New-York tribune., 1920-03-19
Newberry Case
Goes to Jurors
After s w eeks
Twelve Men Excused for
Night After Instructions
i'm Which Court Outlines
5 Variety of Verdicts
9 Conspiracy Is Defined
Senator's Guilt, JudgeHolds,
Depends on Whether He
Permitte Violations

GRAND RAPIDS, Mich, March 1s.-
Tho jury to-day began deliberation on
the case Of Senator Truman H. New
berry and eighty-four other Michigan
political leaders, who for eight weeks
have been on trial charged with con-
spiracy to violate state and Federal
election laws and to use the mails in
a scheme to defraud contributors to
Newberry's 1918 campaign fund.
Less than an hour after the jurors
retired they were excused for the night
by Judge Clarence w. Sessions and
told not to discuss the case again un-
til o'clock tomorrow morning.
A number Of different verdicts was
outlined as possible findings by Judge
Sessions in his instructions. With only
two counts left in the indictment, the
jury might return verdicts Of guilty on
either or both Of the counts, as to all
the defendants. But if the verdict dif-
fered as to individuals, 1t would be
necessary to make return on each
of the eighty-five.
Senator Newberry Named
Senator Newberry was the only in
dividual mentioned in the courts final
words to the jury. Judge Sessions said
that under the frst count 1t was neces-
sary for the government to establish
that there was an agreement, under
standing or plan, expressed or implied,
by two or more of the defendants, that
Newberry be persuaded to use, give or
contribute or cause to be used, given
or contributed campaign fund in ex-
cess of $3.50.
Judge Sessions construed the cor
rupt practices act, which he said "cX-
pressly recognizes the evil of the use
Of large sums Of money" in political
campaigns. He said the Federal limi-
tation Of $4,000 in a campaign did not
apply in this case, because the Michigan
statutes set the lower figure, and
added:
"If you are satisfied that Truman H.
Newberry at or about the time he be-
came a candidate was informed that his
campaign would require the expendi-
ture of more than the law allowed and
yet with such knowledge became a
candidate, and thereafter, by advice
or conduct, actively took part in the
use of an unlawful sum, you will be
warranted in finding that he did violate
the corrupt practices act"
Conspiracy" Defined
The court said that Conspiracy" was
not difficult to understand, and de-
fined it under Federal law as being an
agreement between two or more persons
to commit an offense against the United
States. He said that common under
standing was sufficient to establish q
conspiracy, and that neither the intent
to form one nor the conspiracy itself
need be proven as such.
Criminal intent is one Of the essen
tial elements of a conspiracy, Judge
Sessions said, but he held that the gov
ernment was not bound 70 show that
the accused men knew they were vio-
lating law.
"Unlawful acts cannot be justified by
innocent intent" said the court.
The court said the jury would be
warranted in finding that the con
spiracy existed if they were satisfied
that some Of the respondents planned
to procure the nomination and election
Of Newberry by the use Of sun, in
excess of $3,750, and that there wa. a
definite understanding that Newber, !.
himself should take part in the casn
paign, and did so take part by conducy
| advice or counsel.