Evening star., 1920-04-01
FOUR ARE INDICTED
ONSUPREME COURT
/, LEAK CHARGES
Alleged Advance Decisions
! Said to Have Influenced
Stock Transactions.
u. S, RIGHT OF SECRECY
CLAIMED TO BE VIOLATED
A. F. Embry, J. H. Graves, Barnett
E. Moses and E. M. Meyer
rs Involved.

Conspiracy 10 deIrauo TIC CH'eeu
States of its right of secrecy sur
rounding opinions of the United States
Supreme Court prior to public an
rouncement of such decisions Is
charged in an indictment returned TO-
day by the grand Jury agalnst Ashs1r MI
F. Embry. former secretary 10 MT;
Justice McKenna; James Harwood
Graves. a former assistant attorney
IN the Department or Justice; barnett
z. Moses, a Washington lawyer. and
2. Millard Mayer. jr.. said to De Ne"
The indictment is the result of an
investigation by the Department OF
Justice into an alleged leak last
November in a Supreme Court decl-
sion, which was said to nave been
made use of in stock speculation. The
advance information in the Southern
Pacific case was used. it is charged.
to sell short" 500 shares of the stock
of that company, from which. it is al
legged, $l.4I2.5o was gained by the al
legged conspirators 1t is alleged that
$500 was paid to Embry for the ad-
vance information.
Charges I'm Indictment.
The indictment AYERS:
THAT on, to wit, the fifteenth day of
November, in the year of our Lord
one thousand nine hundred and nine
teen, at the District of Columbia. it
been the custom and practice obtain
ing In and governing procedure in the
Supreme Court Of the United States
for the said Supreme Court of the
Cnited States to deliver its judgments
and decisions by public announce
ment In open court at days and times
by the Chief Justice of the United
States and the associated justices of
the said court from time to time set
apart. and in the presence Of a
quorum Of the said justices formally
assembled. and in no other way, so
that all the citizens OF the United
States, and especially the litigants
tfoneers before the said court, could
and might and did have and
enjoy equal opportunity to be Sn-
s4efnned and know, at the same time.
Of the disposition and decision of ap-.
Ieals and cs:ises peneing before the
-4kfd court. and without advance OF
nffvate Information of sucf Eisposi-
tton and decisions being -ccmmunicat :
ed or made known to any. person or
persons by any JUSTICE, officer, agent
or eTnploye of the said court. or By
any officer or employe of the justices
CT the said court. or by any person
acting for or on behalf of the United
States, or of the said court. or of any
OF the justices thereof. in any official
function. including any secretary and
clerk officially engaged in performing
any official function or duty IN con-
nection with the work or official acts
of any of the justices aforesaid. or
CT the said court; and it was a val
liable right and privilege of the said
United States to nave the business.
judgments and decisions of the said
court disposed of and announced, and
given. and rendered in the orderly
manner of the said cuctom and prac-
tice hereinbe1oTe set forth, without
any impairment of the right and priv
ilege of the said United States to
have the said decisions and judgments
Of the said court so delivered. given,
rendered and announced IN the
manner hereinbefore set forth by any
disclosure of the conclusions of the
said court in advance of announce
ment as aforesaid, and without any
impairment or interference with the
custom and practice with respect
thereto as hereinbefore set forth. to the
end that the confidence and esteem of
the citizens of the United States and
OF the !itigants and counSelers and
practitioners before the said court
should be maintained. and that the
said court should continue and be re-
garded as an impartial and public tri-
bunsl administering and declaring
public law in a public and general
manner without favor in its decisions
or in the observances of its estab-
disposition of its business and the per-
formanee of its judicial functions, and
in the secrecy. efficiency and sanctity
OF Its deliberations. and the integrity
OF its officials and confidential at
taches, as one Ashton F. Embry. here
matter named, then and there well
knew"
Profit Agreement Charged.
II is also alleged that the accused
conspired and agreed that for the pur-
pose of speculating on the stock market
Embry was to furnish advance notice
OF decisions to his alleged associates
and was to share in the profits from
the use of the information.