New-York tribune., 1909-12-11
SPITZER EXPLAINS
DIDN'T SEE FRAUD.
Too Busy to Watch Workings
of Sugar Scales.


Company on trial before Judge James l..
Martin, was the first witness for the de-
fence yesterday. For twenty-five years he
Was superintendent OF the Hsvemeyer a.
Elder docks in WILLIAMSBURG. II was there
that the sugar short-weight frauds were
committed. There Richard Parr made the
raid in November. 1907. which resulted in
the discovery OF ';he steel spring used TO
manipulate the scales.
when the court opened Judge Martin.
without comment denied the motion of
counsel for the defence. made the day he
fore. TO have the indictments dismissed.
Then Henry y. Cochrane addressed the
jury. !, was a powerful plea for the ao-
cused men.
Splitter. who is stout. bald. seif-contsined.
VAS sent 20 the stand as soon as Mr.. Coch
rsne had concluded. The witnesses testi-
monv WAS a denial OF all criminalty or
knowledge Of crime the docks. OF the
conversation related by Psrr in which the
latter Was asked IS q Mason 10 conceal
his discovery snd was offered reward.
Splitter said that there was no attempt TO
bribs.
II there is anything wrong here, The
witness swore he said 10 Parr. 'it viii put
me In an awful iN. You are q Mason.
You can tell me"
That, Splitter said. was the sum and sub
stance of the talk after the raid was made.
TOO SMART TO BE CAUGHT"
The testimony OF John H. Thompson In
oharee Of the import contracts at the COM
pany's Offices. No. III Wall street. was
fatly contradicted. Mr.. Thompson was on
the stand Tuesday His evidence was
that he had noticed the discrepancy in the
weights and had called 10 see Splitter a.
his home about II, and there had told him
- he on the slert, that somebody was set
ting a trap for him. TO which Splitter was
said 10 have answered:
Il am too smart 20 BE- caught in any
thing like that. I'm not selling my brains
even 70 II. o. Havemeyer."
Under careful examination by Mr..
Cochrane. Splitter said that he had seen
AFR. Thompson at his 0he witnesss)
Issrage. but that the foregoing converse
zion did not take place then or at any
other time.
OF the charge OF attempted bribery told
OF on the stand Thursday by Thomas n.
lIy stt, customs weigher. Splitter said that
u was not true. He was summoned TO
the Custom House by the surveyor. who
told him that Hyatt had reported that an
attempt had been made 20 hribe him. IL
was all a Joke. the witness said.
Splitter was led through the mazes of
the early days on the docks. He had
often seen the pink books which contained
the weights OF cargoes. That was all he
knew about them. He was too busy at
tending 10 the unloading OF the ships to
zee what Was going on al the scales.
Whatever changes had been made in the
latter he believed were due to government
orders. The witness said. however that
be had seen heavy hogsheads dumped on
s1,F
their mechanism unreliable. Then he
came down 10 Mr.. Hyatts story.
OFFERED FREE OFFICE RENT.
OF the conversation he said. Mr. Hy-
at came TO me and introduced himself.
bic asked me II there was anything We
wanted done. I said I did not know what
he meant. lie repeated his statement. I
said. We'll. n you want TO. YOU can get
Tho rent Of the building for your office
This Was said In a Joking manner. 4
short time before that ] had told Surveyor
Croft that we would give him an Office for
his samplers and weighers"
Splitter denied that he had ever tried TO
have a government employe removed. lie
knew Richard Whalley. who had signalled
Parr on the day Of the raid. Regarding
this. he said that Parr showed a knowledge
OF where the spring was when he went at
once 10 the scale house and reached for
tho contrivance. The witness had never
seen the spring before. he said. lie spoke
warmly OF James i. Bendcrnagel, one of
thc defendants.
Henry l.. Stimson the special prosecutor
for tho government, cross-examined Splitter.
especially about the higher wages paid ts
the checkers engaged on the government
scales. The lower wage marked on the en-
Nelopes he said was due 70 a wish 10 avoid
complaint from men who were not getting
a. much. About tho holes in which the
steel spring was inserted he said that
after the raid he saw them in five of the
scales, but had never seen them before.
WHY SCALES WORK BETTER.
An attempt was made by the witness TO
explain the greater weight shown in govern
mont cargoes since the raid. lie said that
rhe scales were now never cleaned, and that
fhe trucks. supposed 10 weigh only two hun
dred pounds weighed from two 20 seven
pounds more. owing 20 the adhesion OF
waste sugar. He was still under cross-ex-
animation when tho court adjourned until
Monday morning.
Mr. Cochrsne an his address 10 the Jury
said that the defence viii attempt 10
show that the difference in the showing in
government weights since the raid is due
- ErfdNtt fdffs mat tie ely WeiEherS,
employees 90 the sellers Of sugar aim 20
make as good a showing as possible on
scales that arc unreliable. that witnesses
will be called 20 testify 20 Mr. Benderna-
GELS irreproachable character. and that an
attempt viii Dc made 10 discredit Mr. Parr
while the trial was i'm progress the grand
jury heard other witnesses in the continued
government investigation OF the case. II
was said that there might he other indict-
nsents.
Judge Noyes in tho United States Cir
cult Court. postponed Yesterday for an
other week the hearing TO make permanent
tho injunction obtained by George Gordon
Rattle and H. SnOwden Marshall in their
cffort 70 collect counsel fees from George
H. Earle. tr- receiver for the Pennsylvania
Sugar Refining Company. The former
were counsel in the $4,000 coo suit agains,
the American Sugar Refining Company. and
beGsn suit 20 prevent the removal from this
state of the $4,000 and securities sur
rendered in settlement of the litigation until
the fees were paid