The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-05-24
Man PardOned By Izft 1es-
titles As Principal Wit
ness In Hcike Trial
DRIVEN BY CONSCIENCE
SP|TzER TALKS FREELY
Heike Is Not Yet Directly Connected
With the Frauds But Story of Wit
ness Points to Guilt of
Those Higher Up

New York May 2s.-Olver Spitzer,
man whose conscience hurt him, came
back to New York today like a spectre
from the grave, and with a pardon from
the President in his pocket. gave testi-
mony at the trial of Charles r. Heike.
| secretary-treasurer of the American SUI
gar Refining company, who, with five
subordinates. Is charged with conspiracy
to defraud the government in underweigh-
| ing sugar imports.
Splitter as superintendent of the COM
pany's Williamsburg (Brooklyn) docks,
got two years In the Atlanta penitentiary
for his participation In the frauds. but he
was quietly pardoned by the President
last Thursday after serving only three
months, and having made full confession.
from now on he will aid the governm snt
In its attempt to convict Heike and his
other former associates spitzers story
on the stand today did not directly con-
meet Heike with the frauds, but his con-
fession resulted in one new arrest to-
night. James o. Brzezlnski, formerly an
employe of the treasury department. and
| now a private detective, was locked in
the Tombs, charged with perjury. Spitzer
confessed that he attempted to bribe
Brzezinsk to conceal the frauds and the
latter is alleged to have denied this be-
fore a federal grand jury. This apparent
conflict brought about Brzezinskis al
rest.
Brsesinski Is Prominent
Brzezinsh has taken a prominent part
in the sugar fraud dscloslr lres. He was
with Richard Parr. the special agent who
first discovered the steel spring frauds
In 1907. 1t is then alleged Spitzey attempt
ed to bribe him. This led to Splitter be-
ing charged with attempted bribery, and
although Brzeznski gave evidence upon
which the indictment was based when
the matter came to trial in Brooklyn he
testified that Splitter had not approached
him or Parr. The prosecution of Splitter
on this charge, therefore. proved .fias-
| co, and after an open quarrel with Parr
and a subsequent investigation Brzezin-
ski was dismissed from the government
service.
| Appearing before federal Jury later,
1t Is charged he again exonerated Spitzer
and gave evidence dlscrediting the ae-
count given by Parr. Spitzers confession,
therefore, 1t is stated, caused the govern
ment to charge perjury.
| For his part in uncovering the steel
spring device Brzezinski has been mem
TONED as entitled to receive a moiety
payment from the government Parr has
in claim for many thousand dollars.
Spitxers Story
| Splitter told an amazing story on the
stand today under direct examination
| and hurried from the court to the fed
eral grand jury room. This led to the
rumor that his full confession would
result In another batch of indictments.
He was not cross-examined by the de-
| fense because of the peculiar situation
created by his sudden appearance as a
government witness. Two of the de-
| fense's lawyers had previously ap-
peared for Splitter when he was de-
fendant and for ethical reasons could
not now examine him. The court ruled
that they might agree on some one to
examine him Wednesday, No promise
of pardon brought about Spitzer's con-
fession, say the federal authorities. His
conscience merely hurt him, ii was ex-
plained. but realizing the Importance
of his testimony and the legal OBJ
tacles likely to bar were he con-
Wet, action was taken to restore him
to citizenship.
| When convicted in February last
Splitter declared the sugar trust had
made him the scapegoat.
1T bounded and ruined me after I
| had served IT faithfully for % years"
| he said Today he told how for years
| he had assisted In the alleged frauds.
He described the use about 1894 and
| 1895, of small bags of lead on the
| beams of the scales. causing the record
| ed weights to be sometimes 40 pounds
! short to a draft and also the stuffing
| of newspapers underneath the floors of
the scales for the same purpose.
! This use of paper was an absolutely
new development in the fraud investi-
| CATION.
Heike Is Interested
Heike listened to Spitzer's testimony
| with intense interest Spitzers demon
| strated in court the use Of bags OF
| lead and testified about the steel
springs, saying first that heavy ones
were used and later light ones. Tho
springs, he said. were substituted for
Head and paper when Deputy Surveyor
Iof Customs Vail took office, while the
l. use OF springs was abandoned after
the sugar trust had paid the rebate to
| the government as result of the fed
eral suit.
eDid you arrange system of signal
lights In the scale house?' suddenly
o ked the prosecution.
| "Yes. SIR" replied Splitter, who then
related that the signals were used to
warn the weighers of any sudden dan
| ger.
How were the lights worked?"
| "Py a switch in my Office replied
splitter, who said that the switch was
| turned whenever a government Off
| cial was seen to approach.
splitter said that an electric light
| had been used in the scala houses for
many years but that he made change
| in the signal system by Installing red
lights. In reply to an Interrogation of
! the prosecutor, IL he had ever report
ed the weighing frauds to anyone. Spit
ger replied that he had informed
man named Leroy who worked in the
Wall street office of the sugar trust
| The witness said when he wanted to
| raise any of the checkers wages he
was Obliged to put the matter before