The Washington herald., 1907-07-02

Edwin S. Holmes, jr., on trial for al
legged conspiracy IN connection with gov
ernment cotton statistics. yesterday re-
ceived from District Attorney Baker a
bitter and sarcastic arraignment. in the
course of which ne said that II the testi-
mony offered by the government was
true, and he believed It was, Holmes,
Haas, and Peckham were no better than.
and probably not as good as, men who by
violence would deprive people Of their
money. He rdiculed the idea Of Holmes
selling to Lewis c. Van Ripper, the govern
ment's chief witness, what he termed "a
hole in the ground" for s79Oo3, a mine
which, Mr.. Baker said, at the utmost has
not cost more than 500. and he asked the
jury If in their opinion a "shrewd New
Yorker like Van Ripper could have been
made sucker of in such a deal"
On behalf of Holmes, Attorney Wharton
f. Lester paid his respects to Van Riper,
whose testimony on the stand. he stated,
was tissue of lies. Everything that Mr..
Baker said about Holmes, said Mr.. Les
ter, was applicable also to Van Ripper, and
that II there had been a conspiracy, Van
Ripper was Just as much conspirator as
Holmes. Haas. or Peckham
Defense Somewhat disappointed.
The defense was somewhat disappointed
over Justice Stafford's announcement that
he would grant them but four Of the sew
enteen prayers offered. The Justices com
ments on prayer No 6, which he declined
TO grant, were significant This prayer, IN
trief, asks that the jury draw no pre-
sumption from the failure Of the defense
TO produce Haas or Peckham as wit
nesses. Justice Stafford said that these
two men chiefly must know the truth or
falsty Of the story that Holmes told on
the stand.
If there was a conspiracy" said Jus
tice Stafford. they must know. and II
there was no conspiracy. and Holmes is
/ innocent. as he maintains. they are tho
two men in all the world who can support
his story"
Justice Stafford added that this state
ment applied equally 10 Theodore H.
Price. the New York cotton broker whose
name was frequently mentioned in Van
Ripers testimony.
In refusing a supplemental prayer Of
fered by the defense that the jury be told
that Haas and Peckham would have been
arrested had they come here. Justice Stat
ford said that this was no reason for their
not testifying; that in this case their only
excuse could have been that the testi-
mony they gave might incriminate them.
Prayers Granted by Court.
Among the prayers granted by Justice
Stafford is that evidence introduced in
the case. while tending 10 prove that
Holmes and his Co-defendants derived
large proceeds from speculati0us in cot
ton. is to be considered by the jury only
in so far as II may tend to prove that
Holmes Is guilty, as charged IN the IN
dictmeIt. and that the defendant Is not
charged with having cOnspired 10 have
"A definite prearranged figure IN cotton
crop reports.
The other prayers granted we're that
the defendant was presumed 10 be inno-
eel until proven guilty; that the jury
must be satisfied beyond a reasonable
doubt. and 20 give consideration 10 the
previous good character Of the defendant
District Attorney Sarcastic.
District Attorney Baker sarcastcally
referred to the Get There Quick Club.
composed OF Holmes, Haas and Peck
ham, this appellation having been given
to the trio by Peckham while they were
at Atlantic City in 1904
"PeCkham, the man who got there
quick" said Mr.. Baker. has not gotten
here quick. nor has Haas. They are
not as quick as before this conspiracy
was discovered"
Reputation" said Mr.. Baker. IS what
the world thinks Of a man until ne IS
found out Holmes reputation was all
right until he was caught defrauding the
United States; until he was caught steal
ing and robbing from the people Of the
United States; until he was caught put
ting in a safe-deposit box his ih-gotten
gains.
Honest men do not come down from
New York and bring $4,000 and put it into
a safe-deposit box. Honest men get
drafts. but thieves and robbers hide
money"
Makes Technical Argument.
Mr.. Lester followed Mr.. Baker in a
technical argument touching the legal
points of the case mostly. He said the
question was whether certain men agreed
to do certain things. He said that if the
government had acted fairly in the mat
/ ter and believed they had a case against
I Holmes. they should have indicted him
| for malfeasance in Office. But instead of
/ this. it brought in an indictment charging
conspiracy, and on such an indictment It
was possible to open up a breach for the
admission Of testimony which under any
other indictment It would be impossible to
have accepted
Attorney Worthington will make the
closing argument for the defense, and
Morgan II. Beach will close the case on
behalf of the government. It is expected
that Justice Stafford will complete his
charge and that the case will go to the
/ jury by o'clock to-day.