New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-12-03
SUGAR FRAUDTRIAL
SCALES IN COURT.
Uifness Shoes Hoe Springs
Beat Government.


OF witnesses. showed that persons at one
time almost indispensable IN the case had
disappeared. In connection with this
Richard Parr. acting Deputy Collector.
who. as a special employe OF the Treasury
Department. discovered the frauds on the
havemeyer Elder dock. said after the
court adjourned yesterday:
We were able 20 get the records of
weights by the government weighers ana
Checkers and the city weighers checkers
but not by the city veishers The
employees OF the latter have disap-
peared. and the books Of the same persons
We could not ind. But we got the returns
they made TO the sellers. which made the
records On the city docks complete. This
meant securing around by agents Of the
government that covered good deal OF
territory"
The hearing yesterday went over the
whole case, from the weighing Of the sugar.
the sweeping OF the scales. reports To the
cashier. James 4. Bendernaeel. who is one
OF the defendants. 20 the handling of the
records by the wan street ONCE Of the
sugar company, and the stanchion exhibits
showing where the steel spring used 10
influence the weight adversely 10 the gov
eminent WAS operated. and a sketch of a
scale
WALL STREET BROUGHT IN.
William II. Teare. now employed in the
sugar dock Office, and who was there when
Oliver Splitter, defendant. superin
tenoent. was examined. He told OF send
ing his records 10 Wall street and was
Intercepted sharply by Henry r. Coch-
rane counsel for the former checkers and
OF counsel for the sugar company in the
trial last spring. who asked SO suddenly
that the witness started:
You were told OF this Only?"
Yes" came the answer. as quickly ms
the question. and there was no more men
ton OF Wall street until the government
called the cashier OF the company there. a
clerk, and the head q, the Office at No. III
Wall street. Teare said that ne verified the
reports Of the checkers sith his initial. and
Ninfned 7. Denison. OF counsel for the
government, showed comparative entries
with devia'ions against the government OF
5000 pounds in one instance and Of 1900
I'm another.
w. Edward Foster. cashier At the Wall
street Office. Identified BendernageTs ini-
usls on the returns OF city weighers sent
a Manhattan. He said that the bills
were paid on verinoation at the refinery.
and that this verihcation almost invariably
came from Mr.. Bendernagel. Foster iden-
tified files Of invoices and was proceeding
when Mr.. COchrane. G n Beatiie counsel
for Bendernagel. and Clarence Lexow. OF
counsel for Splitter made united objections
Judge Martin turned sharply and said To
Mr.. Denison:
In view OF these objections the court
Will permit YOU 10 ask leading questions AT
ITS discretion"
APOLOGETIC DIRECTIONS.
Counsel for the defence looked crestfsll-
en-. Subsequent objections We're made
apologeticaly. Mr.. Lexow said once:
Il most deferentially object" which
caused laughter
MIR. LeXOW. in cross-examining Foster
asked him whether il was not a fact that
bis knowledge OF the system OF conducting
The companys business was confined ex-
clusively 10 Manhattan. which brought an
affirmative anscwer; and AR. Beat:ie got
him 10 say that he knew that BendernageI
had nothing 10 do with the weighing OF
the cargoes. and that Bende-nageTs reports
10 the main Office were based on the re-
ports he got from the weigheTs and check
ers.
A. this time Mr.. Lexow said that he
might move 10 strike out all evidence re-
latins 10 Wall Street. but the courts ruling
against the possibility OF the motion
checked IL. Mr.. Denison explained that the
evidence was confined 10 the operations Of
Bendernagei and Splitter and that il was
all 50 far part OF a web being woven 20
prove the government case.
There have been three days consumed in
this preparation" Mr.. Lexow said. "and
by the time the government has connected
We win have forgotten many of the things
We should have lad excluded"
We'll" said Judge Martin. You have
men near you who viii refresh your mem
DRY"
FIGHT AGAINST RECORDS.
Books by the score, documents in grea-
bundles and weigh masters returns inquired
m the case yesterday. and the admission of
any and each OF these as evidence was bit
terry fought. Blanket objections were
taken by the court 10 save time and when
the prosecution tried TO get the cornrara-
i've tables In. and envelope boxes fun o,
the pink book records Of weights Judge
Martin postponed his decision untl the mat.
ter could be argued before him al o'clock.
when the jury would be dismissed
The same course was pursued when
lhomas -. Hyatt Nss asked az TO a con-
NeFsatlon with Splitter when Hyatt wen,
10 the sugar company's docks as a goyern-
ment weigher in 1857. Hyatt was a cu,-
toms weigher in charge OF the Brooklyn
district, when Parr made the discovery OF 1
The steel spring, ana is In charge Of a d.
vision now. Hyatt was called In az IN.
time, and told OF IL on the witness stand
lie also identited the spring which was
ar exhibit yesterday. and when pieces Of l
the scales. showing the hole in which tn.
spring was used. were shown 10 him ne /
identified them also.
last spring Hyatt was permitted 10 tell /
about the conversation with Splitter IN
Was that the latter had said rent paid by /
the government for quarters for its en- 4
ployes on the docks. si25 a month, vas a
customs perquisite Of weighers Before
Hyatt was called a scale builder. Conrad |
Holler told OF 'aking out one of the
stanchions on exhibition. Herman Groth.
a carpenter employed by the sugar COM
psny on the docks identified pieces Of the
Sanction that he had cut out. and two
employees Of the company in Wall street
Otto SCHNEIDER. a clerk. and Dexter NJ
Sweeney. tie Office head-told of the bin
paying routine.
HOW SPRING WAS Used
Hyatt had made a sketch OF the scale
and showed on this how the steel spring
wac used Judge Martin left the bench 20
see the exhibition. The jurors craned their
nccks 20 see. and an the counsel excepfing I
cochrane were interested. The accused men
paid not the least attention TO IL.
AIR. Hyatt Was put through a searching
cross animation bV all three counsel for