New-York tribune., 1910-06-12
DELAY SUGAR SENTENCES
Heike and GerbraCht Freed Until
August 80 in S25, 900.
"SMALL FRY" TO ISLAND
End of Trust Prosecutions, but
Government Employees
Await Trial.

AS the present result of the sugar fraud
investigation-covering a period of more
than thirty months-and two trials, the last
of which was ended on Friday night, six
minor former employees of the American
Sugar Refining Company are under prison
sentences Of from three to twelve months.
The secretary of the so-called trust, Charles
r. Heike, has been convicted Of conspiracy
to defraud the government, and is out under
bail until August 80 pending motion for
new trial: Ernest Cferbracht. former super
intendent of the Havemeyers & Elder plant
of the company, is also under conviction
and under bail for the same reason. The
government could not obtain a conviction
of the former cashier of the Havemeyers
refinery. James F. Bendernas gel. twice
tried and he may soon go free.
In addition to the foregoing record the
government collected from sugar COM
panies on evidence Of fraud nearly s3.5OoO00.
There are several indictments against per-
sons whose trial will be called next autumn,
and more indictments may follow.
Heike and Gerbracht got out on bail yes
terday They were arraigned before Judge
Martin in the Criminal Branch of the
United States Circuit Court With them
was James r. Halligan. former checker.
former dock superintendent. made his con-
fession. Harry Walker. Spitzers one time
assistant and Jean M. Voelker. another
former checker, had also pleaded guilty.
but were too i'll TO appear. Bendernagel was
in court. sitting near the men who were
awaiting their fate
Admitted to S25,00o Bail.
John B. stanchfeld. of counsel for Heike.
wanted time to prepare the necessary
pspers for a motion for new trial. George
Mankellar, Gerbracht's counsel. made the
same request In the Morse case the SEN
tence followed conviction. Henry L. Slim
son. special prosecutor for the government
In the sugar fraud cases. was the United
States attorney who had prosecuted Morse.
No strenuous objection was made TO the re-
quests for delay yesterday, and Judge Mar
tin admitted Heike and Gerbracht TO $4,000
bail until August 30. when the motions will
be heard. Counsel for the men pledged
themselves 10 file their papers not later
than August 1. The bail is TO be furnished
e,v Wednesday. Heike and Gerbracht were
released on the old bail until that time.
Should Judge Martin deny the motion for
a new trial an appeal will be taken imme-
diatelv by counsel for Heike and Gerbracht,
and II WIS SdAu ldcl evening lldt tile case
would be expedited so that the Supreme
Court could hear it by about October 1. II
is expected that the indictment against
Rendernagel will be dismissed. Mr. Slim
son is IN communication with Washington
now regarding what disposition to make of
the case.
HalHgan was the only one Of the three
men who had pleaded guilty In court.
Judge Martin asked counsel how long
spitzer had served before his confession
inpIicating the minor employees When told
that II was a little more than three months
he imposed three months sentehce on Hal
liean and Walker. Voelker will not have
70 go 10 prison. Sentence was suspended In
his case because OF a renewed attack OF the
illness that kept him out Of the trial last
Dec.mber. Walker will be taken 10 the
island as soon as he recovers. He has
eight children
Interest in the whole proceeding yester-
day was centred IN the srraisnment Of