New-York tribune., 1910-06-07
JUROR GIVES NEW LEAD
HeIke Admits Knowing Contents
OF Supplemental Statements.
SUGAR TRIAL CONTINUES
Stlmson and Graham Lectured
After Tiff-Case May Go to
Jury To- morrow.

arthur Donner. treasurer and a director
OF the American Sugar Refining Company
or New Jersey. the holding company. and
Henry E. Niese. director Of the same
company were called yesterday to aid
Charles r. Heike. the secretary on trial
IN the Criminal Branch of the United
states Circuit Court on charges Of con-
splracy TO defraud the government out Of
| customs duties. The case opened with
Heike on the stand in bis own defence. It
closed for the day when Niese had been
leard
Henry l. sttmson. the special federal
prosecutor, received much aid from a juror.
No I. Mr.. Leask a banker. who owns
stock in the company. The counsel had
struggled along all morning in an effort
TO show that Heike had knowledge Of the
contents of tables prepared by Otto schmel-
ter, clerk. which contained the govern
ment and invoice weights Of cargoes and
2 column giving the differences. claimed by
the government as being the result of the
fraudulent weighing on the Havemeyer &
Elder docks. He had given up. and Heike
was about to leave the stand when Mr.
Leask asked:
Why did you direct that supplemental
when You were not acquainted with their
contents7"
Heike had said he had ordered the sup
Elemental reports. He answered Mr. Leask
that he knew slightly what was in them.
but not minutely Mr.. Stimson then pounced
upon the witness He said:
Nov, YOU say you knew what the origi-
nails cor-eined. Is that not true?"
Knew What Originals contained.
We'll. yes-that is. Mr.. Havemeyer want
ed them So
But schmelter gave you the statements
each month. What did he do it for?'' asked
Mr.. Stimson.
They were for NJ. Havemeyer. When I
had a suggestion to make in bookkeeping
I gave It to him. The weight entries never
bothered me-only the system of registering
the totals. Any entry that didn't have
dollar sign in front Of it didn't interest me
at all"
John B. Stanchfeld. of counsel for Heike
came TO the rescue He suggested to the
witness that he ordered the supplementary
reports for the raw sugar department,
which Heike agreed with.
Mr.. Donner. when called said that Heike's
wrote were in line with his work. He
could not sign checks. excepting in the alb
sence of Mr.. Donner, said the witness.
Did you know the practices Of the gov
ernment weighers with regard to dutiabe
sugar?' asked George Graham. one Of the
Heike counsel.
Yes: they weighed literally
What officer OF the company had charge
Of the customs duties?'' asked Winfred T
Denison, one Of Mr.. Stimson's assistants
mo officer of the company" said the
witness. He named two clerks. now dead.
who had charge during the period Of 1907
and prior thereto.
After Mr.. DOnner was excused Chester
Woodward. a director in the Nassau Trust
Company was called His testimony was
as Of great significance by the
defence. He said he knew Oliver Splitter
and that he had an account with the trust
from Nav. 1900. to November. 1907.
when the raid was made.
Mr.. Woodward on the Stand.
What vas the total amount he had de-
posted there during that pertod?" asked
Mr.. Graham.
The total was s106. .457 81.
Mr.. Stimsou asked on cross animation:
How much did he have on deposit when
he closed his account, in November, 1902
He had S607 81 was the answer Mr..
Woodward said that IL was a drawing ac-
count. Splitter had been in the garage
business. and is now, but il was said that
be die NOT enter this until about the time
of the raid He got salary of $50 a week
from the company
Mr.. Niese who is a practical chemist and
had oversight of that department o. the |
great company vas called. Mr. Graham /
asked him about the technical statements !
which have figured in the trial. and which |
Iei5e testified had been destroyed on the |
orders of Mr.. Niese.
Why did you tell him to destroy them?' |
asked the counsel
H. O. Havemeyer so instructed me"
vas the answer.
Mr.. Graham asked what the reason for /
he instruction vas. but Mr.. Stimson's OBJ
ection was upheld by the court.
Mr. Stimson on Cross-exan nina ton, called |
attention 10 the shrtnkage Of l per cent in
he statements. and asked whether the
company would have been content TO pay
IS bills if there were a shrinkage of from
70 I per cent. Mr. Graham objected sud
enIy. and Mr. Stimson turned almost saw
Lgely. with Don't interrupt me- and then
,aused. while Mr. Graham, considerably
haken. protested 10 the court. Judge Mar
in delivered q classroom lecture on the
uties of counsel and the court, saying to
he counsel for Heike:
Don't YOU know that the court is keep
ng constant watch on the proceedings, and
las the rights of the defendants constantly
n mind?'
But the court allowed Mr.. Stimson = ques-
ion. and Mr.. Niese said that he did not
uppose the company would pay on in
oiCes year after year if the weights on
ne docks showed constant shrtrkage. The
rial will be continued to-day It was said
hat all the testimony would be in by thi5
fternoon and that the case would probably
% to the jury tomorrow.