Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-05-30
BY DUKE WELLINGTON.

For the second time in the space
of SIX months person charged with
conspiracy has pleaded non-vult to
that charge, gone on the witness
stand and given testimony against
ms alleged fellow conspirators, only
10 nave the jury return a verdict of
not guilty in the case of the men, all
OF them in tho first instance and two
OF them In the second, who stood
trial.
The first case several months ago
was one where the Public Service
halfway Company sought to prove
conspiracy against three brothers
named Lennon, Clinton Todd, David
w. Davie and Alfred Sutcliffe. This
case arose out of an alleged fake
accident whereby the Lemons col
leeted damages from the railway
company for an automobile smashup.
In this instance Davis and SUIT
cllffe pleaded non vult, turned State s
evidence and gave testimony against
the three Lemons and Todd. De-
spite the fact that Sutcliffe and
Davis said a conspiracy had existed
and told the details of it, the trial
jury found the four men who stood
trial not guilty.
The second instance was last night
in the trial of William G. Armstrong,
William j. Thompson and A. Ran
dolph jennings charged with con
spiracy in connection with the cash
of the Roseville Trust Company last
August. In this instance Raymond
E. Smith, Jointly indicted with the
three men named for conspiracy
pleaded non vult and was the star
witness for the State.
This case, however, was triflc
different from the Lennon-Street
railway case, as Smith did not
charge that Jennings and Thompson,
or Armstrong, for that matter, had
been in a conspiracy with him. He
simply testified for the State as to
his dealings with Armstrong and told
the jury that Jennings and Thomp-
son were both aware of the fac;
that Armstrong; account was heav-
lily oVerdrawn. In this case Arm
strong was found guilty while Jen-
niEgs and Thompson were absolved
from the conspiracy charge.
1t is doubtful if even Prosecutor
Louis Hood, himself, expected a con-
viction of Armstrong up to the time
the latter had been called to the
witness stand in his own behalf
From the testimony of Smith and the
other witnesses for the State it was
apparent even to those not versed
in legal matters that a prima facia
case of conspiracy had not been
made out against Armstrong. Jen-
nings and Thompson. At no time IN
the case was the charge proven as to
Jennings and Thompson, but with
Armstrong 1t was different.
Armstrong, on the witness stand
Willingly and apparently anxious to
do so, told of deals between him
self and Smith in which the Home
lee and Product Company, con-
Germ of which Smith was president
figured An exchange of notes and
checks in this transaction, which by
the way was never consumated!
gave the prosecutor his first real
hope of proving the conspiracy
charge, while the clinching one
came when Armstrong in great de-
tail explained a deal with Smith
whereby the Abingdon Construction
Company suddenly sprung into exist
enee one morning and by noon
checks and notes to the amount OF
thousands of dollars" to quote
Armstrong; own words, were signed
and ready to finance the deal.
That Armstrong got cold rect