New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-02-07
WISE IN A HURRY
TO END HEIKE TRIAL.
Ifdnts Status of Sugar Man S
Immunitu Plea Settled.

When the counsel for the government in
the sugar cases was discussing with Judge
Martin in the Criminal Branch OF the
United States Circuit Court on saturday
regarding the time that Charles r Heike's
immunity plea should go TO trial United
States Attorney Henry A Wise objected TO
DELAY because one of his assistants, James
r. Knapp would have 70 be present
witness. Mr. Wise said:
One of my assistants has been sum
moned in this case, and trust that II will
be heard as soon as possible. He must 90
10 Colorado almost at once on matter Of
great Importance 4 case OF greater moment
than this
Mr.. Knapp made the journey TO Panama
in the Panama Canal libel case. He is
conducting the new investigation OF the
sugar companies, and was present when
Mr. Heike. who is secretary Of the holding
{ company. the American Sugar Refining
Company OF New Jersey. and the New York
company's secretary and treasurer, was be
fore the federal grand jury. one of the
basic reasons why Mr- Heike'S counsel,
John 3. StanchfeId. made the plea for i'm
munlty 10 the indictment charsing COM
plicity III the frauds
The novelty OF the legal situation
o
Stanchfeld. counsel for Mr.. Heike. 10 free
the latter from the Indictment charging
conspiracy TO defraud the government out
Of customs duties has caused wide
spread delving among law books TO dis
cover a precedent. Mr.. Stanchfeld entered
plea OF immunity on the ground that Mr..
Heike had given evidence before grand
juries that covered the same ground
the charges in the indictment It was this
that Nj Wise was in haste to have deter
mined.
There vas but one precedent-that in
the Beef Trust case-when. because Of
conversations between one of the indicted
men and Nr. Garfield. the Indictment was
dismissed before the jury had heard the
case But the counsel for the government
IN that case did not dig as deeply into the
statutes as did Henry L. Stirson. the spe-
ciai prosecutor for the government, and
his assistant. Felix Frankfurter
When the government counsel received
NJ. Heike's plea on January q. in which
he set UP that he should have immunity
because he had appeared in June before
the grand jury which indicted the directors
OF the company, ard in the later special
investigation in December and again last
month, Of which The Tribune contained
the exclusive report. there was grave
doubt as 70 the answer that should be
made On THURSDAY Of last week Mr.. Slim
son fled What is called at law 4 replica
tior-in plain English. a reply, and as
used BIZ Shakespeare. 4 rebound or q re
veTberation- The latter definition fitted
the case hest. for sucn II proved to Nj
Sranchfeld-
M Stinson denied that Nj. Heike test
FED O. produced any documentary. evidence
things with which he was charged in the
iadictnent-namely. violations of the Gus
toms lavs-and denied that by virtue Of
anything ser out in his pleading he received
Immunity This raised z square issue OF
fact between the government and Mr..
I7eIke, and was followed By z demand that
the issue Of fact be submitted 70 jury
CALLS PLEA \ CONFESSION.
The greater bioE was administered when
Nj Stinson declared that + the jury
should find that Mr. Heike had not re
cefved immunity he would move for the
jr770osition Of sentence. On the ground that
2 rIes Of immunity IN effect was confes-
sion Of guilt hut that an amnesty from
prosecution and conviction had been given
r,v Congress n the Sherman act: that if
! The f,1rv should ind no such amnesty had
/ in fact beer given. then the implied con
fessiorl Of guilt should stand and sentence
should be imposed
M Srauchf1eld denied that that Vas the
correct -lez = the situation. declaring
| that If the Jury should decide against him
/ the right 70 enter new plea OF not guilty
! 70 the indictment remained
Judge Martin upheld the government,
/ saving that in his opinion there was no
/ right 70 plead over IN case the issue of
/ Immunity which Nj Heflze had raised
/ should be decided against him, and that Il
| vas against proper respect for the solem-
! ritv o. the law 70 have Jury trial on this
/ issue and then have another jury trial on
! the Indictment The court said that the
common law. as well as an Interpretation
( OF the law in Massa chuseJts by Justice
/ GRAY. vas clearly 70 the effect that # the
defendant rendered an issue OF fact and
went 70 the jury on il he would have -
abide by the jUry's finding on that fact
+ The efforts Of Nj StanchfieId 70 get MI
/ Stirnson TO waive the issue Of fact were not
/ successful The government counsel said
on Saturday that he would deny any plea
! THAT might be set up which would throw
/ the matter into q iury-s hands Mr.. Stanch-
field said, IN defending his plea NJ i'm
r7,1ri--- that the minutes Of the CompanE
for eighteen years had been obtained hv
the grand furv IN the recent investigation.
and that other documents, including checks
! Identified by NJ. Heike - bearing his sig
) nature. had been submitted ana were still
( n the grand t,lry-s possession.
L vas A game Of Legal chess The
( moves were sharply quick and the check.
( mate came a. d surprise as great as any
II the game that may not have been an
rjcipated. The trial will be on Thursday,
unless Mr.. Stanchfeld retreats and files
= plea of not guilty