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Show SENSATION IN THE TRIAL Of ONE ' OF "HIGHER-UPS" IN SUGAR FRAUDS Oliver Spitzer Pardoned by President Taft in Order to Make It Possible for Him to Testify Against Chas. R. Heike, Secretary of Trust j New York. May 23 The trump card in the prosecution of Charles R. Heike, secretary of the American Sn- gar Refining company was plaved at the sugar trust underweighing con- splracy trial today, when Prosecutor j Slmson examined as the government's I first witness Oliver Spitzer, suporln-l suporln-l tendent of the Williamsburg docks, who several fonths ago was convicted j of tinderwelghing and sentenced to two yeara In the federal penitentiary at Atlanta. When Spitzer took the stand, John B. Stanchlleld for the defense de-fense claims that under the federal statute, Spitzer, comictcd man could ; not testify. Tho sensation of the trial was then created by the declaration In court that Spitzer has been pardoned ; by President Taft Heike Is on trial In the United States circuit court with five other emploves of tho American Sugar Refining Re-fining company on the charge of con-splcary con-splcary to defraud the government by tinderwelghing cargoes of sugar imports. im-ports. Witnesses have testified to the discovery dis-covery of fraudulent devices on tho sugar docks at Williamsburg, whereby It Is alleged, employes of the so-called so-called sugar trust manipulated the scales so as to bring about under-weighing. under-weighing. On evidence of Richard Parr, a government inspector, who made n raid on the sugar docks in November, 1907, and others, Spitzer, who was the dock superintendent at the time and for some years previous was convicted con-victed with four checkers employed under hiui of connection with tho conspiracy con-spiracy to perpetrate frauds whereby where-by the government was cheated out of millions of dollar in sugar duties. The four checkers Boyle, Coyt. Ke-roe Ke-roe and Ilennessy were sent to tho Blackwell's Island penitentiary for a year. ,. , Spitzer got two years in Atlanta-He Atlanta-He protested ignorance of frauds on tho docks. Men "higher up' were sought and Helkc, the secretary of the trust, and Ernest K. Gerbracht, the reflnlery superintendent, were indicted. in-dicted. With them on trial nof. besides be-sides four other former company checkers. Is James F. Bendernagei, the refinery cashier, who was tried with Spitzer and the others. The Jury disagreed as to whether Bendernagel had n part In the conspiracy and It vras decided to re-try him. As Spitzer testified to the nndr-weighing nndr-weighing frauds on the docks, it was developed that President Taft granted blm sn unconditional pardon on May H'th last. Spitzer went back to the years 1804 and 1895 when, he said, an investigation investiga-tion he made developed the fact that the checkers were affecting 'ho weights on raw sugar by placing small bags of lead on the beams of I he scale causing the recorded weights to drop below the actual, often as much as forty pounds on each drafL In addition, Spitzer said, It was also al-so the practice to stuff paper underneath under-neath the floors o fthe scales for the rame purpose He said that when Deputy Surveyor of Customs Vail took office these devices were abandoned and the use of the steel cord and 8te?1 was begun and continued It was said before Spitzer got well into his testimony that he would make a clean breaHt of the Trauds alleg-d to have been committed in the under-weighing under-weighing of raw sugar on the Williamsburg Wil-liamsburg clocks. Spitzer demonstrated in the court, the use of the baga of lead. He walked over to the eample scale, which is one of the government's exhibits lq the case, and indicated on the beam the place where the bag was susiend-ed. susiend-ed. Heike listened to Spllzer's testl-menv testl-menv wliti Intense Interest. Spitzer talked freely about the frauds by which the government wns robbed of millions of dollars. He said the use of the steel springs was stopped stop-ped after the Sugar trust had paid the rebate to the government as a result of the federal suit "Did you arrange a system of signal sig-nal lights in the scale house?" suddenly sud-denly asked the prosecutor. "Yes. sir." replied Spitzer. who then related that the signals were used to warn the weighers of any sudden danger. "How were the lights worked?" "By a switch In my office." replied Spitzer, who said that the switch was iurne-1 whenever a gov?rnment ofll-clal ofll-clal was seen to approach. |