New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-05-21
ANOTHER IN SUGAR NET.
New Evidence Likely to Lead TO
Fresh Indictment Soon.
HEIKE SEEKING IMMUNITY
Counsers Action in Trial lnd1-
Gates That Plea May Be Basis
of Appeal, if Necessary.

While the trial of Charles r. Heike. sec
retsrv of the American Sugar Refining
Comnanv. and his co-defendants, former
emnloves of the company. has been going
OF, the government counsel have accumu-
Hated evidence enough TO indict person
who has figured prominently liz the history
Of the case. IL was said last evening that
an indictment was ready 80 be brought. and
that its effect would be TO strengthen the
case Of the prosecution immensely
The federal counsel might have taken
this step long ago, but were not sure OF
the evidence in all its phases" govern
rnent official said yesterday. The indict-
Inent will supply link in the chain the
absence OF which at one time threatened
serious embarrassment
Just when the definite step will be taken
could not be learned. 1t may not be until
early next week. It was said That there
was not the remotest contingency that the
determination 10 indict would be changed.
but that Just when it would be done de-
pended upon the progress of the present
trial.
John 3. Stanchheld. of counsel for Mr..
ITeike revived yesterday the immunity plea
as factor in an appeal if his client should
be convicted. Henry l. Stimson, the gov
eminent prosecutor, was putting in evil
dence regarding the entry of weights in
the pink books used by the weighers and
checkers.
There were objections. which Judge Mar
tin, who is conducting the trial in the
Criminal Branch OF the United States Cir
cult Court overruled every time Then Mr..
Stanchfield said that when Mr. Heike was
before the federal grand jury in the anti
trust investigation he testified to the melt
ing weights, furnishing figures from the
pink books. The defendant would stand on
his constitutional rights. the counsel said,
which guaranteed him immunity from the
effect Of any evidence he might give.
Incident Disturbs Trial.
There was an incident at the trial that
seemed on the verge Of causing severe
rebuke from the bench. Henry II. Falken-
stein. & house detective employed at the
Hotel Plaza. and former employe OF the
sugar company on the refinery docks in
Williamsburg, had testified 10 assigning the
checkers. among whom we're some of the
defendants He had also told Of the
weights of the raw sugar being duplicated
and sent TO tie Wall street Office and TO
James +. Bendernagel, one of tie defend
ants, who, the witness said. sent his copy
on to Ernest Gerbracht, former superin-
tendent Of the refinery.
As the witness left the stand he passed
Mir. Gerbracht, stopped suddenly, and then
turned and. addressing Judge Martin. said:
This man has called me a liar
This is no place TO discuss the matter"
said the court, sharply.
Well, 1 gave my testimony under oath.
and don't like such remarks said Fai-
kenstein.
Judge Martin, after the witness hal gone,
called Mr.. Gerbracht before him. The de-
PENDANT explained that he was talking to
his counsel and not to the witness. Moth
ing further was done about it
Falkenstein testified that he was directed
by Harry Walker the assistant TO Oliver
Splitter, who was superintendent and is
now serving a two years sentence in the
federal prison at Atlanta, in the absence Of
Splitter 10 pay full time TO all company
checkers, whether they worked full time
or not. The employees of the city weighers
we're paid only for the time they worked.
he said. Then the witness told about the
duplicating Of the weights, which was
looked upon as important, linking as it did
Mr.. Gerbracht with knowledge of the fig
ures. and also Mr.. Heike. as one of the
copies went to the Wall street Office.
Pink Books Identified.
Pink books were identified by the witness
over the objection OF counsel for the de-
fence. In his cross-examination by Mr..
Stanchfeld and Henry F. Cochrane counsel
for the former checkers, Mr.. Falkenstein
could not be shaken. One of the Jurors took
a hand. George Leask. who is No. in the
box. and before being accepted as a juror
had said he owned a lot of American Sugar
Refining Company stock. He asked:
In the two classes Of company checkers
those who worked with the government
weigfers and those with the city weighers
employed by the company, were there any
differences in the qualifications necessary
for the performance Of the duties?''
The witness said there was none. The
government has shown, that certain check
ers, among them those convicted last De-
oernber, and those now on trial, were al
ways assigned TO check for the government
weighers. one Of the following witnesses.
John J. Loughran, who had worked for the
company as checker for eighteen years. and
was always assigned 10 check for the city
weighers. said that he had worked at first
for SO 50 a week, and that the highest he
had received was SI3 So
The checkers for the government weigh
ers received from SIS TO SIS, although their
envelopes were marked less, according TO
the testimony OF witnesses. Other checkers
were called 20 identify pink books, and then
the trial went over until Monday.
The government has about thirty wit
nesses still 10 cali Subpanas TO the num-
Der Of fifty have been sent out