New-York tribune., 1909-12-01
WILL SHIELD NONE
SUGAR MEN ON TRIAL
TO TELL ALL,
En- mplOyes Throscn Ouer by
Trust Object to Being
Scapegoats.

Counsel for the six former employees
/ OF the American Sugar Refining Com
/ lany, on trial before Judge Martin in
/ the United States Circuit Court on
charges Of conspiracy to defraud the
government out of import duties. made
1t clear yesterday that they would try
TO prevent their clients being made the
scapegoats i'm the present prosecutions
/ by those responsible for the sugar
short weight frauds
Cherries NJ. Beattie. retained by James
+. Bendernagel former cashier of the
company i'm Williamsburg. one of the
accused men; Henry F. COchrane, coun-
4 sci for the -four former checkers and
weighers. and Clarence LexOw, who with
George NJ. Mackellar is defending oliver
/ SIitzer, former dock superintendent 80
the Havemeyer & Elder plant, assert ID
with emphasis that their clients were
employees. They said the defendants had
done nothing wrong knowingly. but had
rbeyed orders. and that nothing possible
would be omitted to clear the men held
responsible by the government for the
wrongdoing on the docks at Williams
burg
Mr.. Beattie said after the last wit
ness for the day had stepped down and
the court had adjourned until this morn
ing:
The statement made on various Occa-
sions that Mr.. Bendernagel received
S20.O00 from the sugar company while
in its employ is untrue. So is the inn
preston that the company is back of the
defence. The company has just thrown
these men over and is letting them he
the scapegOats. We do not purpose to
stand for that.
did AS HE WAS TOLD"
Mr.. Bendernagel was the paymaster
and paid out the money under instruc-
tions He did as he was told He had
nothing to do with saying who was to
receive the money. If there was any
thing wrong about the payments ne was
ret responsible for IT. No one will be
shielded in this case"
MI Beattie issued a statement later in
the day. in which he said The stories
published that Mr.. Bendernagel would
make a confession and betray the Sugar
Trust were erroneous.
Mr. Bendernagel, my client. has moth
iEg To confess against the Sugar Trust
cr any one else" he said. Il gave no
interview To any one which carried with
fl the imputation that he had knowledge
ot unlawful operations or that he would
confess anything.
"Bendernagel simply was the cashier
Cor the Sugar Trust at the Williamsburg
refinery. He paid out the wages of
twenty five hundred men. whose salaries
were fixed in the superintendent office
His function i'm paying those salaries
MAS strictly in the line of his duties as
an employe of the company in carrying
out the orders of those in authority over
him"
MIR. Cochrane said he was there TO
defend his clients to the limit. saying
that they had done nothing wrong and
had been simply employees, and nothing
else. Mr.. LexOw was as emphatic as
Mr.. Beattie regarding the position of
Splitter. and added that his client would
be called 10 the stand as a witness
He has been az witnes twice" Mr..
should not be again"
CHARGES CONTINUOUS FRAUD.
Splitter was on the stand in the former
trials. He sat next to Mr. Cochrane
yesterday. and at his right was Thomas
Kehoe. one Of the accused checkers
Back of Splitter sat Mr. Bendernagel.
and in front Edward A Boyle. another
former checker. At Boyles right was
John r. COyle, also a former checker.
anc at Mr.. Bendernagel's side was Pat
rick ]. Hennessey. another former
checker.
There were two periods I'm the prog
ress of the case yesterday when the
Judge, accused men. jury and spectators
were especially stirred with interest
The first was when Winfred Il. Denni-
son. who is assisting Henry l.. Stimson.
the special prosecutor for the govern
n,ont. in his opening address to the
jury said:
We expect to prove beyond a doubt
that since the date Of the imposition of
duty on sugar and up TO the raid on
the docks. on November 20 1907. the
Havemeyer & Elder refinery. later the
American Sugar Refining Company. has
defrauded the United States govern
ment of a portion Of the duty charged"
The second time was when Andrew J.
Mallon. employed by the sugar company
from 1887 until 1907. testified that while
he was on duty I'm the cashiers office he
saw Mr.. Bendernagel pay money 10 men
ir the uniform of inspectors i'm the
United States customs service.
There were times when the spectators
were moved 10 laughter. but i'm the main,
with these two exceptions. there was the
ordinary close attention usual At i'm
portant trials. Richard Parr acting
deputy collector. who discovered the
use of the steel wire i'm the scales
strolled in late in the afternoon. he will
be one OF the witnesses, and il WAS
learned yesterday that James r. Vail had
been subppnaed. lie was deputy col
hector until week or so ago. when he
WAS separated" from the service The
government. IT was said. would call
about one hundred witnesses.
SKIRMISH OVER JURY.
IL was battle over the pink books
before Mailon was called and after two
,,.i,nesses Ia the routine emr,Ioved IA.