The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-06-08
"A SUGAR DEFENCE RULED OUT
WEIGHING DIFFERENCES TEE
Trust DED NOT PROFIT RI

! states Nircult Court was marked hy tho
struggle OF the lawyers for the defendants
TO get before the jury a. their last piece
Of evidence a statement showing disCTep-
ancies IN weight on sugar cargoes with
whose weighing the American Sugar
| Refining Company ed nothing q do
On the objection raised by the Govern
msnt the Court ruled out this tAbulAtion
] after Mr.. Stimson had declared that II Il
was admitted the Government would
undertake 10 show that freud had entered
into the weighing % these CargOes.
The defence hal evidcntl gone 90
great trouble In compiling this statement
out Of the Custom House records taking
twenty oargoes and showing the lose
Of weight on each. These were cargOes
Of sugar sold TO the trust by importers
here. the importers paying the duty and
freight charges. The sugar was weighed.
for convenience sake. y the Government
on the docks Of the Williamsburg refinery.
but a. the importers we're paying the
duty the refinery had no interest in this
weighing. The defendants counsel said
that II admitted the statement would have
shown that the differences between the
Government weights on these oargOes
and those Of the city weiK ers were a.
great - on the cargoes involved n tie
trust frauds
When John r Stanchield Of Heiks's
counsel put this tabulation IN The hands
% Auditor Foster Of 40 american Sugar
Refining & mpany nj asked him Ia
explain Il Prosecutor Stimson said that Il
admitted il would lead the trial into "a
host Of different conditions
happe1 a. know. said Mr. Stimson
that there h We been frauds la many
other places AMI IN many other wHvs
Frauds have alsD been committed on these
docks In other ways since these frauds
were unearthed and thes checkers dis
charge
Mr. Stimson went on q say tina, be
knew Of three instances where frauds
had been committed on the Williamsburg
dOcss after November ~. l9Os. and after
all interference by the company With the
Government weighers had CEASED These
frauds, he said. had resulted ia the same
die rCpanCiez
II your Honor admits this statement. .
declared Mr. StimsOn. we will have to
go ia and show III Of these frauds'
Mr.. Stanchheld in reply inAsled that
by making such a statement IN court
Mr. SilmsOn was seeking TO poison the
jury. Tie said that the defence had
taken the position that there VAS a recOg
n'zed difference between the Government
weights and the city weights all the time
and that this statement ieuN,sd TO show IL
Inc question here is he SAID. what
lleike, sitting IN the tressurer's Office IN
Wall street. Krsw Of these frauds.
Al u th" lawyers concerned in The
defence Of he ~. GerbTacht ana Bender
rngel look a hand in he argument Il
turned ont that George \ Graham. one of
Hcikc's lawyer had had the statement
prepared The Court ruled u out. Poster
was allowed 10 read just ore item. showing
that on one cargo OF ~ Ou5 haEs there had
been "a adherence between the weights %
~ 900 pounds.
In explaining his reference 10 frauds
subsequent 40 November. 1875 Mr. Siih-
sOn said Rfterward that the Government
had obiHired the confession Of an ass slant
Government we,gher revealing a con-
spirncy IN which the assistant Government
Wcigher an assistant city Weigher and
several employees ~ tho sugar trust had
participated ~ obtain false differences
between the CITY and the Government
weights on three cargo's This confession
was secured for use a. evidence in the
penalty sur brought against the sugar
trust in 1873 and 1879
Auditor Foster testified among othesr
things thai the sales Of sugar by the
trust amounted annually IN h.twe-n
el3O. nOO. 0OO and SlJo ~. OOO and that the
duties ran from t25.UO.y on TO $1,000 90
a year
Although the company is supposed 10
have monopoly and IL about 10 he 80
charged in a Government suit. h ~ sad
Auditor POSTER testified that there was
the sharpeyt Kind ~ competition ard that
the profits ran from TO ., ~ cent a
pound u cost one cent on every package
90 advertise the crystal Domino sugar
turned out by tho Williamsburg refinery
A. one point m the auditors testimony
Mr.. Stanchfeli asked him 10 describe m a
general way the demeanOr % " D Have
meyer Foster said
10 was very autocraiiC. very domi-
nsering and would not tolerate any inter
ference whatever
II was for Mr. Havemever that He,ke
prepared the monthly statements which
the Government contends showed the
frauds
Frank SchaFer q sugar broker. Joseph
A Rail ~ the Spreckels refinery IN Phila-
dalnhia and other witnesses testified that
the Government always weighed sugar
literally. Mr. Schnfrer said hat no had
got his information from Qualifications
supplied nv tho Custom House
The case may not 20 n tho jury to-day.
lnaamurh a. there ara four lawyers to
sum 40 IN addition 70 the Government
The expectation IL that the jury will retire
o.. us-,WraSr ffHWHWtnm