Every evening, Wilmington daily commercial., 1920-03-05
JUDGE SAYS NEWBERRY
AND AIDS ARE GUILTY
Could be Convicted on the Evil
dence Presented by Prose
cution, He Declares.

Grand Rapids. Mich, March 5.-Dc-
claring that the prosecution mao aircsAly
~made out prinha lacic case against
RESPONDENTS in the Newbcrry conspiracy
trial and that the jury would be justified
in finding a verdict OF guilty as the ease
now stands, Judge Sessions yesterday
denied motion by the defense to dismiss
the cases against the remaining eighty
five defendants.
The Judge also said that in dismissing
6fteen respondents on "Wednesday he
had really gone AS far as possible in sitting
out all those of whom there might he the
least doubt as to their guilt.
In closing arguments for the dismissal
of RESPONDENTS, defense counsel SAID that
not all the respondents would take the
stand, but it was desired to reserve their
rights in case that plan was changed.
Judge Sessions, in denying the motion
to dismiss, SAID: -,
II believe there is evidence from which
the Jury would be warranted in finding
verdict of guilty in each case, as the case
stands ut present.
~ have no hesitation, no doubt at
all that it would be an abuse of judicial
indiscretion if l were not to submit their
cases to the jury. There is ample testimony
TO warrant verdict of guilty, II the jurors
with the verdict as 1t should be, OF
course, the court is not concerned. That
is matter for the twelve men who SIT
in the jury box"
The Judge also said that all matters
presented in behalf of the respondents
had been very carefully considered. i he
testimony, he said, In reference to each
respondent, had been studied In an UNI
usual way.
sIfthere is substantial evidence bear
ing upon the essential clements OF the
case in the offenses charged, 1t Is the
duty of the court to submit 1t to the
jury" he continued.
"Mucb stress has been laid upon the
fact by the defense that many OF these
respondents were not acquainted with
each other. or that one defendant had
no knowledge of the doipgs of another
defendant That is a very minor mat
ter in a conspiracy charge, and may be
considered by the jury for what 1T IS
worth. 1t is not very important 1t Is
mot controlling factor at all. If there
is one question settled by the higher
authority on conspiracy, 1T Is that re-
spondents may not know each other at
ALL"
Answering the defense's statement that
IL there was a conspiracy II was car
ried CD openly In halls, through speeches
and by pages of advertising day aiteI
day, the court said conspnacies are not
formed in public halls, not at public meet
ings, nor are they proclaimed from the
housetops.
at is true that if respondent takes
part In the execution of an unlawful agree
ment, and he does so knowingly, he be-
comes as much a consprator as II ne
originated the plan or scheme, ard 1t
makes no difference whether he gets into
the coaspiracv at the first four or the
eleventh hour.
s'You cannot throw the spotlight on
one corner of the picture y du must study
and examine and consider the whole
picture as it is, and then determiDe
whether the individual defendant has had
any relation to that, taking into considera-
tion all the circumstances ard surrounds
ings."
The defense opened yesterday afternoon
by swearing about thirty character wit,
pesses to tell of the good standing and
reputation OF Grand Rapids and Detroit
respondents
George S. Ladd of Sturbridge, Mass,
and Clarence l.. Sibbeen, secretary to
Paul King, both respondents, were called
to the stand.
The first witness called by the de-
Tense, George W. Miller, editor OF The
Detroit News, was not permitted to identity
fifteen letters which it was alleged Sena-
tor Newberry wrote to him, beginning In
December, 1917, relative to Newberry s
candidacy for the Senate.
Judge Sessions ruled out the letters
on the ground that the good or bad
faith of Senator Newberry Is not on trial.
George S. Laid testified that he was
introduced to L. Y. Gibson, one OF the
defendants, and head OF the Newberry
Speaking Bureau, and that he received
SlO0 for expenses to attend meetings
as a speaker for Newberry and to dis
ci,ss good roads topics. After about
four weeks campaign, he was gwen
$3.50 to cover expenses" he said, after
he had told Gibson that "the committee
does not owe me cent. | am glad to
work for Newbcrry and my friend Earle. =
Laid denied that he had conspired
with any one to violate any law, and
said be did not know any of thdrespondents
before the trial was called.