The sun., 1909-11-17
NOT GUILTY, SAY SUGAR PAWNs.
Trust Lawyer Appears for Five. Another
Lawyer for Spitzer.

James F. Bendernagel. the former
manager OF the Williamsburg plant OF
the sugar trust, and Ave other employees
Of the concern pie AIDED not guilty yester-
day before Judge Hough in the Criminal
Branch OF the United States Circuit
Court to the indictments charging con-
spiracy to defraud the Government
and effecting entries Of sugar under
false weights The men arraigned with
Bendernagsl are Oliver Splitter, Thomas
Jehoe. John c. Coyle. Edward A. Boyle
and Patrick Hennesey. Jean NJ voelker
a seventh defendant to the same charges,
is III at the French Hospital and did not
appear
Henry F. Cochran. a sugar trust lawyer,
appeared for all the defendants except
Splitter. who was represented in court
by George NJ. Maokellsr.
All the defendants reserved the right
to demur to the indictment or make such
motions as they might sec at within
a week. Bail was continued in each
case. and Bendernagel. who had depos-
tied 5000 cash bail. was allowed to fur
nish real estate security.
Cochran complained to the court that
although he had understood that his
clients were to 60 to trial on one indict-
ment. involving the shipment OF sugar
on the steamship Eva from Java on
August ~. 1907. he was now informed
that other shipments had been brought
into the charges through a new indictment
found on November 4. He said that he
would need additional time to prepare
the defence. He also declared that
the present state Of the public mind
l.. Nhat Rat II hs
sibls, and he asked that the cases be put
over until public feeling had subsided
Special United States Attorney Slim
son replied that the new indictment diff
fered from the old only In the addition
Of Bendernagel's name, and that since
counsel for the defence must be familiar
with the first indictment there was no
reason to postpone the cases. He added
that he had succeeded in getting Judge
Martin OF Vermont to sit here and that
he would move for trial before him on
November 70. Judge Hough said that
Judge Martin would not be able to sit
until November 30, and that the matter
could be discussed at that time.
Mr.. Mackellar also had q complaint
to make. He said that Mr.. Stimson
had promised that the conspiracy charges
would be dropped and that the case
would go to trial on the charges OF aid
ing and abetting the entry OF raw sugar
at less than the true weight and ma king
returns to the Custom House
Mr.. Stimson replied that whom he had
elected to try the cases on the false weights
charge Bendernagel had not been brought
into the case and that the arrest and In
dictment OF Bendernagel had changed
the entire complexion OF the matter.
Mr.. Sitmson told the court that since
the choice had been made overt acts
had been committed which made il nee
essary to 20 to trial on the new indict-
ment This indictment he again insisted
did not differ materially from the old
one.
Judge Hough decided that any contro-
versy over these matters would have
to come up before Judge Martin. Judge
Hough will sit NEXT Monday to hear
any new pleas by the defendants.
Mr.. Cochrans remarks about the
infiamed state Of the public mind on
matters concerning sugar gave rise
to a report that a change Of venue may
be asked for. II such a move Is contem-
plated IL may come mp next Monday
but II is more probable that II will be
LETT for the consideration q Judge Martin.