Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1923-10-04
BURY VERDICT
FAVORs CON {
Decision is Reached in Feder-
al Court After As Minutes
of Deliberation
ALlBI PROVES WINNER
Attack Made on Come by
Prosecution South Amboy
Witnesses Called

TRENTON. Oct. 4--Samille H.
Cone, of South Amboy, former chief
of the federal prohibition staff In
New Jersey. was yesterday afternoon
acquitted by a jury in the United
States District Court here of the
charge OF giving a bribe to two pro-
hibition agents to prevent their re-
porting violations of the dry law
in Perth Amboy. The verdict oil
mot guilty was won by George i
Cutley. of Jersey City. w. II. ApSar,
of Trenton and w. J. Reilley, CT
Perth Amboy, counsel for the
men; which was represented by the
office of United States District At
torney Walter G. Whine.
III charging the jury Federal
Judge Bodine said that it should
scrutinize very thoroughly the tes-
timony of Prohibition Agents Will
bert E. Dey and Milton B. Swack-
Ahammer, who claimed they were in
yduced by Cone to take the money,
kabout s25 apiece. He said that in a
Sens they were accomplices and
4 participants in the alleged wrong
= doing. He instructed the jury even
more forcefully to the same effect
on the testimony of David Wolfson,
the Perth Anboy saloon keeper, who
took the stand for the government.
Judge Bodine pointed out that Wolff
son has been involved In similar
proceedings himself in the United
States District Court recently. The
fact that cone did not take the
stand in his own defense should not
be considered either by the jury, said
the court, and this was not to be
taken as a reflection upon his guilt
Or innocence.
Calls Testimony Untruthful
W Holt Apgar summed up for
Cone and Assistant District Attor-
ne Walter Van Riper for the gov
ernment. Apgar characterized the
testimony of Dey and Swackham-
mer as being practically untruthful.
He said the governments case was
bull up on four witnesses. these two
plus Wolfson and Edwin Scully, gov
eminent truck driver, who had pre-
viousiy pleaded guilty. Apgar wanted
to know why the prosecution had
not taken finger prints OF the bank
b.Ils which it Ger d in evidence 10
determine whether were Cones
Witnesses may lie, rorget or
max a mistake, he commented
but the impress of fingers don't
lie" {
The defense lawyer referred to
the array of character witnesses
brorght to tell of the integriey OF
his client. including Fancis M.
Goodwin. assistant secretary of the
interior under DR.. Hubert Work
who knew Cone when the latter
lived in Spokane, Washington and
tn edelegation of Perth Amboy and
South Amboy citizens headed by
former State Senator ID. G. Chase of
Middlesex county, who Is mayor or
South Anboy.
When Cone was in the govern
lment service he had opportunity to
get money alone. why should he try
3 o take it now with accomplices, was
Sthe reasoning of Apgar. Would
these character witnesses, some of
them nearing old age, purjure them
selves by taking the stand for the
defendant? he asked. Outside of
Mrs. Cone, who testified to corro-
borate the defense's alibi as to his
whereabouts on the afternoon of
Saturday April %. last, when the
governments witnesses claimed he
was with them plotting to shake
down" the saloon keepers. there
were none of those who testified in
Cones behalf who had a personal
interest. He thought the govern
ment ought not even to have prose-
cuted the case and caustically crlti-
cised the actions of Dey and Swack-
,ammer in their testimony.
Makes Bitter Attack
Mr.. Van Ripper in his argument to
he jury said that either Cone was
guilty or the two agents who testl-
ned against him were the most de-
spicable trainers and liars" Every
action of an individual usually has
its motive and what could these
wo BOYS have to seek by committing
urjury to frame Cone, he asked.
He had confidence in the integrity
the various witnesses who testi-
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