Evening star., 1915-06-17
OVERRULES MOTION
TO ACQU|T HENRY
Justice Siddons Decides
Against All Contentious of
Defendants Counsel.

The motion to instruct the jury to
acQuit John william Henry. former
head of the brokerage firm of Lewis
Johnson & Co. OF charges in the thir-
teenth and fourteenth counts OF an indict-
ment alleging the embezzlement OF
checks aggregating Sal 900 was oyerruleu
this afternoon by Justice Siddons IN
Criminal Division .. The checks which
the defendant is alleged to have embez-
zled were sent by Mrs. Isabel Barklis
OF Wayne. Pa. for Investments in stock
Justice Siddons said he oyerruled tho
motion without prejudice TO the d.
fendant and that the motion can he
newed later in the trial
Following the decision of the cor e..
Former Justice Wright. who with tf-
torney Wampler. represent the defeuu-
ant. commenced an argument for an
acquittal on other counts of The ia
dictment. The jury was excused dur
ing the argument.
Attorney Wright asked the court TO
instruct the jury to return a verdict "f
not guilty on each Of the siXteen
counts of the Indictment and on thu
indictment as whole The motioI
was overruled by Justice Siddons with
out prejudice.
At this point the court adjourned
until tomorrow morning in order To
give counsel opportunity to consider
whether evidence should be submitted
for the defense or whether the defense
should rest lis case without the sub
mission of any evidence.
Diversion of Checks Contended.
Arguments on the motion to instruct
the jury to acquit Henry were contin-
ued throughout the morning session
by former Judge Wright. for the de
fense, and by United States Attorney
Laskey and Assistant United States
Attorney Archer. The prosecutors dif
fered with Attorney Wright as to the
ownership of the checks alleged to
have been embeZZled by Henry. They
contended that it still remained in Mrs.
Barklie. because the checks had been
chase Of Mexican Petroleum stock for
her account. The checks were divert
ed from that use. the government
claimed, and the crime Of embezzle-
ment was complete at the instant Of
such diversian, and that the checks
were, therefore, embezzled while still
the property of Mrs. Barklie.
Numerous decisions were cited by the
counsel for the government, who urged
that the jury should be allowed to pass
on the question of fact whether or not
any stock had ever been purchased by
the brokerage firm for the account of
Mrs. Barklie.
Alleged Purchase of Stock.
While it is the theory of the govern
ment that there never was a purchase
of stock, yet there was in evidence
statement by one of the witnesses of
self-serving declaration by the de-
fendant in a conversation with Mr..
Barklie and Mr.. Newhall that he had
purchased 500 shares of Mexican Pc
troleum, but which he claimed he was
unable to surrender, even when onered
a bonus of $4,000 over the supposed
Indebtedness of $4,000. said the prose-
cutting officers.
Former Judge Wright. concluding the
argument. enlarged on the points made
by him yesterday that Mr.. Henry. be-
ing a member of the brokerage firm
Of Lewis johnson & Co. could not be
guilty of embezzling assets of that
partnership. AS Mrs. Barkhe had sent
the checks to liquidate her indebted
ness to Lewis Johnson & Co, he
claimed. the checks became the prop
erty of the brokerage firm and no
longer belonged to Mrs Barklie as al
legged in the indictment.