New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-11-25
SUGAR MEN LOSE
INDICTMENTS STAND.
Al Plead Not Guilty Before
Judge Hough.

former employees of tho American sugar I
Refining Company in the first battle Tor /
their freedom. George ~ Mackellar. coun-
sol for Oliver Splitter. and Henry f. Coeh- I
rane. the counsel for James +. Bender
nagei and the I'VE former checkers. fought
long but unsuccessfuIly to have the in
dictments thrown out Felix Frsnkfurter
represented Henry l. StimsOn. special
counsel for the government. in the contest
Mr.. Cochrane appeared with dual mo
ton: First, 20 have the Indictment quashed
because BendeTnagei had testified before
the United States grand jury in Brook
lyu when the short weight frauds were
under investigation there. and that this
testimony had been used against him and
the five checkers. and. second. that the
right Of inspection of the grand jury
minutes be given 20 the counsel The lat
ter said that the government counsel had
violated Bendernsgel's constitutional right
The indicted men. Mr.. Cochrane said.
had no idea that they were 20 testify
against themselves when they we're sub
poenaed. Mr. Frankfurter came forward
AT this juncture with two sfidavits. one
from United States Attorney Noungs, OF
the Brooklyn district, in which the lat
ter SAID that he had warned the men OF
their constitutional privilege and had told
them that they were not compelled TO an
swer any questions they feared might be
discriminating.
DIDN'T Use EVIDENCE, HE SAYS.
Winfred T. Denison had made another
affidavit. saying that the grand jury IN
this district had not used the evidence
furnished before the body III Brooklyn
After telling the counsel for the men that
he did not believe they had leg TO stand
on. Judge HOUgh said;
am relieved of the painful thought that
any adverse opinion 1 express VIII D. nnai,
. and VIII therefore more freely give the
7 conclusions heretofore reached IN the Price
I cas-. While i'm some Of the states the law
/ Is as commended by the defendants. III the
? leuera- courts there Is -chg nSt OF oplh-
+ ions establishing contrary doctrine name
. ly, that there is clear difference between
. a party s disqualification Is "A witness anu
B OF a persons constitutional privllege against
4 giving discriminating evidence. In this case
/ Il appears that the defendants were prop
/ erly summoned before lhe grand jury IN
/ BROOKLYN and duly advised OF their con-
stitutionsl rights.
I as 20 whether man suspected or crime
Who Is sUbpoEnsed 10 attend before Z grand
. jury and does attend. and a. advised OF his
4 rights. ana does thereafter TESTIFY as 20
/ matter which Al d subsequent date before
f mat sralu Jury OF elsewhere btSdAhts a
4 matter OF Indictment. Is OF u nOt eIlLutI
/ 20 the protection from the consequences of
4 H. ! adhere 10 the opinion that he Is not.
and that position requires me 10 deny so
much OF your motion as asks 10 have these
T indictments Quashed.
As 10 IN, motion 10 inspect the minutes
4 % the graz nd Jury for the southern district
I am confronted IN the first place. with an
affidavit in which there rs no reference
district. and in the next place 7 perceive
+ no reason for submission based upon your
4 own papers that there was any Justification
or excuse for looking into the eastern dis
I trict proceedings Of two years ago. into
this matter here. 50 that Tie question De
comes. Under what circumstances rs IL
proper 70 permit 10 parties an inVestiGa-
ton IF the grand jury minutssF
The grand Jury Is great power OF itself;
II is I'm "a certain sense mart Of the court.
but II Is very independent part or the
court and II is very important that IL
should remain an Independent part Of the
court. therefore. ] have made n = rule
ana / think good one--never 10 allow on
examination OF the grand jury minutes uu-
less there 10 tho strongest possible reason
. 20 suspect gross indiscretion or extremely
had advice or ver-- grave action on the part
. az the grand Jiry. see iro reason 70 sus-
pect anything Of this kind ~ tins case l
/ DENY both Of your motions, Nj. Cochraue
IN all their parts
Judge Hugh then accepted pleas Of rot
guilty from the counsel for their clients
ON Monday the fight for postponenIent
viii take place before Judge James l.
Martin who viii he here 20 try the case.
Collector Loeb vas AZ his Office yester-
dsr. having arrived from Washington.
where ne had been comforting with Score
tarv Macy eagh regarding tie sugar frauds
and other questions pertaining TO tho Gus
toms service. Mr.. Loeb said that the
house cleaning process would continue.
but hc would not give the exact number
Of dismissaIs 70 &c made before the clean
ing was finished. Those slated 10 go, il
was said arc men who have been en-
ploy Cd in the weighing department.
There Hds ne connection between his
presence IN Washington and the ANNOUNCE
January Z, Nr Loeb declared He did not
know who was 90 ne appointed 70 succeed
Z + Ar CIsr1son. but said that neither Rich
ard Parr. who unearthed the frauds on
the sugar docks. nor George ". Aldridge
or Rochester. WIS being considered fol
, Tie Office
II was reported yesterday that II was
the belief n Washington that Ar Clark
sons term expired ou January 1 and thai
tho announcement of his retirement was
simply made u pursuance OF an under
stood condition. President Taft - regard
cd the term limit 1t was said. and 1t wa'
also Declared with more than usual en-
pliasis that Sir Clarksons retirement had
= pathine- whatever To do with the hOus'
cleaning process II was acknowledge
that the present Surveyor services in IN
. .arthinE the sugar and other frauds had
q been extremely valuable.
b. Washington. Nov. 24.-Tie appeal 81 IN
10 -overuneut from the decision Of Judg
= Holt. Of the United States Circuit Cour
i II New York sustaining the plea of ~
statute Of limitations iuterpoSed by kis
e sell and Harmed. inflicted IolutiN Win IN
American Sugar REFINING Company on con
- sprs.-,- charges. will he Med IN the -
. / rlresue Court al the United states, posSl b
i within two "r three DAYS The triHscril
q 90 the record has iust reached the Depart
rreUt OF Justice from New y ork-