Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-01-27
NEWBERRY AND
ELECTION PALS
COME TRIAL
Prosecutor Daley Expects
Jury to Be Completed
Tomorrow Afternoon.
40 ATTORNEYS IN CASE

GRAND RAPIDS, Mich, Jan. ~
Michigan politics went on the operating
table here today.
The ins1des of the states political his.
tory for the last three years were to be
dlssected and held up for public scrutiny
with the opening Of the trial of United
States Senator Truman H. Newberry and
134 OF his cohorts. charged with corrupt
Ing the ballot box. A petition of the de-
Tense attorneys challenging the jury
panel on the grounds that 1t was i'm
properly selected, ONE of the defendants
being absent. was denied.
By the time the story Of the bitter con-
test between Henry Ford and Newberry
for M~ichigan's seat in the senate in 1915
is carved out n kicked around the
courtroom there promises to be not even
a skeleton left in concealment.
CHARGE FRAUDS
IN 1918 PRIMARY.
aNewberry and his aides stand accused
of using fraudulent means during the pri-
mary and general elections in 1918, when
Newberry defeated Ford in the senatorial
race. The prosecution claims ST. 600, 0O0
more was spent in obtaining Newberry's
election. The limit set by Jaw is SIC, 600
The senator also is charged with filing
a false statement of his campaign ex-
penses and covering, up the huge amount
alleged to have been. spent. The trial
opened before United States District
Judge Clarence W. Sessions.
Efforts were made to obtain a delay
at the last minute because of many of
the principals suffering from influenza,
but Judge Sessions ruled the trial should
proceed.
ILLNESS EXCUSES
PROSPECTIVE JURORS.
Physicians certificates, showing sew
eral of the men summoned as prospec-
tive jurors were suffering from the dis
ease. were presented to the court. They
were excused.
Judge James o. Murfn Of Detroit, one
OF the leading attorneys for the defense.
was seriously. i'll. His associate attor-
neys asked Judge Sessions to postpone
the opening Of the case until Murfin
could attend, but the court refused.
The court instructed attaches to take
great precautions to prevent spreading
OF the Influenza. Members of the venire
We're told by Judge Sessions to take all
possible precautions to safeguard their
health. They were given the usual in
Structions, including warning against
talking among themselves or to anv one
else about the trial.
DEFENSE PROTESTS
YENIRE METHOD.
The opening move by the defense was
expected at the start of the trial. At
torneys for Newberry announced thew
would protest against the method taken
by Judge Sessions in eliminating those
men from the venire who the judge be-
lleYed were unfit for jury service because
of physicalf disability or other reasons.
Frank c. Daley, in charge of the
prosecution, hopes to see the jury com
pleted by tomorrow afternoon. Several
government witnesses have been sum-
moned to be on hand at that time, ready
10 testify If the jury is chosen.
DALEY will be assisted in the prose
cutlon by his fellow townsman, Judge
w. A. Eichhorn of Button, Ind. Daley
enters the case with a record of sue
cessful prosecution Of election frauds
behind him. He was in charge OF the
prosecution of the notorious Don Rob
erts gang of Terre Haute, md, and
also IF the later Indianapolis election
frauds.
Other government attorneys include H.
Dale Souter, former United States at
torney for the Grand Rapids district,
and Oliver Pagan of Washington. DC
The bureau of Investigation axnerts
headed by Earl Houck of FIT. WAYNE,
IND, will assist the government.
r ATTORNEYS
To PARTICIPATE.
About forty attorneys are expected
to participate in presenting the defense's
case. Martin W. Littleton of New York
heads the defense's legal array. George
r. Nichols will have charge of the de-
fense's case during the jury selection.
Senator Newberry, accompanied bv the
0tbeF main defendants, arrived in Grand
Rapids last night. Included in the partv
were John Newberry, brother of the
senator; Paul H. King, secretary of the
Newberry campaign committee, and Al
len A. Templeton, manager of the cam
paign committee.
Newberry was fresh from his thirtv-
six hour journey from Washington and
stood mute" when questioned by news
paper men regarding the case.
On the eve Of the opening of the trial
Allan K. Moore, Grand Rapids, printer.
and Neil R. Walsh of Owosso, former
prosecuting attorney of Shiawasee coun-
ty, changed their pleas of not guilty to
nolle contendere.
As the trial opened, nine of the ac-
cused men had pleaded nolIe contendere
and the remainder mot guilty" The
nolle contendere plea allows the respond .
ents to pursue their regular business
without appearing in court and guaran-
tees immunity from a prison sentence if
found guilty.
r IVY NV TDT mo