Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-11-30
NEWBERRY is INDICTED
ON CONSPIRACY CHARGE
AND FRAUD IN ELECTION
Continued from First Page.)

Indictment was filed in correspondence
with this act.
The second federal corrupt practices
act which the indictments alleged was
violated was passed in october, 1918.
1t made bribery of voters q crime
after several federal courts held that
such an act was not an offense against
the laws of the United States. This
law came into being after the Mich
isan primary, but just ahead of the
election.
The state laws were brought in by
the act of 1910, which provides that
If state limits campaign expendi-
lures to less than the $4,000 named
/ in that act. then the state law shall
apply to campaigns within that com
monwealth. The Michigan statutes
limit campaign expenditures to a
fourth of the yearly salary of the
position sought for each primary or
election campaign. An aspirant for
! nlted States senator in this state
may, therefore, it was argued. spend
only S1,S13 on the primary and an
equal amount on the election cam
paiSn.
Use of Mails Involved.
The law forbidd.ng use of the
mails to defraud was first used in
election cases by Mr.. DALEY in the
Ierre Haute indictments. 1t was ap-
piled to the Newberry case as prob
apiy covering various letters sent to
campaign contributors. which letters
II was charged. were worded so as to
deceive the recipient as to tn,
amounts already collected by the
Newberry treasury.
10 meet Il probable defense thai
senator Newberry was ignorant Of
the amount of money and it's sources
used In his campaign. the govern
ment intends to use a statement is
sued by the senator's managers short
~ after the first rumors of corrup-
ton began to be heard This state
ment showed receipts of $17S,S56 and
expenditures of s17S,56S. OF the CON
tribution John s.. Newberry, the SEN
ator's brother. was credited with $S9.-
900; A. Victor Barnes of New York.
president of the American Book Com
pany and a brother of Mrs Truman
Newberry. with $4,000; Henry b. Joy
Of Detroit, another brother-in-law of
the senator. with $4,000. and Mrs.
with $4,000.
The government will attempt to
show that all these persons conferred
with Truman H. Newberry while he
was candidate, thus indicating hi.
knowledge Of the campaign. 1t als'
has a number of letters which he
wrote to politicians while the cam
paign was on. Frederick Cody. for
merly a Detroit school teacher, but
now of New York, and connected with
the American Book Company, was
named as one with whom the candi-
date conferred.
These circumstances were also USED
as a basis for the allegation of the
second Indictment, that there was q
general conspiracy to aid the senate
to obtain office illegally. There are
two counts to this Indictment, one
relating to the primary affidavits and
the other to the election statements.
Second Indictment.
The second indictment starts with
count which charges expenditures
in excess of the legal limit in the pri-
ond count alleges the same charge
with relation to the primary alone
and the third repeats 1t as to the
election alone.
The fourth count charges violation
of the state election law in that more
than $3.50 was spent in the two cam
paignS.
In this connection it was pointed
out that while the federal law does
not forbid advertising in newspa-
pers, the Michigan statute specifical-
ly limits the amounts to be spent by
candidates or their party in prediction
campaigns The statement Of expendi-
lures listed by the Newberry campaign
managers includes items which total
about $14S,000 for newspaper adver-
Using.
The count details that with the ex.
cess campaign funds district and
county agents and managers and
numerous secret propagandists and
detectives were hired and their ex-
penses paid, moving picture hlms
were bought and much literature dis
tributed, all of which acts are al
legged to be in violation of the Mich
igan law. The government agents
said they had proof that one movie
film alone cast $4,000.
The fifth count charges conspiracy
to commit thousands of offenses
against the federal act Of October,
1918, forbidding payment of money
to voters.
Charge Of False Representation.
The sixth count alleges that certain
defendants each contributed more
than the total amount allowed by law,
knowing all the time that they were
violating the statutes and that GER