New-York tribune., 1920-04-02
Four Indicted
For Supreme
Court Leak
Justice Mckenpa's Former
Secretary and New York
Stock Operator Named in
an Accusation of Fraud
I'm Southern Pacific Case
Grand Jury Alleges Men
Profted by Advance In
formation on Decision

From The Tribune's Washington Bureau
WASHINGTON, April 1.-Conspiracy
to defraud the United States of it's right
of secrecy surrounding decisions of the
Supreme Court Of the United States,
growing out of the alleged "lcak" in
the high court several months ago, in
the Southern Pacific oil lands case. is
charged in an Indictment returned to-
day by the grand jury Of the Supreme
Court of the District of Columbia
The defendants named include Ash
ton +. Embry. former secretary to AS
sociatc Justice Joseph McKenna; James
Harwood Graves, a former assistant at
torney in the Department of il ice;
Barnett L. Moses, ID Washington attor-
ncy. and +. Millard Mayer jr., a New
York stock operator.
The indictment AYERS that the above
conspred to cheat and defraud for the
purpose Of engaging in speculation
upon the New York Stock Exchange
and other stock markets, upon the faith
and advantage of private information
as to the time, conclusions and results
of the decisions given by the United
States Supreme Court
1t is alleged that Embry was to OBJ
tam IN advance the result Of the causes
pending and communicate them to the
others to enable them to make use Of
it for their joint benefit. ''therchy
bringing into question the privacy and
sanctity Of the deliberations Of the
court and the integrity and efficiency of
its justices and officials"
Profited by "Tip," Charge
The Indictment AYERS that above
~
United States government agains. the
Southern Pacific Railroad Company,
and others, and that the advance in
formation referred to was that the
United States Supreme Court had re
versed the judgment of the United
States Circuit Court Of Appeals for the
9th Circuit, which decision was against
tho United States. The case involved
title to oil lands.
Another decision of tho United States
Supreme Court which also is involved
in this Indictment is its affirmation OF
the decree of the District Court Of the
United States for the Southern District
and Northern Division of California.
which was in favor of the United States.
whereby the latter recovered from the
Southern Pacific Railway Company
large tracts of public land.
Stock Speculation Alleged
1t is charged in the indictment that
the accused. acting upon this alleged
advance information. engaged in stock
speculation and caused to be sold 800
shares Of capital stock of the Southern
Pacific Railroad Company, and that En-
bry was paid $500 ION account of the
profits upon the sale OF the said 800
shares Of stock"
The Indictment states that ON the
day the decision in the Southern Pacific
case was rendered. November -, 1919,
"lt was and from time immcmorial had
been the custom for the Su-
prcmc Court of the United States to
deliver its judgments . in open
court SO that all citizens
might and did have equal op-
portunity to know of the disposition
and decision Of appeals and cases pend
ing before the court to the end
that the confidence and esteem Of the
citizens of the United States
should be maintained and that the
court should continue and be regarded
as an impartial and public tribunal ad-
mnistcrng and declaring public law
without favor"