New-York tribune., 1910-01-09
PRISON: NOT FINE
FATE OF SUGAR MEN.
.Tudge's Announcement If Ne7c
Trial Is Denied TO-mOrrOT.

In rrivate chambers Yesterday Judge
lanes L Martin. OF the United States CIR
c1;ir Court heard a delegation of neighbors
Of Oliver Splitter. one of the convicted ror-
n1er employees Of the American Sugar ke-
A-tng Company. plead for leniency. Later
in court counsel for all five men down TOT
sentence argued for new trial which the
government prosecutors opposed Judge
Martin viii give his decision tomorrow and
Il against a new trial he VIII impose prison
sentences only He extended bail for the
men and gave permission for Spltzer 10
have q minor operation performed At once.
Snirzer's bail bond viii be renewed untli
the February term Of court, when II is oe-
reved he will be well enough 70 oe ar
raigned. II a new trial should be refused
snd he should remain Obdurate so 1ar as
8 confession Is concerned Judge Nd III
said that ne would not sentence a man
about 10 go under the knife 10 Jhlrly uaSS
IN jal and hence refused TO take any dC-
ton in Spitzer's case until after recovery
from the operation
Al the private hearing Judge Martin said
that he would suspend sentence II 0Pi'7e'
would confess. Colonel Alexander s. Bacon
led the neighbors Of the convicted man.
but one by one they urged the judge to
make the St1I1LEIlCC A>-te- N--N-
the. had pleaded with him 10 confess. but
that he was STRANGELY unwilling 10 do SO
This man & the victim of system.
ma Of the neighbors said. He is the soul
~ a-ood nature and kindness, and no doubt
,5i6 what he was told 70 DO, without
,ror,rl1- Of frs c-lrninality. There should
be so7,,e commission shown under the cir
cumstances.
.rTv compassion Is extended to all of
+,,ssa men Judge Martin said, but my
commission cannot overrule ny judgment.
cave so much tine between the convlc-
4ion and the present so that they might
disclose the persons responsible for the
crimes against the government, and SEN
rence would have been suspended # one or
more had come forward. but none has
done so.
Henry L Sumson. special prosecutor for
the government II charge OF the sugar
cases came in while the pleading was
gong on and heard the remark about the
system. He declared that the convicted
men were parts Of the system, system
which constituted a grave national peril
When uha neighbors. eleven in all. He'd out
they did not look hopeful
IN the courtroom Splitter was nani1estly
distressed. and Judge Martin, seeing this,
MN DeTTlllSSlDT Lo 20 llllb llit GOi IL
5ors where he was joined by some OF his
friends. who renewed their pleas with him
n tell al he knew about the conspiracy
or the Ha-emeyer & Elder Docks. Il is
expected that Splitter viii De operated on
Immediately. and that he VIII have re-
covered III about TWO weeks.
The other convicted men, Thomas hehoe,
Iohu r. Coyle, Edward A Boyle and Pat
rick J. HeInessey, saJ next their counsel
while -he court heard The arguments for
new trial Henry F. Cochrane, George VI.
Nackellar and Clarence Lexow spoke II
.la- order. Judge Martin made II clear in
fh4 BEGINNING that # he overrIled the mo-
ttor ne would impose heavy sentences and
mo fnes. The extreme penalty viii he four
years
Lack Of jurisdiction, failure 10 prove a
conspiracy and immunity because Of ap-
pearance before grand jury were the
pleas for q new trial The court took
copi0Js notes. and after Mr.. StiusOn and
his assistants. Wlnlred T. Denisou and
r-eltz Frankfu-ter, mad opposed the mo-
-lor set $50 o'clock tomorrow morning
IS The time when ne would make his de
cision known.