New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-12-03
LAMAR TO KNOW
HIS FATE TO-DAY
Admits Charge of Imper-
sonating Palmer and Will
Make No Defence.
JURY WILL GET
CASE BEFORE NOON
Conviction May Mean Three
Years in Prison and $1,000 Fine
-Blackmail, Prosecutor Hints.

David Lamar will know by luncheon
time to-day whether he is to be free
to 90 about in the financial district or
20 be confined in a steel cage in the
federal prison at Atlanta for term Of
years. With only District Attorney
Marshall's closing argument for the
government and the judges charge to
be delivered, the case should be in the
iury's hands before noon to-day, and a
verdict is looked for in the early after
noon.
In the event of conviction the maxi
mum penalty is three years in prison
and $1,000 fine.
Mr.. Marshall told the court yester-
day that he would tell the jury that
Lamar's scheme involved unending
blackmail Of the firm Of j. p. Morgan
& Co.
"Had Lauterbach been given $4,000
or 100000 for his proposed services,
even 10000" said the District Attor-
ney, "the payment of that money would
have been made the basis of blackmail
upon the Morgan firm and its members
as long as Lamar and Lauterbach lived.
They could have gone to the firm and
said: we know why you paid this
money for Congressman Palmer, and
unless you pay we will tell They
would have forced the firm to have
paid through the nose"
Lamar yesterday surprised the gov
eminent by admitting without a con-
test that he had impersonated Repre-
sentative A. Mitchell Palmer in tele-
phonic conferences with Lewis Cass
Ledyard. He had admitted this before
the Senate investigating committee,
but this admission could not have been
used against him, and to prove its al
legation the government had small
army of witnesses under subpoena,
some called to New York from consid-
cradle distances by wire at the last mo-
nent.
"There is no need of making a mys-
terry about this thing" said Henry (.
Davies, chief of Lamar's counsel, in
making the admission that shortened
the trial by at least two days. ave
admit that it was Lamar who tele-
phoned Mr.. Ledyard as Congressman
Palmer"
Surprise number two came when,
after Paul Cravath had testified that
Lamar had admitted to him that Led
yards testimony before the Senate
committee was correct, Mr.. Marshall
rested his case. Number three followed
Immediately after, when Mr.. Davies an
nounced that he had no evidence to
offer and made the usual motion to or
der a verdict for the defendant and to
strike out all of Mr.. Ledyard's testi
mony, which was another way of ask
ing for q verdict.
For two and one-half hours Davies
urged these motions only to have the
court deny them. and it was a tired,
weary looking Lamar, with all the
jauntiness that had marked him since
the opening of the trial missing, that
listened to Mr.. Davies's final plea to
the jury.
Mr.. Davies's main contention was
that in impersonating Palmer he did
not impersonate Palmer as a Congress
man, but as a leader of his party,
Gust as W. F. McConlbs or Josephus
Daniels might have done"
Should a verdict be returned against
Lamar to-day. he will take his case 20
the higher courts on a writ of error.
His counsel has saved more than a
score Of exceptions, the principal con-
tention being that a member Of Con-
gress is not federal officer. He may
obtain his freedom or bail while this
is being argued but the government
will probably ask that bail be fixed at
at least S50. 900