Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-05-25

New York. May 2t.-AIthough the
governments star witness. Oliver Spit
ger. the former dock master, who walk
Ell out of the Atlanta penitentidry
where he had been sent after boSSing
for years the sugar weighing frauds on
the Williamsburg docks, had a most
interesting story to tell yesterday, 1t
is not mainly on his evidence that the
government relies in its effort to con-
Wet Charles Il. Fieike. the American
Sugar Refining cos. secretary, of a
part in the conspiracy fraud. Splitter.
indeed hardly throw d single new ray
of light IN tho trial that is claimed to
lay in the direction of IIeike'S offices
from the scene of the frauds on the
docks {iis testimony rather had tn do
with James +. Btudernagel. the rein
cry cashier, and Ernest +. Gerbrac ht,
the Superintendent. botn of whom are
on trial with Iieile. together with three
other former employees OF the company.
The government it is believed. has not
yet shown it's full hand against Heikc
Little of the evidence has pointed direct
" the way of the trust secretary. AZ
the highest up" man so far prosecuted.
however the government is thought not
likely to forget any point that might bear
against him.
AS Richard Whalley took the stand to
testify for the government at the open
ing of the session today the president Of
the American Sugar Refining Co. Wash
ington B. Thomas. and one of the trust S
directors, DR.. Samuel u Hooker of Phil
adelphia. sat behind Heike and listened
to Whalley's testimony,
Whalley is a special treasury agent
who was with the other investigators,
Parr and Brzezinski. when the famous
raid of the sugar docks was made in
1907 and the fraudulent weighing devices
were discovered
Whalley was on tho stand only a few
minutes and was not cross-examined. He
was employed for time by the Sugar
Co and under Spitzer'S decision, he said.
used to tamper with the scales by roll
ing the ball" as he called it. He gave
room, twisting the cylindrical weight to
the left of the beam to decrease the
weight recorded. He said he never saw
the steel spring until the time of the
governments raid.
James r. Kerrigan and VIM ]. Null
hearn, clerks in Bendernagels office. ad-
mitted that they had never received in
structions to compare the government
weighers' weights with those of the city
weighers. The last was alleged to be the
actual weights on which the Sugar Co
paid for its purchases and the govern
ment figures the ones registered by the
fraudulent scales and on which the duty
was based Kerrigan said he sent the
government and city weghers returns to
the Wall street offices of the trust
The governments contention that the
CITY weighers weights We're employed
in the commercial calculations of the
trust and those of the government
weighers made use of only for the pay
ment of duties, was backed UP by John
A. THOMPSON. for the last So years a
bookkeeper in the company's wan
Street office. The witness said. TOO,
that despite the fact that he govern
ment weighers returns We're slowed
away only Is feet from him. he never
in all the wears he worked in the ONCE
compared the two sets of weights.
Thompson said that whenever ne
was in doubt as to the correctness OF
the city weighers returns or learned
there was a difference of per cent VI
more in the weights. he would caii no
Bendernagel. Late in November, l9o''
there was considerable falling OH IN
these differences and he talked with
Rendernagel about it over the tele-
phone.
Il told him there was no loss OF
weight in the past three months ana
he said it was because the government
agents were on the dock"
Thompson on cross examination SAID
the late H. o. Havemyer. the president
of the company, first instructed him to