New-York tribune., 1910-06-08
SUGAR SUMMING UP NOW
Taking Testimony on Both Sides
Is Practically Completed.
TELL OF liberal" WEIGHTS
Witnesses for Defence Called to
Explain Why Heike Didn't
Know of Frauds.

Elder refinery in WILLIAMSBURG, and James
! F. Bendernagel, former cashier, was ad-
! journed yesterday it was on the eve of
completion. Counsel for the government
! and the defendants said that ten minutes
for each would close the. taking of testi-
naony. The summing UP would follow. But
the case may not go to the jury until to-
morrow.
The four weeks of the trial had not made
their impress on Heike. He was sternly at
tentive, as usual. to the technical evidence
which marked the days proceedings Ger
bracht-short, rather stout-had the ap-
pearance of man in great suspense. Ben
dernagel, who escaped on a disagreement
OF the Jury at the December trial, seemed
rather Indifferent.
Counsel were at nervous tension. Judge
Martin, who heard the last case. was not
as calm as usual AS for the jury. there
was no apparent difference from the day
the twelve men were sworn in. They have
enjoyed exceptional liberty when not in
court To all appearances, they have not
been under surveillance.
From first TO last the day was fight for
the liberty of the secretary-treasurer of the
company "Liberality of weights" was the
burden of the testimony Of the witnesses
called by the defence to show that II was
because of the government weighers' repu-
tation for registering lower figures than the
city weighers that the differences due TO
fraud did not attract the protesting atten-
ton of Heike.
Splitter Explains Discrepancies.
Oliver Spitzer, who came up from the
federal prison at Atlanta to confess TO the
frauds on the docks, without promise OF
pardon, was ranging up and down the cor
ridor. Newspaper men who had interviewed
him after he had testified in the trial were
called to tell of the talk with the ex-con-
vict Meeting a man outside of the court
room, Splitter said:
'I wasn't under oath when 1 talked to
the reporters"
This was said to explain the difference
between his testimony and the substance of
his interview.
Henry l. Stimson. the special prosecutor
for the government. reminded the defend
ants counsel at one time of the fact that
several men were under Indictment FOR
short weighing on the Havemeyer & Elder
docks after the raid of Richard Parr in No
vember 1901. and that he would go into this
phase of the case if a certain line of ques-
tions was not dropped. Edward Foster,
auditor of the company, was on the stand.
JOEll SIdIlCLIlSlO, JIG VI IlCiHAC ON-44
sci, got Foster to say that there had been
several examples of liberal weighing on
the docks since the raid Mr.. Stimson OBJ
jected to the evidence. Mr. Stanchtield went
on to develop this lead, when the special
prosecutor said, abruptly:
IF this examination is continued. I shall
show that since November %, 1907, there
have been at least three violations of the
customs laws on the Havemeyer & Elder
docks Mr.. Stanchfeld has opened the way
for me to do this, and I shall if this line of
questions is continued
I don't care" said Mr.. Stanchfeld, with
deliberation, whether the weighing was
fraudulent or not; but the question here is
whether Mr. Heike, sitting in the secre-
tary's chair in Wall street, was cognizant
of these frauds or not"
Joseph a. Ball, assistant treasurer of the
Philadelphia subsidiary rcfineie les of the
company, was the first witness to testify TO
liberal" Weighing by government en-
ployes He said that the reason for the
practice was a sort of reimbursement of the
company for the expense of the city weigh
ers. George Hanchett. a mechanical en-
gineer testified that scales were not in
fallible and. examining the governments
charts, declared that they were full of in
accuracies.
Mr. Hanchett had chart Of his own
which he believed to be all that the prose
cution's chart was not Under croSs-eX-
animation ne modified his positive testimony
&c an extent. Fritz Reichnan another en-
gineer. said that Mr. Hanchetts chart was
about right
Ignorant of Weighing Conference.
When Frank Scllaffer, of the Hugh Kelly
Company sugar brokers' was called to tell
of the ''Hberality" of the government
weights the harping on the alleged sacrl-
flee of exactness in weight got Mr.. Slim
son to take the witness in hand sharply
The prosecutor asked him whether he had
heard of i conference between Collector
Stranahan and sugar importers in'1903 20
settle the differences of weight. Mr.. Schaf-
fer had not. he said George Graham, one
of Heike' counsel, objected TO that line of
inquiry.
You put a witness on the stand to prove
that the governments weights were LIBERAL
Mr. Stimson said hotly. Il am asking him
about & conference to ind out whether his
evidence is material. \ witness not know
ing about this conference is not competsnt
to testify about a liberal system of weigh
ing"
Nj Graham took the witness into more
testimony a ABOUT 4lDeTdLIIy, ana Jn6n NJ.
Stimsoa asked
The largest part, the great bulk of your
business is with the American Sugar Re-
fining Company, is it not?"
Mr. Schaffer looked at his counsel but
getting no help from that source, said that
II was.
That is ALL" Mr.. Stinson snapped.
There was clash when Mr.. ReichmAn
was recalled. He was asSed by Mr.. Stanch-
held whether the state did not allow for
differences in the weighing of coal. Their
was an objection, the court said something
that could not be heard. and the counsel
for Heike read the number of the chapter
and the section of the statute. Mr.. Stiih-
son threw up his hands and said he with
drew his objection, the counsel had dom.
what he had set out to do, read the statute
number
Mr. Stanchheld made warm protest, d.
claring that the remark of Mr. Stmson was
not fair Judge Martin said that he thought
il was, as he had Sid, and that he would
take Mr. Stinlson S objection under consider
alton The Heike counsel explained that he
had not heard the courts remark and Of
fered 70 have the records cleared of the al
legged offence, but his reading was allowed
TO stand
Before adjournment testimony was put in
Ia show that Oliver Splitter had deposited
in the Prospect Park Bank Tor his g. rag
$50 ~ in one year. and stenographer az
tached 10 the Brooklyn federal courts read
from the minutes of the grand jury before
which Gerbracht appeared in 1905 that the
10 hrep told no need moi tactit,.