The sun., 1910-05-24
.SPRETR, FREE, GONFESSES
PRESIDENT TAFT SURPRISES
DEFENCE IN SUGAR TRIAL.

-tmplleates OtheTs Directly, bot the
Main once Only Indirectly -nF1e-
EinHki Il Arrested on Hls Etbdence.
A pardon from the President Of ths
United States was put into the hand Of
Oliver spitssr in the Federal Building
Yesterday and the next minute he was
lestifying for the prosecution in the sugar
undeTweighing trials and oonfessing 70
systematic underweiEhing by the suEsr
trust for many years.
For all the defence knew. until be ap-
peared. Splitter was IN prison in Atlanta
under conviction for the frauds com
mitted at the HAvemeyers a Elder dook.
But President Taft signed his pardon On
May 10. the day following = confession
Splitter had made to Special Prosecutor
Stimson. The pardon was kept a secret
until the very moment that splitter was
called.
A a witness Splitter described In do
tail tho weighing frauds and gave evil
dence apparently connecting 0erbracht.
the general superintendent. and Bender
nagel. the cashier. who are among the
present defendants. He did not directly
implioate Heike. secretary Of the company.
with whom. he said. he had only a slight
acquaintance. Heiks being in the Wal
street Office all the time. After testifying
at the trial he went before the Grand
Jury. and the indictment and arrest ol
James o. BrnsEnski. once a secret SER
vice man, employed in the Sugar Gases.
followed. Mr. spitzer went home 10 Fiat
bush to his wife and children. which he
had not been allowed to do before
Had the ceiling Of the Circuit Court
room fallen upon them the surprise Of the
iive lawyers representing the defendants
could hardly have been greater than is
wus at the opening Of the session yester-
day when Prosecutor StimsOn suddenly
called out the name % Splitter and they
saw walk into tho court room behind the
towering form of Chief Flynn OF the
secret service the man supposed 10 be
in the big Federal prison at Atlanta TAX
ing his medicine Their surprise was
even greater when he pulled from his
pocket In response 10 their objection 10
a cOnvict's testimony. a pardon from the
President. George MacKellar and Car
snce LexOw. counsel for Gerbracht and
BendeTnagel. had been Spitger's lawyers
'ue-his triat They found me man Wn6M
they had defended suddenly facing them
again on the stand. eager 10 contradict
his former testimony. Having heen his
lawyers, furthermore. they were unable
10 crOss-examine him. though his testi-
mony bore directly on their clients in tho
present case To give them time to Ret
another lawyer 20 do this Spitzefs cross
examination was postponed
One Of the things that sp:tzer testified
20 was that from the time that they were
Ostenaibly suspended. following the dia-
covery Of the frauds. right up until they
were sent 70 jail. the sugar trust paid the
wages Of himself and the checkers con-
vioted with him. the money being brought
70 him by Oerbracht az Spitger's house and
splitter distributing IL 10 the others. The
payments stopped when Splitter started
for Atlanta and the others for Blackwell'a
Island. aud Il h recalled that when Spit-
Der started for the penitentiary he re-
marked bitterly that the company had
made a soapegoat Of him after twenty
nine years Of faithful service -hsoauae
somebody had to 20 10 prison 10 save
those higher up
From the moment be- went 20 Atlanta
On two year sentence his relatives have
been trying to get him Out From time
him In iail. but il was not until Chief Flynn
made a visit 20 the prison ten days ago
hat splitter said he was ready 20 malrs
lean breast Of IL He told Flynn that
10 was willing to make this confession %
.ither Mr. Stimson or 20 his assistant.
y infred T Denison Flynn quickly wired
he information 10 Mr. Stimson. and thon
he wheels were set revolving Whereby
,pityer was TO make his confession with
,ut a whisper Of II reaching the defence
md 90 appear dramatically In court a. be-
I'D yesterday with the Presidents pardon
n his hands
The first step in this waa % secure the
,risOner's transfer from Atlanta 10 q point
learer 20 this city. This was arraneod
" Attorney General WiokerahAm and
at Tuesday Spitser was brought north
" the secret service men and taken %
he EaseK county penitentiary a. cald-
sell. n. J. He wa a Federal prisoner
till. but the Government frequently
cards lie prisoners at county jaila.
On Wednesday. While the present trial
ras in progress. Mr.. StimaOn. with ono
{ his assistants. Fslix Franhfursar. Jour
eyed out TO the Caldwell Jail in an auto
lobile. They spent nearly al day win
pltzsr. Il Was given out thar atinaon
ad been called suddenly 10 Huntington.
,. l.. thai day.
Having secured from SpitseP ths con
aasion which they had sought for many
iOnahs their step was 10 secure q pardon
! order 90 allow him 10 testify. Thh
'as necessary because under the Fadsrnl
w a prisoner convicted and serving
untenos Tor what h known e. q orimen
llsi cannot be called a. q Witneus.
through Attorney General WickaFmham
n. stimson conveyed the facts regard
lR the confession 10 the President and
n. Taft then signed the pardon. h
80 not handed over 10 HpitHer. however.
nd he remained In custody.
Yarly vputardnv morninR. bsfora fha