New-York tribune., 1910-05-25
SP|TzER DISCLOSURE
HAUNTS SUGAR TRIAL
Expected Cross : Examination,
However, Put Off Until
This Morning.
TELLTALE OFFICE METHODS
Company's Employees Prolific in
Testimony for the Govern
Observation-Disclosures
for Splitter.

American Sugar Refining Company the
prosecutors for the government in the
sugar fraud trial obtained testimony re-
garding missing books and details of
Office work yesterday in the attempt to
fnculpate Ernest Gerbracht and James F.
Bendernagel, former superintendent and
| cashier, respectively, of the Williams
burg plant Not in any previous sugar
fraud trial was there evidence of the
disappearance of such important records.
and at no other time was the method of
keeping the records made so clear as
an alleged discriminating fact.
There was air of the day before in
the courtroom when Judge Martin took
his seat The sudden appearance of Oliver
Splitter had left its impress on counsel
and spectators Spitzer was not at the
trial. He was in the Federal Building
and haunted the corridor the third
floor, where the courtroom is. He will
be called this morning. according to the
prosecution for the cross examination.
| 1t was learned that there will be no
further revelations, unless counsel for the
defence bring them out The pardoned
man has told on the stand all that coun-
sci for the government expected him to
| tell.
New Splitter Testimony Possible.
The rule In force In the federal court
prevents the bringing out Of new evf-
dence on redirect examination, and In
the oss-examination no questions are
permitted not germane to the evidence
brought out on the direct examination.
If called in rebuttal Spitzer might give
new testimony.
In his examination on Monday Splitter
told all about the employment Of de-
vices to cheat the government, and al
legged that he was doing this to satisfy
his superior, who complained that the
government weighers were ''robbing" the
company. To prevent the robbery he
used the steel spring. the bag filled with
lead and other devices. His superior was
Gerbracht
| Splitter has been before the federal
grand jury. Everything he said on the
stand and other matters were thrashed
out The result of his examination by the
grand inouisitors will come out in a few
days One OF the first results Of his con-
fession was the arrest Of James o. Brze-
zinski, who was a Treasury enploye de-
| tailed to aid Richard Parr in his ferret
ing work on the Havemeyer & Elder
docks. Brzezinsh is still IN the Tombs
He could not get the $4,000 bond, the
bail demanded by the government
PARIS Assistant Testifies.
The first witness yesterday was Rich
ard Whalley, another aid Of Mr.. Parr
He gave the signal that led to the raid
He did not know anything about the
steel spring, but was placed to tell MIR
Parr when It seemed that something was
wrong. WhaIley told this story over
again, and also said that when he was tr
the employ Of the company ne used other
devices. and he implicated Splitter in the
knowledge of this. There was no cross
examination
Minor witnesses followed and ther
John E. Thompson, in charge Of the In
voice cargoes of the company at the Wal
street office, was called. He repeated his
testimony Of last December, telling of ar
occasional discovery of a discrepancy be-
tween the weight on the invoices and the
government weight, about which he In
formed Bendernagel. There were three
months early in 1907 when there were nt
differences because a government in
spector was on the docks. He had In
formed Bendernagel about this. The lat
ter had said nothing.
'"Who directed you to call up Mr.
Bendernagel with reference to the diff
ference in weight?" asked John B.
stanchfield, of counsel for the defence
on cross-examination.
Orders from n. Q. Havemeyer
H. Q. Havemeyer," was the response
did you ever have any communica-
tjon with Mr.. Heike in regard to the
weisht?" was the next question Charles
r. Heike, secretary of the company. is a
defendant.
mo. I had no communication with
him at ALL
| Mr.. Thompson also said that in his ten
years experience as an employe of the
company he never knew of any fraudu-
LENT practice on the docks of the COM
pany-
u.
Mr.. Leroy, formerly in charge of the
statistics of the refinery. was called. Mr..
Leroy is dead. Becker said that in figur-
ing on the landed weight cargoes he
never compared them with the govern
ment weights. The company had paid
freights several times on the basis of
the government weights. he said, but the
shipping agents protested, and the prac-
tice was discontinued. Becker said he
sent his weights to Thompson and the
numbers on the bags to w. A. Dennison,
one of the refinery employees.
At the termination Of Becker's testi-
nony William H. Wright, at one time
electrician for the company, was called
He corroborated Spitzer regarding the
installation of the signal lights. He did
| not know exactly for what they were,
nor could he remember having ever
| known.
Witness Brings in Gerbracht.
did you have any conversation with
any one Of the defendants while you
were installing the system?'' asked
Henry L. Stimson, special prosecutor for
the government.
Yes; Gerbracht asked me for what
the lights were intended. I told him