The Washington times., 1920-04-01
LINK ; D. c.
MEN IN PLOT
Secretary to Justice McKenna
Accused of Revealing De-
cisions In Advance.
TRIED FOR STOCK "KILLlNG"
Conspiracy to Cheat and De-
fraud U. S. Charged BY
Grand Jury.

Ashton F. Embry, private secre-
tary, (resigned,) to Associate JUS
tiee Joseph McKenna, of the United
States Supreme Court; J. Harwood
Graves, attorney in special division,
Department Of Justice, (resigned);
B. E. Moses, attorney at law and
Washington business man; and Z.
M. Mayer, formerly major in the
United States army, were today
indicted by the grand jury on q
charge Of conspiracy to cheat and
defraud the United States in con-
nection with the alleged Teak" in
the decision of the United States
Supreme Court regarding a suit of
the United States against the South
en Pacific Railroad Company.
Expect Men to Surrender.
The penalty incurred upon convic-
tion In fne ana imprisonment up to
two years. or both, and IN tn e--s
OF 0cvsrnment officials or en1pfogsa
disability forever from hoieinS orrira
under the United States
At the Office Of United States At-
torney John =. Laskey, II ,was urass.- !
stood that the men wosxaa asnsfp
yolantarily and give be- within I
me Indictment charges thst shs
men conspirsd TO cheat and defrsud
for the purpose Of engaginF in specus
lation upon the New York StoeE e.
change. and other stock markets,
upon the faith and advantage of pri-
vate Information ~ to the time, con-
illusions and result Of the decisions
given BY the United States Supreme
It is alleged that Ashton was to
obtain in advance the result of the
causes pending, and communicate
them to the others in order to enable
them to make use of It Tor their joint
benefit.
TIVE Decisions Involved.
The indictment AYERS that above
action was committed in the case
Of the United States Government
against the Southern Pacific Railroad
Company, and others, and that the
advance information referred to was
that the United States Supreme Court
had reversed the Judgment of the
United States Circuit Court of Ap-
pea1s for the Ninth Circuit, which de-
cision was against the United States.
1t 10 charged In the Indictment that
the accused. acting upon this alleged
advance information. engaged in
stock speculation and caused to be
sold 500 shares Of capital stock of
the Southern Pacific Railroad Com
pany, and that Embrey was paid 5000
Aon account Of the profits upon the
sale Of the said 500 shares of stock
Text ~ Indietnent.
Regarding the traditional custom
OF announcing decisions in the United
States Supreme Court, the indictment
says:
That on, to Wit, the fifteenth day
Of November. in the year Of our Lord
one thousand nine hundred and nine.
teen. at the District Of Columbia, IL
was, and from time immemorial had
been. the custom and practice obtain
ing in, and governing procedure in,
the Supreme Court Of the United
States, for the said Supreme Court OF
ments and decision by public an
nouncement In open court at days and
times by the Chief Justice of the
United States and the Associate Jus
tices of the said court from time to !
time set apart, and In the presence
of q quorum of the said Justices
formally assembled, and in no other
way, so that all the citizens of the
United States, and especially the It'll
gants and attorneys, counsellers and
practitioners before the said court.
could and might and did have and
enjoy equal opportunity to be inform
ed and know, at the same time OF the
disposition and decision of appeals
and causes pending before the said
court; and without advance or private
information of such disposition and
decisions being communicated. or
made known. to any person or per-
sons by any Justice, officer, agent or
employe OF the said court: OF by any
officer or employe Of the Judges of
the said court; or by any person act
ing for or on behalf of the Unitsd
or of the said court. or of any
Of the justices thereof. In any official
function, including any secretary and
clerk officially engaged in perform
ing any official function or duty in
with the work or official
acts OF any of the justices aforesaid.
or of the said court.
And II was a valuable right and
privilege OF the said United states
to have the business, judgments and
decisions of the said court disposed
OF and announced, and given, and
rendered in the orderly manner OF the
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