New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-05-17
SUGAR MEN At BAR
c. R. Heike Heads Defendants at
Trial Long Delayed.
TENTATIVE JURY CHOSEN
While Hearing Goes on Wise
VIII Resume Quest for
Others IMPLICATED.

There was a beginning yesterday in the
long deferred trial of Charles r. Heike.
secretary Of the American Sugar Refining
Company. Others who went on trial with
him were Ernest Gerbracf1t. former super
ntendent of the Havemeyer & Elder ref1n-
cry; James F Bendernagel, former cashier !;
Harry Walker, former assistant superintend-
ent of the refinery docks and Jean NJ Voel-
ker and James F. HalIigan. former check
ers all charged with conspiracy TO defraud
the government. a provisional jury 81
eighteen men was chosen. The challenges
for cause were exhausted and the per-
ennptory challenges. three for the prosecu-
ton and three for the defence. will be used
this morning
While they were busy in the Criminal
Branch of the United States Circuit Court
before Judge Martin struggling for jury.
the United States Attorney, Mr.. Wise. was
in conference with James R. Knapp, one Of
his assistants, who was sent West on a row.
ing commission in the investigation Of the
sugar business under the Sherman anti
trust act
Mr.. Knapp had returned from San Fran
cisco, where he had made an exhaustive
inquiry, aided by federal grand jury. He
had been in Denver and other beet root
sugar centres also. His return will be the
signal for the resumption Of the investi-
cation here. Thus it will be sugar before
| the grand jury and the sugar trial in court
| for several weeks to come N the Federal
Building.
Judge Martin started the sugar fraud
trial at 10 o'clock, and before any atten-
ton was paid to jury getting counsel for
the defence-JoIn B. Stanch1eld and George
C. Graham for Mr.. Heike, Lexow & Mac
kellar for Mr.. Gerbracht and Henry F.
Cochrane for the other accused rnen-made
the usual motions to dismiss the indict-
ments, but were overruled- Mr.. Stancli-
/ field wanted a separate trial for Mr.. Heiks
because. as he said he had not been near
the docks for a quarter Of a century, and
hence his case had a different bearing from
! the others But Heike will have to take
his chances with the other defendants.
! Henry L. Stirnson. as special prosecute,
| for the government, has charge Of the
prosecution. He is assisted by Felix Frank
| furter, an Assistant United States Attor-
ney, and Winfred T. Denson. an Assistant
Attorney General. Judge Martin called
| eighteen tentative Jurors to go through the
examination preliminary to the choice OF
the twelve who will try the case. There
were other men who had been called in the
panel, and as those OF the eighteen were
dropped others took their places.
| In a scrutiny of the panel it was discov-
cred that three of the men called had
served on jury last autumn in the fed
era1 courts. They were excused. According
to the rules Of the federal courts no juror
can serve more than once in two years
It was said last evening that Marshal Hen
KEEL would be called on to revise his whole
lists as result OF the discovery Of the
three talesmen in the sugar trial panel
Mr.. Stanchfeld, in examining talesmen
| laid stress On the question Of whether the
fact that Heike had pleaded immunity. a;
a constitutional right because he had testi-
fed before the federal grand jury investi
eating the American Sugar Refining Com
pany under the Sherman act. would preju