New-York tribune., 1918-06-27
Emerson Motors
Case Expected to
Go to Jury To-day

5 Freed of One Count
Court Also Directs Verdict of
Acquittal for Henry B.
Humphrey
The final act of the drawn out
Emerson Motors trial began in the
United States District Court here yes
terday. BY tonight it is expected that
both defence and prosecution will have
finished their summing UP and turned
over to the jury the fate Of the dow
priced motor" company which so pre-
tentiously set out to rival Ford.
In presenting general summing up
for all the various defendants now on
trial before Judge Martin r. Manton,
George Gordon Battle made no attempt
to answer in detail the complicated
charges which, with the aid of nearly
hundred witnesses and moro than five
hundred documents, Assistant United
States Attorney James w. Osborne, 3D.
has been developing since the case
opened, on May %.
Particularly noticeable was the de-
Tending attorneys omission of any ref
erence to the S2O.50O that has figured
so prominently in the trial and which
many witnesses have testified was dis
patched to Boston by the Emerson in
terests to prevent the District Attorney
there from investigating the nature of
the company's activities. No mention
was made, either, of the arbitrary
price-rigging upon which the govern
Admits They Made Mistakes
Details of that character, he said, he
left for succeeding counsel. For his
part, Mr.. Battle declared that he was
content to confne himself to the broad
foundation upon which these details are
to be based in to-day's arguments.
"These men have made Mistakes" he
said, "but they are not indicted here
for making mistakes. they are ndict-
ed for participating in scheme to de-
fraud" He read from Mr. Osborne's
opening speech, in which the Emerson
scheme was stigmatized as conceived
in fraud, foredoomed to failure in its
organization "and from the date $, it
became concept It was never any
thing more nor less than q stock-selling
scheme"
The governments own witnesses, Mr..
Battle contended, had refuted these
charges.
The transfercnce of 5000 900 worth
of the stock to Robert Craig Hupp in
exchange for "plans, designs and spe-
Mr.. Battle said, had been
made merely to render the stock of the
worcestershire, and he point
ed out that later Mr.. Hupp had divided
this stock equally among the four pro-
moters. ... s9a -
In the same connection, counsel for
the defence maintained that the pro-
moters, in tying this stock up for three
years in "voting trust, virtually had
guaranteed their intention to proceed
with their automobile business in a
legitimate way.
The war and the "animus" of The
New York Tribune, he added, had been
largely to blame for the Illustrations
of their good intentions.
Whatever real blame does attach to
the tiasco which cost the public so dear
rests, Mr.. Battle intimated, with Colo
mel Willis George Emerson, who is not
on trial for the reason that he is con-
fined to his home in Chicago with
paralysis.
Colonel Emerson" the attorney said,
"seems to have been the fly in the
ointment-the disturbing element in
counts, he seems to have been a good
deal Of blow-hard and false alarm
The advertisements which
have been read here would appear to
bear that out About two-thirds of
their contents were about Emerson,
and about one-third about the Emerson
car. Altogether his efforts were, l
think, more OF a hindrance to the COM
pany than a help"
For the circulars and letters put out
by his own client, N. F. Wilson, the
broker who operated under the name
of c. r. Berry & Co., Mr.. Battle de-
by the defendant. They were, he con-
tended, justified by the preliminary
statement of the Emerson car prepared
for Mr.. Wilson by Hupp and T. A.
Campbell.
Holds Hopes Were Justified
eff these men had been engaged in
~ OulOLIAS d 4Ahc SOiHPou oo VIC 6ON-
ernment alleges" he said, "they'd have
started selling stock and put the money
in their pockets. But they didn't do
this. There is no evidence in this
case that Hupp or Campbell or Elner-
son made any money out Of the sales
of this stock.
Great stress was laid by Mr.. Battle
on the extreme prosperity of the coun-
try in 1916, when the Emerson venture
was launched. 1t justified their ro
seate hopes, he said.
In concluding Mr.. Battle made
strong plea for mercy for the defend
ants on humanitarian grounds.
"If these men have been indiscreet or
overconfident," he said, "they've been
terribly punished already"
Following Mr.. Battles address,
Colonel William Michael Byrne put in
the case for the defendant broker, Will
H. Stctson, and William H. Garland
presented an argument for George B.
Clifford, one of the Emerson directors
on trial. In both cases lack of sufficient
with Emerson headquarters
was the ground upon which acquittal
-