Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-24
DEPARTMENT REGULATION
Information Relative to the Crop Re-
ports.
POSTED SIX OR SEVEN YEARS
Jury Excused While Counsel Engage
In Discussion Of Points of
Law Involved.

AZ the opening this morning of the fourth
week of the trial of Edwin s. Holmes. jr.,
former associate stat!stician of the bureau
Of statistics. Department of Agriculture in
Criminal Court No. I. DR.. G. c. Clark, the
present acting stat!stcian. was recalled to
the stand for further examination. United
States Attorney Baker produced a copy of
the rules and regulations of the Agricultural
Department. and read one rule which spec
ified: mo information of the character Of
the crop reports is to be given out.
How long has that regulation been In
force in the Department. Mr.. Baker asked.
1T has been posted six or seven years"
the witness replied.
In cross-eXamination DIR. Clark was re-
quired to traverse a number of the reports
of the bureau of statistics of various dates
In 1904. and the witness distinguished be-
tween those in Holmes handwriting and
those written by Mr.. Hyde.
James Gibson. a Chicago newspaper
man, was summoned by the defense, and
Attorney Worthington sought to bring out
the full details of an interview secured by
MT Gibson with Secretary Wilson in Chi
cago May OF I. 1t was established that
the reporter did interview the Secretary.
and Attorney Worthington read from a
clipping what was purported to be the
substance Of the latter'S statement re-
gardng the condition of crops. Objection
to the form of the query was made by
United States Attorney Baker, and he
argued that Secretary Wilson. when on
the stand. had declared that any one in
the department had equal right to make
statements regarding the crops, provided
the statements were not based upon secret
information of the bureau of statistics.
Mr.. Worthington explained that it would
be entirely satisfactory to the defense not
to push the examination of Mr.. Gibson if it
could be taken as understood that the
theory of the governments case rested
solely upon the alleged giving out by the
defendant of secret information from the
bureau of statistics. After argument of
considerable length Justice Stafford stated
that he so understood the governments
contention-and 1t was accordingly agreed
that MIR Gibson should not testify further.
Government Rests
United States Attorney Baker at II 40
o'clock announced the formal termination
o. the governments case in chief and at
Attorney Worthington's suggestion the jury
was excused until tomorrow morning at 10
o clock. because all of this afternoon Is to
be given over to arguments of questions of
law involved in the indictment against
Holmes
Attorney w E Lester opened for the de-
Tense. and. after briefly reviewing the allie
cations in the two counts OF the indict
ment. he launched into the citation of
number of authorities to support the claim
of the defense that there is no law on the
books to cover an ofrense such as that al
legged In the present case He declared that
the absence OF a specific statute would seem
to leave the implication that the head Of a
government department was vested with
sufficient power to enact a rule or regula-
ffon the violation OF which should be con-
strued as criminal offenses, punishable by
fine or imprisonment. and in that connec-
ton he drew parallel between the posted
rule against smoking within the corridors
OF the Department of Agriculture and the
Lot thn Nf In,
formation on crop reports. Mr.. Lester was
in the midst of his argument when the
usual noon recess of the court was taken
at 1890 O'Clock.
Session This Afternoon.
Continuing his argument at the after
noon session. Attorney Lester referred to
the case of Moses Haas in New York, in
which he said Commissioner Ridgway and
Judge Holt decided that mo offense had
been committed"
Shortly before o'clock Mr.. Lester gave
way to Attorney Worthington, who he
said. desired to make brief statement in
opening. Mr.. Worthington announced that
the defense proposed to lay before the
court the full ground upon which the de-
Tense will base its claim that the case
should go no further
mo one will say that there is a judicial
decision in the District of Columbia any
where else by which the giving out of in
formation from an executive or legislative
Office is said to be crime" Mr.. Worthing-
ton declared. Therefore. when your honor
is asked 10 lay down that condition as the
law you are asked to take a position which
has supporting precedent-and a position
which The Court of Appeals has distinctly
stated not to be the law
Mr. WOrthington also referred at length
to the arguments in Congress by which the
bill introduced by Representative Burleson
soon after the cotton leak scandal was
defeated
THE Offense for which Mr. Holmes is to
be convicted" continued the attorney. IF
he is 10 be convicted. is merely that he vio-
lated a rule or regulation of the Depart
ment of Agriculture, and not a law upon
the statute books because there is such
law" Mr.. Worthington also said he pro-
posed to refer to the Tyner decision be
cause without that decision there would be
very little to talk about in this case