175 F. 852 (S.D.N.Y. 1910), United States v. Heike

Citation:175 F. 852
Party Name:UNITED STATES v. HEIKE et al.
Case Date:February 14, 1910
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 852

175 F. 852 (S.D.N.Y. 1910)

UNITED STATES

v.

HEIKE et al.

United States Circuit Court, S.D. New York.

February 14, 1910

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[Copyrighted Material Omitted]

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The following is the substance of the plea in bar and of the government's replication thereto:

(1) That on June 17 and 21, 1909, there was a proceeding pending before the grand inquest of the United States for the Southern District of New York, brought under the Sherman anti-trust act.

(2) That on June 16, 1909, defendant was subpoenaed to appear before such inquest and testify concerning an alleged violation of such act by the American Sugar Refining Company and others, and to bring with him all records, etc., showing the minutes of the meetings of the executive committee of the board of directors of such company.

(3) That on June 18th defendant was commanded by subpoena to appear before such inquest to testify concerning an alleged violation of the Sherman anti-trust act by the American Sugar Refining Company on behalf of the United States, and to produce copies of all letters from the refining company, H. O. Havemeyer, and the defendant to one Kissel during the years 1903 and 1909, inclusive, and by defendant to the firm of Parsons, Clossom & McIllvaine and John E. Parsons, concerning a loan made by Kissel to one Segal on December 30, 1903, and all deeds, evidences, and writings which defendant had in its custody concerning such premises.

(4) That defendant appeared before such inquest June 17 and 21, 1909, was duly sworn, examined, and gave testimony under oath, and produced and testified concerning documentary evidence, to wit, the letters, records, agreements, and memoranda called for by the subpoena, including checks of the American Sugar Refining Company of New York, signed by defendant as treasurer of the company.

(5) That under oath defendant testified that he was secretary and treasurer of the American Sugar Refining Company; was in charge of the records, books, and minutes of the company; that he testified concerning the incorporation, organization, and management of the company; its sugar importing business in the collection district of New York; its properties, refineries, etc.; and that all of such testimony related to the period included in the various dates mentioned in this indictment.

(6) That in that proceeding defendant testified and under oath produced evidence concerning the transactions, matters, and things set forth in the indictment herein, and for and on account of which this proceeding and prosecution is brought.

(7) That on December 1, 1909, there was a proceeding before the grand inquest in such district pursuant to the Sherman anti-trust act.

(8) That on November 29, 1909, defendant was subpoenaed to appear before such grand inquest and testify concerning alleged violations of the statutes of the United States by the American Sugar Refining Company of New York and to bring the books and records of such company.

(9) That in obedience to such subpoena defendant appeared and produced the documentary evidence required, and was examined and testified concerning the incorporation and organization of the American Sugar Refining Company; its properties and business conducted within the collection district of

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New York and defendant's position with the company; the actual production of refined sugar by each of the refineries owned by the company; the expense accounts, expense books, salary lists, etc.; raw sugar meltings of all refineries owned by the company from 1893 to 1907, inclusive; letters and tests relating to tests on importations; monthly and annual refinery expenses--expenses, etc., from 1904 to 1908, inclusive; statements of figures entering into the profit and loss accounts of the company; and certain resolutions authorizing expenditures on the company's behalf, and private letter books of the defendant relating to the period included within the dates mentioned in the indictment.

(10) That in such proceeding before the grand inquest, defendant testified orally under oath, and produced documents concerning transactions set forth in the indictment herein against defendant.

(11) That on January 5, 1910, there was a proceeding pending before the grand inquest for the Southern district of New York, brought under the Sherman anti-trust act, and that on that date defendant was requested by an Assistant United States District Attorney for the Southern district of New York to appear and attend forthwith before such inquest and testify concerning an alleged violation of such act; that defendant in obedience to such request appeared and was sworn and examined on oath concerning the output of the American Sugar Refining Company; its ownership of all sugar beet companies; the capacity and production of its refineries, and the contents of certain letters relating to the affairs and management of the companies-- all of which testimony related to the period including the various dates mentioned in the indictment.

(12) That in such proceeding before the grand...

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