Evening star., 1915-06-16
MOVES ACQU|TTAL
OF JOHN ". HENRY
Counsel for Defense Tells
Court That Governments
Case Has Failed.
ACTION is OPPOSED
BY U. S. ATTORNEYS
Last Witnesses for Prosecution
Heard During Morning Session.
Archibald Barklie Testifes.

Motion to instruct the jury to acquit
John William Henry, former head of
the brokerage firm of Lewis Johnson
& Co, of the charge Of embezzling
checks aggregating 900 sent by Mrs.
Isabel Barklie of Wayne. Pa. for in
vestments in stocks. was made this aft
ernoon. An extended argument in ia
vor Of the motion was presented by
former Justice Wright, counsel for the
defense, to Justice Siddons in Criminal
Division 2. The motion was opposed by
United States Attorney Iaskey and AS
sistant United States Attorney Archer.
Former Judge Wright declared that
the governments case had failed be-
cause the testimony tended to show
that the checks alleged to have been
embezzled were not the property of
Mrs. Barkfie, but were partnership as
sets OF the Arm of Lewis johnson Co.
Of which Mr.. Henry was a member.
The lawyer contended that a partner
cannot be guilty of embezzlement
when he appropriates to his own use
an interest.
Counsel for the defendant urged that
the checks were drawn payable to
Lewis Johnson & Co., and were in
tended by Mrs. Barklie. according to
her admissions on the witness stand,
to settle an Indebtedness to that firm
for stocks to be purchased for her ac-
count. Thus they ceased to be her
property, and the Indictment. having
laid the ownership in her, said the
lawyer. fs not sustained by the PROOF
and his client should be acquitted.
Government Case Closed.
The government announced its case
closed shortly after the court as
sembled this afternoon.
During the morning session testi-
mony for the prosecution was given
by Archibald Barklie of Wayne, Pa; !;
Byron U. Graham and H. Rozier Dulany.
two of the trustees of the bankrupt
estate of the defunct brokerage firm,
and ]. Miller Kenyon. who was one Of
the receivers of the firm pending the
election of trustees. The last three
told Of the care taken to safeguard
the books of the firm. and could not
moved from the books and records of
the concern.
II told him I had more respect for
burglar-those were my words" tes-
tined Mr. Barklie when giving his
version of scene in the office Of Lewis
johnson & Co. when Henry was first
accused OF embezzling the funds sent
by Mrs. Barklie. Witness said he
was then addressing the defendant
"You didn't tell him that YOU would
hand under your pillow and take your
watch. did you?" inquired Judge Wright
in cross-examination.
Il did not" responded Mr.. Barklie
The inquiry Of Judge Wright en-
bodied the statement of c. Stevenson
Newhall. who testified yesterday as to
the words used by Mr.. Barklie on the
occasion OF the interview.
Came to Pay Debit.
Mr.. Barklie said he came to Washing
ton last October prepared to pay a debit
Of $4,000 shown by q statement to his
wife to be due on account Of the specula-
ton by her. The payment was to be con-
ditioned on the surrender of the stock, he
said. Henry first explained, said the
witness. that owing to the closing down
Of the New York Stock Exchange he did
not wish to disturb his loans. Later the
accused admitted, said the witness, that
he had sold the stock
Mr.. Barklie declared he then offered
a bonus Of $4,000 for delivery, intend
ing to cover any money due in the
event OF 4 loan having been secured by
the accused broker on the stock az q.
pledge. but witness asserted Henry de-
clared he was unable to produce the
stock.
The witness said he had spent sew
eral months in Washington during the
winter of 1909-1910. and many Of the
business hours In that interval were
passed by him In the brokerage rooms
of Lewis Johnson & Co. 1t was then
that he first became acquainted with
Mr. Henry. said the witness
Tells Of Henry's Remarks.
Testimony regarded as damaging to
the defense was introduced yesterday
afternoon by the government after The
Stars report closed c. Stevenson New
hall Of Germantown. Pa. treasurer Of
the Pennsylvania Company for Insur-
ance on Lives and Granting Annuities.
testified as to TWO conversations with
Mr. Henry, in which the accused was
said to have admitted that he did not
have tho 500 shares of Mexican Pc
troleum in which Mrs. Barklie had in
vested, and that the shares were hy-
pothecated. some with local bank
and others in New York.
Witness said that in company with
the husband of Mrs. Barklie he had
offered Mr.. Henry $4,000 in addition
to a debit balance of $4,000 IT Henry
would deliver the stock. He declared
that the broker asserted that the sum
would not be Of material benefit to him.
For Honor Of Firm
IT then asked Mr.. Henry to explain"
said the witness. why he had asked the
Pennsylvania company to pay him $780,
600 on Mrs. Barklie's account when he
no longer had the stock. The answer
WAS For tho honor of Lewis Johnson
& CO."
Mr.. Newhall stated that the accused
broker intimated that the firm was
nra ctically insolvent. and in response
nIe to continue deposits of money with
the Arm said it was done to keep the
house open"
witness used the word tender" In
with his offer to Mr.. Henry
to redeem the stock. but on cross-ex
nination by Judge Wright admitted
there had been no legal tender.
TROPICAL MEDICAL MEN
END TWELFTH MEETING