The citizen. [volume] (Berea, Ky.) 1899-1958, 1909-12-23
WEIGHERS ON
THE SUGAR DOCKS
Found Guilty Of Conspiracy To Do
fraud--Jury Disagreed as To
the Leader.

New fork-The jury found guilty
FIVE Of the six employees OF the Amer
lean Sugar Refining Co., who have
been on trial for the past three weeks,
charged with criminal conspiracy to
defraud the government of customs
dues on imported raw sugar.
In the case OF James F. Bendernagel,
former cashier of the company's
Williamsburg plant, the jury dis
agreed
Mercy is recommended for all those
found guilty.
The jury was out ten hours. Under
the indictment, Oliver Splitter, dock
superintendent; John r. Coyle, Thos.
Kehoe, Edward A. Boyle and Patrick
J. Hennessey, checkers, may be pun
ished for the commission of two overt
acts, the maximum penalty for each
OF which Is two years Imprisonment
and $4,000 fine.
The failure TO Convict Cashier
Bendernagel is regarded by the gov
eminent as b distinct disappoint-
ment
The effort OF the prosecution has been
to trace the customs frauds already
admitted, to a higher source, and Ben
dernagel, though not an executive Of
ficer Of the company, was an employe
who came in contract with those who
shaped the company's affairs in their
larger aspects.
Special emphasis was laid by Mr..
Stimson in his summing up for the
prosecution and such of the evidence
as tended to show culpability upon the
part of Bendernagel. II regard IL as
my duty" said MIR. Stimson, ito bring
TO justice these persons higher up who
knew OF and profited by these sugar
frauds.
IF the attorneys who demanded the
acquittal OF these defendants, because
men Of equal or greater guilt are not
yet presented. were under retainer to
those men higher up, they could not
have made a stronger argument to
save them from punishment
"lf these defendants are not guilty,
then no one in the American Sugar
Refining Co. is guilty, and no one in
the customs service is guilty"
AS other indictments are pending
against the convicl ed five on which
they are yet to be led, it was agreed
by the government that they be pa
rolled in custody of counsel, with leave
to renew bail when argument for a
new trial Is heard, at a date to be
fixed.
aI hrs uf4fh
the other defendants when the verdict
was announced. said that he was graft
fled at the finding of the jury, but is
sued no detailed statement.
Mr.. Stimson, in view Of the verdict,
moved that the indictment against the
former cashier be severed from that
OF the other defendants. and to this
the court agreed.
Bendernagel put in a strong defense
by the introduction of the testimony
of prominent character witnesses.
The foregoing verdict brings to
close the governments first step In
criminal procedure following the vast
underweighing frauds disclosed in the
docks of the American Sugar Refining
Co.
Civil suits brought restitution Of
$4,000 as payment for duties evaded,
while 100000 was voluntarily re-
turned.
With this as an admission of guilt,
the government proceeded to build up
its criminal case, which is far from
complete.
Men higher up" are now talked of.
while subsequent investigation has In
volved the Arbuckle Brothers, rivals
OF the so-called trust, as well as the
National Refining Co.