New-York tribune., 1909-12-10
AIM AT HIGHER. MEN
GRAND JURY HEARS
SUGAR WITNESSES.
Trial of Sir Former EN-
pIoyes of Company
Continues.


yesterday on charges of conspiracy to
defraud the government out of customs
duties. the federal grand jury for the
December term was hearing a witness in
the expectation of getting evidence that
might implicate a person or persons
higher UP.
IT was learned that before the October
grand jury adjourned IL heard James O.
Brzezinski. at one time a government
special agent He had been assigned in
the autumn of 1907 to assist Richard
Parr in unearthing the frauds practised
on the docks of the Havemeyer e
Elder refinery in Williamsburg. Brzez-
inski was a voluntary witness. and it
was expected that he would substantiate
what Parr had testified to on several
occasions.
When Oliver Splitter, former dock
superintendent in Williamsburg, one of
the defendants in the case before Judge
Martin. was UP for trial on a charge of
bribery I'm Brooklyn, in the spring of
1905 the mainstay of the prosecution
was an affidavit signed by Brzezinski.
But the latter denied that he knew what
nt " dS SlShll1S WITCH llS put iAiS iiNiAhO -
the paper, and Splitter was acquitted.
John H Thompson. for years in
charge of the import contracts for the
American Sugar Refining Company, was
before the grand jury yesterday. He
was before the October grand jury. and
was a witness in the trial on Tuesday.
when he gave testimony regarding the
payment of bills on the signature or
James F. Bendernagel, a defendant
Thomson was expected to give further
evidence OF value to the grand jury, and
il was rumored that there would be an
other Indictment or indictments in the
case before long.
MOTIONS TO ACQUIT UP.
Judge Martin will give his decision
this morning on motions by the counsel
for the defence TO dismiss the indict-
ments on the grounds OF lack OF juris-
diction and that no agreement had been
shown 10 substantiate the charges or
conspiracy The court intimated pretty
strongly that he would deny the mo-
tions. Early in the case yesterday Judge
Martin granted an extension of time for
SIX NtrhS- inns " as oN@tsNN - -
any action that may be taken by coun-
sci after the jury has returned its YER
aict. 1t was said that this would De
early next week. probably. and might
be before the end Of this week.
Howard 3. Sands confidential clerk
10 Justice Bischof, was witness again.
He gave evidence early in the trial OF
the methods OF taking care OF reports
received while he was a clerk in the
office OF Mr. Bendernagel in Williams
burg. Another clerk had testified that
Mr.. BendernageI had paid money to Gus
toms officials, and yesterday Sands said
the same thing while on the stand
In addition to Sands the government
had two other unwilling witnesses. They
were Henry H. Falkenstein. for ten
years. up 10 May. 1905. Spitzer's clerk
on the docks, and a nephew OF the latter,
and Harvey E4 Miller. for twenty-seven
wears an cmpIoye of the Fairbanks Scale
Company.
Falkenstein told OF the method of as
signment of the sugar company's check
ers among the big six" of whom four
are on trial. John r. Coyle. Edward A.
Povle. Thomas Kehoe ard Patrick J.
Hennessey. He said that the latter were
ALWAYS assigned to check the weights
of cargoes upon which the government
was TO collect duties although the rule
was TO assign the checkers according 10
their freedom from duty
Miller was the first Fairbanks employe
che Government has been able 10 get
a
I,.rr,ont 10 testify. He said that the
transmission beam on the scales on the
Havemeyer & Elder docks had peeh
changed.
DIDN'T GET HIS ENVELOPE
-rhoras d. Hyatt, customs weigher.
,-as recalled TO the stand, and the prose-
cution got in his testimony regarding
,.,,, he said he had had with Splitter In
,so7 when appointed to the district
u,bare the sugar company's docks are
situated He said that the district was
numbered g. that the duties were as
sessad on the weights of the sugar taken
on the docks and paid at the Custom
pouse. first I'm the old building in Wall
street and later at the present building,
a. Rowling Green. Then he told the
storv Of his meeting with Splitter.
..Mr. Splitter approached me-. Mr..
Hyatt said. land asked me to go TO the
oa,ce and be introduced to Mr.. Bender
,ageI refused 10 go. Then I asked
hin, what the rent OF the new office
would be. II was being prepared for the
Government weighers. He said: Never
mind that. We always pay that TO the
,vAiebers. and more than that He
added. We never do business with tho
assistant weighers. AT the end OF the
month call on Mr.. Bendernagel and he
VIII hand you an envelope. All you will
have 10 do. is to go in and shake hands
with him I declined again. saying that
nreferred they should wait a couple
NJ months 10 see how they liked my ad-
ministration.
Later / was introduced 10 Mr.. Ben
dernsgel. but / never heard more about
the payment"
GOVERNMENT RESTS CASE.
The government rested its case soon
after midday, and after the recess the
,urv was dismissed until this morning
and counsel for the defence. Henry F.
Cochrane, Clarence Lexow and c. NJ.
Beattie, argued at length for a dismissal
OF the Indictment. Mr.. Lexow said the
case could be tried here only IL the