New-York tribune., 1910-05-24
'SP|TzER, PARDON IN
POCKET, IN COURT
Confession, Secretly Made, Leads
to Arrest of Former Treas
ury Man for Perjury.
HEIKE'S COUNSEL STUNNED
Answer to Cry of Incompetent
First Intimation of Presidents
Action to Any Save Happy
Federal Lawyers.

sugar fraud cases had been iaboring for
since last December came TO pass yes
terday! in the. Criminal branch OF the
Unitec States Circuit Court olive
Splitter, former dock superintendent Of
the Havemeyer & Elder refinery In
Williamsburg. convicted last Dec mbe-
and sent 20 Atlanta in February. COLI
fessed. When his competency as d wit
ness was questioned by counsel FOR the
defence he pulled Far5ion by President
Teft from his pocket 1t was dated
May 10. 1910.
Splitter, illustrating frequently on the
model scale in the courtroom, gave tes-
timcny that he had been employed by
the American Sugar Refining Company
for twenty-nine years; began as
checker. and in 1894 was proI1oted 10
superintendent of the docks; hal the
checkers use bags containing lead AMI
roll TIE ball ON the scale beam = indu-
ence the weights against the govern
NEIL.
Then came the time when the scales
were boxed. Splitter devised the steel
spriEg. bored the holes in the stanchions
of seventeen scales for irs use got extra
pay fer .he checkers VINO used the de
vice frrsa Ernest CferFracht. 70 -ner su-
perintendent of the Havemeyer & Elder
refinery: saw James F. Bendernagle.
former cashier about marking the pay
envelopes less than the amount in each;
got his salary and the wages of the
accused checkers from Nr- Cerbracht
after Indictment and uD to his cOnvic-
ton. He said further that the weights
of the raw sugar upor which duty was
paid were not used in the Wall street
offices of the company
Excepting the Payment of salary and
wages. the narains of the pay envelopes
ard the testimony about the use OF
weights. the same testimony was giver
last week by Frederick Schwerdtfeger.
former checker IF the company
Arrest Result OF Confession.
I Long after court adjourned one result
of the confession of Splitter came in the
arrest of James o. Brzezinski. d former
Treasury emplOye. who had worked un-
der the direction of Richard Parr when
the raid was made on the refinery docks
on November 20. 1907. on charge Of
perjury. After the raid Brzezinski was
not available as a witness for the gov
ernment and at the trial of Splitter IN
Brooklyn in March, 1898. on a charge Of
bribery. the Treasury employe refused
20 testify and acquittaI followed. Mr.
PARIS unsupported testimony could not
convict Brzezinski was dropped from
the service.
The call of Splitter TO the witness
stand yesterday came with stunning
suddenness of the defence The prosecu-
tion had played it's cards Well NOT an
inkling of the move had leaked out
The President pardOned Splitter last
Thursday. That was kept secret at
Washington The convicted mans de-
partu-e from the penitentiary at Atlanta
was concealed. too. His arrival at ths
Essex County penitentiary at Caldwell.
y. J., was not heralded-
"OIiver Spitzerr'
The setting in the courtroom was OF
the usual sort Counsel for the de-
fendants,s Charles r. Heike. secretary
of the American Sugar Refining Com
pany: Ernest Gerbracht. former superin-
tendent of the refinery; James F. Ben
dernagel. former cashier; Harry Walker
former assistant of Splitter. and the for
James F. HalIigan. were sitting list
IessIy.
When the name was called by the
court clerk on signal from Henry L
Stimson. special prosecutor for the gov
ernment, the opposing counsel. John 3.
Stanchfeld. George NJ. MackeIiar.
George Graham and Henry F. COch-
rane. started violently. They looked at
the court, at Mr. Stimson and then
around the courtroom. The name was
called again. Then one of the deputy
marshals hurried into the corridor and
shouted "SpitzerF' at the top of his
voice.
Splitter Different Man.
Splitter was in custody in nearby
room. and came out leisurely by the side
of William j. Flynn, head OF the SecreL
Service agents in this city. Splitter
looked serene: when sentenced. FIVE
months ago. he was i'll and detected. He
walked briskIy When he was led away
after sentence had been passed upon him
he had walked with evident pain. IL
was another Splitter who entered the
courtroom. counsel for the defence
half rising. and the spectators on tip
toe. He shook hands with Judge Mar
tin and took the oath as a witness.
There was immediate objection from
Mr.. Stanchheld. from Mr.. Mackellar.
who had been Spitzer's counsel at the
former trial. and from Mr. Cochrane.
He was incompetent" they said. Very
suaveIy. Mr. Stimsor asked the wit
ness;
VIII you please state in what way
you are qualified TO testify here?''
Yes. sir I have been pardoned by
the President OF the United States" and
with a flourish Splitter pulled the docu-
nent out Of the pocket of his coat.
There was no further objection regard
| ing his competency 20 testify The blow
had reduced the array OF legal talent on
the side Of the defence 10 helpIessness
for the nonce.
Spitzer was the master mechanician Of
the steel spring with which the check