New-York tribune., 1909-12-05
SUGAR TRIAL JOKER
1T NAY BE QUESTION
LEIOW ASKS.
He is 1ccRmulating Evidence
to Use Later in Pleading
Lack of Jurisdiction.

In the course of the trial last week OF
the former employees Of the American
sugar Refining Company on charges of
conspiracy 10 defraud the government
out of customs duties Clarence Lexow.
OF counsel for the defendants. asked this
question. in substance. as material wit
nesses were about TO step down:
These docks are in Brooklyn. are they
not?"
he would then call attention to the
fact that the Havemeyer & Elder plant,
where the short weighing frauds were
committed. WAS in the Eastern Federal
Judicial District of this state The trial.
which viii be continued this week. is be-
ing held in the Southern District. Mr..
LeXow's question meant. IL was said
Yesterday. that the counsel for the de-
fence would make a determined fight TO
have the case thrown out of court be-
cause of lack Of jurisdiction
II was pointed out by a lawyer ia
miliar with every phase Of the case that
the counsel for the defence was asking
about the location of the docks so that
hc would have an accumulation Of evil
dence apon which 10 base his motion.
and that this motion would he made as
soon as the prosecution had finished ITS
case. Should Judge James l. Martin,
who is the trial Judge. rule against Mr..
Lexow, a substantial foundation for an
appeal would be laid. ii was said The
lawyer said:
The alleged crime for which these
men arc being tried was committed in
Brooklyn. Most OF them have lived
across the river all their lives. They
are essentially residents Of that part OF
the city. have been employed there for
many years and were al work there
when the short weighing frauds were be-
ing committed. The scales that We're
tampered with are on the docks at WILL
iamsburg. The big refinery that re-
ceived the sugar that was weighed on
those scales is in Williamsburg.
CRIME AGAINST CUSTOM HOUSE
1t will he said that the records were
sent 20 the sugar company's Offices here
and 10 the Custom House: also that the
alleged crime was committed against the
Custom House here. But so far as the
from the frauds was the government at
Washington. and IL is there that all
records 40. There was as much reason
for bringing the case TO trial in Wash
ington as in this district.
The defence can refer 10 numerous
precedents." the lawyer continued. so
far as recent cases are concerned. many
persons accused Of smuggling have been
arrested in New Jersey in this customs
district. and have been indicted in that
federal district at Trenton. The CHEESE
brough case is one in point. The alleged
crime was committed against the gov
errment. and the Custom House here
was deprived Of duties. But the indict-
monts were found in the New Jersey
federal district. and there you are"
It was learned yesterday that the
prosecution had seen the trend of Mr..
LexOw's question and that there vas
Lot a little concern about H. From a
lawyer close TO the government little
fear Of the result was expressed. how
ever. II was said that the time 10 make
the fight effectively against the trial be
ing held in this district was when the
question Of the removal Of the accused
men came up. There was no fight at
that time.
PART OF DEFENCE'S TACTICS.
The seeming willingness TO have the
trial take place in this district. however.
vas part Of the tactics Of the defence.
according TO a lawyer familiar with their
plans. A fight AT the time the men
were indicted, if won, would have meant
a trial in the Eastern District, whereas
a fight after the prosecution has its case
all in will result. if successful. in pro-
tracted delay at the least. and thus an
essential part Of the programme of the
defence may be carried out
AS far as a foundation for new trial
is concerned. very few questions have
been asked by the prosecution that have
not been objected To by counsel for the
defence There have been blanket OBJ
iectons that have covered whole line
of questions Judge Martin has seldom
allowed the objections.
one Of the striking incidents of the
trial last week was the change of atti-
t,.6e of the defence regarding the bring
ing in of the Wall Street end of the
.,,,,ar conpany's mana cement No one
VAS 10 be shielded. according TO the
,..,i nseI for the accused men on one day
,-he next day the crosse examinations ex-
elud.d all references 10 the Wall Street
offices. ON enc occasion witness
started in TO teli of something in con-
r.ction with the records that would in
evitablv have led 10 the company's Of
fees. He was shut or.
II was learned yesterday that the pros
e.ution would cut its case as short as
NJ, ssible. SO that the trial might be ended
tbis week None of the officers Of the
surar company VIII be called as wit
nessos by the federal counsel