Evening journal., 1922-11-29
Was Engaged BY Hook as General Repre-
sentatiUe of Davis Incinerator Company,
HotUard Frants TestifieS-Says Only Hon.
orabIe Methods We're to Be Used 10 Get
Wilmington Contract
DIR. FRANTZ DENIES OFFER
OF MONEY TO ENGINEER lM4IER

The case OF DR.. Abram E. Frantz
Bnd his son. Howard r. Frantz, sec
retary OF the Board Of Health dur
ing 1921. who have been on trial
since Monday on charges Of con-
spiracy in connection with alleged
graft in the purchase by the city Of
q Davis incinerator, will be sub
I-itted to the jury this afternoon
Tor its verdict.
The jury was charged at length
by Chief Justice Pennewill who
started his charge at 2.30 o'clock.
Henry 3. Hook. egent for the Da-
Wis Garbage Furnace Company.
which holds the patent for the in
enerator now installed in this city.
ras indicted along with Frantzes
and on the opening day OF the trial
entered a plea OF nolo contendere.
Taking Of testimony was COM
pleted at 11.O5 O'Clock this morning
and after argument on prayers pre-
-ented by Robert G. Harman. eoun-
sel for the Frantzes. argument OF
counsel TO the jury was started at
11.3o o'clock. One hour was allowed
each side for argument.
Witnesses heard at this mornings
session OF the court were Howard
Frantz. who finished the testimony
that he had started yesterday after
noon; Mrs. Florence A Stewart
whom Hook yesterday referred TO
as Howard Frantz' sweetheart. to
fhs- besz-af- rnlr. l5nsEFiedg ;,-alsor-
acter witnesses FOR the two men on
trial. and two witnesses called by
the State to rebut certain testimony
OF defense Witnesses.
In his prayers, Mr.. Harman asked
that the court Instruct the jury in
its charge:
mot to consider at all the testi-
1nouy OF Mayor Harvey, City Solicr-
tor satterthwaite and Councilman
McNanus because the statement or
ronfessson made to them byHook was
made six months after the termina-
ton of the alleged conspiracy and
neither Of the Frantz's was pres
ent;
THAT the jury is not TO consider
fhe testimony of the alleged CO.
conspirator Hook unless the jury is
satisfied that a prima facie case Of
conspiracy has been made out by
she state by testimony other than
that OF the said co-conspirator
Hook;
THAT the jury be instructed and
cautioned not TO convict upon the
testimony OF a co-conspirator unless
the same be corroborated by other
evidence, that is TO say, evidence
aliunde;
"If the Jury entertains a reason
able doubt of the guilt OF the ac-
.cused It's verdict should be not guilty
and that this evidence should ex-
tend TO the evidence aliunde; that
is to say IL the jury has reason
able doubt from the evidence
aliunde that a prima facie case has
not been made out. its verdict shouio
be not guilty;
s'In the case of reasonable DOUBT
the fury should take into consldera
tion the prior good reputation OF tne
accused and should enure 70 theil
beneft and swing the doubt IN iaVor
of rheir acquittah"
Deputy Attorney-Generai rinse
presented argument against MI
Harman's prayers.
Testimony that he started yester-
day afternoon was resumed by HOW
ard r. Frantz when the third day OF
the trial opened before Chief Justice
pennewelI and Judges Rice and Har-
rlngton in Court of General Sessions
this morning. DR.. Frantz and How
"a r,ra,+1 ware on the witness
ctand yesterday afternoon.
Howard and DR.. Frantz YESTERDAY
denied that there was any consplr-