The Sentinel=record., 1909-10-27
kISSEL AND HARMED
 ARE INDICTED AMONG THOSE INDICTED FOR CRIMINAL CONSPIRACY LIN
 DER ANTITRUST LAW. Defense Was That They Could Not Be Tried After Three Years of Act
 Court overruled This.
Defense Was That They Could Not Be

l New York, Oct 2e--Gustav E. Kis- sel and Thomas B. Harmed, who were among those indicted along with the American Sugar Refining Company for criminal conspiracy under the federal antitrust laws, will escape under the provisions of the statute of limita. tions, according to an opinion handed down today by Justice Holt of the
 United States circuit court.
 The opinion is far reaching one one, according to the government at terneys and if upheld. is likely to be a serious set back to the government in many cases. brought under the law prohibiting conspiracy in restraint of | trade
 The indictments were brought in connection with the closing of the Pennsylvania Sugar Refining Com. pany's independent plant in 1903. Kis- sel and Harmed pleaded that the plant was closed down and the entire trans actions for which they were indicted
 were completed before January 1. 1903. Therefore they said the indict- nlent filed more than five years later was barred under the statute of linn itations. which sets limit of three years for the prosecution of crimes not capital"
 The government attorneys, on the other hand. pleaded that the crime l charged against Ktssel and Harmed, was continuous offense" and that as long as the conspiracy continued and the plant of the Pennsylvania company remained closed through the action of the American Sugar Rein. ing Company the three year period Uf the statute of limitations should rot begin to run.
 Justice Holtis opinion, oyerruling the contentious of the government at. torneys. is in part as follows: Statutes of limitations are bene. fiicial statutes. The interests of the community and justice to persons charged with crimes require that of. fenses be promptly prosecuted. Stat. utes of limitations should be given plain and sensible construction, based on substantial and refined reasoning. Tn egovernment has waited before bringing this prosecution. for five and a half years after the alleged offense was committed and in my opinion the etatute of limitations is a bar to this indictment.
 The law uf conspiracy has been the subject of a great deal of refined discussion and the authorities on the subject are quite conflicting. Some hold a conspiracy to be an offense complete when entered in, upon which the statute of limitations immediately begins to run Others hold it to be 6 continuing offense from which it is srgued that the statute of limitations never begins to run against a con. sp'facy until 1t has been abandoned and whatever result has been accom-. glished by 1t annulled
 The governments counsel claims that the defendants, having once en. tered rrcn the conspirscy and closed the refinery of the Pennsylvania com. .pany, continued to be engaged in the conspiracy every day so png as the refinery was closed. It would follow that the only way in which the stat ute of limitations could be started running would be to rescind the vote to close the refinery. have the direct ors friendly to the Amer ican Sugar Refinery resign and deliver back to the original holders the stock taken as collateral.
 In conclusion Justice Holt declares that the demurrer by the government attorneys to the pleas of Kissel and Harned is overruled and judgment d'smissing the indictment as to said defendants may be entered" It was pointed out here tonight that this same argument would apparently apply with equal force to the indict- ments against the other defendants and that similar action would prob ably he taken shortly in their behalf The indictment returned in this case was of the blanket variety. which would seem tc indicate that any ae- ton which applied to the cases of Kissel and Harmed would be equally applicable to the others.
 in the same indictment the following. todays decision there were included in the same indictment the following:
 'The American Sugar Refining Com. T,ny, Washington B. Thomas. presi. dent: Arthur Bonner. treasurer and John E Psrsons, George H. Frazier, Jf.hn Mayer and Charles II senff. sec. retaries; Harmed and Kissel, however. were the ones who hled demurers.