New-York tribune., 1910-06-10
TO KNOW HIS FATE TODAY
Jury Chose to Delay Charge in
Case of Heike and Sugar Men.
BITTER ATTACK ON SPITZER
Counsel for Defendants Calls
Him Head Devil of This
Whole Fraudulent Affair. >"

Would the gentlemen Of the jury prefer
20 have the case go over until tomorrow.
or shall I charge now. so that you may
consider your verdict to-day asked Judge
Martin yesterday of the jurors who are 70
decide the fate Of the men on trial in the
sugar fraud case in the Criminal Branch
Of the United States Circuit Court. Charles
r. Eeike. Ernest Gerbracht. and James r
Bendernagel-
The gentlemen OF the jury debated the
question. They were evenly divided at first
As this would mean no postponement, there
was another canvass. which resulted tour
for immediate consideration and eight Tor
delay until to-day. Judge Martin. with
the papers in his hands. ready to deliver
his instructions. let the case go over The
majority rules he said.
There was keen disappointment evident
among counsel defendants and spectators.
Only the court seemed unmoved. Mr.
Feike's two daughters and son looked with
commission upon the secretary-treasurer of
the American Sugar Refining Company Of
New York. The daughters were the only
women outside the Enclosure where the
Judge sits. Within the railing. adjoining
the bench. in striking contrast in costume
and demeanor were relatives Of counsel
for the government in the case and Of the
United States Attorney and his assistants.
The spectators became the audience 10
the oratory that marked the summing up
earlier in the day Clarence Lexow. OF
counsel for Gerbracht, and John B. Stanch-
field. for Heike. bitterly attacked Oliver
Splitter, who made the dramatic entrance
IN the trial as the pardoned and contrite
ex-conv1ct from Atlanta Henry L Slim
son. special federal prosecutor. excoriated
the three defendants. and fashioned a de-
fence for Spitzer as a prop for the govern
ment-
Mr. Lexow called Spitzer the head devil
OF this whole fraudulent affair: liar with
the face OF a thief" Gerbracht he declared
vas q phiIanthropist- feeding the starving
babies of the convicted and accused former
checkers employed on the docks OF the
Bavemeyer & Elder refinery, and pay
ing Spitzer himself the salary ne had re-
ceived before he was discharged from The
company's employ. Gerbracht was q mere
puppet. an Office boy. for the late H O
IIaveneyer. the counsel said. He made a
strong plea for the acquittal Of his clients
Life at Stake as Well as Liberty.
Mr.. Stanchfield started in with the dec
laration that Heike was not on trial for his
liberty alone. but also for his life. To
Heike, he said, prison sentence wouio
mean the grave. He was not contanlnated
by the frauds, never drew the pesulen1al
air OF the docks. his counsel continued, and
then said. pointing an accusing finger at
the counsel for the government:
Mr.. Stimson wants to convict TINS man
so that Mr.. Wickersham. the United States
Attorney General, can tell the public mat
the man higher up' has been punlsned'
But let US see whether Mr. Heike was the
man higher up. He did not own dolar
of the stock or securities OF the sugar COM
many. He was 4 salaried employe. Who
runs corporations? need not tell you 'ha'
II is the board of directors
WHO is the highest man in the roster
or the corporation? The president MI
t5.fl.s never had charge Of things MI
15eflxe was never q director. He Transcribed
the orders. the wishes. OF the directors lie
WAS merely the registrar He was the pu-
reau of information, the doctor OF af1alrs'
sf Won wish TO call him SO. VINO wrote lo'"U
letters q year"
Nr StanchfeId contrasted Spitzers posi-
-io, with that OF Heike: the head or a KING
don, of his own. the counsel said. and lIieh
called attention 10 the large deposits mace
Il, the former superintendent Of the docks
i'm the banks OF Brooklyn. The counsei
continued:
Mr. Heike did not know of the frauds
on the docks. He did not know tnat me
scales were being controlled by wire springs
until Richard Parr discovered the device
and laid bare the frauds"
Near the conclusion of his summing up
Mr.. StanchfeId started 10 read a definition
Of good character given by federal judge
The court objected. saying that the couhsei
had already exceeded his time. Mr.. Stanch-
field declared he hal the night IN the de-
fence Of his client. Then, with emphasis
lie said that if Judge Martin wished 10
deny him that right he would desist, but
-ba cou-t basteued TO tell him TO 90 on.
Mr.. Stimson spoke for an hour and a half
and opsned. after referring TO the summing
I'D Of the counsel for the defence as mere
oratorv. with a statement Of the charge
tJpon which the defendants were being
tried The conspiracy TO defraud the gov
.-rnment. he said, consisted in an agree
roent between the defendants TO smuggle
sugar through the Custom House, and that
= crime was committed and the conspiracy
was encompassed each time part OF a
carEo OF sugar was smuggled in by means
Of underweighlng.
Chief Argument Against Heike.
The chief argument Of the special prose
-r,ror was directed against Heike. He took
,yp the evidence, from the technical state
rnents which were laid on his desk to the
letters referring TO the customs weights,
and linked il together TO form chain OF
circumstances leading. he said. TO the in
eyitable conclusion that the secretary OF
the sugar company knew Of the frauds on
the docks. OF the defenCe's contention that
Heike thought the low weights were due 10
liberal weighing, Nj Sumson said:
This Is the most aUdacious defence for
such man 10 put in; man representing
The American Sugar Refining Company
For what did Gerbracht tell Collector
Strsnahan2 That the weighing was lib
eral2 No! but that the government weigh
ers were weighing TOO closely. And you re-
member that Gerbracht went TO the Col
lector. who was trying TO find out the rea-
son for the underweighing with a letter
from Heike. And Heike now tries to put
the responsibility on the dead president.
H o. Eavemeyer, who, he says. ordered
him 10 give Gerbracht that letter"
larceny translated into nberality." Mr..
stjrnson. characterized this part OF the de-
fence.
There was a recess OF ten minutes after
she summing UP had been concluded, and
then the Jury was excused Until this morn
ing al $50 O'Clock