The news scimitar. (Memphis, Tenn.) 1907-1926, 1920-02-03
COUNSEL DEFENDS
~NEWBERRY;; SAYS
ALL WAS HONEST
Outlines Defense Senator Will
Offer to Michigan Jury in
His Trial for Alleged Ballot
Frauds.

- GRAND RAPIDS, Mich, Feb, a.
Truman II. Newberry entered the 1918
senatorial campaign in Michigan at the
solicitation of others and not in fur
theraEce of scheme to get seat in
the senate said James o. Muffin, Of
Detroit, in outlining to the jury in
Omitted States district court the atti-
tude the defense will assume TOWARD
the charges of conspiracy and fraud for
which l2S men are on trial.
Mr.. Murfin explained the defense's
view of the specific details of the
ottenses charges in the six counts of the
indictment, emphasizing that conspiracy
Is the essence of the charges.
. II was pointed out that on the first
four courts 1.-The gist of the charge is
not fraud in the election, corruption in
the election, or anything of that de-
scripuon, but that these respondents
are charged with conspiring to aid, abet
and assist and encourage Truman H.
NeWberry to commit an offense, tO-wit:
The offense of expanding more of his
money than the law allows"
1t was further argued that under
the Michigan law, as long as expenses
come within the enumerated classes in
the statute, there is no limit as to the
amount of money a committee of a
candidates friends can spend in his be-
half"
1T is my purpose" Judge Muffin
told the jurors, ito point out to you
in exact detail everything that was
done by anybody connected with this
campaign in order that you may un-
derstand it in its infinite details. The
campaign was unusually hot, and in
analyzing and considering what these
respondents did, the atmosphere under
which they did it should be considered.
Refers to War.
Our country was at war, as the
campaign began to liven up we had
Just passed our first year of participa-
ton and the situation was critical in
the extreme. The fate of the civilized
world was hanging in the balance with
the last German drive at its height,
the channel ports threatened and the
German advance armies within 80 miles
of Paris.
THE records will show that Michi-
gan sent to tbs war 10000 young men
in the army, navy and marine corps;
they left behind them fathers, relatives
and friends. Americanism and patriotic
excitement were at their very crest.
While there had been rumors in
Michigan that Henry Ford would be a
was actually announced on June IA,
1918.
Rightly or wrongly-and this is
neither the time nor the place to dis
cuss it-there was very general feel
ing that Mr.. Ford did not represent
critical juncture, should represent his
state in the United States senate.
Rightly or wrongly, many people re-
' membered his campaign against mill
tary preparedness. Many people re-
membered his well-meant, misguided
efforts to bring about what now ap-
pears would have been a German
peace. Many people were bitter over
the fact that he was not active in the
war and that none of his family had
become active in the war.
"On the other hand, Commander
Newberry had had an honorable record
in the Spanish-American war. when in
the navy he was under fire and active
~ participated in overcoming a superior
force. He had been secretary of the
navy in the cabinet of that militant
American, Theodore Roosevelt.
within 48 hours after our country
threatened to enter the world war he
volunteered and in the spring of 1917
was commissioned lieutenant
mander and made aide to the COM
at New York. His brothers and his
two sons were also in military service.
Patriotism Helped.
This combination of circumstances
reused many man in Michigan to the
belief that 1t was his patriotic duty to
do all in his power to assure the selec-
ton of Commander Newberry, and we
expect to conclusively show that they
We're prompted not by pay. but by pa
triotism-that they were actuated not
by avarice but by Americanism.
Getting into this campaign was not
of the choosing of Commander New
berry and he entered with the utmost
reluctance and only after repeated urg-
ing. AS early as August 1917, when it
was generally understood that the
j., senior senator from Michigan, William
, Alden Smith, would not be candidate
to succeed himself, group of repre-
sentative citizens had a conference on
the senatorial situation. In addition to
the governor of the state there attend
ed publisher, banker, a lawyer, a
soldier and business man.
AFTER CanvaSsing the qualifications
of other distinguished Republicans it
was their composite judgment that they
yshould organize movement to elect
Truman Fl. Newberry. Their desires
were communicated to the commander
(Who. by the way, never left his post
of duty from the spring of 1917 until
the war was over). Mr.. Newberry ex-
pressed doubt as to the propriety of his
being a candidate and after a brief ex-
animation and discussion he declined
to be drafted into the campaign and re-
fused to further consider the proposal
In December and January this move
ment continued to gather force until
finally the commander seriously set out
TO determine whether it was his duty
and would be desirable for him to run
1T was not until this had all hap
pened that he consented to the use Of
his name. He stipulated that he could
not leave his duties; that he could not
be active and that he could not con-
tribute one dollar to this movement.
This determination not to be active nor
to contribute one cent was relgiousy
adhered to by him from the beginning
to the end and the proof will positively
show that not one dollar of his money
was ever handled by anyone.
THE organization that was subse-
quently built up under the supervision
of Mr.. Paul H. King was undoubtedly
the most perfect political organization
ever put together. With a few con-
spicuoua exceptions every township,
hamlet and city in the state was or
gapized, The commander was running
against the best advertised man in
America. 1t was indispensably neces-
sary, in the judgment of these re-
spondents in principal charge of the
campaign, that his qualifications be
given the widest publicity. A general
advertising campaign of newspapers
circulars, pamphlets and similar devices
was organized, in charge of the most
skillful publicity men who could be
found-who did their work thoroughly
and with absolute honesty"
From this point the attorney told the
jury in detail the connection of moap