New-York tribune., 1912-03-23
GOVERNMENT RESTS CASE
n.fendants at Sugar Trial Will
Beuin RebuttaI on Monday.
MICH EVIDENCE RULED OUT
s...ute of Limitations Looms Up
as Protection for Parsons,
Thomas and Others.

government rested it's case yesterday
in ~. rial OF John E. Parsons, Washing
Thomas and the other sugar men
w- wr.d with having conspired against in
eDN s,. trade. and the defence will begin
" -,buttal on Monday.
-. feasibility that the defence Will plead
-, tbe protection Of the statute OF limita-
y. Us Ioomed up yesterday, especially after
-,.,n evidence offered by the government
~ hen ruled out by Judge Hand. IT was
.N,,.,.ed that the proceedings on Monday
.',,d be started with argument by coun-
o., the defence TO the effect that the
,.,.n6ants, supposing that they entered
~, the alleged conspiracy. gave up any
,.s,-. 10 keep the refinery of their compet-
49, c,osed some time before July. 1906, or
80 than three years before the return OF
=. Indictment on which they are now
tired
u.rry A. Wise, United States Attorney,
marked In the course of yesterdays ses-
az, that the letters and other evidence
..,r,sd 10 a continuation Of the conspiracy
rrtn october. 1906, and he made a strenu-
~, effort 20 bring in other evidence which,
:. .sid, showed prolongalon of the con-
,,,racy until the time when the indictment
was found.
This other evidence was not admitted by
nudge Hand The prosecutor argued Tor
,,or, than two hours in his desire TO put IN
~. matter. He said that after the loan Of
= x00o had been made to Segal at the
.ns Of 1903, the defendants tried TO continue
,b,,r control over the Pennsylvania Sugar
p,An,ug Company and keep its new plant
AZ Philadelphia closed by all possible
means. Among the collateral put up for
me loan by Segal there were 800 bonds
4, the Pennsylvania company, Mr.. Wise
aid and later Gustav Z. Kissel, who had
,cted as agent for the American Sugar Re
ming Company in the loan transaction,
acquired from Segal 725 bonds Of that com
many. so that in all the defendants indi-
rsr,y controlled S1,225, 900 worth Of bonds
eut Of a total Of s2.50O.0c0 lawfully issued.
When the Pennsylvania Sugar Refining
Company became insolvent and was put
INTO the hands Of a receiver, Mr.. Wise
added, efforts were made 10 arrange
Meeting OF bOndholders and to get ma
Hnty Of them 10 reorganize the company
and start the refinery running. The de-
fspdants. the prosecutor declared. agreed
70 stand together and TO keep aloof from
any attempt at reorganization, and in this
manner they delayed the progress of af-
hirs and attained their end of keeping q
snpettor's refinery closed beyond the time
tat the loan agreement had assured its
eOsng TO them.
The appointment Of a receiver. Mr.. Wise
1plained, set aside all control by stock
holders. and the American Sugar Refining
Company lost its power over the Pennsyl-
unia company, of whose stock IT had held
ggO shai s--a majority-as collateral 10
;he segal loan.
When the government closed its case Mr..
Wise reserved the right TO introduce later
such evidence. as might appear essential
70 the government, and II is possible that
the government will return to an offer OF
the evidence concerning the Pennsylvania
eompanys bonds later on.
The Jury was excused until 2 o'clock on
Monday afternoon, but Judge Hand will
begin hearing argument at 10 o'clock on
Monday morning. Richard V. Lndaoury,
Of counsel for the defence, will ask the
Judge 10 direct the jury to return a YER
diet Of not guilty, on the ground that the
government has failed to make out its case.
Delaney Nicol and James NJ. Beck Viii
aid Mr.. Lindabury. and Mr.. Wise will reply
for the government. Three hours have
been reserved for this.
II Judge Hand denies the motion Mr..
N!coll will begin his address TO the jury
in the afternoon, and the first witness for
the defence may be called before the day
is over.
vigorous fight was promised by the de-
fence. II is expected that large number
Of witnesses will be called, and that the
final summing up Of the case will not be
reached until another week has passed. The
deathbed statement made by Gustav Z.
Kssel may result in a long argument be-
tween opposing counsel. Although it was
marked for identification, it has not been
Introduced in evidence by the government.
and the defence may try TO offer it,
AS the statement is an affidavit the gov
trnment might object 10 IL because ii can
hot cross-examine the man whose state
mcnts II contains.
S