Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-03-31

a verdict. guilty. as indicted be re-
turned if the jury found that stock de-
liveries were not contemplated IN the
transactions carried on by Mr.. Wade.
The Defense Heard.
Attorney John Laskey began the sum-
ming up for the defendant. and first re-
viewed the law which guarantees that
no prejudice against man shall exist
by reason of an indictment being found
against him.
ANY man. any of you. or /. myself.
have the God-given right to buy anything
we want. and to sell anything. whether
We have it to deliver or not. said Mr.
Laskey 1T is our right to enter into
contract TO deliver anything at any future
time
The attorney r!dicuied many OF the
statements Of Otto r. klinkey. one of the
governments witnesses.
Objection from United States Attorney
Baker. sustained by Justice Barnard. pre-
vented Mr.. I.aSkey from commenting at
length upon the fact that one of the wit
nesses who appeared before the grand
jury had not been called In the trial of
Mr.. Wade.
The defendants attorney commented. In
turn. upon the points evolved by the
government. namely. that the fact that
no interest was charged stamped Mr.
Wades establishment as d bucket shop:
that the wire charge" which the wit
ness Holland testified he received was
exactly half the commission charged by
MIR Wade, constituted proof to the same
end and that the non-delivery of shares
of stock indicated the alleged crime.
In answering the propositions Mr.. Las
KEY declared that any failure to charge
interest was matter OF the defendant
own business. and that he had a perfect
right to do so if the meeting of competi-
ton made il necessary or advisable: that
the wire charge matter was only coin
cidence. and that ii was not the monde
livery of stock which constituted a crime
unless such was the intent or agreement
at the beginning Of a transaction.
Afternoon Session.
Attorney Laskey concluded his argu-
ment at 1870 o'clock and at that hour
Justice Barnard ordered the luncheon re-
cess.
AT o'clock Attorney Davis entered upon
the final address for the defense. Mr.,
Davis declared first to the jury that it
must find that Wade knowingly and in
tentionally made bets on the fluctuations
Of various shares in the stock market be-
fore verdict of guilty could be re-
turned.
The mere finding OF a blackboard, a
telegraph wire and an instrument. a
ticker and other paraphernalia in MIR.
Wade's Office is no indication of his guilt
or innocence. because We know that the
so-called legitimate brokers cannot con-
duct their business without similar ad-
juncts." said Mr.. Davis. And that is
why / refer to them in this way. wipe
them out of the case. They make no
difference one way or the other
The attorney read from one Of the order
slips seized when the Wade establishment
was raided. and laid emphasis upon the
printed provisions that "Threa days
notice is necessary to secure delivery of
stock"
Mr.. Wade delivered one of these con-
tracts to every one from whom he ac-
cepted an order Mr.. Davis continued
and ii was up to the customer to de-
clare himself as dissatisfied with the
terms. In the absence OF any such dec
laration Wade certainly was entitled to
believe that the deals were going through
on his terms. and you must find that
Wade understood that no delivery of
stock was either expected or intended II
you would find him guilty of this charge
against him"
United States Attorney Closes.
Mr.. Davis finished his argument al I 30
O'Clock and United States Attorney Baker
Immediately began the closing address
for the government.
The other side would have you think
Mr.. klinkey little less than a felon. They
would try TO divert all of your attention
to this man-an honest man--an agent of
the United States government, and have
you believe him liar. Such an attack
is unfair.
Both attorneys for the defendant have
dwell so much upon the necessity for you
10 find intent on the part of Wade that
it would seem you must find some way
TO actually look into his mind" Mr.. Baker
continued. II leave 1t 10 you il a mans
own acts are not the best outward indi-
alton or evidence of his intent"
Mr.. Baker was In the midst OF his argu-
ment when The Stars report closed.