Evening journal., 1910-02-10
SUGAR TRUST
MAN ON TRIAL TRIAL
Heike Faces Court on Charge
Of Defrauding the Govern
ment
CLAIMS THAT HE WAS
GIVEN IMMUNITY BATH
BY United Press Leased special wire.

BY United Press Leased Special Wire.
NEW YORK. Feb 1O.--A field Of
court ondeavor Is likely 10 be opened
as the result of a trial begun in tho
criminal branch OF the United States
Circuit Court today. For the first time
in the history OF the Federal courts.
a man indeed for conspiracy 70 de-
fraud the government was placed on
trial before a jury on a plea at bar
i'm which he set up that he had been
given an immunity bath by being COM
PEELED 10 testify before a grand jury.
The evidence thus obtained he alleged
i'm his plea. was used against him and
his indictment followed.
This Is the government evidence. II
asserts that the evidence the accused
gave was used In a case under the
anti trust law; that the defendant did
not testify against himself and II the
jury finds that the government con-
tontion Is true and that immunity was
not granted the government will az
once move the imposition of sentence
the same as though a criminal convir-
ton had been obtained holding that
the claim OF immunity was in law a
confession Of guilt
The case on trial Is that OF Charles
r. Heike, secretary and treasurer Of
| the American Sugar Refining Co. of
New York and secretary OF the Amer
lean Sugar Refining Company OF New
Jersey tho latter popularity known as
the sugar trust. Heike is accused OF
conspiracy TO defraud the government
In that he secured the entering OF false
weights on sugar cargoes imported
into the United states.
lie was indicted late in January.
Previous to his being indicted, he was
called before the Federal grand jury
and compelled 10 testify in correction
with tho matter of the Pennsylvania
Sugar Refining Co. accused OF vio-
latng the Sherman antitrust law. He
was compelled to bring before the
grand jury all Of the books and papers
OF his company and was examined at
great length regarding them.
Through his attorneys John 3
Stanchheld and George Scott Graham
the later considered the bess crimina
lawyer IN Pennsylvania, Heike will tr.
to prove TO the jury that the evidenc'
: ne gave ia the Pennsylvania Sugai
Company's case was used against hin
z ~ tho government 70 socurc llis in
| dictment ON the pending charge.
Court Room Crowded.
When the trial was begun befori
Judge Martin of Vermont today th'
court room was jammed with attor.
neys all interested in the novel poin
that has been raised. In taking his
seat on the bench Judge Martin ex-
I planned that all OF the contentious
raised in the case were novel and he
made IL plain that great care will have
TO bo taken IN disposing Of the ques-
tions that will arise during the trial in
order that the rights OF both sides
: will DO safeguarded.
When stanchheld was asked what
action he would take in moving 20
have his client discharged on the I'M
munity charge, whether he would ask
the court TO do so. or whether he would
reserve the question for discussion be-
fore the jury. he declared he had no
idea. that the points raised we're en-
tierly new and that he would let the
/ trial proceed and decide on what action
TO take as the points at Issue devel-
= oped.
Most Of today's session was devoted
to getting a jury 10 try the case. The
: government Is represented by Special
Deputy Attorney Generals Henry l.
Stimson and Wilfred Denison.