The Pensacola journal., 1920-04-30
SUGAR CASEIS
YET UNDECIDED
Judge Avery Continues Willen-
xix Cases Until Monday When
Decision Will Be Made.
PROFITEERING CHARGED
Government Testimony is That
Sugar Cost IL 1-2 Cents and
Was Sold for 25 Cents.

Judge John c. Avery, U. S. commits
sioner, yesterday continued the cases
of Meyer and William willenzik,
charged with violation of the Lever
act, until 8: 80 O'Clock Monday after
noon at which time he will render
his decision to whether or not they
are to be bound over to the federal
grand jury.
District Attorney John L. Neeley and
Assistant District Attorney George
Earle Hoffman handled the govern
ment's case. and Phillip d. Bean ap-
peared for the defendants. With Mr.
-Beall were Rhoulac Anderson and w.
H. Watson. Mr.. Watson addressed the
court at length, by permission, on the
proper construction of the law.
The government showed that two
pounds of sugar We're purchased from
Meyer Willenzik on April % for so
cents. Testimony that the sugar was
sold to the Garden Cash Grocery at
1880 a hundred weight, f. o. b. New
Orleans, according to a statement to
Mr.. Elliott by Mr.. Willenzik, was not
disputed.
John Brown, confidential agent and
sales manager for the Louis Christen-
son Co., of New Orleans, said that on
April 5, he sold barrels of sugar 70
the Garden Cash Grocery for IL cents.
f. o. b., New Orleans. Mr.. Elliott said
Mr. willenzik told him he bought 10
sacks of sugar from McCloskey Bros
and barrels from Christensen at 1880
a hundred weight.
On cross examination by Mr.. Beall
Mr.. Elliott said he could not tell the
difference between American granu-
lated sugar and foreign granulated.
Mr.. Brown said that on April p sugar
was quoted at wholesale at "a to %
1-2 cents a pound, wholesale, f. o. b..
New Orleans.
On re- direct examination, Mr.. Brown
said that sugar he sold to Mr.. Willen-
xix was sold at II cents, f. o. b.,
New Orleans.
w. J. Speed. general freight agent
for the L. and N, said that the rate
on shipments from New Orleans to
Pensacola was 29 cents a hundred
we; Tht during the month of April.
Max L. Bear said that during the
week of April 19 sugar was quoted.
wholesale, at 27 to 90 cents a pound.
He said that he had received small
L..
can Refinery sugar at $3.50 which he
sold for s17.93.
w. L. Meyer told the court that he
had received some American Refinery
Co. sugar at $3.50 and sold it at $3.50.
He retailed it at 19 cents a pound.
Mr.. Beau objected when Mr.. Hoff-
man asked the witness if he consid-
cred 25 cents a pound was an un-
nriaa
bought at $500. f. o. b., New Orleans.
Judge Avery ruled that he needed the
information and directed the witness
to answer.
Mr. Meyer said he believed 1t would
be an unreasonable profit.
On cross examination Mr. Meyer
said the sugar he sold at $3.50 was
domino sugar and that he had sold
some foreign granulated on the same
day at s26 TO $3.50 a hundred weight.
He said that a merchant ought to
make from 90 to % per cent profit on
individual sales in order 70 do bust
ness, and that varying profits on diff
ferent lines were necessary.
The defense did not introduce a
witness. Mr.. Bean recalled Mr. Elliott
TO ask him what kind of sugar he had
bought and Mr.. Elliott said it was
granulated but he couldn't tell foreign
from domestic.
In the opening argument for the
government Mr.. Hoffman asserted
that the government had clearly
shown that the sugar had been bought
for II cents and sold for 25 cents and
declared that this constituted an un-
reasonable profit Of nearly so per
cent.
Mr. Beau's argument was divided
into two parts, one that no evidence
had been brought TO show that Viii
liam Wfllenzik was a member of the
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