The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1909-12-18
FIVE MEN GUILTY
OF SUGAR FRAUDS
Jury Recommends Mercy for En-
ployes of American Sugar Refining
Co.-Disagreement in Case.

NEW YORK, Dec. 1S.-Five OF the
Refining Co. who have been on trial
for three weeks on the charge OF Grim
inal conspiracy to defraud the govern
ment OF customs duties on imported
raw sugar. were found guilty last
night. The jury disagreed In the case
OF James +. Berdenagel. former
cashier OF the company's Williams
burg plant. Mercy is recommended
for all those found guilty.
The jury was out ten hours. Under
the indictment. Oliver Splitter. a dock
superintendent: John II. Coyle, Thos.
Kehoe. Edward A. Boyle and Patrick
j. Hennessey. checkers. may be pun
ished for the commission two overt
acts. the maximum penalty for each OF
which Is two years Imprisonment and
IS, 900 fine.
The failure TO convict Bendernagel
Ia regarded by the government as
distinct disappointment. The effort or
the prosecution has been TO trace the
customs frauds already admitted To
higher source, and Bendernagel.
though not an executive officer OF the
company. was an employe who came
in contact with those who shaped the
company's AFFAIRS I'm their larger as
pect.
Special emphasis was laid by Mr..
Stimson in his summing up for the
prosecution on such Of the evidence
as to show culpability on the part Of
Bendernagel.
Il regard 1t as my duty" said Slim
son. Ito bring to justice those persons
higher up who knew of and profited
by these sugar frauds.
IF the attorneys who yesterday de-
manded the acquittal OF these defend.
ants. because men OF equal or greater
guilt are not yet prosecuted were I'M
der retainer to these same men higher
up. they could not have made a
stronger argument to save them from
punishment"
III these defendants are not guilty,
then no one In the American Sugar
Refining company Is guilty. and no one
In the customs service Is guilty"
AS other indictments are pending
against the convicted Ave on which
they are TO be tried, It was agreed by
the government that they be paroled
in custody OF counsel, with leave 10
renew bali when argument for new
trial is heard. at a date to be fixed.
Bendernagel. who was present with
the other defendants when the yer.
dict was announced said he was graft
fed at the finding OF the jury. but he
issued no detailed statement Slim
son. in view OF the verdict, moved
that the indictment against the former
cashier be severed from that OF the
other defendants and 10 this the court
agreed.
Bendernagel put In strong defense
by the introduction OF the testimony
OF prominent character witnesses. In.
Guiding judges Of the state supreme
court. presidents OF banks and trust
companies, the controller and deputy
controller OF the city. and a number
of other well known men who all tes-
titled to the high regard in which he
was held I'm the community.
The sentencing OF the five men was
deferred today by Judge Martin in the
federal court until Jan. 2. Meanwhile
the attorneys for the men will file mo-
tions for n new trial and their briefs
in connection herewith.
The four checkers were released on
bail of 81, 800 and Oliver Spitzers bail
was increased to 100000.
Judge Martin announced in defer
ring sentence, that he would take into
consideration in sentencing the men
the recommendation of the jury for
mercy.