The Barre daily times. (Barre, Vt.) 1897-1959, 1909-11-30

WILL NOT GRANT MOTION
NO Serious Inflammation of the Public,
Bendernaqel's Plea 10 Quash the
Indietmeut Was Re-
fused.

UeldN, WAltN was slattSN ~ AA'N eAtfNM
states circuit court, erimna branch,
Yesterday morning, when the seven men
feharetd with sugar weighing frauds On
ih9 docks 81 the American sugar Rein
ing company at Williamsburg were called
lor trial resulted ii d victory fof the
prosecution The indictments charged
the seven defendants with conspiracy to
defaud the government, and they are to
be tried before United states Circuit
Judge James J. Martin Of Vermont. who
has been called into this jurisdiction
for the purpose OF this trial The gov
eminent Is represented BY former United
States District Attorney Henry L. Slim
SON ana hia assistant sW 4 Dcnnisnn,
who have been specially retained for the
sugar trust prosecutions
The defendants are James r. Bender.
nagel. the former superintendent Of the
sugar trusts big Williamsburg plant;
oliver splitter, former dock superiutend-
emit al the Williamsburg plant; and
Thomas Kehoe, Jean NJ. Noelker, Pat
rick j. Hennessy, John R. Coyle and
Richard a. Boyle former assistant
weighers ii the customs service. Yoslk
er Is now confined in the French hos
pital BY illness and his counsel made 4
plea Is have his trial separated from
the Others. Mr. Stimson asked that the
ordinary legal proof demanded iii such
eases Be submitted.
Much interest centers IN these eases,
for the reason that Bepdenagel who
held his $4,000 job at tho Williams
burg rehnerN Of the sugar trust until
the day before his Indictment a few
weeks ago. il the largest fish 70 BE-
caught in the governments net thus far,
30 far as criminal prosecutions are con-.
cerned. growing out of the sugar weigh
ing frauds Tho other men who now
come IN for trial were all subordiHates,
although Splitter and the 1--WE former
assistant weighers all constituted sort
Of little weighing trust on the Will.
Harrisburg docks and were commonly re-
ferred 70 as the big six
Some Of these men, Il is known. have
talked rather freely to the governments
investigators and there have been many
reports that this testimony involved men
higher up even than Bendernagel in the
former organization 81 the sugar trust
Mr.. Stimsou. however and bis assistants
have given no intimation thus far as
To the possibility Of confessions from
any II the defendants who are row 30.
ing to trial. and this uncertainty has
contributed largely t0 the interest with
which tha public IS watching the prog
ress Of the case
Clarence X Iexow, counsel fnr Splitter
on behalf 81 himself and Henry NJ Coeh-
rane, who IS representing the other de-
PENDANTS. entered Meas Of mot guilty.
/ IN All the cases. with leave 30 interpdse
motion to quash the Indictments
should he decide to make such motion
IA subsequent time.
Then the Jurors drawn for the trial
and the witnesses being excused Mr.
T.ex0w began sin argument for delay.
asking that the court postpone the trials
I until later date on account Of what
he termed the present infamed state
Of the public mind which ii bis opinion
would prevent mstiee being done 10 the
/ defendants This argument was still
| in progress when the noon recess was
taken
Mr.. Lexow. in celebrating his conten.
ton on the state AZ public opinion On
1.-THE subject Of the sugar trust trials,
EiLfl-fM Aitf EUANANHtEul "a MdNtH& fyH-
| Quoted camnaivn az education through
tie columns Of The Outlook against the
attendants Each time the Indictments
against these defendants were announced
for trial the gnilt Of the defendants
was pre-aunouneed IN haring headlines
and III editorial We have here three
seraphooks containing extracts
"W1il the court Be compelled to read
lall Of these2g asked Judge Mnrtin.
No said MIR. Lexow. "a more
| bird's-eye view Of them viii suffice
Henry II Stimson. The governments
special council came hacl hard at his
antagonist in The matter Of the publicity
campaign
~ wish to saw said Mr.. stimson,
"that when the trial against the em-
lplover Of these defendants. the American
Sugar Refining company. To recover
penalty. took place last February there
was no public claimer After 4 months
trial. few readers Of the public press
knew even the result. and many in-
quiries we're made at the district attoF-
nPy's Office I take full responsibility
Tor having turned over 10 The Outlook
the official records Of that trial 50 that
they could base thereon an article set.
ting forth the essential facts. Since that
time. when these trials are coming up.
] have deprecated too much publicity
and told the gentlemen Of the press that
clamor might make difficult the trial
Of the defendants In any case. the
animus Of the press was not against
these defendants. but against their EN-
ployers. the man higher up as ii is
commonly called
Judge Martin was not particularly
impressed with the argument based on
the supposed inflamed tate Of the public
mind Unless II be shown he said
that a systematic effort has been made
to reach the jury I cannot see that the
elamorsof the press has anything To do
with this matter The press arguments,
as I understand them, were directed
against government officials and rightly
So. Rather chan against The defendants
in the employ Of the American Sugar
Refining company"
This disposed of the proposition to
postpone and thereafter George ". Mac
kellar, who Is in the case as counsel for
Bendernagel, moved to quash TIE indict
ment on account Of certain technicalities
in its language His argument was sub.
stantiaily the same as that which Judge
Iongh dismissed last week Judge Mar.
tin. when the court readiourned after
the noontime recess, denied the motion
TO quash the indictment and ordered that
the trial proceed.