Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-03-21
SENATOR NEWBERRY AND
is OTHERS PRONOUNCED
GUILTY OF CONSPIRACY

meted out to King and Cody one
or two of the defendants stirred a
bit when Floyd was given a slight
ly less severe penalty, but each sue
eeeding sentence to prison or heavy
fine was received in stoical silence.
Immediately after the sentences
had been passed Frank G. Daley,
of Indianapolis, special assistant at
torney general and chief prosecutor
of the already famous case, wiped
the slate clean by moving the dis
missal of ten of the 1876 respond
ents to the indictment who had
pleaded mo contest" He also
moved the discharge of Elmer f..
White of Traverse City, who was
given q severance because of illness
and of James Daley, a Muskegon
contractor who went to South
America, on business before gov
ernment officials could serve him
with a warrant.
Ninety days were granted the at
torneyS for the convicted men in
which to perfect an appeal. Then
court adjourned.
While the jurors said they had
agreed not to discuss their delib-
erationS the rule did not hold good
after they had been released from
service. Several said the defense
testimony itself was largely respon-
sible for the adverse verdict, par
ticularly Kings statement on the
stand that he had warned New
berry in New York that the cam
OF nnn
1t was also learned that in view
of this testimony and the numerous
letters between King and Newber-
ry introduced by the defense to
show patriotic motive and innocent
intent in the campaign, the jurors
had no difficulty in agreeing yes
terday that conspiracy had ex-
listed. With this as basis, they
started to ballot on whether all the
eighty-five defendants were guilty
and stood at 8 to 8 all day Friday
on this proposition. Early today
this vote was changed to 10 to 2,
but when a deadlock loomed up as
possibility, the majority agreed
not to attempt to convict the
minor defendants. One vote only
was taken on Newberry. 1t was IL
to 0 for guilt.
Truman H. Newberry was elected
United States senator from Michi-
gan by majority of 1867 votes
over Henry Ford, according to the
official report of the state canvass
ing board. Newberry 220,054, Ford
212,4S7 were the figures. one of
the closest races ever recorded in
a Michigan senatorial election.
First formal charges of irregulari-
ties in the 1918 campaign came
January 6, 1919, when Henry Ford
filed with the senate an appeal for
a recount. He alleged improper
use of mails by the Newberry
committee. intimidation
of voters, improper rejection of
ballots and charged that at least
10000 ballots were unlawfully
counted for Newberry. He charg-
ed many election boards included
intense partisans of Newberry.
Charges of fraud and corruption"
also were made by Lieut.. Gov. l..
D, Dickinson and 1t was on these
charges, according to the federal
of justice, that the
grand jury inquiry was ordered.
The grand jury returned the in
November 29. naming
Senator Newberry and 1874 others,
including virtually every man con-
nected with the campaign. The
list, however, was narrowed down
to S5, after the trial got under
way, more than eight weeks ago.
Some were dismissed on motion of
Prosecutor Bailey and some volun-
tarily by the court.
Testimony was concluded one
week ago. the prosecution having
occupied five weeks in presenting
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