New-York tribune., 1909-11-22
SUGAR DEMURRERS
COURT ACTION TO-DAY
If Not Upheld Change of
Fenue H'W Be asked.

What may he called a preliminary skir-
mish in the trial Of the seven former en-
pioyes ~ the American Sugar Refining
Company on charges ot conspiracy 10 de-
fraud the government will take place to-
day before Judge Hough. in The federal
building. George ". Mackellar. counsel for
Oliver Spitzer. who was superintendent OF
the Havemevsr & Elder docks IN Williams
burg. will demur 70 the Indictment Of his
client, and Henry F. Cochrane vii do -he
same for the other accused men. Thomas
Kehoe. Patrick J. Hennessy. John r Coyle,
Edward 4. Boyle and Jean NJ voleks-.
They were checkers on the docks
II was said last night that James 2 Ben
dernagel. former general manager and
cashier. would be represented by other
counsel. who would also denur 20 the in
dictrsnr OF BendernaEel II the denurrsrs
are not upheld there VIII be an attempt or
al The counsel 70 get = change Of venue. On
the ground that the public has been pr-tu-
diced BY the recent publications in the
newspapers OF accounts OF the case Judge
Hough has said that he would not enter
tain motion for a further posrponement Of
The trial. as he preferred that Judge James
L Martin. who viii Try ths case. should
PASS upon r.
When denurrers 70 the indictments ot
last spring were fled they were not enter
tanned and Henry L Stiunson. special
counsel for the government said last week
that the reasons advanced then we're the
same that viii be put forward today. With
this out Of the vay. the preparation for III.
trial. which Is down 70 begin next Monday,
viii Be pushed II was said yesterday that
the government had its case v4I IN hand
Richard Parr, Who. as special agent got
the evidence upon which ths governments
collected the. 3 13s.oo0 last spring viii be
the principal witness for the United states
Ephraim Japha who was the government
wsigher in charge Of the scales In when
the first steel wire was found viii be a
material witness When Parr moved his
hand down the post of the scale and il
came In contact with the wire, he called
Japha 70 feel 10 and 70 stand guard while
he. Parr. telephoned for Thomas n. Hyatt
in charge Of the weighing district for the
government Hyatt took the wire out
Richard Whalley. a special employe at
the time for the Treasury Department will
be called also 10 attempt TO establish a
charge OF collision. He had been an en-
Dloye Of the sugar company and gave in
formation regarding the use Of other de-
vices LOT cOHlIOinE Ihe weight on the
scales. Whauev is still a special empIoye
II was said yesterday
Collector Loeb. who went 20 Washington
on Saturday, viii not return Until to-mOr-
row. and may remain over until Wednes-
day Il was reported that he might bring
hack with him a new list OF men 20 ne
separated from the customs service. and
then again he may not. But IL was made
clear that the dismissal OF employees had
not been ended. although as large "a number
as At first slated 10 go might not be drop
ped. owing 20 lack OF evidence OF laxity
~ the performance of duty.
The policy OF retrenchment by the sugar
mpany at the Williamsburg plant has
been continued Many Of the minor en-
plOyes We're dropped Saturday. and IL
was said that the end had not yet come.
Dr. Samuel c. Hooker. he new general
r-ans ger and director Of the company.
is reorganizing the forces in the refneries
and OF the docks.