The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1920-01-27
'NEWBERRYFACES
JUDGE SESSIONS.
134 Defendants on Trial
Charged With Fraud in
Senatorial Election.
BITTER FIGHT PROMISED
Defense Contests Method of
Selecting Jurors-All Types
Politicians Attend.

Grand Rapids. Mich, Jan. 27.--
With bitter fight "romised on every
move by either 81 = United States
Senator Truman : Newberry and
49, other defendj went on trial
here today befoL' @Judge Sessions
charged with I { atrating frauds
during the GenS cal elections of
! 1918. T.
OF the 1870 II =indicted by the
federal grand Z /. last winter nine
have entered pI c, : of nolle contender,
| tfs case of OF q as been continued
| owing to illne and another, upon
whom service : not been obtained,
was said to be IN South America.
Twenty three pleaded mot guilty"
and 101 stood mute when arragned.
The governments case was in
charge of Frank c. Daley, former
United States district attorney at In
dianapolis. Martin w. Littleton, of
New York, headed the legal forces
of the defense, which are said to
number about fifty.
Aside from the defendants, the 1876
Veniremen, attorneys, court attaches
and nine newspapermen, few were
able to gain admittance to the OPEN
ing sessions of the trial and the lit
tie courtroom of Judge C. w. SEES
sions had to be rearranged to seat
these.
LttIeton Seeks Delay.
Martin w. Littleton of counsel for
Newberry. came to court armed with
doctors certificate showing that At
torney James G. Murhn, one of the
chief counsel for Newberry, had
temperature of 1Oi degrees. Littleton
was prepared to strongly urge a post
ponement for that reason. Judge Ses-
sons indicated, however that strong
argument would be required to delay
the case at this time,
Nearly all defendants were in
court today They Were a pictur-
esque Iot-haiIine from all over the
state, from the coneosted wards OF
Detroit to the Indian districts OF |
the north. Among them were
judges, bankers, sheriffs, county
from the cities to the north woods.
There was even one minister in
the lot.
Senator Newberry himself, looked
tired. He arrived from Washington late |
last night accompanied by his brother, |
John s. Newberry. Fred r. Smith and !
Hannibal Hopkins.
The first big move of the defense |
promised to be on the courts method |
OF selecting jurors 4 QUESTIONABLE |
was sent out to those drawn for jury |
service and the replies resulted in many |
eliminations Attorney Littleton will |
maintain that the names were. drawn 1
by county clerks instead of through the |
regular channels. He will contend that |
the system was at fault because il re- |
suited in the elimination of prospects |
before they reported to court.
The possible duration Of the trial was |
varIously estimated at from four weeks |
90 two mcEths. Both the government |
and the defense were expected to call |
several hundred witnesses. The first
witnesses to De called 1t was saId, have |
been summoned from Washington and |
New York.
The lnulcted men included every mem
Der OF the committee that conducted |
the Newberry campaign and state,
county ana municipal officials in viz
tualy every county from Lake Superior |
to the OHIO border
The conclusions of the grand jury
were embodied in two blanket indigt- |
ments. They charged violation OF botn |
federal ana state laws by use OF sums
OF money far in excess OF legitimate
expenses IN the campaign; ana violation
of the federal COrrupt practices act,
which penalties payment OF money TO
voters. Use OF the mails ito delraud |
all the people of Michigan" was further
charged against the campaign commit
tee. More than 100000 OF the con-
tributed fund, it charged, was converted
to the personal use OF some of the
campaign managers.
James w. Helme, former state dairy
anu lOpd tOlllIfilSSlbitI, WHO opposed
Henry Ford tor the democratic nomi-
nation In the senatorial primary, an
other clause of the Indictment alleged
was compensated by the NeWberry or
ganization for making the primary race.
the alleged purpose was to prevent |
democratic voters from lining up" with
FORD IN the republican primary.
Attached to the indictments was n
llst OF more than two score overt acts"
These contained charges that num-
Der OF those indicted had given rewards
ranging from promises OF good job"
TO payments of sums ranging from SIS |
70 $2,25O in return for support IN the
NeWberry campaign. One country odi-
tor was alleged to have received ton
OF print paper
The grand jury Investigation was k
conducted by Frank c. Daley, OF In
dianapois, former United states at
torney for Indiana. II was ordered bv
the department of Justice. oct 49, and
was based, II was announced. on COM
plants tiied with the department "and
also published charges OF fraud and
corruption" made by Lleut.-Gov Dick
inson. Of Michigan, and others
senator Ncwhcrry ana thirteen Of the
men who directed the campaign work I'm
1918. appeared before Judge Sessions
Dec. 8 and on the advice of counsel
stood mute This was done. II was
explained, that the validity Of tho In
dictments might be challenged later
should il be decided to attack tber,
!
II was stated would have been sacrificed
by pleas Of not guilty. Senator New
berry and each Of the thirteen mon who
appeared with him were held in bonds
OF 10000 and $4,000 on the first and
second indictments. respectively.
The maximum poTalty FOR TN offenscg
charged is fine of $4,000 and two
years Imprisonment.
4 motion by the defense challenging
the array Of the Jury panel was en-
tered aud denied. the process bringing
a sharp snat between Judge Clarence
w. Sessions and Martin W Littletou.
N New York. ono Of the senior counsel
for the defense. The court said tho
language - the challenge WAS uutruth-
full md added
Documents dfed with this court
must be truthful %"
My integrity is just as precious as
the courts" said Mr. LitNetou. rud bo
promised the judge "a general battle"
on the point The engagement. how
ever. failed 90 develop beyond the skIr-
msh stage.