Evening star., 1923-08-01
|SAYS CONSPIRACY
| CHARGE IS ABSURD
Defense Attorney Declares
Prosecution of Morses
Based on False Accusations.
.bsurd. Preposterous! False,

Absurd, Preposterous! False!
Such was the characteristization to-
day by Nash lockwood of New York,
chief counsel for the defense of the
charge of conspiracy contained in the
two indictments against Charles w.
Morse, his three sons and four others,
who have been on trial for fifteen
weeks before Justice Stafford and
jury in Criminal Division l. The
lawyer also claimed that the prosecu-
tion has been systematic, malicious
attempt to convict these men and to
incarcerate them upon unfounded ac-
cusations.
Judge lockwood spoke for about
four hours and concluded the argu-
ment for the defense. He will be fol-
lowed by Assistant Attorneys Cen
eral Allison and Turner. who Will
close the argument for the prosecu-
ton. Justice Stafford may reserve
the charge to the jury until Friday
morning.
Arraigus the Prosecution.
Judge lockwood arraigned the
prosecution for its conduct of the
case and charged that United States
Attorney Gordon Intentionally omit
ted portions of the instructions ia
vorable to the defendants when he
read those allowed by the. court
You will not sanction. gentlemen"
said Judge lockwood. "the methods
this case. The longer indictment
starts out with lie and one could
drive a coach and four through the
whole document. They (pointing to
the prosecuting counseD are trying
to put my clients in jail and should
the greatest thing in the history OF
the Department of Justice"
The lawyer for the defense then
took up the prayers relating to pre-
sumption of innocence, reasonable
doubt and knowledge of the alleged
justice as exempiified in American
courts. He pointed out that the
charge of conspiracy is ''preposter-
Gus, absurd and false" He asked
tho jurors could Morse and his
associates have known of the sud-
Fleet Corporation would be formed
two years after the alleged con-
spiracy is said to have been hatched,
and of the sudden change from a pol
icy of speed in building ships to the
cancellation of contracts for their
prosecution, he said. was based on
"surmise and suspicion" and by
patchwork Of little things" it was
attempting to land Morse and the
other defendants in Jail"
Regards Intent as Vital.
Counsel called the attention of the
jury to the subject of intent, which
he considered vital in the case. If
the Morses had an honest belief that
they were financially able to carry
out these contracts and did what
they did under advice of counsel, be-
lieving in their heart Of hearts that
1t was within their rights, they ought
TO be acquitted. He urged on the
Jurors that there is but one charge
In the Indictment, and that is con-
spiracy. The government must show
that the defendants, or two or more
of them, must have agreed in ad-
vance to hinder and thwart the war
program of the government through
the means pointed out by the prose-
cution before they can be convicted.
Even IL the jurors should decide that
the the kearfoot transaction. the General
Electric matter or any other point
brought out by the prosecution was
In itself illegal, yet they cannot con-
vict unless it is shown there was a
conspiracy. The indictments, he
pointed out, have no charge of doing
this, that Or the other illegal thing,
but only conspiracy to defraud and
thwart the United States and the Fleet
Corporation.
Attorney Thomas Addresses Jury.
Attorney w. Bissell Thomas, rep
resentfng Harry F. Morse, reviewed
at some length the history Of the
jury system, going back to the days
OF Henry II of England and tracing
the methods down to the present. I'm
der our jury system, he pointed out
the rights of the private citizen in
the United States are as dear to the
law and the people as the rights of
any official. no matter how powerful
or how important
The lawyer showed how the Morses
were engaged in shipbuilding and how
they undertook the additional con-
tracts requiring the securing of the
Noank and Virginia plants only out
OF desire to help along the nation
In its need for ships He took up the
volved in the case and outlined the
contentious and claims both of the
government and the Morses in con-
nection with their Interpretation.
Sees No Evidence of Guilt.
II you believe" said Mr.. Thomas
that Harry Morse made any claim
founded on any controversy about ac-
counts and made it believing that h a
was justified in making 1t or made
1t under the advice of counsel that
ne mad a right to make it, then no
matter what these accounts may show
they are no evidence of any guilt
on his part" He recalled that ali
the evidence submitted by the gov
ernment had been based on the Morse
books and not upon any record of
the fleet corporation
The lawyer asserted that the gov
ernment did not dare to give counsel
for the defense a glimpse at the books
or the fleet corporation. If they had,
he said, this case would not only
fall like shattered potsherd, but
many of the men of the fleet corpora
tion would be endangered and they
Mr. Thomas took up in detail all the
testimony rejecting on Harry Morse
as offered by the prosecution. He
explained that the altered check
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