New-York tribune., 1910-01-11
SUGAR MEN LOSE
NEW TRI4L DENIED.
D ear Sentence for -Four inner
ican Com pdny Employes.

instead OF going TO church said Ju6ys
James L. Martin. in the Criminal Branch
OF the United Sta tes Circuit Court yesre--
Gay as the four convicted former EN-
p''yes OF the American Sugar Refining
company were aTraigned before him Il
examined these briefs IN the application for
a new trial" Without further preliu7irary
ne OVerruled the notion and after a shor-
talk sentenced Thomas Kehoe. Edward A.
BOYLE. John r Coyle and Patrick ]. Hem
nessey 70 ono year each on BlackweIIs
Island
The men took the sentence wytbos,- 80
exhibition or any emotion. An effort 20 OBJ
tain stay pending an appeal 10 the United
States Circuit Court OF Apnesls ~az. a.
MED and the prisoners we're taken szaw
The bail OF Oliver Spitzsr. former doc<
SUI erintendent- Who was convicted with t,s
oineFS out who had 10 have an operation
performed. was renewed. and n well eroriz,
ne VIII be arraigned for sentence On Fsb-
ruary L In Imposing sentence on Covfa
Boyle Kehoe and HenRessey. Judge Mar
tin said
During the trial was impressed by. tas
fact that these defendants. hired man
working for wages and through const-a,nt
ooeyins orders, did not fully conprehsnd
the magnitude of their offence ~ r,rh
mantle OF charity about them. and IN a
very marked degree they would -recsivs
official leniency
They do not take this position: they ar,
before. the court practically challenging the
verdict Of the Jury. They deny guilt. a1a
thus deny that they violated the law BE-
cause they were told TO or hired to do
what they did in the execution OF this
conspiracy 10 defraud: or. in other words.
the position they now take Is thar rhas
they did OF evil was through their ora
desire 10 sin
Il have hoped that these men OF toll
might appeal TO the court for mercy Under
some expression OF repentance. tina. .hs
court could feel that the majesty OF chs
law had been well enough vindicated by 4
light sentence or by a suspension OF SEN
tence- I have hoped in vain.
The present attitude OF these DEFENDANTS
forces me, against my desir. TO be r1e-cf-
ful. 70 sentence them as evil-doers from,
evil motives; not because they decline 70
furnish evidence against others but be-
cause they assume and stand N a fsiSa
position They still challenge the truth
Ihe court said that he did this. an a
greater sentence would mean transcorts-
ton TO Atlanta, away from the relatives oe
the prisoners, while sentence OF one ysar
"ould mean confinement IN the county,
prison on BlackwelTs Island
The court and the counsel for the gov.
ernment were clearly disappointed becauz,
hone OF the convicted men had confessed.
In the preliminary proceedings, when coun-
sci for the prisoners asked for light ser-
tence, Clarence LexOw protested agains.
the efforts that had been made TO get th,
men to make a clean breast OF the Who'll,
affair, and Henry L StImsou for rba yc,-
eminent. said If was only natural that NJ.
Lexow should object. as he was the coun-
sci for the men higher up, who would b,
most affected by a confession. The apeesf
may be taken to-day
Before the Board OF Appraisers YESTERDAY
IompkinS McIlvaine. counsel for the Amer
lean Sugar Refining Company exarninat
more witnesses in the protest case against
tne government In which the Company al
leges that the weights OF the custom.
WeiSnerS nave So been excessive and that
tnere should De drawback Ar the next
hearing the government will present 80
answer and will call witnesses