New-York tribune., 1910-02-03
STIMSOk'S POINT
HILL STOP DELAY.
Springs Surprise on Sugar
Counsel, Who Thinks 1t OOer.

Henry /. Stimson. special Assistant Al
torney General. in charge OF 1ile s"s"i
short-weight prosecutions. turned WHAT
threatened to be Waterloo for the gov
ernment into a temporary victory "he"
the plea of immunity because of testlnloil9
given before federal grand lurleS "ts
argued Yesterday by counsel for Charles H.
T5efke secretary of the American SuSal
Refining COMPANY. before Judge James L.
Martin in the United States Circuit CouI l.
Nr- Stimson demanded trial OF the plea
before a Jury TO establish whether the evil
dence given tended to incrlminate MI.
Heille as claimed IL would have peeh
about the same as regular trial 10 estao-
lish the facts alleged in the Indictment
whereas the counsel for the company sec
fetary John B. Stanchfield and George =
Graham. former District Attorney of Phiia-
delphia, wanted the plea decided by the
court
This would. If decided adversely. have
permitted an appeal 10 the United States
Circuit Court of Appeals. and if again de-
feated there an appeal to the United States
sunreme Court An indefinite delay would
have been the result
Mr.. Stanchfeld was taken aback when
the government prosecutor made his de-
~nand. and asked for time to consider
whether 10 press the plea or withdraw II
and make a motion 10 quash the lndlct-
rnent Judge Martin gave him untli 10
morrow, when he will hear whatever motion
NAV be presented.
George NJ Mackeliar and Henry F. Coch-
-ane. counsel for the former employees OF
the American Sugar Refining Company VINO
were to plead, had, as they expressed IT,
decided to trail after Mr. Stanchfield' ou1
when Mr. Stimson sprang his surprise they
effected retreat. They will also appear
tomorrow.
N-. Stinlson. in papers filed with the
court and in his argument. said that the
grand iuries before which Mr. He1ke ap-
reared were engaged in an investigation 10
determine whether the company Of which
he was secretary had violated the sherman
antitrust act and had nothing to do with
the fraud 3nquirv. He had appeared as q
witness before the october grand jury in
the American PENNSYLVANIA Sugar Refining
companies inquiry, which resulted In IN
rjctnents of the officers and some OF the
directors Of the American Company
Then Mt Stirnson referred TO Mr.. Heille S
appearance before the December grand jury,
which, he said. had subpoenaed the secre-
-ar-v Ito produce certain corporate books
IN order that the grand jury might ascer-
tain the intercorporate relations between
the American Sugar Refining Company and
other corporations
This confirmed the report exclusively In
The Tribune in December that the govern
rrent wa. making an investigation to ascer-
tain whether the sugar companies were
working under a trade agreement in viola
ton of the Sherman act
In calling attention to the fact that Mr..
Heike had been q witness year ago In
the proceedings brought by the government
against the company, involving the frauds
and resulting in the payment in settlement
of over g. COO 600, Mr.. Stimson said that
he gave his testimony without claim that
it would in any wise incriminate him. and
without any claim OF any privilege under
The law.
Mr. Stimson said yesterday that Mr..
Sfanchfield would not be held to his plea
1ba, he could change it if he should decide
20 do So It was said last evening that
there probs bly, would be motion TO Quash
on the part OF the counsel for all the de-