New-York tribune., 1910-06-01
SAY SP|TzER DID It ALL
Gerbracht and BendernageiL Law
yers Blame Him.
BENDERNAGEL CASE RESTS
Cashier for Sugar Refinery. on
Stand, Contradicts Some
Former Testimony.

The whole machinery OF fraud on the
docks OF the Havemeyer & Elder rennerE
was rnanipuisted exclusively by Oliver
spitzer, the former superintendent, accord
ing TO the defence in the trial yesterday OF |
Charles r Beike Ernest Gerbracht ana
James F. Bendernagel in the Criminal
Francs7 of the United States Circuit Court |
Their case was begun. and Bendernagel
had the first inning. Sptzer was the man,
said Henry z Cochrane in the presenta-
ton II was Splitter. said George MacKe-
lar. opening as counsel for Gcrbracht, when
FendernageTs defence had been put in
II was said last evening that the short
stocky man. with the large, aquiline nose
who came up from Atlanta without prom
ise Of a pardon and unbosonned himself.
will be held up as the postmaster Of fraud
when the case OF Heike is opened Spitzer
was with the counsel for the government
after adjournment. doing some more con
Tossing. He was around the corridors of
the federal building all DAY. He viii be
there again to-day
Mr. Mackellar explained in another way
part Of Spitzer's confession that was
looked upon as extremely against Ger
hracht, the payment of mis- salary and the
wages Of the accused men at the garage
~ the pardoned man. The counsel SAID
that when the charges of fraud were first
made in November. 1907, II. o. Havemeyer
declared that he would stand back of the /
men unlcss they were proved guilty. He
said the earne thing in letter which the |
government sat possession of. Mr.. Ger /
hracht. Mr.. Mackellsr said. was obeying |
:hat order when ne conveyed to Splitter the
leg Of money.
Splitter Did u AL"
--Spitzer's control was supreme Mr- |
ATaciellar said 'The letters introduced |
rere from Mr Heike TO Mr.. Gerbracht viii
show shat inquiry was made not about any |
dock weights. but about refinery weights. |
NfT- Eeike never wrote to Mr.. Gerbracht |
shout the dock weights, for he knew moth |
:ng about cock weight irregularities. Mr.. |
Heike V-ro,e him about refinery weights
Splitter knew it all. Splitter did it all |
Splitter IS free"
Witnesses for Gerbracht will be called
this morning, but he may 20 on the stand |
first did Bendernagel The latter went 1
on Immediately after his counsel's opening |
Mr.. Cochrane Put in a general denial Of all |
knowledge OF the weighing frauds.
Ny client will tell his own story" the
counsel said He will tell you that he
Vas never in the scale houses. was seldom
the docks. He did not know that there /
anything criminal in the advance of
wages He will tell you he had nothing 10
do with the raw sugar or raw sugar opera
lions. He had nothing 20 do with the
weights, false or true. We will eXonerate 4
Mr.. BeDdernagel entirely
All Denied by BendernageI.
on the stand Bendernagel followed the
course outlined by his counsel Before TAX /
ing up the derials, he said he holds the
II
piiai, is = trustee OF the Williamsburg Saw
ings Bank and was vice-president of tho |
beard of Education for five years. He went |
with the company when seventeen years |
old. which was forty-five years ago. When |
hc resigned by request he was getting |
$500 a year.
As cashier of the refinery the office he |
held when last with the American Sugar
Refining Company, ne raid all the expenses |
OF the Williamsburg refinery, insurance, |
coal and other supplies. The total money /
handled was about 100000 year.
Were you connected with the docks?'' /
asked Mr., Coctrane.
No That was a separate department |
1t had its own force, and they worked
under Mr. Splitter. He had entire charge"
BendeTnagel said he visited the docks
twice a year. He was IN the dock Offices |
about six times in twenty-five years. He
knew some Of the former checkers who
were convicted last December and who
pleaded guilty last week OF all the ex-
hibits that have figured in the trials he
knew nothing excepting they We're
brought UP in the cases. They were the pink
books, the steel springs, weighing records
and So on. He knew little about the
weights Of cargoes, but had TO 20. h"
some Of them.
The witness knew about the city weigh
ers' records, who weighed for the company
These were the records on which he had
put his 20 X" He was positive that he
knew OF no criminality in the weighing de-
psrtnent, and OF no favoritism in the pay
ment of wages.
Former Testimony Inaccurate.
winfred r Dennison, assistant 10 Mr.
Stimson, in the croSs-examination, went
through the minutes of Bendernagel's !
testimony al the former trial, when the
Jury disagreed as 10 his guilt. He pointed
out discrepancies :n some OF the details
which were not disputed by the witness. rs
they were matters of memory, He contra
dicted some OF his former testimony as
having been inaccurate.
When Bendernagel stepped down many
character witnesses were called, the same
Who testified last December TO his reputa-
ton. among them Justices Burr and Mad
doX. Mr.. Stimson interrupted at time
20 say that the government would concede |
Bendernagers reputation for honesty right
eousness and fair dealing among. his friends
a. testified TO by the witnesses, but there
was no Jet up.
When the last had testified the defence
q BendernageI rested. and the Gerbracht
esse was opened. The trial will continue
to-day il was said that the case might 20
10 the jury Friday.