The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-05-26
Former Sugar Company En-
p|0ye duplicates Dead
Man in Testimony
TELLS WHY He WANTED
RELEASE FROM PRISON
Missing Letter Copying Books Have
Not Been Found and Government
Can Take no Steps Toward
Recovering Them

New York, May 25-oiver Splitter.
former Superintendent of the docks of
the American Sugar Refining company in
Williamsburg. Brooklyn, who recently
was pardoned from the federal peniten-
tiary by President Taft. explained today
why he did not confess during the trial
which ended last February when he was
sentenced to two years at Atlanta prison.
Such a confession. he declared on the
stand today, would have carried him to
a cemetery. In other words he said he
person of Henry O. Havemeyer. late head
of the sugar trust.
Spitzer was under cross-examination
by the defense at the trial of Charles R.
Heike, secretary treasurer of the Amer
lean Sugar Refining company, who. with
five, subordinates, Is charged with con-
spiracy to defraud the government by
underweighing sugar.
The witness gave his direct testimony
for the prosecution on Monday, He re-
peated that he had not made his confess
sion with the hope of receiving pardon,
but to ease his conscience, and added
that after his conviction came his at
torney, now appearing for several Of the
defendants had urged him to tell all he
knew.
What did you say when advised to
confess?'' asked Clarence Lexow for the
defense
II said the only confession can make
will carry me into a cemetery, and Mr..
Etinson, the government prosecutor, does
not want that
.syou are referring to Henry o. Have
meyer?' asked the lawyer.
Yes. I am answered spftzer.
This colloquy closed the court incident,
but Spitzer talked more freely after leav-
ing the stand He said he had met H. o.
Havemeyer two or three times, and that
Ernest w. Gebracht, former refiner sup
erintendent. another of the defendants.
had made his reports direct to Mr.. Have
meyer The frauds, he insisted. had be-
gun before his time although he worked
on the docks % years. He admitted that
the steel springs used to manipulate the
scales on the docks were his invention.
why did you not tell the truth In the
nrst placer he was asked.
EVERY time I look in a mirror l see
q damn fool was the answer. "I was
. fool not to do it, but I was ashamed
TO let anyone know that 1 did these
things. My credit was good. could get
anything. I did not want people to know
about 1t and though I was fooling them.
l got nothing out of it. Another reason
why / committed perjury was because 1
thought nothing could happen to the
sugar trust We all thought the trust
was SO strong the government could do
hothing with it,
Attitude Of Government
There was much speculation today over
the probable attitude OF the government
toward the mysterious disappearance of
numerous sugar trust books and records.
The defense has agreed to accept the
figures prepared by government experts
regarding missing sugar weights but
there is no way of reconstructing the
vanished letter copying books.
John H. Thompson. the bookkeeper
was recalled at the opening of today's
session. He corrected several points iE
his yesterdays testimony, saying 1t was
6pitzer, not Bendernagel who told him
the docks we're being watched. Thomp-
son also denied that he telephoned Ger
bracht about sugar weights. Theodore
l.. Kepplar, head Of the company's south
Boston refinery testified that sugar loses
weight in refining. The government
contends that the trust turned out more
refined sugar than the government
weights indicated as received in the raw
state.
Washington D. Thomas, president OF
the American Refining company, was
= again present today.
Oliver Splitter was called to the stand
for Cross examination. He said that
Theodore A. Hayemeyer, president OF the
late A. 0. Hayemeyer company, appoint
cd him superintendent of the Williams
burg dock. When he left the Atlanta
prison Splitter said he had no hope OF
. pardon and added: II left my effects
in Atlanta l came here to unburder
myself OF the great wrongs | had done
oil these years. ! wanted to confess all
my sins before this court and tell all
know.
Could Not stand Torture
II wanted to stand among my fellow
men once more and tell what l should
have told before. ! wanted to go back
to my family. I wanted to be shriven
Of all that bothered me those sleepless
nights in Atlanta prison. where ! suf-
fefed SO much could not stand 1t any
LONGER. 7 told Chief Flynn Of the secret
service in Atlanta that / could not stand
the torture: that / must tell the truth
and would not have been behind those
bars II had taken the advice of my law
yers. Mr. MacKellar and Mr.. Cochran
They told me to confess II had anything
to confess after my conviction last Feb
ylary. They told me to confess before II
was too late"
gpitxer's former counsel, MacKellar &
| Cochran, who are now defending the ex-
\government checkers. Halligan and Voel.
ker. two of the six defendants. leaned
FORWARD in their chairs listening with at
jtention to the testimony Of their former
lo1ient.
! spitxer said he had received the pardon
IN the United States district attorneys
office just before he took the stand Mon.
day morning. No promise. he said, had
been made him by anyone connected with
the governuent.
epitsor stood the ross-examinatior
we'll II Nas neither prolonged nor Sc.
\~vere. & M
Mis- yiols G. Msrtens, who was on thu