The Duluth rip-saw. [volume] (Duluth, Minn.) 1917-19??, 1920-11-27
GOVERNMENT Is DEFEATED
BY DEFENSE'S HEAVY GUNS
Exciting Week characternesTral Of Eleven Defendants in
Big Conspiracy Case-Many Witnesses for Both Sides
Jury Prompt in Returning Verdict Of Not Guilty.

John Muphy, Frank L. Bradley and
nine other defendants charged with
conspiracy to transport liquor SNUG
gled from Canada, were found not
guilty by a jury after less than an
hour of elaboration.
The story of the trial in the previous
issue of the Rip saw ended at the point
where the prosecution rested. After
that, came a small army of witnesses
for the defense and rebuttal by the
government.
Arguments by Mr.. Jaques and NJ.
Power, for the prosecution and defense,
respectively, were followed by the
charge to the jury by Judge Morris.
The jury retired before supper and,
after being taken out for a meal, be-
gan deliberations. It is stated that
the first ballot stood seven for acquit-
tai and five for conviction. The mi
nority quickly switched and, within an
hour, the jurors were ready to report.
There was a delay Of about an hour,
due to inability to find one of the de-
PENDANTS. Naturally, the eleven men
who stood trial were delighted with
the verdict and there was hand-shaking
with and thanks to the twelve men
who returned the verdict of not guilty.
After the government rested, there
was a short recess and then the attor-
neys for the defense expressed their
intention of offering motions for dis
missal of the cases against their re-
spective clients. The jury was excused
while arguments were being presented.
Mr.. Spear first moved a dismissal in
the case of each and every defendant
on the grounds that the government
had failed to prove what was set forth
in the indictment and had failed to
prove the several offenses set forth.
He maintained that no proof of con-
spiraey had been offered except the al
legged conversation between Longfield
and Clark in the White taxi office.
Other vital and technical points were
touched upon and argued in Mr.. Spear g
effective way.
Walter Dacey argued that Chuck"
Mckay was. not linked up in eonspir-
acy in any way.
Mr.. Jaques, speaking for the prose-
cution, pointed out that Mckay had
said that he was having difficulty in
getting liquor from Canada and he also
had heard conversation as to the trans
portion of liquor. He was with Clark,
Cahill and Longfield. He received
checks and was right in the heart Of
the doings.
As IN Eckbard Mr. Janues said he
was with Murphy and Bradley. He
stopped a man with liquor and helped
transfer the stuff to Murphy's car. A
chauffeur may be party to a conspiracy.
The motion of dismissal was denied
for all the defendants.
Another motion for dismissal on the
grounds of variance between the plead
ing of the indictment and the proof
offered in court also was denied by
the Court.
Mr.. Spear then offered a motion that
the prosecution be required to elect
which part of the indictment it would
proceed upon so that the defense might
plan accordingly. After able argume
by both sides, that motion was denied
by the Court.
A short recess was taken at IL a. m,
after which Victor L. Power outlined
the defense to the jury.
"The defendants are charged with
conspiracy in having a common plan in
their minds Even if you should find
one or more in the actual possession of
liquor, you would have to find them
not guilty if you did not know beyond