The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1922-08-21
NEWBERRT SUFFERED
INJUSTICE, SAYS HUGHES
Michigan Senator Wrongly Convicted
Secretary Writee in Review
OF Case.

Washington Aug. 2l.-Secretary
Hughes, in letter made public last
night by the Republican national
committee expressed the conviction
after a review Of the Newberry case
that Senator Newberry was wrong
~ and most unjustly convicted
The secretary writing to Rev Hugh
| b. McCauley, OF Paterson, y. j., in
response to an inquiry as to the
facts" in the Newberry case, gives
in detail the findings OF the courts
especially the supreme court, which
set aside the conviction Of NewbeIry
and then concludes.
Despite the long period Of prepara
ton, the rigid investigation, the care
full choosing OF their ground, the long
drawn out trial, the attempt in every
possible way to besmirch, and lie
zeal, ability and even bitterness oil
his pursuers, their endeayor to eS-
tablish a violation Of law on the part
OF Senator Newberry completely fail
ed and accordingly Senator Newberry
stood as senator duly e'ected by
the people of the state OF Michigan
and entitled to his seat in the Senate
of the United States"
Hughes expresses the belief that
there seems to be general miscon-
ception OF the nature of the litiga.
tion and it's result and Newberry has
suffered in consequence a most seri-
Gus injustice
"The conviction of Senator New
berry he continues was obtained
under a statute held by the majority
OF the supreme court to be Invalid;
rested upon a group which did not in
volye any finding by the jury Of mo.
raj turpitude, and was effected only
by most serious mIsconstruction o!
the statute which exposed him to
conviction regardless OF any moral OF
Tense upon his part and no matter
how high-minded he might have been
In his conduct in the campaign"
The secretary, who as counsel for
Newberry, and his associates Dartici'
pated in arguments in the case be-
fore the supreme court further de
c'alds in his letter tha; 1T should De
borun in mind that Senator Ncwrer-
rvs conviction in the lower cour;
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'uda"
/ Hughes then explained that the
conviction Of Newberry was based
solely on the charge hat there had
beea an expenditure in his campaign
and election of more than $3.50, the
Limit fixed by the statute Of the state
of Mich gan, and that the federal cor
rupt practices act made II unlawful
for candidate to spend in excess OF
the lint fixed by state law,
Senator Newberry could not have
been convicted" Hughes adds, "even
upon this charge without what al
ways regarded, and so stated in my
Largument to the supreme court, as
an extraordinary misapplication OF
the statute upon which the charge
was based"
Discussing the decis on of the su
preme court at length, Hughes points
out to his correspondent that the ma
jority opinion of the court held that
the federal statute was unconstitu-
tiona and therefore the conviction
should be set aside, and that the
other four justices, while not concur
ring on the question of constitution
ality, joined in reversing the judg
ment OF conviction because the
statute had been seriously miscon
strued by the trial court,