New-York tribune., 1909-12-08
WALL 81. WITNESS
TOLD TO TESTIFY.
Tells IN Sugar Trial Of Check
ing InUOices.


the Treasury Department. was giving his
testimony in the trial ~ the former en-
rlores of the American Sugar Refining
Company In the United States Circuit
Court Yesterday. he Was suddenly checked.
Henry J.. Stimsun, special prosecutor for
fhe government. was interrupted IN his ex-
animation OF the witness by his assistants'
Winfred T Denison and Felix Franktt--ter.
There was Z hurried conference. and then
Nr Stimson had q talk with Clarence
IlexoV. c. II Bezttie and Henry F. Coch-
rane. counsel for The defence
II the court please" Mr- Srmson salo'
turning To Judge Martin. 4 have just re-
oeived an important message. and II there
~ no objection 7 shall ask the witness 70
step down for the present and call John
- Thompson 10 the stand"
There was immediate objection from M.
Fsarrie. who represents James y Bender
nacsl one of the men or trial. Ar. Beat
fie saio ne had heard rumors that Mr..
Thomson was q witness pre1uoicial 70 his
client He declared ne had a right 20 have
The evidence OF Whalley heard nrst, but
Euere Martin overruled him. and the new
witness, who Is in charge OF the import
contracts n the once Of the American
company, a. No. IL Wall street, was
called
= came OUT thar the government prose
outor. had met Air. Thompson while ex-
aiming the company's books sno hao de-
cidec 70 Subpoena him He had been op-
.iurzte for q long time. He could not De
called az the civil suit last spring, but
the persistent delving OF the government
IN the affairs o. ne company nnally broke
down the opposition. M benson ny
rranlzrurrer ana AIr. Thompson met Mon
Th0rlpEon
agreed 10 testify. but not before ne had
consulted Washington 3. Thomas. the pres
sdent OF the company.
ORDERED TO TESTIFY
Mr.. Derison and Mr. Frsnkfurtsr and
another en1ploye, Otto SCHNEIDER, were
r-esent Al this conference. II was made
clear 70 the president OF the company
ahs. rhs government was determined 10
rer Al The facts IN the short weighing
frauds. sno M Thomas reiterated his dec
,arsrion that he was willing 70 give al the
sid IN his power Mr.. Thompson was told
~ the president 70 90 On the stand
The government prosecutors said yester-
6sv that no one would he shielded. ana
that there was no further sign'ncance IN
-he calling Of fhe employees from Wan
street and the Interview with Mr.. Thomas
than that progress toward The clearing I'D
q the whole affair was being made
asr. Thompson OF the stand. was taken
,r hand BY 1fr Denison. The witness said
sl.a- he had been employed ty the COM
rpuv for thirry-tve years. For twelve
-,.srs he had been m charge Of the import
contract settlements He had 70 check the
invoices and paw Cor the -aw sugar landed
81 the conpany's docks. The invoices, he
SD would te marked 20. k" or Cor
rar-" and signed y b" which he under
STOOD 10 be me signature Of James Ben
derusgel.
When TIE weight on the invoice would
nc more than . per cent in excess of the
weight al the docks ] would call NJ
p.endernagsl on the telephone he said
-se p rule the cargo would have been
-,eited and The exception was when II
fsu been half melted II The latter case
,ir Bendernagel would ask me 70 wait
srd then q shorr time later would say that
rhe cargo had been hslf melted
STORY OF wEIGHERs' RECORDS
rhere vas Objection 10 the prosecutions s
srorts 70 bring OUT 3 confirmation Of the
.tf6ence Of SCHNEIDER that tbs records
- the CITY welghers FOR certain period
hsd been DESTROYED. and SCHNEIDER was re-
caBed lie retold tlis story. and then Nj.
Tborupson went back On the stand He
said ne talks with M Bendernagel oc-
,llrred once q week or once a month for
sears.
Unde- close questioning he said that IN
Iaruzry, February snd March, 1907, the
weights on the invoices almost agreed
There was less than the per cent of-
serencs In april the discrepancies began
80 appear again Re made an appointment
20 meet Oliver Splitter, one OF The de-
eenasrrs. who was The dock superintendent
rr-rs
ness said.
I saw Air. spitzer al his home and told
him 7 wanted 10 know what was behind
he change. I said. notice. III spitzer
that n January February and March the
weights were right; now the loss in weight
ss occurring again. You've got % look OUT
Sonebooy IS setting trap for you He
said:
Il an TOO smart 70 be caught In any
thing like that In not selling my brains
even 70 Il Q. Eavsneyer-
Mr. Thomson testified that Mr. Splitter
said chst government watchers we're on
fhe docks as lshorers. Mr Besttie in his
cross-ezarrlnarion. went through The in
voices hzd the witness identify M Ben
dsrnagel's signature and called attention
~ other initials near those Of the defend
ant ar Thompson said that he paid all
invoices with ~ ben1eruaEei 8 signature
~ thar of Ernest Gebracht, The sUperin-
fendeuf a. the Williamsburg plant The
witness then told OF the conference in Nr.
Thonas's once. and also said that he had
fole Dfr Thomas % his conversation with
Enitze- in 1907 Tor The arst time yesterday
morning
The witness. when asked how long Air
Thomas had been president % the com
rary. said sinco Deoember. 1907.
DID the difference between the invoice
weight and The refinery weight continue up
- the present time" Mr. Denison asked
the witness
'No Since November 1877 rhe refinery
weights nave been the same practically as
ne invoice weights"
GOVERNMENT BIG LOSS
schmelter recalled. submitted a table.
which was put IN evidence. showing the
excess of settlement weight over the re-
fnery weight on some of the irnportarions
Prom lsM % November q. -so7 when the
rtesmship Strstheyre Was unloadsd and the
raid occurred. st lots of sugar tnat had
l-een settled Tor we're rabulsted- In these
the excess weight amounted 70 cs73.65I
l0unds the value % which. II taken al
cert q pound. was SS3s 135 o. Al the
duty. Is cents a pound. the government
losf cn these lots E.21s EsG
~ ercw -r,tse-e,a arrfrsed Fr Thor,r-