The Washington herald., 1910-05-24

New York, May 23-Oliver Splitter, who
was convicted last February and sent 10
the Atlanta peuitentiary for the sugar
weighing frauds done under his per
sonal supervision on the docks Of the
Willlamsburgh Refinery Of the sugar
trust, appeared as a witness for the gov
ernment to-day at the trial Of Charles r.
Heike. the secretary Of the company.
and five other employees.
Just before Splitter took the witness
stand TO tell all he knew Of the sugar
frauds there was thrust into his hands
a pardon from the President Of the
United States. It was signed by Presi-
dent Taft on May y. the day following
confession Splitter made 10 Special Prose
cutor stimson. The pardon was kept
until the very moment that Splitter was
called upon to-day.
on the stand Splitter described in de-
tail the weighing frauds. and. gave evil
deHce apparently connecting Gerbracht.
the general superintendent. and Bender
nagel. the cashier. who are among the
present defendants He did not impU-
cate Heike with whom. he said. he had
only slight acquaintance. Heike being
in the Wall street Office all the time.
wife WAS Awaiting Him.
i did not appear as il the government
was desirous OF drawing Splitter out
much, and after he finished testfying he
was hustled up 20 the grand jury room.
where he remained five hours. Then he
was allowed TO go TO his home in Flat
bush, where his wife was waiting for h!m
with their children
Had the ceiling OF the -rited States
Circuit Court room suddenly fallen upon
them. the surprise OF the dlES lawyers
representing the defendants could hardly
have been greater than il was az the
opening Of the session when Prosecutor
Stimson suddenly called out the name OF
Oliver Splitter. and they saw him walk
in the court room behind the towering
form Of Chief Flynn. Of the secret SER
vice. the man who an supposed TO be
in the big Federal prison at Atlanta tax
ing his medicine
Their surprise was even greater when
he pulled from his pocket in responce TO
their objection the pardon from the
President on which the ink was scarcely
dried, and which had been ordered with
out hint OF even becoming public.
one Of the things that Spitzer tesrI-
fed 20 wGs that from the time that they
were ostensibIy suspended. following the
discovery Cf the frauds. right up until
they were sent TO Jail the sugar trust
paid the wages Of himself and the check
ers convicted with him. the money being
brought 10 him by Gerbracht at Sr!t-
zers house. and Splitter distributed IL
to the others
Salaries Were stopped.
The fact that the payments stopped
when Splitter started for Atlanta and the
others for Blackwells, is not taken into
the account for the statement Of Splitter
made when he left for the penitentiarv. T
when he remarked bitterly that the COM !
pany had made a scaegoat Of him after
twenty-nine years Of service. because +
somebody had 20 so 20 prison 20 save
those higher up" (
From the time he became immured fin .
the big prison and started on his two .
years term there his relatives. il is un- .
derstood, have been trying 10 get him .
out From time 20 time Secret Service .
men have visited him in jail But il was
not until Chief Flynn made "a visit 10
the prison ten days ago that Spitzer con
veyed the information that he was ready
10 make a clean breast Of it.
He told Flynn that this confession he
was willing TO make TO either Mr.. slim
son or TO his assistant. Winfred Denison.
Flynn quickly wired the information TO
Stimscn, and then the wheels were set
evolving whereby Splitter was TO make 4.
his confession absolutely unbekuown 10
he defense and appear Dramatically in
he court, as he did to-day with the
Presidents full pardon in his hands.
Wickersham Takes Hand.
The first step in this was to secure the
prisoners transfer from Atlanta to
point nearer TO this city This was arr
'onsed by Attorney General Wickersham.
md last Tuesday Sp!Jzer was brought 1.
North juietly by the Secret Service men
Ind taken out 10 the Essex County peni-
entary at Caldwell y J. He was a
Federal prisoner still. but the govern
nent frequently boards its prisoners at
county jais
On Wednesday. while the present trial
vas in progress, AR Stimson. with one of
lis assistants, Felix Frankfurter. Jour
Keyed out TO the Caldwell Jail in an au-
omobile. They spent nearly all day with
'pltzer- II was given out that Mr. Slim
on had been called suddenly 10 Hunt
ngton, Long Island. that day.
Having secured from Splitter the con
ession which they had sought for many
aonthS unavailingly. the next step was
o secure a pardon in order 70 allow hin,
o testify. This was necessary because
nder the Federal law a prisoner con-
icted and serving a sentence for which
! is known as crime in falsi cannot
e called as a witness.
Through Attorney General Wicllersbam
IT. sumson conveyed the facts regard
Continued on Page 3, Column 4.