The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-02-10
INDICTED AFTER
IMMUNITY BATH
Secretary American Sugar Re-
finery Now on Trial, After Test
flying Before Grand Jury.
CONSPIRACY CHARGED.
Claim of Immunity Confession of
Guilt-Novel Point of Inter-
est to Lawyers.

NEW YORK. Feb. 1e.--A new field
of court endeavor is likely to be
opened up as the result of trial
begun in the criminal branch of the
United States Circuit Court to-day.
Fur the ffrst time In the history of
the Federal courts q man. indicted for
conspiracy to defraud the govern
ment. was placed on trial before a
jury on plea at bar In which he
set up that he had been given an i'm
munitS bath by being compelled to
testify before a grand jury. The evil
dence thus obtained. he alleged in
his pieu, was rsed against him and
his Indictment followed.
This the government absolutely de-
MES. 1t asserts that the evidence the
accused gave was used In case I'M
der the antitrust law. that the de-
PENDANT did not testify against him
self. and II the jury finds that the
government contention liz true. and
that immunity was not granted. the
government will move the imposition
of sentence the same as though a
criminal conviction had been obtained.
holding that the claim OF immunity
was In law confession of guilt.
Charged With Conspiracy.
The case on trial Is that of Charles
r. Heike. secretary and treasurer of
the American Sugar Refining Com
pany of New York and secretary OF
the American Sugar Refining Com
pany OF New Jersey. the latter 'popu-
iarly known as the sugar trust.
TIeike liz accused OF conspiracy TO de-
fraud the government in that he Sc
cured the entering of false weights
on sugar cargoes imported into the
tinted States.
He was indicted late in January.
Previous to his being indicted he was
called before the Federal grand jury
and compelled to testify in connection
with the matter of Pennsylvania ST.
gar Refining Company. accused or
Violating the Sherman ANTITRUST faw.
He was compelled 10 bring before the
grand jury all of the books and pa
pers ~ his company. and was exam
inea at great length regarding them.
Through his attorneys, John r,
Stanchfield and George Scott Graham,
the latter considered the best crimi-
nal LAWYER in Pennsylvania. Heike
will try to prove to the jury that the
evidence ne gave In the Pennsylvania
Sugar Company's case was used
against him by the government to Sc
cure his indictment on the pending
charge.
Great Interest TO Lawyers.
When the trial was begun before
Judge Martin, OF Vermont. to-day the
court room was jammed with attor-
news. all interested in the novel point
that has been raised. In taking his
sent on the bench Judge Martin ex-
planned that all OF the contentious
raised In the case were novel, and
he made 1t plain that great care will
have to be taken In disposing OF the
questions that will arise during the
trial, in order that the rights of both
sides with be safeguarded.
When Stanchfieid was asked what
action he would take In moving to
have his client discharged on the im-
munity charge. whether he would ask
the court to do 30 or whether he
would reserve the question for dis
cussion before the jury. he declared
that ne had no idea; that the points
raised were entirely new. and that
he would let the trial proceed and de-
eide on what action to take as the
points at issue developed.
Most OF to-days session was devot-
ed to getting jury to try the case.
The government Is represented by
Special Deputy Attorney Generals
Henry l., Stimson and Wilfred Deni-
son