Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-05-23

NEW YORK, May g.-The trump card
in the prosecution of Charles r. Heike,
secretary of the American Sugar Refin-
ing Company, was played at the opening
Of the sugur trust underweighing con-
spiracy trial today. when Prosecutor
Stimson called as the governments first
witness Oliver Splitter. superintendent of
the Williamsburg docks, who some
months ago, was convicted of under
weighing and sentenced to two years in
the federal penitentiary at Atlanta
When Splitter took the stand John B.
Stanchfeld, for the defense. claimed that
under the federal statute Splitter, as
convicted man, could not testify.
The sensation of the trial was then
created by the declaration in court that
Splitter had been pardoned by President
Taft
Heike is on trial in the United States
circuit court with five former employees
of the American Sugar Refining Com
pany on the charge of conspiring to
defraud the government by under
Weighing cargoes of sugar imports.
witnesses have testified to the discov-
cry or fraudulent devices on the sugar
docks at Williamsburg, whereby il was
alleged employees of the so-called sugar
trust manipulated the scales SO as to
bring about underweights.
Government Lost Millions.
on evidence of Richard Parr, a gov
ernment inspector, who made a raid on
the sugar docks in November, 1907, and
others. Splitter, who was the dock su-
perintendent at the time and for some
years previous, was convicted with
four checkers employed under him of
connection with the conspiracy to per-
petrate frauds whereby the government
cheated n of Toll .rc
in sugar duties The four checkers,
Boyle, Coyle. kehoe and Hennessey,
were sent TO the BlackweIls Island
pcnitentiary for a year. Spitzer got
TWO years IN Atlanta. He protested mis-
ignorance of frauds on the docks
Men higher up were sought and Heike.
the secretary of the trust, and Ernest F.
Gerbracht of the refinery were indicted.
With them on trial now. besides four
company checkers, is James f. Bender
nagel. the refinery cashier. who was tried
with Splitter and the others. The jury
disagreed as to whether Bendernagel had
part in the conspiracy, and it was de-
cided TO retry him.
AS Splitter testified to the underweigh-
ing frauds on the docks il was developed
that President Taft granted him an un-
conditional pardon May 10 last.
Doctored the Scales.
Splitter went back TO the years 1894
and 1sa5 when he said an investigation
he made developed the fact that the
checkers were affecting the rates on raw
sugar by placing small bags of lead on
the beams of the scales, causing the
recorded weights 10 drop, below the actual
often as much forty pounds on each
draft
In addition, Splitter said, II was also the
practice TO stuff paper underneath the
floors of the scales for the same purpose.
He added that when Deputy Surveyor of
Customs Vail took office these devices
were abandoned and the use of the steel
corset spring instead was begun and con-
tinued. II was said before Spitzer got
well into his testimony that he would
make a clean breast Of the frauds alleged
to have been committed in the under
weighing of raw sugar on the Williams
burg docks.
Splitter demonstrated in court the use
of the bags of lead He walked over TO
the sample scale which is one of the gov
ernment's exhibits in the case and in
dicated on the beam the place where the
bag was suspended. The jury and the de
PENDANTS and everybody in the courtroom
followed his demonstration with the clos
est attention. Testifyins regarding the
use of the wire spring which superseded
the bag OF lead. Splitter said that two
STYLES of spring We're used. heavy one
first and then spring considerably light
er in weight.
Spitzer's testimony regarding the
notwithstanding device of the news
paper underneath the scale was ar
absolutely new development and the
jury drank in his every word. Heike
listened to Spitzer's testimony with
tense interest.
Splitter talked freely about the frauds
by which the government was robbed OF
millions of dollars He said tht
use of the steel springs was stopped
after the sugar trust had paid the re-
bate to the government as a result OF
the federal suit.