New-York tribune., 1922-08-21
Great Injustice
DOneNeWberry.
Hughes g Writes
Michigan Member Wronged
When He Was Convicted,
Letter to New Jersey
Clergyman Sets Forth
From The Trsoune's Washington Rureau

from the Trsbune'S Washington Bureau
WASHINGTON, Aug. 20--The Re-
publican National Committee tonight
made public letter from Secretary Of
State Charles E. Hughes in which the
secretary declares that Senator Tru-
man II. Newberry "was wrongly and
most unjustly convicted in the lower
court" and holds that this conyiction
was justly set aside by the Supreme
Court of the United States. Mr..
Hughes acted as counsel for Senator
Newberry when the case was in the
Supreme Court.
The Republican National Committee
was led to make the matter public be-
cause of Democratic attacks on New
berry and Senator'S who supported him.
The Rev. Hugh B. McCaufey, of Pat
erson, N. j., in letter to Secretary
Hughes August 12, said that in view
OF Democratic illusions to the New
berry case he would like statement
OF the facts and law upon which Mr..
hughes made his argument in the Su-
preme Court. Mr.. McCau1ey added
that he remembers that Justice Nc
Reynolds, Democrat, handed down
the decision and that Chief Justice
White, Democrat, concurred in it.
In his reply to the Rev. Mr.. Nc
Cauley Secretary Hughes gives an ex-
haustive review of the facts and the
law, as we'll as the decision of the Su-
preme Court, and concludes as follows
THE plain fact is that Senator New
berry was wrongly and most unjustly
convicted and his conviction was set
aside. Despite the long period of prep
aration, the rigid investigation, the
careful choosing of their ground, the
long drawn out trial, the attempt in
every possible way to besmirch, and
the zeal, ability and even bitterness
Of his pursuers, their endeavor to es-
tablish q violation Of law on the part
and accordingly Senator Newberry
stood as Senator duly elected by the
people of the State Of Michigan and
entitled to his seat In the Senate Of
the United States
The Secretary. said that "there seems
to be a general misconception Of the
nature of the litigation and it's result
and Newberry has suffered in conse-
quence most serious injustice
"The conviction Of Senator New
berry," he added, ''was obtained under
statute held by the majority Of the
Supreme Court to be invalid; rested
upon a ground which did not involve
any finding. by the jury OF moral tur-
pitude, and was effected only by q
most serious misconstruction of the
statute which exposed him to convic-
ton regardless Of any moral offense
upon his part and no matter how high
minded he might have been in his
conduct in the campaign.
1T should be borne in mind that
Senator Newberry's conviction In the
lower court was not based on any
charge Of fraud or corruption or Of the
use Of money for any illegal purposes
or Of any act involving moral turpi-
tude."
Secretary Hughes asserted that The
Senator's conviction was on charge
Of. violating the Federal corrupt prac.
tices act.
Senator Newberry could not have
been convicted" the letter said, "even
upon this charge without what ] al
ways regarded, and so stated in my
argument to the Supreme Court, as an
extraordinary misapplication Of the
statute upon which the charge was
based -