The Washington times., 1923-07-09
TO
QUASH IS
DENIE D
THEM
Defense Takes Up Ito Side and
Submits Photos Of Virginia
Plant in Evidence.

Justice Stafford, in Criminal
Court No. ! today, overruled the
motions to dismiss the indictments
against Charles w. Morse, his three
sons, and four other co-defendants
on trial on charges Of conspiracy
to defraud the Emergency Fleet
Corporation in wartime shipping
contracts. Following Justice Stat
ford's reading Of his opinion. the
defense took up its side Of the
case.
Reading his decision, Justice Stat
ford analysed the two indictments,
count by count and after reviewing
the charges, suggested that they
are in somewhat general terms, but
must be read having in mind the
contracts referred to, the Acts Of
Congress and executive orders; the
purpose of the same; the state of
war and the defendants connection
with the contracts through their
relation to the various corporations
which were parties to the con-
tracts"
Opinion Of Stafford.
The indictment, according to the
court, charges an unlawful conspir-
acy and says that it Is not neces-
sary that the means of carrying it
out should be unlawful in themselves
The court held that any number Of
the defendants, not less than two,
may be convicted under 1t PRO
vided the evidence shows them to
have been parties to the general
conspiracy charged, although igno-
rant of some of the means that
were used and ignorant OF any in
tention on the part of their con-
spirators to use them"
The court admits an embarrass-
ment regarding 1.-THE other indict-
ment, which charges a conspiracy
fraudulent and false representation
to the Emergency Fleet Corpora
ton.
There the indictment sets out the
nature and character Of the state
ments and representations in six
ways, lettered from A to f.
The court held that all the de-
PENDANTS must be found guilty Of
making one of the six false state
ment regarding the other indict-
the jury cannot hold them guilty
Of a general conspiracy IL some
made only one Of the alleged false
statements and others made two or
more Of the other statements.
ut would not be permissible"
says the court, ito find all guilty
by finding that some conspired with
respect to A and others with re-
spect to B or some other Of the
six Misrepresentation.
THE jury would have to take
up the charge as defined by each
of the six divisions Of misrepresen.
tations in connection with the gen.
eral charge Of conspiracy, and con-
slider as to each which ones. If any,
Of the defendants were guilty with
respect to that misrepresentation.
and to find a verdict of guilty
against all of those defendants who
were found to have conspired touch
ing any one Of the misrepresenta-
tons, but beyond that the jury could
not CO."
The first evidence offered by The
defense was the placing before the
jury by Attorney Nash lockwood
Of a large number Of photographs
taken by Fred II. Schultz, a CON-
mercial photographer, showing the
plant of the Virginia Shipbuilding
yard at Alexandria, in its various
stages of building progress. Photo
graphs taken from January 10, 1918,
merely picturing the site Of the
place, up to June s, 1918, showing
the complete plant with buildings,
ways for the ships, etc, were intro
duced.