New-York tribune., 1910-06-11
HEIKE FOUND GUILTY
Continued from first page.

ing. No. 1856 Fifth avenue: George Leask.
banker. No 80 Wall street: wilfred J.
Stone, secretary. No. s West 51th street.
Albert Tarlton. No. AZ West 126th street:
Joseph r. Malone. cashier. No Dos Fifth
avenue; l. Edward Mueller. coal. No. "A
Stone street: Walter H. Gantz. Jr. clerk.
No. 81 Wall street: John o. Barnes.
salesman. No. 66 Reade street. and
Charles z. Laidlaw. Jr.. broker, No. 45
Broadway
More than twenty ballots were taken
by the jury. most OF them when the case
of Bendernagel was under considera ton.
The long delay was due to the failure
TO agree as to his guilt OF innocence.
Everything was in readiness for the
charge to the jury at $50 o'clock in the
morning. but juror No. s. l. Edward
Mueller, was ten minutes late. As soon
as he appeared Judge Martin arose with
papers in his hands. First he compIi
mented the twelve men in the usual way.
but praised them especially for their at
tentiveness during the long trial After
reciting the law relating 70 conspiracy
to defraud he launched into a definition
Of reasonable doubt. saying:
Fraud must be proved BY the weight OF
evidence in a case like this II rests
largely upon circumstantial evidence l
am requested by the counsel for the de-
fence to instruct you as 10 what part IN
ference is to play in the consideration OF
evidence. 1t Is not in my province to do so
Bur you must bear in mind this principle
of the law. that the accused is entitled 70
have every circumstance construed upon
the theory OF innocence.
Case of 8endernsgeI.
Take the case of BendernageI. assuming
that the circumstances show he was not
aware Of frauds on the dock and in his
mind explained the discrepancies by liberal
weighing and so the thought OF frauds
never entered his mind. then you are 70
acquit- But IL in your belief the evidence
points to guilt, then your course is clear
If the circumstances point inescapably to
guilt OF that the defendant or defendants
had guilty knowledge OF the system for de-
frauding the customs by the underwetghing
OF sugar, you must convict But II the cir
CumStanCeS show that he believed the
weight discrepancies on the docks to be
due 10 an established custom Of liberal
weighing by the government weighers. IL is
your duty 10 acQutt..
The evidence was taken UP as IL re-
lated to each defendant. and referring to
Heike, Judge Martin said:
IF Heike had knowledge of the frauds
them, you should find him guilty even
though he might not have known the
means Of the conspiracy and did not
know the men who worked the scheme"
Much stress was laid throughout the
trial by the defence on the lack Of
criminal knowledge Of the defendants of
the actual frauds on the docks. and
Judge Martin said that if either Of the
men had had knowledge and performed
their duties as if no frauds had been
committed, without aiding or abetting.
they should be acquitted.
Government Counsel Surprised.
There was a movement Of surprise
among the government counsel when
they heard this He continued. saying
that participation without knowledge or
knowledge without participation would
be grounds for a verdict Of not guilty.
Each defendant was standing alone,
the court said. and he warned the jurors
to bear that in mind, and to apply the
evidence as it fitted each defendant, and
in no other way Former convictions or
confessions were not TO sway them, and
he reminded the twelve men of Spitzer's
record in the former cases, when he had
perjured himself
But he did not stop there with the ex-
convict, laying due stress upon the i'm
portance Of his ac< of contrition. After
saying that motive for the frauds should
be sought for. Judge Martin continued:
You must not be Swayed by the pub
70 crof ha thiUhnr
nor must you be governed by the social
position or wealth OF the defendants or
their families, or the needs OF their
families. You are not to be guided in
your deliberations by public clamOr. but
solely by your consciences, weighing the
evidence"
The charge lasted forty-four minutes.
and then the long deliberations began
There was no break in the consideration
of the case until 4:45 o'clock. when the
Jury filed into court and many thought
that a verdict had been found. But il
wanted the testimony of a witness az TO
his conversation with Bendernagle re-
garding the cessation Of weight losses
on the docks after January, 1907. and
the continuation in April Of the same
year.
Witness Had Corrected Himself.
The witness had said first that Bender
nagIe had told him that the cessation
of short weighing was because govern
ment agents were on the docks. He
corrected this later, saying that it was
Splitter who had told him The evil
dence was read TO the jury BY Winfred
T. Denison, who assisted Mr.. StimsOu IN
the prosecution, and he explained that
the government accepted the correction.
The Jury got the charts submitted in
evidence by the defence and prosecution,
the books containing the red figures Civ
ing the losses in weights and the techni-
cal statements which were supplemented
by government experts with others as
copies Of some that could not be found.
The testimony of the auditor Of the COM
pany, W. E Foster, was also wanted
These things all related to Heike's case.
There was no inquiry for anything re-
latSag 10 Gerbracht-
1t was long wait. but the three ac-
cused men were as imperturba ble a
were their counsel and the government
officials. Up and down the corridors
the men promenaded. lawyers. Secret
Service agents and spectators occasion
ally fiocking to the courtroom on a false