South Bend news-times. (South Bend, Ind.) 1913-1938, 1920-03-21

had been PASSED Frank G. DALEY Of
| indianapolis. SPECIAL assistant at
torney general and chief prosecutor
wiped the slate clean by moving the
| dismissal Of ten Of the 135 espon-
dents 20 the indictment who mad
pleaded mo contest" He also
moved the discharge Of Elmer Z.
White of Traverse City, who was
| given a severance because Of illness
land Of James DALEY. a Muskegon
contractor who went TO South Amer
lea on business before government
officials could serve him with war
rant
Time Granted.
Ninety days were granted the at
torneys OF the convicted men in
which 20 perfect an appeal. Then
court adjourned.
While the jurors said they had
agreed not TO discuss their delibera-
tons. the rule did not hold good
after they had been released from
service. Several said the defense
testimony itself was largely respOns-
larly Kings statement on the stand
that he warned Newberry n New
York that the campaign would cost
at least $4,000. 1t was also learned
that in view of this testimony and
the numerous letters between King
and Newberry introduced by the de-
Tense to show patriotic motives and
| innocent intent in the campaign. the
Jury had no difficulty i'm agreeing
that conspiracy had existed With
| this as a basis they started 10 ballot
on whether all the So defendants
were guilty and stood at nine TO
three all day Friday on this prODO-
sition. Early today this vote was
changed 10 ten to two but when A
deadlock lOomed as possibility
the majority agreed not TO attempt
TO convict the minor defendants
One vote only was taken on New
berry. 1t was l TO for guilt.
Bitter campaign.
"The Newberry case" grew out of
one OF the bitterest campaigns ever
waged for a seat i'm the United states
senate.
Truman II. Newberry and Henry
Ford were the leading contestants.
Newberry, a member Of one of
auto industry hit Detroit. wealthiest
families; a E.ember of the navy dur
ing the Spanish American war: as
sistant secretary of the navy in
Roosevelts cabinet and an aide 10
the commander Of the port Of New
York during the world war, based
his appeal for election on a war
platform.
FOFd's Platform.
Ford, millionaire auto manufac-
turer, commander of the Ford peace
ship and before the United States
entered the war, leading pacifist,
built his platform on support Of
Pres't Wilson's policies.
The Newberry supporters built
up a huge organization reaching in
TO every county, city and village in
the state. BY their own admission
$17S,00 was spent.
The government attorneys con-
tended that they had showed $225,-
600 was paid out TO purchase a |
seat in the senate" for Commander !
Newberry. The testimony given at
the trial stated one defendant in a |
conversation said he knew 5000 |
was spent.
Paul II. King headed the New !
berry campaign committee in Michi- |
gan. The government claimed that |
Sen Newberry and Frederick Cody |
Matched the alleged plot TO corrupt |
the 1918 elections in Michigan while |
they resided in New York. They |
sent for King to come to New York |
and made him manager of the cam !
paign. the testimony showed.
Works Through Newbcrry.
Newbe2ry worked directly through !
King in carrying out the details of |
the campaign. the government con- |
tended. Correspondence presented |
i'm the trial by the defense which |
passed between King and Newberry |
showed King wrote as many as eight |
letters a day 10 his chief
The case hinged on the question OF |
whether or not Sen. Newberry
caused 10 be expended an amount |
in excess of the sum allowed by the |
Michigan statutes in procuring his |
election. This amount Is $3.50.
The defense cOntended that New !
berry had nothing 10 do with the !
spending OF the large sum of money;
declared that he did not contribute |
one cent TO the campaign fund and |
was not informed Of the huge |
amounts spent in his behalf during !
the campaign.
Indict 1875 Men.
a grand jury summoned in the |
autumn of 1919 returned indict- |
ments accusing 135 men of con- |
spiracy 70 violate the federal sta |
tutes by spending an excessive |
amount OF money in the campaign. |
conspiracy TO defraud the whole |
state Of Michigan by using the mails |
in the alleged fraudulent election |
scheme was also charged.
These were the two main accusa- |
tions which went before the jury. |
-Four other indictments were either |
quashed or combined with these two |
principal charges
Eight Week Trial.
The trial covered a period of eight |
weeks More than 400 witnesses |
testified for the government and ap- |
proximately $50 for the defense.
King was the only leading defend |
ant 10 take the witness stand. He |
never completed his testimony. Aft |
or giving his direct testimony. he |
suffered "A physical breakdown and |
was unable 20 proceed with the |
denomination.
James Helme, who. the govern !
ment claimed. was entered in the |
democratic senatorial race by the /
Newberry organization to prevent