New-York tribune., 1920-03-21
Senator and 10 Others
Convicted of Conspiracy
in Michigan Senatorial
Election Fraud Case
Announces He Will
Not Resign His Seat
Frank Cody, of New York,
Also Receives Extreme
Penalty Under the Law
Speeiol Dispatch to Tho Tribune

Special Dispatch to Tho Tribune
GRAND RAPIDS, Mich, March
20.-Senator Truman H. Newberry
and sixteen co-defendants were
found guilty by Federal grand jury
here to-day of criminal conspiracy
in the 1918 Senatorial campaign.
The Senator, Paul H. King, of
Detroit, manager of the Newberry
campaign, and Frank Cody, of New
York, were sentenced by Judge Clar-
cnce w. Sessions to serve two years
each in the penitentiary at Leaven-
worth and to pay fines of $4,000
each. This is the maximum sentence
under the corrupt practice act.
Sixty-eight of the eighty-fve de-
PENDANTS in the case were found not
guilty on each of two counts.
Senator's Brother Fined
John S. Newberry, brother of the
Senator, was fined $4,000 Charles A.
Floyd, district manager in the cam
paign, was fined $4,000 and sentenced
to two years in the penitentiary. Three
. OF the guilty-Allan A. Templeton. Mil
/. ton Oakman and Roger M. Andrews
were sentenced to serve one year and
six months each in prison. Other
sentences were:
William j. Mikel-Two years.
richard II. Fletcher-One year and
three months.
James McGregor-One year and three
months.
Fred Henry-one year and three
Hannibal A. Hopkins-One year and
one day.
Ebert v. Chilson-One year and one
day.
B. Frank Emory-$2, 900 fine.
Harry C. Turner-$2, 900 fine.
George S. Ladd-$1 900 fine.
Notice Of Appeal Given
The court granted ninety-day stay
IN execution of sentence pending mo-
tion for new trial and the filing of q
bill Of exceptions. Martin w. Littleton,
chief counsel for the defense, said he
would take an appeal direct to the Su-
preme Court Of the United States. AS
tne constitutionality of the state stat
e1e limiting campaign expenditures to
challenged, action in intermediate
courts can be obviated, he explained.
Indications are that the appeal will
pc sought chiefly on grounds concern
ing the constitutionality of the cor
rupt practices act as applied to primary
elections. 1t is assumed, however, that
reversable errors in court rulings also
Will be alleged.
AS AS 10 the corrupt practices acts, Mr..
.sts sstts.e.on SAID In addressing the court
alter sentences had been imposed:
NJ was member of Congress from
New York when this act was made a
Jaw. 1T never was intended to abridge
r,ssoom OF speech or freedom of the
rasss: rasss: put IN the very nature of the
rsSa;ss. ss.al;ictions imposed by a $3,75O ex-
E;ut'tIuIe e limit for candidate to the
onNea States Senate essential means
VI punlicity are denied"
r.,,. v y pointed out by defense attor-
n slas the statute was not intended
sIeetR;py ~tR;p.y 70 primary elections, as such
when b,s ths nao not been provided for
second Ground for Appeal
pea, second sec, ground presented for ap-
ssa. s Wall be on Judge Sessions's inter
r;iv.a''on s;nna Of the statute. judge Ses-
nan.s n.vus said that "if Senator Newberrv
pa,'.c'pated sonaS % in the thing that occa-
thsn line Inc expenditure of more money
,hs ~ ran aaiowed by law. then he caused
Sens+"y 70 pc expended"
after ftatIs .I Newberry issued statement
va nomr..! sne sentences had been pro
;~4aad ;Ivunced in which he said he did not
Ssra.a Svma 70 relinquish his seat in the
honsse he unless removed by the upper
tirr"e itself, and that he would con-
MieS;...No 20 represent the people of
defsns.u u1sect testimony given by the
bean brass :, was said after the trial to have
MINI. MINI me determining factor in the
'ssq1st .Mso Of guilty. A''N =" .
xays sIuout .Iut, the evidence Paul King
camn.;at ;;ast ne told Mr.. Newberry the
ernmen{ would cost $4,000 the gov
the Kin, nag M weak case, and without
ALL" isssM.ewoerry ia s.sry letters no case at
eop,j3 ear j3olors after his discharge. SWe
the aat ana no other way, however. after
Che .anse .sslense itself had supplemented
berry government proof that New
pairn 1,a sra taken active part in the cam
that he sad diranswssn shown BY its own writings
aat novs.' s'u almost every impor-
ths sSsSfaunnsement had been made that
sst t6ss t6sase s would be given an hour to
eonrtrro,s sss9ua respondents into the
After IN Less than half hour
iadieatnnss Knock on the jury room door
hovs,ssa verdict had been reached.
eeurtroo,. every defendant was in the