Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1909-12-18
All Trust Employees Ex'
cept BendernageI Are
Convicted.
MERCY RECOMM MENDED
Heavy Fines or Terms of I'm
priSonment May Be I'm
posed Under the Law.

new OrR, Dec lb.-O11Ver Sp1U&
ger, Williamsburg dock superintend-
ent, and four checkers convicted last
night of conspiracy to defraud the.
government by underweighing sugar,
were released today under bail until
Jan. s, when they will present argu-
ments for a new trial.
Disagree ON One Case.
New York, Dec. 18-The trial OF
James F. Bendernagel, Oliver Splitter,
and four checkers, Coyle, Boyle. Kehoe
and Hennessey, sugar trust employees,
charged with defrauding the customs.
which has been in progress three
weeks before Judge Martin in the
circuit court, terminated tonight when
the jury returned a verdict of guilty
against all the defendants except Ben
dernagel. On his case they could not
agree.
Twelve men entered the fury box
shortly before midnight, ten hours af-
ter they left their places TO deliberate.
The foreman returned the verdict and
added that the defendants found guilty
were recommended to the mercy of the
court.
United Stataes District Attorney
Stimson moved that the indictment Of
Bendemagel be severed from that OF
the others. George NJ. MacKellar OF
counsel for the defendants expressed
the intention of moving for a new trial.
Four Years OF $4,000 Fine.
The maximum penalty for the three
counts on which the defendants were
indicted is four years imprisonment or
$500 fine or both. The defendants
were not locked up last night. Bender
nagel was released on the same bond
on which he was arraigned on this In
dictment. The other defendants were.
freed on that furnished for the three
indictments last May, on which they
were not tried. II is $1,000 in the case
of Splitter and $500 for each of the
checkers.
The trial closed with the final ad-
dress to the jury by Henry L. Stimson
on behalf of the government, which
preceded a short charge by Judge Mar
tin.
May 60 Higher.
1T is not proper for me TO express
an opinion now in this case" said Mr..
Stimson. "as to whether or not there
are any other persons higher up who
are guilty. and I do not do so. but c
is proper. in view of what has been
said by counsel for the other side. %
say that if there are any such coin
eide fully with their views as 10 the
relative degree OF moral guilt. and
that ! regard II fully as much my duty
to take all necessary steps TO bring
them TO punishment"
More Prosecutions Probable.
This statement of the counsel for
the government is taken as an intima-
tion that the federal grand jury has
more work on hand before the govern
ment viii relinquish its inquiry into
things saccharine.
The indictment and secret arraign-
ment of Ernest w Gerbracht former
OF the Havemeyers and
Elder refinery. on Wednesday before
Commissioner Hitchcock at his Office
in William street, instead Of before a
commissioner in the federal building
as usually is done. has set nervous
rumors afoat as to what will happen
next and. II so, where.
The name OF the Arbuckles Is circu-
lating freely in the dusky corridors.
II has been said that certain OF the les /.
ser employees of the sugar trusts rival
already have been indicted There IS
nothing to confirm this. Mr. Stimson
gave out statement as an explana-
tion OF his stand taken in the Ger
bracht case when. on Wednesday, he
was asked If that Official had been ar
rested. His response was a fat de-
Admits Indictment.
Today, however he admitted that
Gerbracht was indicted a week ago
and arraigned secretly on request Oh
counsel for the defendants. Benderna-
gel, Spitzer, and the others. This re-
quest was made. according to Mr..
Stimson. because IL was feared the
p,,blfc announcement of the new arreet
xouid prejudice the interest of the de-
in the trial iust concluded