New-York tribune., 1910-06-09
CLASHES At SUGAR TRIAL
General Loss of Temper De-
veIops as Case NearS End.
MAY KNOW FATE TONIGHT
Big Progress Made in Summing
Up Before Adjournment
Yesterday.

-SAO@ ~~NAS
Yesterday.
In the attempts Of counsel in The sugar
fraud trial yesterday TO bolster their prose-
cution ard defence before the summing up
there was a general loss Of temper and the
fury began 20 look troubled IL became
clear that the case would not be finished
and would 30 over until to-day. and the
tension. so marked the day before. was at
the breaking point Judge Martin, who is
presiding with marked urbantty. managed
10 smooth matters out, and the scrappy
period was terminated after a half hours
Duration. Then the summing up began
Before midnight tonight the three men
stin on trial-Charles R. Heike. secretary
treasurer OF the American Sugar Refining
Company OF New York and secretary OF
the holding company Of New Jersey; Er-
nest Gerbracht former superintendent OF
the Havemeyers & Elder refinery in VIII
iamsburg with a salary of $1,000 d year.
end James F. Bendernagel, the former
cashier at that place. with salary OF
$500 4 year-may know their fate.
II the three men are found guilty they
can he sentenced 70 pay a fine of 5000 and
70 go 10 prison for term Of two years on
each count in the indictment. but II has
been customary in the sugar fraud cases 10
choose one count only The government
counsel. led by the special prosecutor.
Henry l. Stimson. have been no more siren
Uous 10 convict one man than another
The defence. while rather detached because
OF the employ ment Of different counsel, has
Aeen a unit. IN the main.
Defence DenoUnoes Splitter.
Oliver Splitter. the former dock superin-
tendent. who confessed in order 10 get out
Of the Atlanta penitentiary. where he had
been sent for Two years. was cxCoriated by
the counsel for the defence in the summing
I'd The government counsel gathered the
three defendants in a bunch and denounced
them unspsrinCly II was the usual sum-
ming up method. the whole testimony being
rnarshalled 10 view according 10 the posi-
tion Of counsel.
Ninfred T Denison. Assistant United
States Attorney General opened for the
government. He was followed by Henry
F Cochrane. counsel for Bendernagel.
Clarence Igexow began summing UP for
Gerbracht. and mad not finished when court
adjourned He will continue this morning.
John 3. Stanchfeld viii present the defence
for Heike. and then Mr. Stinnson will wind
Up for the government. As Mr. Stanchheld
ana Mr. Stinson have an hour and half
each and Mr. Lexow has still an hour, the
judge should be able to charge the jury at
about o'clock
Has there been criminal knowledge?
will be the question for the jury to decide,
and Judge Martin will make the analysis
Of the evidence and the law so that the
twelve men may begin their final work un-
hampered by the technicaIities and Quib-
bles incident 10 all trials. In the case last
Y December. ~hen the jury disagreed regard
ing the guilt OF Bendernagel, It was out
from 12:45 o'clock until 1:lo at night
Gerbrac1t Back on Stand.
The trial began yesterday with the call
ing Of Gerbracht TO the stand He had
been there before, but George MacKellar.
one OF his counsel, wanted 10 straighten
out the testimony regarding the instruc-
lions his client received from the late H O.
Havemeyer regarding the polarscope tests
But the counsel went further. and Mr..
Stin1son objected. Judge Martin allowed
the following question:
Did Mr.. Havemeyer mean by telling you
70 keep the tests low 10 keep them down
20 the lowest reading Of the polariscope?''
The witness said he did. hut Mr.. Stimson
came back with this question. TO counteract
the effect OF the answer:
Did You not say the other day that Mr..
Havemeye- told you TO keep the tests lower
than the true tests2"
I did say that. but 1 did not understand
the question said Gerhracht.
The clashes came when Mr.. Denison
called Harry Waters. a deputy surveyor
who made the charts and technical state
ments for the government. 10 refute, if
possible. the testimony Of experts for the
6efence that the former were fun of errors.
Iir Stanch6eld objected. and. warming UP,
said that Mr. Denison did not know what
lie wanted TO show bv the witness.
II know what I want better than you
do was the quick retort, and Mr. Slim
son got up 10 help his assistant.
NOW. Ar. Stimson. sit down" said Mr..
Stanchfeld with a gesture suited TO the
words. I've certainly a right TO talk
now. Sit down"
Oenison, too, in CLASH.
Mr Sclrnson looked rather bewildereG.
Then ne sat down. There was a further
interchanEe Of belliRerert terms between
M Stanchfield and Mr. Denison. which
was ended by Judge Martin permitting the
testimony TO go in. M. Waters testified
that his tables and charts were based on
the company's figures. and should be cor
rect
Motions 10 dismiss the indictments were
then made by counsel for the defence and
denied promptly by the court. and the
summing up ny Mr.. Denison was soon in
IUn oratorical swing. He declared that
there was one interesting and conclusive
fact 10 start with, and that was that the
frauds. As confessed by Splitter had been
comnitted on the F5avemeyer G. Elder
docks. Holding Up a piece Of a scale
Etanchion. with hole for a steel spring
fn It. he said dramatically
1T Is incredible 20 believe that these
:hree defendants did rot know that the
frauds were being committed on the
docks" Continuing he said:
knowledge of this fraudulent weighing
yerlneated the whole structure of the Sugar
Trust. The figures We're sent to Wall street
were read by the CLERKS and the president.
and isn't IL a humanity possible condition
thar the man at the top and the man al
the bottom knew of these transactions. of