vail came into the scale
house. balanced the scale. and went away
HOruby was then called. and he was still
on the stand when adjournment came.
HORNBY AND BENDERNAGEL
Hornby could not remember BendernageI,
and Thomas AIulhali. who was on the docks