New-York tribune., 1920-02-04
conversing in New York regarding the
Newberry candidacy, had said:
IT VIII be great time for the boys
In Michigan because they will spend a

"it VII be great time for the boys
In Michigan because they will spend a
barrel Of money"
Prior to the introduction of testi-
mony, Allen V. Recs, attorney for
three of the defendants, objected to
turther proceedings on the ground
that the Indictment was insufficient in
thst IL did not allegc any knowledge
by the defendants Of any acts which
would be otfenscs under the Federal
law. Judge Sessions ruled against the
point.
Another legal point WAS brought up
at the morning session when the de-
fense indicated an intention to link
several provisions Of the state cleo
ton law with the Federal statutes.
Judge Sessions had previously ruled
that by the union Of Federal and state
laws proper campaign expenditures
IN Michigan for United States senator
were limited to S3,75O.
Would Not Let Down Bars
Assistant Attorney General Daley
said tonight that even if the state
law were applied generally it. would
ernl Limitation Of $4,000 for Sena-
torial campaign expenses He also
pointed out that Federal laws forbid
campaign purchases of newspaper ad-
vertisng space, and that the reports
filed by the Ncwberry organization
acknowledged that moro than $4,000
had been used for that purpose.
foilowing completion early to-day of
the statement for the prosecution by
Mr.. Daley: Mr.. Murfn presented the
statement for the defense. He insisted
that Senator Ncwberry entered the
race at the solicitation of others, and
that his object was not to defraud but
to defeat Henry Ford, "the most
widely known man in Michigan"
At the outset Murtin said the charge
OF criminal conspiracy brought against
Newberry would fail. because the Sem
ator spent mot single cent of his
money in the campaign. Later in the
day he corrected this assertion, ex-
planning that, besides paying some New
York hotel bills out of spirit of hos
pitality for which nc had been famed
in Michigan, Newberry had given ST.
500 to the state Republican committee
a day or two before the general cleo
tion.
Murfin reviewed the national situa-
ton a: the time OF the campaign, re-
calling that the United States had been
vt war year, 'the fate of the civil
'zed world was hanging in the balance,
with tho last German drive at its
HciSht, ana the NCTmAn ArT.leS within
thirty miles of Paris"
Refers to Ford's Policy
"Americanism and patriotism were at
their very crest" continued Mr.. Muir
fin. Rightly or wrongly-and this is
neither the time nor the place to dis
cuss it-therc was a general feeling
that Mr.. Ford did not represent the
type of American, who, ut that 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-mcant, misguided
efforts to bring about what now ap-
pears would have been 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 New
berry had had an honorable record in
The Spanish American War. when in the
navy, he was under fra and actively
participated in overcoming q superior
,orce. He had been Secretary of the
Navy in the Cabinet of that militant
American, Theodore Roosevelt.
Within forty-eight hours after our
country threatened 20 enter the World
War, he volunteered, and, in the spring
OF l9l7 was commissioned lieutenant
commander and made aide to the com
lnandant of the Third Naval District Of
New York. His brother and his two
sons were in giltarv service.
Actuated by Patriotism
This combination Of circumstances
reused many q man in Michigan to the
firm belief that it was his patriotic
/ duty to do all in his power TO assure
the selection OF Commander Newberry,
and we expect to show conclusively
that they were prompted not by pay
out by patriotism that they We're ac-
tuated not by avarice but by Ameri-
canism.
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 understood generally that the SEN
lor Senator from Michigan, William
Alden Smith, would not be a candidate
TO succeed himself, a group Of repre-
sentative citizens had a conference on
the Senatorial situation. In addition
10 the Governor OF the state there at
'ehdea q pubilsher, a banker, a lawyer,
soldier and Il business man.
After canvassing the qualifications
of other distinguished Republicans, it
was their composite judgment that
tney should organize q movement to
elect Truman H. Newberry. Their de-
slres were communicated to the COM
mander (who, by the way, never left
his post of duty from the spring of
1917 until the war was overl. Mr.
Newberry expressed doubts as to the
propriety of his being candidate and
after a brief examination and discus