New-York tribune., 1909-11-30
SUGAR CASE BEGINS
FORMER EMPLOYEES OF
TRUST ON TRIAL.
Counsel for the Government
Indicate Further ReUeld-
lions an Fraud.

Revelations were foreshadowed by
counsel for the government and the de-
fence in the United States Circuit Court
yesterday. where the preliminaries TO
the trial OF former employees Of the
American Sugar Refining Company We're
sharply contested before Judge James
J.. Martin.
The days proceedings closed without
a jury being chosen. and the twelve
men tentatively in the box were per-
mitted 10 go until IL o'clock this morn
ing without restraint. but with a broad
caution not TO talk about the case, not
20 read about IL and TO avoid inter
course with other men.
The case opened in the morning with
a night for pOstponement made by Clar-
ence LeNoN. counsel for Oliver Splitter.
former dock superintendent of the sugar
company. The other defendants-James
+. Bendernagel, former general manager
and cashier, and the former checkers
and weighers for the company, Thomas
Kehoe. John r.. COyle, Edward A. Boyle
and Patrick ]. Hennessey-wrreg grouped
With splitter at the end OF the counsel
table nearest the jury box. Jean NJ.
Voelker. former checker and weigher.
was too in TO appear. and his case was
separated by mutual consent.
PUBLIC MIND INFLAMED.
Mr. Lexow said there had been so
much public clamor that the public mind
was inhamed against the sugar company
and the defendants. For that reason
and because OF additions 10 the original
indictment ne moved that the trial be
postponed. Henry =. COchrane. who ap-
peared for the defendants other than
Splitter. wanted Postponement for the
same reasons, but after Henry l.. Slim
son. special counsel for the government
had shown that the indictment had been
altered little since last spring Judge
Martin overruled the motions.
Judge Martin from the start wanted
action rather than arguments. He
showed impatience on several occasions.
especially In the afternoon. when the
work OF getting a jury was under way.
Mr.. LeXow was suojecting the talesmen
10 a gruelling one by one. and then in
closing on several occasions asked them
&c remember that the government was
putting forth special efforts 10 make an
example Of the defendants, the appoint
ment OF Mr.. Stimson as special counsel
he said, being evidence Of that fact.
Mr. Stimson at last told the men in
the jury box that lac had not been re-
tained especially TO try the case because
the government was making an unusual
effort, but that he was conducting the
prosecution because he had had charge
OF the civil suits last spring as United
States Attorney and was familiar with
the case. Then Judge Martin reiterated
this sharply, 20 which Mr.. Lexow took
an exception.
IL was while trying to ill the jury box
that Mr.. StimsOn asked the talesmen
not 10 be prejudiced because the former
employees were being prosecuted only.
and said that evidence might be forth
coming which would accentuate this
seeming bias. He told them the gov
ernment was determined To go ahead
with the Investigations and whatever
further prosecutions might be necessary.
This was called out by o~e OF the tales
men saying he believed that employees
should do what their employers ordered
REVELATIONS FORESHADOWFD
Mr.. LeXow made a statement while
examining talesmen which fitted in with
the foregoing, and was said 10y one Of
the counsel present, but not taking part
I'm the case. 10 foreshadow revelations
that might lead TO a clearing up Of the
whole story of the shcrt weighing frauds.
Il want IL understood that even if
these mon underweighed sugar" Mr.
LeNow said, they made not cent out
of II themselves. Whatever profit there
was went TO the American Sugar Re
fining Company"
IL also came out, when Mr.. LexoH ac-