The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1901-06-15
Or CONSPIRACY IN THE CENSUS
FRAUD CASES.
GUYTHER HAD PREVIOUSLY
CONFESSED
And Abel and Bowles Will Now
Have to Answer to the Indict-
ments Against Them Individ-
ually.
JUDGE MORRIS SHARP TALL
TO THE JURY.
Inn. CANS, PoWnRFuL ARGUMENT.

county.
Stephen A. Abel, Daniel J. Bowles and
Philip T. Graves, who were tried on similar
charges, were acquitted by the Federal jury.
Ching was placed in custody of United
States Marshal Airey pending motion for q
new trial, which was made Monday BY Messrs.
William L. Marbury and Adrian Posey,
Ching's attorneys.
The Jury wrestled with the law and facts in
the case for % hours, finally coming to an
agreement Friday evening at O'Clock, after
adjournment of court.
The Jury was instructed by Judge Morris to
return a sealed verdict This important doe
ument was placed in the hands of Marshal
Airey, who presented it to the court at 10
O'Clock Saturday morning.
When the white envelope which meant SO
much to Ching and the other citizens OF st.
Mary's county who we're charged with con.
spiracy was handed to Judge Morris the
United States Courtroom was well crowded.
The court crier ordered the jnrymen. who
where in the court early. to take their places
in the jury box. Clerk Chew called the roll,
all answering to their names, and he then
handed Judge Morris the envelope.
The FIVE counts Of the indictment were read
one by one, until the fourth was reached,
which convicted Ching.
The fourth count charged the conspiracy to
have been for the purpose of procuring fictl-
tious return from Guyther's enumeration DIS
trict, and under it 1913 overt acts were alleged,
being the same act charged in the. 1913 counts
ofthe Indictment against Guyther individually.
Guyther, it will be remembered, pleaded
guilty, and in doing so laid the foundation ioi
Ching's conviction.
As soon as the Judge had finished reading
the verdict Mr.. Marbury stated that he would
make motion for new trial, and the court
granted him until Monday in which TO pre-
pare the papers.
Since the presentment of Ching 10y the Fed
eral grand jury he has been under bail III the
sum of $500, which was furnished by Mr..
Hiram Dudley.
The maximum penalty for the crime Of
which the ST. Mary's county attorney was con
victed is $4,000 fine and two years imprson
ment. or both, at the discretion of the court.
The three men who were acquitted, Abel,
Bowles and Graves. will now have TO answer
the charge of fraud in regard TO padding OF
the census returns These cases, however,
will probably not be taken up at this term oil
the court.
The trial of the alleged conspirators began
three weeks ago. About 200 witnesses were
examined, most of whom we're brought from
st. Marys county.
It is estimated that the cost of the trial TO
the Government will be 5000.
That the Federal census returns for st.
Mary's county were padded was discovered
by Government authorities upon the lnvesti-
CATION Of charges of inaccuracy in the returns
made first in the The DEMOCRATIC ADVOCATE.
The result of the padding" was to give the
county the apparent right to another repre-
sentative in the State Legislature. 1t was
broadly limited at by counsel that "a stronger
mind than Ching's conceived the brilliant
plan Of securing larger delegation for the
county at Annapolis.
Congressman Mudd name was frequently
used during the trial, and Ching was designat-
ed as that gentleman lieutenant. 1t was ex-
pected that Mr. Mudd would be called upon
to testify in the case, and he was in attendance
upon the court for large part OF the time that
the hearing was on, but was not put on the
stand.
The first arrest in the case occurred March
10. when Stephen A. Abel, an enumerator,
was taken into custody. Then followed the
arrests of Enumerators Charles H. Guyther,
Daniel J. Bowles and Philip Graves. Lawyer
Joseph H. CHING, who has been designated as
the 'sarch conspirator, was arrested about
the same time.
The enumerators were charged with making
false returns, and also with conspiritig 10 falsi-
fy the schedules. The charge against the
lawyer was that of conspiracy.
Indictments were found early in May and
the trial began May q before Judge Morris.
Guyther confessed to conspiracy duplicating
Ching.
The Government found that lis case against
Graves was without grounds, and it was
abandoned.
Now Ching is convicted, and Abel and
Bowles acquitted Of conspiracy.
The charges of classifying the returns still
stands against Abel and Bowles.
The testimony in the cases just closed was
conclusive as to the padding of lists. 1t
was shown that there we're names of people on
the schedules of Abel and Bowles who had
been dead for years; people who had not
lived in the county for decade or more; peo
pie who had visited the county for day and
registered at hotel, and people who never
existed.
Judge Morris to the Jury.
The Census Fraud Conspiracy case was
given to the jury en- Thursday afternoon of
last week. On Friday morning the jury came
into court and reported they were unable to
agree. Addressing the foreman of the jury.
Mr.. George M. Lamb, Judge Morris said
Gentlemen, have you agreed upon ver-
dict?
''We find it impossible to agree upon averdct
in the case"
SIS your trouble in agreeing due TO con-
struction Of the law, or do you disagree as to
the facts of the case ~ asked Judge Morris.
Gas to the facts, Your Honor" replied
Foreman Lamb.
Judge Morris then turned to the jury and
delivered charge which created considerable
CONSERVATION among the counsel for the de-
Tense. He said
ssGentlemen of the Jury-lt is a matter Of
great surprise to me that you have been unable
10 agree upon a verdict in this case. | am
surprised that You should have had any diff
Guilty at all in arriving at decision in the
matter This is not case where The facts
rest on single witness, but upon great
number of witnesses and letters and hand
writing, the authenticity of which are not even
disputed. | cam see why, as jurors, you have
been unable to agree in this case. You should
not allow any political prejudice bias to
turn your minds away from the actual evidence
presented or to prevent your coming to con
clGsion. You ought to give the same consid-
Grafton to testimony given in a case of this sort
as to the evidence against an individual who
attempted to defraud the Government in any
other manner. It makes no difference that
political matters are involved in this crime.
All men should stand equal before this court
and this case should not fail for decision on
account of the mere whims of jurymen.
eff there was a real difficulty in the way of
your making up verdict, a real conflict of
testimony on which you might reasonably dis
agree, | might accept your statement that it
was impossible for you to arrive at conclu
sion but it does not strike me that such is the
case Hundreds of witnesses have been
brought before you, many of them from a
great distance and at great expense to the
Government. | must say to you candidly and
fairly that | must refuse to accept your state
ment that you are unable to agree upon YER
dict and it is my duty to send you back into
the juryroom in order that you may further
consider the case.
Mr.. Cans Argument.
Mr.. Edgar H. Cans in closing the case for
the Government spoke to crowded court
room.
81 don't think that the counsel for the de-
Tense should waste any rhetoric on Ching,
said Mr.. Cans, in opening his argument. 81
don't agree with Mr.. Posey in picturing toyou
Mr.. Ching as a noble son of St. Mary's, who
was endeavoring to benefit his county by hav-
ing all the residents of his county properly