The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1920-02-05
TRYING TO PROVE
CONSPIRACY CHARGE
IN NEWBERRY TRIAL

GRAND RAPIDS. Mich. Feb. A.
Testifying in the face Of general object
ton by the defense that the government
had failed TO prove conspiracy exist
ed to violate the federal election anu
postal laws. eighteen witnesses appear
ed at today's session of the trial Of Sen
alor Truman IL. N"wbcrry and his IL
ro-dcfcndantS The defense contested
that the individual acts of defendants
could NOT be offered IN evidence at this
stage. but Judge &. w. Sessions held
that government counsel could mar
shall their testimony as they saw III.
Two bits or evidence offered today
were considered by tn" prosecution as
important to the conspiracy charge.
, James Sweetheart. head Of the New York
bureau Of Detroit newspaper. said
Frederick Cody. defendant, told him
! in New York the lid is off in Michigan
and the sky ia the limit"
Editor Tsstines.
Walter Charrelle, editor Of weekly
newspaper al Harisvill". Mich, testified
that Benjamin +. Reed, deputy state Ia
Dor inspector. and another defendant,
rad solicited him to become county
chairman in the Newberry organization
an dtold him: The freight will b
paid"
The government forces also wcr
frequently overrulcd when thpy tried 10
confno cross examination of'their wit
nesscs to the material developed by
, direct questioning. Defense attempts 10
search the motives OF witnesses In GER
tain Camnaign acts were. however. halt
ed hv the court The defense Contcndrd
that such testimony would <" I" the
essence OF the conspiracy charge. but
Judge S. SsiUns ruled that II was not
proper cross examination.
Received Money
The question came up III the 'r"sA-
examination Of Lyle Shanahan. an at
torney from CharieyoiX. aud one or IN"
organizers Of the committee Of tire"
which had CharG" Of IN" Ncwh"rrE cam
paign IN his county. Shanahan tcSt-
fer that he had received $40 from /.
j. Harris chairman Of the committee
and a defendant W. II. Eich"rn aues-
,IonluE for the government drew from
Shanahan that he had used 81 OF that
amount 10 pay challenger AT the 'nrl-
mary POLLS but FAD not accountcr for
the remainder.
you understand" the witness SAID.
THAT Judge lIurris did not tell me ms
was Newhcrry money and that II was
Ncwherry man before the committee
was organized.
Martin ". Iitticton. on rroSS-"Aam'
nation asked II Shanahan considered
he had done any wrong in accepting III"
money bringing n successful objection
from Frank { DALEY. assisting attor'
nov general Shanahan testified thai II"
had spent sl2 tn SIS in collecting prl-
mary returns by telephone. that many
persons crowded his ofTic" that evening
and that he had tho plnCr closed next
day.
That constituted my expenses IN IN"
campairn' he said Similarly the GOV
eminent blocked questioning or 'har-
peIIa as 70 his ideas on the morality OF
Tho cXrrcsSlou regarding freight.
Hired by Deland
. The campaign of James W. heime Tor
the Democratic senatorial nomination,
WINS again brought into the trlal
through the testimony Of Van A. Looms
! "a dcputy sheriff and private detective
; from Jackson. LOOMS said he had been
nirch hy charles Dcland. "A defendant.
/. ia circulate Hcmc nomination p"titlohS'
! lie admitted receiving $50 for IN" WORK
and said he had partially niled wv" pet
itious having Spac" Tor twenty
! names each.
Among the witnesses wer" a hummer
; or stcnnrrauh"rs and tlpIsts employed
! -, NnWbcrrN's campaign HEADQUARTERS
4 IN Detroit. They named numerous as
! ,cpdants ,hc, had seen about the OIL
: COS told Of being paid IN cash and som"
! Of Them related that there was can"
chest In Tn" vault at headquarters