The Washington herald., 1907-06-30
HOLMES MAKES PLEA
Submits Seventeen Points for
the Judges Charge.
COURT TO ACT TOMORROW
viii Pass on Prayers for Both Sides
Before Turning Case over to Jury.
Defense Holds Cotton statistician
Had Right 10 Use Information as
He Saw Fletcher Arguments.

Attorneys A. S. Worthington and ". +.
Lester yesterday submitted TO Justice
Stafford seventeen prayers for instrue-
tlons to the jury on behalf of the defense
IN the case Of Edwin 6. Holmes, jr., on
trial for alleged conspiracy in connection
with cotton statistics
District Attorney Baker. for the govern
ment, objected 20 most Of the prayers,
and arguments were made on each one Of
the points advanced in the prayers.
Justice Stafford announced that he
would pass on the prayers OF both sides
tomorrow, 10 which time the jury was
respited Friday.
The first two prayers ask for an &C
quittal on the first and second counts OF
the indictment; the presumption Of limo
cence always allowed the defendant his
former excellent reputation for honesty
/ and integrity in the community, and the
defendants right, under the law, 70 have
/ charge proved beyond a reasonable
doubt are set up in the next three instruc-
tions.
Could Not Get witnesses.
The SIKH prayer asks that the jury be
! instructed that it should draw no pre-
sumption against the defendant from his
failure to produce as witnesses Moses
/ Haas and Frederick Peckham both Of
whom are jointly indicted with Holmes
/ for alleged conspiracy 10 commit the Of
tense Of misconduct In office and 10 de-
fraud the United States. as il was net
within the power Of the defendant TO com
/ pei Peckham and Haas or either Of them
TO testify as a witness in the case.
A similar instruction is asked in refer
ence to the failure to produce Theodore
l H. Price the New York cotton broker, as
/ witness for the defense. The eighth
/ prayer seeks an acquittal because IN the
indictment. Holmes is charged with con-
/ spring with Moses Haas and Frederick
| Peckham and with nobody else. There IS
no competent evidence, il is claimed,
/ tending 20 show that the defendant con-
spired with Haas, and unless the jury is
satisfied beyond a reasonable doubt that
/ Holmes cOnsDired with Peckham, as
charged In the indictment before the date
/ OF the alleged meeting Of August T. 1904,
between Holmes. Peckham. and Van RI
| per. testified to by the latter. they should
( find a verdict of not guilty.
/ Even should the jury be satisfied OF this,
I they must also be satisfied that. by that
/ conspiracy. Holmes agreed to disclose 10
I Peckham information acquired by Holmes
while performing his duties as associate
statistician Of the Department Of Agricul-
| ture from reports relating 70 the cotton
| crop; nor unless the jury is further sat
I .L.~u . 10
date OF the alleged first meeting ii was
/ further agreed between Holmes and Peck
/ ham that the information furnished by
Holmes 10 Peckham was to be further
| communicated 20 some other person, with
view Of having such person buy or sell
cotton before the day when the cotton
/ crop report was TO be published, and TO
| buy and sell the same after such report
had been published.
Question of Law I'm Case.
/ As 10 the right Of Holmes to communi-
cate the alleged Information, the defense
asked that the jury be instructed that
there is no evidence 10 show that Holmes
was not at liberty 10 communicate with
/ persons outside the department for such
! use as he or such other persons might
I think proper any information in relation
/ to the cotton crop acquired by him
! otherwise than by his having access to
or knowledge OF the reports sent to the
/ Bureau Of Statistics; and that there is
/ no evidence TO show that he did not have
/ the right 10 speculate in cotton on his
I own account alone, or IN connection with
/ other persons not employed in the De-
partment OF Agriculture. providing he
gave no information except such as was
derived from sources open TO the public
| generally, and expressed no opinion ex-
/ cept based upon such public sources Of
/ information
/ The last three prayers ask that the
! government be required TO designate by
what regulation or rule il became the
/ duty Of Holmes to keep secret the in
/ formation coming to him In his official
capacity whether by one of the written
/ orders Of his chief or by what was testi-
| fed to as a general understanding Of