Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-25
POINTS ARGUED BY COUNSEL
Effort to Have the Case Taken From
the Jury.
CLAIMED LAW DOES NOT APPLY
Attorney Worthington Speaks First
and Reply Is Made by District
Attorney.

By a special order OF the court this morn
Ing in the case OF Edwin s. Holmes jr., on
trial before Justice Stafford on charge OF
conspiracy, the arguments on the motion
of the defense to have the case taken from
the jury and the defendant discharged. were
temporarily suspended and the defense was
permitted to call as a witness Mrs. Bertha
s. Burch. formerly private secretary to Stat
istician John Hyde. The fact that Mrs.
Burch was in the city was announced by
Attorney Worthington as soon as the court
convened. Mrs. Burch. he stated. Is very
anxious to return to New York without de-
lay. Justice Stafford said he saw no reason
the motion OF the defense should be affected
by putting on a witness, and Mrs. Burch
was allowed to testify.
Under direct examination by Attorney
Worthington she said she had often been
present In the bureau of statistics when
the crop reports were prepared. and with
particular reference to the alleged cotton
leak" Mrs Burch said she frequently
heard Holmes and Hyde In discussion over
the conclusions about to be shown by the
publication Of a report. but she did not re-
call that Holmes ever seemed unduly insist
ent about the PRONUNCIATION Of the figures
he might suggest. Nor did she think Holmes
exerted especial effort to have the per-
centages of the June 1908. report altered.
Asked whether Holmes ever raised or low
cred the window shades. according to the
signal system described by Van Ripper. Mrs.
Burch said he moved about the ONCE freely.
but she could not remember that he ever
touched the curtains.
The government brought out that Mrs.
Burch once received a cablegram from
Statistician Hyde, who was then absent In
to be present during the preparation OF one
Of the monthly cotton reports. but she
could not recall the exact date
Jury Again Excused.
As soon as Mrs. Burchs testimony was
completed the jury was again excused FOR
the day, and the opposing counsel resumed
the arguments upon the motion of the de-
tense. Attorney Worthington. who was first
to speak. continued his argument from the
point where he was interrupted by me ao-
journment Of court yesterday and he was
prepared with a number of authorities by
which he sought to show that there Is no
law to cover such an offense as that alleged
against Holmes. He declared the code
makes all persons imp icated in the COM
mission Of a crime principals rather than
accessories. and. since the defenuant
Holmes was indicted for misconduct In OF,
fee, that 1t must follow the Others should
have been similarly indicted, rather than
for conspiracy to commit that onense.
The misconduct complained OF, he continued.
required the concurrent action OF two or
more persons-one to give out into'm atlon
and the others to receive 1t. 49,. .
And yet there Is no law which makes IL
a crime to receive Information SAID MI;
Worthington, land. therefore, we contend
the indictment for conspiracy Is improper
because Holmes could not commit the al
legged offense alone.
District Attorneys Response.
District Attorney Baker made the first
reply to the contention Of the defense and
he Immediately set up the proposition that
the United States was defrauded by this IN
formation being given out In advance, be-
cause the data was gathered at great ex-
pense for the benefit of the whole people
When ii was given out to few persons, ne
said. the few were benefited to the detrl-
ment of the many. Mr.. Baker was In the
midst of his argument when the usual noon
recess Of the court was taken.
Another Proposition.
Addressing himself to another 2roposi-
ton in the case at the opening OF the az
ternoon session. United States Attorney
Baker declared II Holmes merely gave out
the preliminary figures of one Of the re-
ports to his confederates before the final
report was prepared, the defendant was
automatically rendered unable to give fair
and impartial consideration to the prepara-
ton of the final percentages. According to
Mr. Baker, this constituted another count In
the charge against the defendant OF mis-
conduct In office.
Attorney Morgan Beach made the con-
GLIDING statement for the government upon
the motion, and he consumed less than ten
minutes in setting out the basis upon which
the Indictment and charge against Holmes
are expected to stand.
ut is the people of the United States that
this bureau of statistics is charged to serve
said Mr.. Beach, land II an official OF that
bureau dverts the whole working machin-
cry to his own ends. does not that consu-
tute misconduct in Officer" Mr.. Beach also
laid great stress upon the fact that 1t does
not matter so much what Holmes and Haas
and Peckham and the others did rs 1t does
what they agreed to do-thereby consti-
tuttng the alleged crime Of conspiracy.