Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-02
FINAL STAGE OF
HOLMES TRIAL
"Cotton Leak" Investigation
Nearing the Close.
COURT HEARS ARGUMENTS
Charge to Jury Late This After
noon.
WHAT JUSTICE STAFFORD SAYS
If One Overt Act Be Proved It Is
Sufficient, States the
Court.
THAT JUSTICE STAFFORD SAYS

The trial Of former Associate Statistician
Edwin 8. Holmes. IT,. on the charge of
conspiracy in connection with the cotton
leak" entered upon its Anal stage today.
Closing arguments were made by Attorney
Worthington for the defendant and by Spe-
cial District Attorney Beach for the gov
eminent. and Justice Stafrord's charge to
the jury was begun at the opening Of the
afternoon session.
Interest In the trial was stimulated as 1t
approached the climax this morning. and
the courtroom was crowded with specta-
tors.
The trial has consumed altogether nine
tenn court days. and during its progress
a total of thirty-six witnesses were called
by the government and fourteen by the de-
PENDANT. 1t has been estimated the trial
has cost the government between 5000
and $4,000.
Mr.. Worthington Addresses Jury.
IF this business was conducted honestly
it would have been impossible for these
figures to have been given out in advance"
declared Mr.. WorthingtOn. My associate.
Mr. Lester. has demonstrated this fact to
you. If the business was conducted dis
honestly you have nothing to do with It,
because you must remember that the
charge contained in the indictment is that
the operations conducted the cotton
exchange were based upon advance infor-
nation given out by Holmes from the bu-
reau of statistics.
Mr.. Worthington referred especially to
h. trar, of har nd
cember. 1904, in which, according to the
testimony of Mr.. Van Ripper. the greatest
profit was made by the pool, and he de-
clared the purchases of cotton shown by
the records of Van Riper's dealings could
not have been inspired by advance infOr-
nation because the township, county and
state agents of the bureau of statistics
had not even begun to write their reports
at the date the deal was begun.
II defy the representatives Of the gov
eminent to point to a single instance in
which a transaction in cotton was begun
by Van Ripper at a time when 1t would
have been possible for this defendant to
have known the cotton report figures"
Mr.. Worthngton continued.
THE evidence does not show such
case"
Throughout his argument Mr.. Worthington
took the ground that the governments evil
dence, even If true, did not tend to convict
the defendant under the present indictment
He referred to one point In the testimony
of Mr.. Van Ripper. and laid great emphasis
upon the latter's statement that Holmes
and Peckham never attempted to tell him
the exact figures of report. but merely
predicted that report would be buNish or
bearish."
Arraigns Holmes.
Special District Attorney Beach severely
arraigned Holmes in his argument. and he
declared: 1.-The heart Of the charge is not
what Holmes did or could do. but what he
agreed with Haas and Peckham he would
do in so far In him the power lay.
My friends on the other side would have
you believe this conspiracy was divided by
fifteen minutes" said Mr.. Beach. up to a
certain point. according to the defense.
Holmes was permitted to exercise his indi-
vidual judgment In predicting whether the
market would be 'bullish' or beariSh.' and
prohibited from using the government in
formation only at the time he was actively
engaged in the compilation Of crop re-
ports"
Mr.. Beach ridiculed Holmes lapses of
memory in reference to the dates Of the
payments to him by Van Ripper and Of the
denominations Of the bills.
Taking the same reports which were en-
larged by the defense and placed on the
wall of the courtroom and by which 1t was
sought to show that it would be an i'm
possible feat for Holmes to have approx
mated the figures of a cotton report, Mr..
Beach declared the average OF the state
agents reports was only four-tenths OF 1
per cent less than the final total issued by
the bureau. and that the evidence showed
these state agents reports were in the Gus
tody OF Holmes the day before the conclu-
sions of the statistician were announced.
Mr. Beach's argument was concluded at 1:5O
o'clock this afternoon, and Justice Stafford
Immediately began the charge to the jury.
Judges Charge. =,
After analysing the Indictment. Justice
ncfr tod he itrr1y II
consider whether it had been proved that
Holmes divulged anything which might
have been in a cotton crop report which
he had acquired by reason of his position
in the bureau. He declared 1t would be
necessary to find only one overt act, and
that one was as good as hundred. al
though many overt acts were charged in
the indictment. He also charged that II
the jury found that Holmes had divulged
Information his acts were to the preju-
dice of the United States and tended to
embarraSs and Illustrate the conduct of
the bureau, thereby committing fraud.
or. in the language of the Indictment, de-
frauding the United States.
AS to the counts charging misconduct In
office. Justice Stafford said 1t was the
theory of the Indictment that 1t was the
duty of Holmes In preparing or assisting
in preparing the report to do his part fairly
and honestly that the results might be
given to all the people of the United States
once for all. He told the members of the
jury in passing upon this question they
must consider whether Holmes had done
exactly contrary to what he had been put
there to do. He said: IF you do so find
you are charged that it was misconduct in
office
Taking up the question whether the
transactions in buying and selling cotton
as mentioned in the Indictment, were
speculations actual purchase and sale
of cotton. Justice Stafford said he would
hold 1t the law that it was buying and
selling cotton and not specializing
Argument of District Attorney.
Continuing his argument after The Stars
report closed yesterday, District Attorney
Baker called attention to that portion of
the testimony which, he said. showed
Holmes to have received nearly 100000 be-
tween September. 1904. and May. 1906
And yet" he declared. this man who
was working as 5000 government clerk
makes no effort to account for the posses
sion Of any Of this vast sum except $73, 600,
which, he claims. came from the sale Of q
gold mining claim.
IF Van Ripper had paid $4,000 and 500
900 for that mine about the time In Feb
ruary 1908. that Holmes claims. do you not
suppose the defense would have had Van
Ripers bank boods-all Of them-here to
show you that Van Ripper did withdraw cor