The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-23
SPITzER TURNS UP
Man Who Was Sent to Prison
for Sugar Frauds
Appears as Witness at the trial
of Heike.
PARDONED BY TAFT.
In Order That He May Be Com
petent to Testify.
Shows the Court Just How I'm
derweighing Was Done.
ISPARDONED BY TAFT,

New York, May 23.-The trump card
in the prosecution of Charles r. Heike,
secretary of the American Sugar Refin-
ing company. wes played at the sugar
trust underweighing conspiracy trial
today, when Prosecutor Stimson called
as the governments first witness, Oil
yer Splitter, superintendent OF the
Williamsburg docks, who some months
ago, was convicted Of underweignlng
and sentenced to two years in the fed
oral pcnitentiary at Atlanta
When Splitter took the stand John B.
stanchfield for the defense, claimed
that under the federal statute Spitzer'
as a convicted man could not TESTIFY.
The sensation of the trial was then
created by the declaration i'll court shat
Splitter had been pardoned by President
Taft.
Heike is on trial in the United States
district court with five former employees
of the American Sugar Refining COM
Uany on the charge of consp1rlng to De
fraud the government ny underweighing
cGrgoes of sugar imports.
Witnesses have testified to the dis
covery of fraudulent devices on the SUI
gar docks at Williamsburg whereby, II
was alleged employees of the soca'led
sugar trust manipulated the scales so as
to bring about underweights. on evil
Cence II Richard Parr, a government
inspector who made raid on the su-
gar docks in November, 1907 and oth-
ers Splitter, who was the dock Superin-
tendent at the time and for some years
rrevious was convicted with four
checkers employed under him of con-
nection with the conspiracy to perpe-
trate frauds whereby the government
was cheated out of millions OF doIlarS
in sugar duties.
The four checkers, Boyle, Coyle,
Kchoe and HenLessey, were sent to the
Blackwelrs Island penitentlary for a
year.
spitzer got two years in Atlanta. He
protested ignorance of frauds on the
The Man Higher Up"
Men higher up'' were sought and
Heike the Secretary of the trust. and
Ernest F. Gerbracht, the refinery
euperintendent, were indicted. With
them on trial now, besides four other
former company checkers is James +
Bendernagel, the refinery cashier Who
was tried with Spitzer and the others
The jury disagreed as to whether Ben
dernageI had a part in the conspiracy
and it was decided to retry him.
AS Splitter testified to the under
weighing frauds on the docks it was
developed that President Taft granted
him an unconditional pardon on
May 10.
and 1895. when, he said, an investiga-
ton he made developed the fact that
the checkers were affecting the
weights on raw sugar by placing small
bags of lead on the beams of the
scales, causing the recorded weights to
drop below the actual often as much
as 40 pounds on each draft.
In addition, Spitzer said it was also
the practice to stuff paper underneath
the floors of the scales for the same
10 W D0nIlfN
Surveyor of Customs Vail took office
these devices were abandoned and the
use of the steel spring was begun and
continued. 1t was said before Splitter
got we'll into his testimony that he
would make clean breast of the
frauds alleged to have been committed
in the underweighing of raw sugar or
the Williamsburg docks.
Shows How 1t Worked.
Splitter demonstrated in court the
use of the bags of lead.
He walked over to the sample scale
which is one of the governments ex-
hibits in the case, and indicated or
the beam the place where the bag was
suspended. The jury and the defend
ants and everybody in the court room
followed his demonstration with the
closest attention. Testifying regarding
the use of the wire spring which
superseded the bag of lead. Splitter
said two styles of spring were used, E
heavy one first and then spring con
siderably lighter in weight.
Spltzer's testimony regarding th'
weight lessening device of the news
papers underneath the scale was {
new development. Heike listened t.
Spitzer's testimony with tense interest
Spitzer talked freely about th'
frauds by which the government wa!
robbed of millions of dollars. He saiC
the use of the steel springs wa!
stopped after the sugar trust had paiC
the rebate to the government as a re
suit of the federal suit
did you arrange a system of sigma
lights in the scale house?" suddenl!
asked the prosecutor.
Yes sir" replied Spitzer, who thel
related that the signals were used t.
warn the weighers of any sudden dan
ger
How were the lights worked?"
by a switch in my Office" re/<et
Splitter, who said that the switch wa
turned whenever a government officia
was seen to approach.
Installed Red Lights.
Splitter said an electric light had beel
used in the scale houses for many years
but that he made a change in the sigma
system by installing red lights. In re
ply to an Interrogation of the prosecu
ton If he had ever reported the weigh
ing frauds to any one Splitter replie
ne had Informed a man named Leroy
v no worked in the Wall street Office o
the sugar trust.
Splitter told of conversations he ha
With former Cashier James F. Render
1sgel and ex-SuPerintendent Frank "
Gerbracht. two of the defendants TIL
witness said when he wanted to rails
any of the checkers wages he wa
Obliged to put the matter before Ben
Gernagel and Gerbracht. He also con
nrmed the testimony of other witnesse
mat the checkers of the governmen
Weshers were favorites over those O
the city weighers in the matter n
wages. He said every effort possibl
was made to conceal this from the 9th
er workers on fbo .lo1I- " - S-