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Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, May 24, 1910, Image 1

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roi,. xxxvil.
Official Printer Is the Only Posi
tion for Which Race
Seems Probable
Arrange to Circulate Petitions of
Condidates—Convention to
be at Stockton
[Associated Press]
i^j the exception of state printer
there will be no contests for the
Democratic state nominations at the
August primary. This was the an
nouncement made today at a mooting
of the Democratic state central com
mittee Which has perfected arrange
ments to circulate the verification pe
titions of the Democrats who expect
to appear on the primary ballots.
James CJilmartin and John Vaughan
of Sun Francisco have announced their
intention of running for the state
printer nomination, but neither can
didate has yet requested the commit
tee to take charge of his petition, and
before this Is done an effort will be
made by the conference to persuade
one of the candidates to withdraw.
No candidate has appeared for the
office of surveyor general and the com
mittee will make an effort to persuade
Gilbert McM. Ross of San Francisco
to enter the contest for this office.
The committee will circulate the pe
titions of the following candidates:
Governor, Theodore A. Bell of San
Francisco; lieutenant governor, Tim
othy Spellacy of Los Angeles; associate
judges of the supreme court, William
P. Lawlor of San Francisco and Ben
jamin F. Blodsoe of San Bernardino;
clerk of the supreme court, H. A.
Blanchard of Santa Clara county; sec
retary of state, Simeon 3. Bay ley of
Alameda county; superintendent of
public Instruction, Thomas H. Klrke
of Los Angeles.
Stockton was selected as the meeting
place of the state convention, which
will meet September 5 to adopt a plat
form and elect a new state central
count of his candidacy for congress
from the-first district, Judge John B,
Raker of Modoc county resigned his
position as chairman of the Democratic
state central committee, and R. E.
DoWitt of Yreka was chosen to fill
the vacancy.
Issues Gracious Messages at
Empire Day Celebration
LONDON, May 23.—0n the occasion
at the anniversary of Empire clay. King
George has Issued two gracious mes
k:ws to the colonies and India, some
what similar In style to the messages
addressed yesterday to the nation. In
both, he refers to his previous tours
through the respective dominions,
promises to follow In his father's foot
steps, to uphold constitutional govern
ment, to safeguard the liberties of the
colonial empire, and to devote himself
to the well being of the Indian people.
With reference to the rumors that it
Is the intention of the queen mother,
Alexandra, to reside in Denmark, a
court circular announces that Alexan-
dra will always look on England as her
Night Police Sergeant at Ocean
Park Is Accuser
„ OCEAN PARK, May 23.—That Chief
of Police John H. Parrant pressed a
revolver to his head and threatened
to kill him following an altercation in
which the chief had "called him down,"
was the sensational charge made by
Night Police Sergeant William Cav
anaugh before the Ocean Park board
of trustees tonight.
The board convened to give Cavan
aug'li a preliminary hearing or. charges
of insubordination preferred by Chief
Parrant. It was when the night ser
geant was being examined that the
charges were made.
The board decided that the accusa
tions were of so serious a nature that
a rigid hearing will be given Cavan
augh on Insubordination charges In or
der that the allegations Involving the
chief may be officially recorded.
NEW ORLEANS, May 23.—That
Gen. Fernando Reyes, at the head of
1000 troops of the Madriz army, had
arrived at Rama at the beginning of
an engagement yesterday between the
Estrada and Madriz forces in Nica
ragua and had made a successful pass
age around the Insurgent army was
cabled to members of the Central
American colony here tonight.
ALBANY, N. V.. May 23.—Pour of
the bills providing for the acceptance
by the state of the gift of land and
money from Mra. K. H. Harrlman and
others to extend the Palisades park
along the west bank of the Hudson
river to Newburgh, passed the ssnate
I/)i Angeles and vicinity—Cloudy Tun
dan light north wind, changing to south.
Maximum temperature yesterday 70 de
gree*) minimum, SI degrees.
C. E. Fredericks, prominent business ['
man. stricken by appendicitis and In
critical condition. PAGE 5
Husband of Insane woman said to have
divorced her on ground of desertion
while she was In sanitarium. l-AUB I
Ordinances calling for better paving
by car companies. reported on favor
ably by public works board. ■ PAOB 9
Homesick lad surrenders to George
Junior Republic. : PAGE 9
etate engineers' exhibit and conven
tion i.;yii't here. PAGE 9
Lincoln-Roosevelt league • standard
bearers start on tour of southorn
counties, an'i are enthusiastically re
ceived. TAGS i
Utilities board generous to a local cor
poration. PAGE 8
State brings suit to collect J1.1.600 bonds
put up for E. HI. Rowell, who Jumped
ball. , PAGE 8
Bring client prepared to go to Jail for
contempt, orders Judge. PAGE 8
N. Y. Presbytery faces charge of heresy.
Dr. Hartley Is greeted by fifty Yale
graduates at banauot In Hotel Alex
andria. PAGE 3
Committee chosen to probe county high
way scandal. PAGE 10
Robert Watchorn addresses ministers
on "White Slave Traffic." PAGE 10
True citizens should all he In politics,
Lorln A. Handily / tolls Federation^
club members. PAGE 10
Descendant of Persian kings a tales
man In local courts. PAGE 10
Guffaws of man. sued for divorce,
makes Judk'O frown. PAGE 10
Fosr obscures comet and ecllase from
city gazers. PAGE 16
G. O. P. to throw over present guber
natorial: candidates and boom Motley
Flint. PAGE 13
Thirteen candidates In field for coun
cil; mass meeting planned. PAGE 13
One of Wilson Quadruplets dies In the
Children's hospital. PAGE 18
Society. PARE 12
Sports. PAGE 6
Markets and financial. PAGE 7
News of the courts. PAGE ' 8
Municipal affairs. PAGE 8
Mines and oil fields. PAGE) 11
Editorial and Letter Box. PAGE 12
City brevities. PAGE 13
In hotel corridor*. PAGE 13
Marriage licenses, births, deaths. PAGE 14
Classified advertising. PAGES 14-15
Citrus fruit report. PAGE 11
Tlulldlng permits. PAGE 11
Shipping. PAGE 11
Clubs. . . PAGE 5
Theaters. PAGE 5
Husband Is held In Flrueroa death
mystery at Santa Monica. PAGE 1
Frank nily enters plea of not guilty
In Santa 1 Ana superior court to the
charge of murdering wife. PAGE 14
Long Beach officials advised to "go
slow" on Question of strand owner
ship. ' PAGE 14
Pasadena board of ' trade decides
against Indorsing financial status of
Rapid Transit company. PAGE 14
Expected strife at Throop elections
falls to materialize; students harmon
ize. PAGE 14
Tla Juana bunko gang captured by San
Diego police. PAGE 1
Democratic state central committee ,
finds but one contest likely at the
August primary- of the party. PAGE 1
Prisoner In Oakland jail commits sui
cide by swallowing phosphorus match
tips and needles. PAGE 2
Portland police arrest . three men for
holdup of Seattle car May 12; claim
one has confessed. PAGE 2
Police arrest negro sitting In park at
Oakland, holding bomb. PAGE 2
Judgment of 11,844,684 against Chi
cago Railways company forces con
cern Into receivership. PAGE 1
Employe pardoned from prison, whose
conscience hurt him, testifies at sugar
fraud trial in New York. PAGE 1
Railroads advance freight rates. PAGE 1
Taft's tariff plan knocked out by the
house. PAGE 2
Senate votes to buy fifteen new war- . '
ships. PAGE 2
Government opens up new line of prose
cution In District of Columbia bucket
shop cases. ■ PAGE 3
Railroads entering Chicago may co
operate on switching and save mil
lions of dollars annually. ■ PAGE 3
Seyler, alleged slayer of girl at At
lantic City. N. J.. on trial. : PAGE 3
Col. Roosevelt enjoys first- real rest
and will remain silent greater part of
stay In London. PAGE 2
Department of Justice Takes Up
Investigation of Alleged
Control of Trade
WASHINGTON, May 23.—The de
partment of justice is investigating tho
subject of the price of lumber in the
United States with a view to deter
mining whether or not the HO-ealled
lumber trust may be reached by the
Sherman anti-trust law on the ground
that it is a combination in restraint of
For some time the officials have been
in.iking carefully into charges that the
so-called trust controlled the pric of
lumber, and an agent has been at work
gathering information for the use of
the department. Every state, county
and city, it is said, has its lumber or
ganization which the officials declare
they bejieve sets the price of the article
as well as restricting the sale to par
ticular Individuals. The so-called com
bination, officials say, is one of the
most formidable with which the de
partment had to deal.
The point If made that the inquiry
now under way Is in line with the
policy of the department of Justice* to
Investigate and prosecute combinations
alleged to be In restraint of trade, that
enter into the high cost of living, with
out waiting for the decision of the su
preme court In the Standard OH and
American Tobacco companies.
George Figueroa Awaits Inquest
on the Body of His 19-Year-
Old Bride
Police Baffled by Circumstance
Surrounding Wife's Shooting
in Summer Home
fSpeclal to The Herald)
Cj ANTA MONICA, May 23.—Persist-
ontly asserting that he did not
fire the shot that resulted In the
death today of his 19-year-old wife,
George Fiprueroa, husband of the pret
ty young: woman who was mysteriously
shot last night, awaits the result of
the coroner's Inqwst tomorrow morn-
To Chief of Polire Barretto today
Flffueroa said that his wife must have
fired the shot herself while ho was
outside the house.
Jack Surber, companion of Figueroa,
raptured at IjOr Anp-eles today, where
he had prone Immediately following
the shooting, was returned here, but
was not placed under arrest, as the po
lice obtained his promise that he would^
attend the inquest, which will be held
at 10:30 o'clock at the Klrkelie morgue
at Ocean Park. Surber said he left
the scene before the shot was fired.
rkvoi.vkr DHDmnm
The revolver used, a 38-ealiber weap
on, was Identified today by the dead
woman's brother, A. D. Pugsley of
t,os Angeles, as belonging to him, was
found on the floor on the opposite side
of the room from where Mrs. Fig
ueroa's body was found by the po
lice. Pugsley was unable to account
for the gun's presence there.
The bullet took a downward course
through Mrs. Figueroa's brain, enter
ing above the right ear and coming
out at tha base of the skull.
The police have so far been unable
to unearth a motive either for suicide
or murder. Although it Is said that
the couple were quarreling shortly be
fore the shot wai heard, no one has
been found who heard what passed be
tween them.
It Is known that Ficrueroa was ex
tremely Jealous of his wife, which
fact may be brought Into prominence
when the evidence is heard.
The little summer house where the
shooting took place stands among the
flowers and vines In the front yard of
the house occupied by Mrs. R. D. Sam
man, aunt of Figueroa, nt 250S Pouth
Fourth street. It Is of octagonal
shape, made of lattice work and lined
with canvas. It is not more than four
teen feet in diameter and was furn
ished with a bed nnd commode. The
buildini? is fully fifty feet from the
Sammnn dwelling nnd Is almost hidden
by vines and shrubbery.
This house, according to neighbors,
is only occupied in the summer and
was placed at the disposal of Figueroa
and his bride when they came here
following their wedding four weeks
aero. According to "Doc" Taylor, real
estate man and friend of the family,
who resides on Fourth street. Figueroa
and his wife, then Miss Sarah Pugsley
of 1F516 Husted street, Los Angeles,
eloped to Santa Ana. where they were
married April 2R, without the knowl
edge of their relatives and friends.
They resided in the Samman yard for
two weeks, then went to Los Angeles
for a visit with relatives. They re
turner! here last Saturday and again
ensconced themselves in the summer
Taylor snys Figueroa, his wife and
Surber, who claims to have met the
•vvomnn then for the first time, passed
Sunday in the beach. In the evening
Taylor says that the men showed signs
of having been drinking. This state
ment was corroborated tonight hy J.
Marchant, clerk at Reed's drug store,
who talked with Figueroa and Surhrr
at the store less than four hours previ
ous to the tragedy.
Marchant said Figueroa came In the
store Sunday afternoon and asked for
a drink of wnter, declaring that he
hnrl "been on the water wagon for two
months." Later In the night, when re
minded by Marchnnt what he said
about the "water wagon," Figueroa
sheepishly admitted that he had "fallen
Although she at first refused to
make n stntement. declaring that she
w.is "not at home." Mrs. Samman said
today that she heard the voices of
Figueroa find his wife after thov had
retired for the nigbt. and thought that
they were quarreling, but she could
not be positive of this. The voices
were henrd shortly before she heard
the shot fired.
Taylor was among the first to has
ten to the scene when he heard the
shot. He said today that more thnn
half an hour after the arrival of the
police. Figueroa approached him from
out of the darkness and said:
"Well, here I am. nnc. T suppose
they have been looking for me."
gave set.f i:r
Figuerm gave himself up to the
police then, inquiring If his wife was
dead. Surlier had fled, fearing he
might be charged with the crime.
According to Taylor, Fifcueroa came
hers two months ago from Coallnga.
He is an oil driller by trade and his
home is said to bo at Santa Maria.
Figueroa met Miss Pugsley about a
ye'ir ago.
Mrs. FigiiPToa was an unusunlly at
tractive girl, being a decided blonde.
She was known here, having visited
the beach frequently. She was a sis
ter of A. D. Pugsley, proprietor of
the Eiysian Spring Water company.
NEW YORK, May 23.—Application
to the courts of New Jersey for the
dissolution of the National Packing
company will be the next move by
Prosecutor Oarven of Hudson county
in bis war "ii the so-called meat trust.
Tho company was indicted in Hud
son county last February. Mr. Gar
ven announced today he would apply
for its dissolution on Juno 7.
Calls Opponents
of Ship Subsidy
'Ignorant Asses'
Witness at House Investigation
Laconically Explains a
Torrid Screed
WASHINGTON, May 23.—"An igno
rant ass, an unprincipled demagogue or
the paid hireling of baleful influence,"
is the way William H. Hackney of
Wlnfleld, Kas., who testified today be
fore the house ship subsidy investigat
ing committee, characterized "every
man in these United States who op
poses the principle of ship subsidy."
The statement was made in a pamph
let on the rise and fall of the merchant
marine which Hackney wrote and cir
culated and sent to members of con
gress, newspapers and others, "to jerk
tSICSI IGO.~C m."iv act tlicii* i.O tinUifciUMi
as he expressed it today.
"Can you think of anything else such
a man might be called?" sarcastically
asked Representative Garrett of Ten-
"That's a stinger I put in to chal
lenge public attention to the situation,"
replied the witness.
San Diego Police, on Tip from
Alabama Chief, Round
Up Swindlers
[Associated Press]
SAN DIEGO, May 23.—For years a
igang of bunko men has been operating
at Tla Juana, just below the Mexican
line, victimizing tourists who visit
that quaint little settlement. The
swindlers are known as the Russell
A few days ago Chief of Police Wil
son received a letter from Birming
ham, Ala., announcing that John Rus
sell and Thomas Johnson, alleged
bunko men, were en route to San
Diego for their annual harvest at Tia
The chief at once notified his men
to be on the lookout for bunko steer
ers and as soon as It was definitely es
tablished that they were at work to
arrest them.
The chief sent detectives across the
line to Tla Juana and they found the
bunko In full • blast. Johnson was
easily located in this city. His part
was to board the "Seeing Mexico"
automobile, take his place with the
rest of the passengers, get acquainted
with them and, finding a likely victim,
show him Tia Juana sights.
Johnson was arrested today. Laicr
in the day Bill Squires, alias Gingham,
another alleged member of the gang,
was arrested.
N. Y. Doctor Thinks Eyesight Is
Clearer—Hair Turning Dark
NEW YORK, May 23.—After a fast
of eight days Dr. Gustave A. Gayer
finds himself sixteen pounds lighter,
but stronger, he says, clearer in mind
and with better memory and eyesight.
He will consult an oculist lor "an opin
ion on the improvement in his eye-
The doctor sleeps outdoors and
drinks water freely. His hair has
stopped falling out and he thinks it is
turning darker.
Throughout the test the doctor has
continued his daily exercise and his
lectures. He began the fast to study
the influence of auto-suggestion on the
body and is so pleased with the results
that he says now he will prolong his
fast to fifty days instead of the thirty
first planned.
Physicians will watch him for any
dangerous impairment of vitality, and
should such be noted the fast will be
Strip a Mile Wide, Six Miles Long,
Is Devastated
DALLAS, Texas, May 23.—Reports
from last night's storms in Texas indi
cate a loss running into thousands of
dollars resulting from wind and hail.
In Grayson county, near Sherman, a
strip a mile wide and six miles long
was devastated. There the storm de
stroyed all crops and damaged many
In Lamar county a number of dwell
ing* were wrecked.
A residence was destroyed and all
growing crops in two square miles
beaten into the earth at Dorchester,
Grayson county.
Near Rosebud the crop and property
loss is $20,000.
In Falls county a bridge across the
Brazos river, costing $50,000, was
washed away. Heavy crop damage is
reported from the Red river valley.
HUNTINGTON, Ark., May 23.—Hop
ing to win a purse of $4 with which to
buy groceries for his hungry wife and
five .small children, J. L. Osborne, a
miner here, today agreed to leap from
a 50-foot bridge into Cherokee creek
and then swim 150 yards. *
Osborne made the leap, and thereby
lost tha money and his life. Ho landed
safely in the water, but when near his
goal his body was caught In a whirl
pool and he was drowned.
Osborne's widow jjot the purse.
Stock of Big Corporation Drops
When a Decision Exposes
Weak Assets
IS UNABLE TO PAY $1,344,684
Company May Be Liable for Five
Millions More if Judge's
Findings Stand
[Associated Press]
CHICAGO, May 23.—The receivership
into which the Chicago Railways
company was thrown today sent
its most active stock, sefties 2 partici
pating certificates, off an extreme nine
points in the local exchange with only
a slight recovery. This stock partici
pates only after the payment of bond
interest and dividends on certificates
of series one, but the earnings of the
company recently were believed to In
dicate an early dividend on series two.
Thousands of shares were unloaded
when news of the receivership became
known in La Balle street.
The appointment of the receivers,
John M. Roach, president of the com
pany, and Henry A. Blair, a heavy
stockholder, was precipitated by the
fact that the company had neither suf
ficient assets to pay a judgment of
$1,344,684 rendered against it by Judge
Ball in the superior court last week,
nor to provide a sufficient bond to se
cure a stay of execution by means of
an appeal.
There was only one way out —a re
ceivership—and this action, described
as a "mere legal move for friendly con
servation," was taken suddenly and se
By this arrangement it will be pos
sible to protect the company while
Judge Ball's decision is carried to the
state supreme court.
Judge Ball held that the Chicago
Railways company, in taking over the
old Union Traction company, promoted
by the late Charles T. Yerkes, assumed
responsibility for the bonds of the
financially shattered Consolidated
Traction company.
The judgment awarded by Judge Ball
and entered today was in favor of the
litigating bondholders of the latter
Should this decision be upheld it
opens the way for additional judgments
of a similar nature aggregating about
$5,000,000. Other effects of the receiver
ship may be summarized:
First —The city's interest under the
reorganization ordinance of three years
ago, whereby the municipality received
fifty-five per cent" of the net profits
of the company, Is fully protected.
Second—The physical improvements,
to which millions already have boon
devoted, will go forward under the di
rection of the board of supervising en
Third—Consolidation of the proper
ties of the Chicago Railways company
and of the Consolidated Traction com
pany, providing Judge Ball is sus
tained by the upper court.
It is said the bonds of the Chicago
Railways company are not affected
either by the receivership or the judg
ment, as they constitute a prior Hen
on the $50,000,000 assets of company.
The friendly offices of the Westing
house Electric and Manufacturing
company \Vere called upon to secure
the receivership. The petition was
filed by Charles P. Cotton, jr., of New
York representing the Wes^inghouse
company. His bill set up that the local
company owes a bill of $69,000 to the
electric concern which it cannot pay
because of the judgment secured
against it.
The bill declares that the local com
pany's assets are at present so en
cumbered by mortgages and trust deeds
that it cannot raise money enough to
perfect an appeal from/ Judge Ball's
The proceedings, which took place
before Judge Peter S. Grosscup in the
United States circuit court, lasted but
a few minutes.
Bullet Glances Off One's Pistol.
Other's Thigh Pierced
PARIS, May 23.—Count Ismael rle
Lesseps and Count Juat de Poligny
fought their third duel today, and this
time each received a bullet wound.
At the second exchange De Lesseps'
phot struck the barrel of De Poligny's
pistol, and, riecocheting, caused a flesh
wound in the latter's arm. At the
same moment De Lesseps fell, shot
through the thigh. He was removed
to a hospital, where it wus found that
the ball had just missed the femoral
artery. The wound is not fatal.
De Lesaeps is a son of Count Fer
dinand de Lesseps and an officer of a
cavalry regiment. Some weeks ago he
quarreled with De Foligny at the cir
cus and blows were exchanged.
Tights and Short Skirts Must Go
from Billboards
CINCINNATI, May 23.—"The ab
breviated skirts and tights must go
from the billboards. We'll go further
than that. We will not print anything
which a reputable newspaper or maga
zine would reject."
This was the declaration here today
at Clarence E. Runey, secretary of
the International Poster Printers' as
sociation of the United States and
Canada. He made it just before dele
gates to the fourth annual convention
of the association gathered in their
annual session.
Oll> Lirl^ili VJJ. 1 -CjO . SUNDAY 80. OK TRAINS
Church Assembly Decides to Put
N. Y. Branch on Trial in
'Preachers' Case
[Associated Press]
ATLANTIC CITY, N. J.. May 23.—
The decision to try the New York
presbytery on charges of heresy be
cause of the granting to Messrs.
Black, Steon and Finch preaching or
ders after the young men had refused
to accept in lull the beliefs of the
ihurch was announced by the judicial
committee of the Presbyterian assem
bly today.
The committee, headed by the Rev.
E. D. Warfleld, president of Lafayette
college, presented a report in which
it declared the belief "that the minor
ity members of the New York presby
tery ha«l established a prima facie
case of heresy and the matter has
been referred to the judicial committee
of the assembly, which will hear wit
nesses and report its findings for final
action by the assembly."
W. F. Landon of California, W. K.
Spencer of Michigan, Jesse C. Bruce
of Pennsylvania, Charles Thompson of
Minnesota and J. Y. Hamilton of Illi
nois were elected members of the ju
dicial committee to take the place of
members whose terms expired with the
present meeNng.
Nothing has yet come from the com
mittee on bills and overtures to which
has been referred the resolution op
posing the holding of the Jeffries-
Johnson fight on Independence day.
The general assembly Is expected to
go on record in opposition to the tight,
but in what way has not yet, it is said,
been definitely decided.
By Manipulation of Bills of Lading
$800,000 Borrowed
ALBANY, N. V., May 23.—The firm
of Durant & Elmore, grain merchants,
with offices in Albany, Chicago, Buf
falo and Boston, is practically in the
hands of the officials of the National
Commercial and First National banks
of this city, who are creditors to the
extent of nearly $500,000.
By the manipulation of bills of lad
ing, Oliver is said to have been able
to borrow hundreds of thousands of
dollars from banks in' Albany and
other cities.
It is understood, however, that the
firm has outstanding paper aggregat
ing between $500,000 and $800,000, but
just what proportion of it is secured
probably will not be known for sev
eral days.
Just where the money went has not
been told, but it is said the firm was
dealing heavily in grain.
K. A. Durant of Albany is president
of the firm; Edward W. Elmore, vice
president; Gibson Oliver, treasurer,
and William S. Dyer, secretary. The
company is capitalized at $750,000.
Men She Praised Answer with a
Verdict Against Her
NEW YORK, May 23.—"Jurymen
have always been good to me; I have
never lost a case," remarked Mrs.
Hetty Green today as she smilingly
expressed her satisfaction witli the
jury selected to try the case of a sate
deposit company against her for $550.
Yet after a brief trial the jury
brought in a verdict against Mrs.
Green for the full amount claimed by
the safe deposit company—ssso, with
$19 interest. The company sued to re
cover for five years' storage of books
and records of the estate of her father,
Edward Mott Robinson.
cording to a dispatch received by the
Merchants' exchange from London to
day, the British steamer Kilburn,
which sailed from Newcastle, Aus
tralia, May 11, for Guaymas, is ashoro
and full of water In latitude 17, south,
longitude 177, west.
The report says the chances of get
ting the Kilburn off are extremely
doubtful. Assistance has been sent
from Duval, »
Taft Secretly Pardons Former
Employe of Trust to Appear
Against Heike
Testimony of Witness Does Not
Connect Defendant magnate
Directly with Conspiracy
[Associated Press!
NEW YORK, May 23.—Oliver Spitz
er, a man whoso conscience hurt
him, came back to Now York to
rlfiy like a specter from the grave, and
with a pardon from the president in
his pocket, gave testimony at the trial
of Charles R. Helke, secretary-treas
urer of tho American Sugar Refining
company, who, with five subordinates,
is charged with conspiracy to defraud
the government in underweights of
sugar imports.
Spitzer, as superintendent of the
company's Williamsburg (Brooklyn)
docks, got two years in the Atlanta
prison for his participation, in tho
frauds, but ho was quietly pardoned
by the president last Thursday after
having served three months and hav
ing made a full confession, from now
on will aid the government in its at
tempt to convict his former associ
Spitzer's story on the stand today
did not directly connect Heike with
the frauds, but his confession resulted
in ono new arrest tonight, James O.
Brzfzinski, formerly an employe of tho
treasury department, and now a pri
vate detective, was locked in the
Tombs, charged with perjury. Spitzer
confessed lie attempted to bribe
Hrzezinski to conceal the frauds and
the latter is alleged to have denied this
before a federal grand jury.
Spitzer told an amazing story on
the stand today under direct examina
tion, and hurried from the court to the
federal grand jury room. This led to
the rumor that his full confes&'on
would result in another batch of In
dictments. He was not cross-examined
by the defense, because of the peculiar
situation created by his sudden ap
pearance as a government witness.
Spitzer went back to the years 1R!)4
and 1895 when, he said, an investiga
tion he made developed tho fact that
the checkers were affecting the
weights on raw sugar by placing
small bags of lead on the beams
of the scales, causing the recorded
weights to drop below the actual nfton
as much as forty pounds on each draft.
In addition, Spitzer said, it was also
the practice to stuff paper underneath
the floors of the scales for the same
purpose. He said that when Deputy
Surveyor of Customs Vail took office
these devices were abandoned and the
use of the steel corset spring was be
gun and continued.
Spitzer's testimony regarding tha
weight-lessening device of the paper
underneath the scale was a new de
velopment. Heike listened to Spitzer's
testimony with tense interest. Spitzer
talked freely about the frauds by
which the government was robbed of
milions of dollars. He said the use of
the steel springs was stopped after the
sugar trust had paid the rebate to the
government as a result of the federal
"Did you arrange a system of signal
lights in the scale house?" suddenly
asked the prosecution.
"Yes, sir," replied Spitzer, who thea
related that the signals were used to
warn the weighers of any sudden dan
"How were the lights worked?"
"By a switch in my office," replied,
Spitzer, who said that the switch was
turned whenever a government official
was seen to approach.
Two of the defense'B lawyers had
previously appeared for Spitzer when
he was defendant, and for ethical
reasons could not examine him.
The court ruled they must agree on
someone to examine him Wednesday.
No promise of pardon brought about
Spitzer's confession, say the federal
authorities. His conscience merely
hurt him, it was explained, but realiz
ing the importance of his testimony
and the legal obstacles likely to bar it
were he a convict, the government re
stored him to citizenship.
When convicted in February last,
Spitzer declared the sugar trust had
made him the scapegoat.
"It hounded and ruined me after I
had served faithfully for twenty-nino
years," he said then. Today, he told
how,' for years, he had assisted in the
alleged frauds.
Allen E. Hawxhurst, an employe of
the sugar trust for eighteen years as
an assistant cashier under Bender
nagle. corroborated Spitzer by testify
ing Gerbacht ordered various raises in
the pay of the government checkers.
It had been testified earlier in the trial
that the government checkers got $3
extra per week, over and above tho
sum noted on the pay envelope. Ben
dernagle sometimes ordered the ad
vances, testified the witness. This, too,
was in corroboration of Spltzer's testi
WASHINGTON, May 23.—At the
White House today it was said theru
was no statement to be made as to tho
pardon of Oliver Spitzer.
The only information obtainable at
the department of justice regarding- tho
Spitzer pardon was contained In the
following statement made by Attorney
General Wickersham:
"Oliver Spitzor, a convicted dock
superintendent of the American Sugar
Refining company, was granted an un
conditional pardon by President Taft
a day or two ago, on the recommenda
tion of Henry Ij. Stimson, special as
sistant to the, attorney general, for the
purpose of qualifying him to testify
on behalf of the government in tho
pending prosecution in New York
against C. R. Heike, Ernest Ger
bracht and others."

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