New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-05-29
.HE|KE'S CASE TO Be LAST
Lawyers of Gerbracht and Ben
dernageI to Open First.
EXPECT MORE INDICTMENTS
New Ones, However, Likely To
Be Held Back Until After
Pending Trial.

One new Indictment in the sugar fraud
case is expected this week as consequence
of the later confession of Oliver Splitter
There may be others which the government
counsel will carefully guard from publicity
until after the trial of Charles r. Heike,
secretary of the American Sugar Refining
Company, and the two former employees of
the company still in the list Of defendants,
Ernest Gerbracht and James +. Bender
nagel
The prosecution may not spring another
card in its favor as powerful In its effect
on the Jury as the confession of the former
dock superintendent. and the resultant
pleas Of guilty made by the defendants
most nearly concerned in his revelations
It will all depend upon the course pur-
sued by the defence and the strength OF
its case Counsel for Heike, Gerbracht and
Bendernagel will open on Tuesday morning
unless the prosecution has decided in the
mean time that its case needs strengthen
ing by more evidence on certain lines
It has been arranged that Henry +.
Cochrane, counsel for Bendernagel, shall
make the beginning for the defence He
will finish with his witnesses. and the
prosecution with the cross-examination, be-
fore George Mackellar will open for Ger
with this branch of the defence before
George Graham will open for Heike. Mr..
Graham is associated with John B. Stanch-
field in the defence of Heike. He was
District Attorney in Philadelphia for years.
and it was said had been chosen to aid Mr..
Stanchfield by James NJ. Beck, the general
counsel fer the sugar company.
All in the regular course of business
II was said. will be the defence put up
against the letters and technical state
,nents showing knowledge of the customs
weights of the cargoes on the docks of the
Hayemeyer & Elder refinery at Williams
burg. Carelessness on the part of the gov
eminent weighers, upon which mach en-
phasis was laid at the last trial, will figure
again in the contention of the defence
There will be a stiff denial, with testimony.
of any guilty knowledge of the frauds on
the part of Heike.
Much will depend upon Judge Martin
There will be objection by the prosecution,
as there was by the defence. to much OF
the testimony to be introduced The de-
fence had little success in the efforts to
exclude testimony. If the prosecution mas
the same non-success, it was said yester-
day. the atmosphere of guilt created by the
confession of Splitter may, to some extent,
be dissipated.
Winfred T Denison, assisting Henry L.
Stimson the special prosecutor in the
case went to Washington late Friday. He
will be back IN time for the trial Tuesday.
He will visit the Department of Justice
and may return primed with new ammunl-
ton for the prosecution. Mr.. Stlmson
will be at his summer home on Long ISL
and until Tuesday morning studying the
case as far as it has progressed.
There was persistent denial yesterday
that there would be indictments of as
much importance as was that of Heike,
but it was acknowledged that the Splitter
confession made after his sensational ap-
pearance in court had opened up q new
vista of inquiry from which important
proceedings might be expected.