New-York tribune., 1909-12-16
SUGARTRIALE ENDING
TO SUM UP TO-DAY.
Defence Seeks to Clear Bender
nagel by United Effort.

Counsel for the prosecution and the de-
fence in the trial of the six former en-
ployes o, the American Sugar Refining
Company on charge OF conspiracy TO de-
fraud the government out OF customs du-
ties viii address the jury to-day in the
United States Circuit Court. Criminal
Pranch. and II they finish in time the case
will go TO the twelve men before the
court adiourns for the day
There was a gathering together OF the
flag ends of the case yesterday, which was
marked by a united EFFORT on the part Of
the counsel for the defence to clear James
+. Bsndernagel. former cashier OF the
Havemeyer & Elder plant in Williamsburg.
one OF the accused men. Mr.. Bendernagel
was put on the stand when court opened.
He was under cross-examinatiOn by Henry
L. Stimson special prosecutor for the gov
ernment
Mr.. BendeFnagel said that he was never
consulted about the wages OF the former
checkers who are on trial with him. Oil
yer Splitter. former dock superintendent,
one Of the defendants. went to Ernest Ger
bracht. then Superintendent OF the plant
and orders came from Mr Gerbracht He
had TO take instructions from the latter.
the witness said. and pay out what Mr.
Gerbracht ordered.
DO you mean to say that II Mr.. Ger
bracht ordered you to make payments
which We're wrong that you had 10 do it?''
asked M. StimsOn.
I do not see what else I could do" an
swered Mr.. Bendernagei. IT was subject
10 his instructions in paying out money
and would have 10 make such payments
as he ordered"
braeht could give orders to his. the cash
ier's. men without consulting him. That
was brought out in the effort to tx the re-
sponsibility for the marking OF the wage
envelopes with egures lower than the con-
tents.
The witness had said the day before that
he did not remember a conversation with
John H. Thompson. in charge OF the i'm
port contracts at the main Office OF the
company. No. 1T Wall street, regarding
the differences in government and city
weighers' weights after March OF this
year. Mr.. Thompson was recalled in re-
buttal
Mr.. Thompson at first declared that no
such conversation took place. Then Win
fred T. Denison. assisting Mr.. StimsOn in
the case, showed him a transcript OF tes-
tiInony concerning the matter. The witness
then said:
II telephoned TO Mr. Bendernagel and
told him that the weights which had sgreesl
through the first three months OF the year
had begun TO differ again. He said the
weights were all right"
Then c. NJ Beattie the witness's coun-
sci. had him repeat that he had reported
the differences through a period OF five or
six years. Mr.. Thompson was then asked
about his superiOrs and II was expected
that something was coming. but the wit
ness said that Mr.. Sweeney. who had tes-
titled early in the trial. was his superior
and that he did not know who was above
him Clarence LexoE. counsel for Splitter
asked sharply:
You know Mr.. Heikeg'
Yes; he is the secretary OF the com
pany."
Did You see the president of the com
pany before you came here 10 TESTIFY
The witness was checked by the govern
ment counsel and nothing further cam'
from the attempt 90 reach higher up.
Richard Whaney was recalled to tel
again Of the conversation with John r
COyle, former checker. one OF the defend
ants. in q saloon after the raid which re
suited in the discovery Of the fraud Coyl,
mad denied that he had said that Thomas
Kehoe. another defendant. who had beer
il the scale house at the time Of the seizure
had been caught with the goods on anC
that he would not mind II IL had been am
one else. but that keh0e would 'squeal,
and they would ali have TO go up IN,
river"
Whalley declared that his recollection o
the conversation was accurate. The cOun
sci for the defence asked him whether n,
was not drunk az the time and had takeI
a dog from a girl Whalley denied this
He said he had picked the dog up IN Wal
street and had taken it 70 the Custom
House.
SpitZer was recalled il the interest Of
BendernageL He said that when he wanted
TO have the wages OF employees raised h,
put the request in writing and sent II L
Mr.. Gerbracht Mr.. Bendernagel wa:
never consulted about it. Other character
witnesses were called. among them Charles
A. Schieren. former Mayor OF Brooklyn. for
Mr.. BendeFnagel The defence also called
several scale experts. Attempts 70 have
the charges against the men dismissed
failed. and the case went over until to-day