Evening star., 1923-10-05
U.S.;,ATTO|R||NlE:Y HITS
.cRON't|E:L|L /: LI.:..DE:.F|:'E||:NSE. | !. !
Upholds indictment of Ex-
Assistant War Secretary
on Fraud Charges.

Describing the arguments Of Col.
Henry /. Stimson and Attorney Frank
j. Hogan for the defense as a smoke
screen F. Edward Mitchell, special
assistant to Attorney General Daugh-
crty. today began the presentation OF
the governments case in support or
the indictment charging Benedict
Crowell. former assistant secretary of
War, and his six associates with con-
spiracy to defraud the United States
in connection with contracts for Army
cantonments.
Mr. Mitchell gave an analysis of
the indictment and asserted that 1t
properly and legally charged the de-
PENDANTS with a conspiracy to. de-
fraud. He asked that the demurrer
of the defendants be overruled ana
that they be held for trial.
The governments counsel declared
that he did not have to characterize
their counsel had agreed that the
charges are reasonable. If properly
laid. He claimed the charges are
stated 50 clearly in the indictment
that the defendants could use
verdict of acquittal as bar to any
future prosecution. and so clearly that
the court may. know a crime has been
committed, and Judged by the test
BET by decisions of the United States
Supreme Court the indictment Is suf-
ficient in law and should be upheld
by the court.
Others to Support indictment.
Mr. Mitchell will be followed by
Special Assistant Attorney Generals
McCulloch and Chantland and by
nited States Attorney Gordon in
Hogan win answer the governments
contention. Justice Hoehling will
take the matter under advisement.
Your honor has listened to a high
tribute said Mr.. Mitchell to the pa
triotic service of these defendants in
the time of the nations peril There
may come q time when such an ap-
peal as that viii have it's proper
place. Not now however"
The lawyer characterized the trust
and confidence imposed In some of
the defendants as unprecedented and
n breach of that trust as "unthinka-
b.es They tsome of the defendants)
presented. as reason for their ap-
pointment their knowledge of the
construction industry. They insisted
upon the adoption of a form of con-
tract never before used. They urged
as a reason for their selection the
fact thatlthe contracting firms of the
country were generally dishonest and
therefore they should be used because
of their special qualifications and in
tegrity
Charges Fraud Committed.
How did they discharge their
trust? BY betrayal. by deceit, mis-
representation and fraud. They pro-
claimed that competition was impos-
:.iie and that only such contract
ing firms as should be selected
should do the work. They procured
to themselves the power of making
the selections and brought into the
government service contracting
agents of the selected corporations
with whom they had formerly as
soCiated. Because their plans were
interfered. with they complained
against a conscientious officer of the
government VINO desired to safeguard
its interests and caused him to be
replaced by the representative of
contracting firm.
TIE indictment charges them,
continued Mr.. Mitchell, with having
abused the sacred trust for their
own gain and the gain of their friends
and asS2cta tes in the contracting in
dustry.a@ - ss.ys.r
4