The evening world., 1912-03-19
COUSIN DAV|D'S
NOTES RULED OUT
At SUGAR TRIAL
Judge Hand Decides Letters
From Stetson to Thomas
Are Not Legal Evidence.

The "Cousin DAVID letters will not be
brought into the Sugar Trust trial un-
hess United States Dlstrict-Attorney
Wise can devise some other method
than the n attempted yesterday to
bring them before the jury. At the out
set Of the trial to-day Judge Hand ruled
that the letters could not be admitted
~ evidence. h.
The Cousin DAVID" letters were writ
ten by David Stetson of Philadelphia to
his cousin. Washington B. Thomas.
President Of the Sugar Trust. stetson
was . fellow clubmate OF Adolph segal.
whose Pennsy1vania Sugar Refinery. the
Government alleges. was gobbled by the
tEuot to stihe competition. 1t Is alleged
that IN the privacy Of the club stetson
obtained valuable Information that aided
the trust In Its efforts to vanquish
Segai, the competitor.
These letters had been produced be-
fore tho Congressional Investigation
Committee by T. s. Fuller. a trust At
torney. and when District-Attorney
the present trial De Lancey Nicoll OBJ
5ected on the ground that they were
privileged.
JUDGE HAND RULES OUT THE
LETTERS.
Judge Hand ruled that. inasmuoh as
Fuller had voluntarily produced the let
tsrs before the Congressional commit
tee. they were privileged. and that tes-
timony given before q committee OF
Congress should not be used In a crimi-
nal trial. The Judge said II anything
turned up in the trial that would give
him an opportunity to reconsider the
question he would be glad to do SO.
Inc one Of the letters which Judge
Hand ruled out Stetson wrote:
The Information you request re
garding Mr.. Adolph Segal 1t will take
ME some time to gather and have
the information absolutely correct.
1t would be OF no use to o II
otherwise. some of which I must
get from his W lips. and not have
him suspect me in any way. and then
have his statements verified by those
having business relations with him.
And there are several In the man.
u~facturer's Club. of which he Is a
member, and l one OF the Board Of
Directors.
George u. Robinson. former secretary
to Gustav Kissel. the New York broker,
through whom the Government charges
the Sugar Trust loaned none to Segal
thereby gaining possession OF his re-
fnery. was again called to the stand
Robinson was asked to Identify a num-
Der of checks made out by Kissel II
favor of Segal that figured In the 81. $50, 00.
loan for which Segal gave as collatera,
q majority holding in his sugar refinery
Dummy directors then voted to close tn,
refinery.
NEW LETTER FROM HAvEMEYEF
PUT IN EVIDENCE.
Mr.. Wise. ~undaunted by his inabiht,
TO produce the Cousin David" letters
and over the protest Of James NJ. Beck
general counsel for the Sugar Trust
succeeded In having introduced sever
other letters. One was from the lat,
President Henry o. IIavemeyer of thi
trust to John e. Parsons. former gen
eral counsel. II an:
Dear Mr.. Parsons: We leave the
matter OF the Segal loan entirely in
your hands to do the best you can.
II. O. II.
A letter. dated May 81. 1901. writer
by Havemeyer to Parsons, reads:
I think the best way IL to refer
Mr.. Kisscl to you, which I have
done. Mr.. Kissel has not been au-
thor!zed to refuse the payment OF
my loan; Segal's letter reads that
way. but 1t Is unauthorized. You will
have to watch the matter very
carefully. and look out for Klssel.
II. q. HAVEMEYER.
On the same day John L. Parsonl
wrote to Havemeyer:
I return the note from Mr.. Kissel
and Segal's letter to him.. l do
not think that any papers can be
drawn which would insure the re-
fnery being kept closed until Oct. I.
PARSONS TELLS KtSSEl HOW II
PROCEED WITH DEAL.
On June 7 Parsons wrote to Have
meyer saying:
'Kissel thinks that Segal has, or
thinks he has. an. opportunity to sell
out; that II he does sell the purchas-
ers would wish to pay of the loan.
told Kissel that he must not re-