New-York tribune., 1910-06-02
GERBRACHT NAMES DEAD
SAYS Havemeyers and Matthles-
sen Managed Sugar Plant.
GOVERNMENT WAS LIBERAL
That Was How Defendant Inter
preted Weight Differences
NAV Plead Immunity.

J ness stand IN the sugar fraud case to-day.
His confession was directly attacked yester
day by Ernest Gerbracht, one Of the defend
ants. Testifying in his own behalf. the latter
told of paying the former checkers and
Spitzer after their dismissal from the EN-
pIoy Of the company and after their con-
viction, and it was inferred that they were
still being taken care of.
/ Spitzer in his confession said:
/ 7 received my money from Ny. Ger
bracht until I went to Atlanta last Febru-
ary. Then II stopped
Gerbracht sald that after Splitter was sent
to Atlanta $50 a week was paid to Mrs.
Splitter.
Splitter was asked afterward whether
Mrs. Spitzer had received the money
| 7 never asked her. was his answer.
Gerbracht put the whole dock manage
ment upon Splitter, and contradicted him
regarding the conversation after the raid
of November 20. 1907. made by Richard
! Parr The defendant had seen the late
H. Q. Havemeyer the next day. He wanted
TO know the facts. Gerbracht said he told
him the checkers declared their innocence.
Mr. Havemeyer, according to the witness.
! told him to get counsel for them
! The defendants knowledge Of weighing
| on the docks and the records made by the
employees Of the company was vague He
had known OF the differences between the
government weights and the invoice and
city weighers' weights. He ssid
I always thought the differences were
due to the governments hberality in
weights It was general understanding.
Everybody seemed TO know of it
Judge Martin, who Is hearing the case in
the Criminal Branch of the United States
| Circuit Court. wanted to know who every
f,-.+ hT2r r
answer.
The defendant Is a short man, with Teu-
tonic features. accent and manner. He ges-
ticyIated a good deal, and occasionally was
vehement He had several witnesses for
J character. two of whom had some distant
! relationship TO the business of the Arnerl-
can Sugar Refining Company, and were IN
terrogated about it by the special prosecu-
tor, Henry L. Stimson- He had been in
formed of their interest by the busy special
agents who throng the courtroom and the
corridors Of the Federal Building
Hei<e an Astronomer.
Charles r. Heike, secretary Of the sugar
company, had a considerable part in the
hearing yesterday outside the regular pro-
gramme. His counsel called many persons
from Jersey City. Heike's home. as char
acter witnesses. It came out that the sec
retarv is an astronomer, a student of phil
osophv and Shakespearian student The
government counsel told the court that they
were willing to concede the faultless char
acrar Of Heize and Gerbracht before their
! Indictment
! It was learned last evening that the coun~
sci for the government found among the
letters obtained from the company several
! that NAV be used in proceedings against
persons whose names have so far not Hs-
ured in the investigation. Many letters
have been read in court, but those that
! contained matter opening up another line
| Of inquiry were put aside.
| Gerbracht was called to the stand as
soon as court convened yesterday. He gave
q history Of his employment by the sugar
! company during forty years, and in his
recital placed the responsible management
Of the Havemeyer & Elder plant IN Will
iamsburg upon men who are dead-Theo-
dore Havemeyer. J. o. Dopner, J. F. Mat
| thfessen and II. 0. Havemeyer- He said he
obeyed orders, and that was all.
CAorge AIackellar counsel for Gerbracht.
/ guided him along the path followed the day
before in the examination Of James F. Ben
/ dernageI the former cashier, also defen-
dant Letters were introduced TO show that
Gerbracht employed men on orders from H.
.. Havemeyer and other men in authority
over him He denied that he fixed salaries,
admitted that he appointed men in lower
positions. and denied having changed the
wages Of the former checkers as the result
Of their fraudulent actions.
The letters introduced by the government
in evidence with the intention of showing
criminal knowledge Of the Weighing frauds
| were read to the witness. He could not see
anything in them of a suggestive charac-
,7iJ he
letter about The insurance of the cargo of
the steamship Indiana which said that as
the cargo was not dutiable there was no
reason why the various weights should not
he compared. It was at this time that
Cerbracht told of his understanding that
the government was liberal in its weighing
Denies Short Weight knowledge.
In the prosecution the technical state
nents showing weight differences are re-
garded as significant. They were made
i in Gerbracht's office. He denied that he
got them, then denied their accuracy. The
differences in weight he attributed 10 a by
product, black strap
.'Spitzer at q previous trial said that he
went TO your Office after the raid and said
There's trouble on the docks Is that
true?' asked Mr.. Mackellar.
'~Yeg. that's what he said answered
Gerbracht-
In his evidence here he declared that
he said 70 you. I'm caught Is that trueP'
No, he didn't say that He said there
was trouble, and I said that II there was
trouble he should go and put an end to
il: that that was his business said the
witness.
Mr Stirson, in beginning the cross-ey-
animation recalled 10 the witness that he
was before the Federal Grand Jury after
the raid. and asked whether the United
States Attorney had not told him that he
need not answer questions. Gerbracht de-
MED that he had The minutes, showing
that he had been SO instructed were pro
duced Even then Gerbracht insisted that
he had not been warned. It Is inferred
that his counsel will plead immunity II
there should be an adverse verdict
The special prosecutor asked many ques-
tons which were answered with a ready
T don't know even when referring 10
routine business ar the refinery Mr.. Sttr1-
son took up the weighing records and
asked.
You felt during all the years that the
government weighers were Just liberal
not committing frauds7''
Yes"
How could you know anything about
liberal Weighing if YOU knew nothing Of
discrepancies