New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-03-14
HElKE'S IMMUNITY
EXPECT CASE TO-DAY.
Decision Won't affect Trial Of
Fiuc Sugar EN- ployes.

Counsel in the criminal prosecution OF
Charles r. Heike, secretary of the Amer
lean Sugar Refining Company, and the
former employees expect a decision to-day
from the United States Supreme Court on
the writ Of error in the immunity case OF
AIR. Heike. If this is against the latter
he viii be arraigned on Wednesday be-
fore Judge Martin with the five men in
oicted on charges of conspiracy to de-
fraud the government out of customs
duties in the underweighing frauds. If
he wins, the case against the five men Will
so on anyhow
On Friday the argument in the con-
tempt proceedings will be heard. In this
Mr.. Heike also figures, The whole atti-
tude of the company in the recent grand
jury and court actions has been one of u
rigid stand for its legal rights. There
has been no disposition TO withhold any
thing 20 which the government was en-
titled, but the indiscriminate surrender
ing Of everything wanted mas been fought,
and, it was said yesterday, would ne
fought heEceforth.
Attention was directed yesterday TO what
it would mean If the company Should
have to furnish the information wanted
by the government in the new antitrust
proceedings. The extensive transactions
Of the company would be lampered. 1t IS
a $90,000,000 corporation, has paid to the
government in the last fourteen years
1892, 000,0 900 in duties, which was said to
be an index OF the extent Of the business,
and If its papers were always to be at the
service Of the government the interfe>
renee with the conduct Of its affairs would
be great.
While the company is basing its fight
against the contempt proceedings largely
on the knight decision, which declared
the acquisition of several companies TO
be legal, this dictum OF the United States
Supreme Court did not prevent q federal
grand jury indictment last summer be-
cause Of the closing OF the Pennsylvania
Sugar Refining Company. The indict-
ment, as against two Of the men included
in the blanket finding, has been set aside
because Of the three-year clause outlaw
ing prosecutions.
1t was said yesterday that the trial of
those indicted under the conspiracy clause
would take more time than the hearing
which resulted in the conviction OF the for
mer Superintendent of Docks IN Williams
burg, Oliver Splitter, and the four former
Weighers. The men to be arraigned ex-
elusive OF Heike, are Ernest Gerbracht,
former superintendent Of the Havemeyer &
Elder refinery: James L. Bendernagel, for
mer cashier: Harry W. Walker, former as
sistant superintendent Of the docks and
James +. Halligan, jr., and Jean Voelker,
former weighers.
Gerbracht Will be defended by Clarence
LeXow and George NJ. Mackellar Bender
nagel by Martin W. Littleton and the
others by Henry f Cochrane. Judge Mar
tin will conduct the trial with jury in the
Criminal Branch Of the United States Cir
cult Court. Mr.. Littleton has been re-
tanned in a cheese short weighing case, and
| is also the counsel for Senator Aids in the
proceedings at Albany. 1t was said that
he might not be able TO defend Bender
nagel. There Will be decided opposition to
postponement of the trial by the govern
ment counsel and also by Judge Martin
who has set this time aside for hearing
| the case.
While the trial of the conspiracy case is
! in progress the grand jury will be in ses-
! sion 10 hear whatever witnesses the gov
eminent may find ii necessary 10 call In
the progress of the last trial there were
/ developments that kept one of the assist
ants busy before the grand jury, and one
of the results was the Indictment of Ger
! bracht There is a possibility that the
hearings this time will result in further
charges.