Evening star., 1923-07-09
MOT|0NT0 AGQU|T
MORSES REFUSED

Justice Stafford in criminal divi-
sion ! today overruled motions of
Charles W. Morse, his three sons and
the other four defendants for in
structions to the jury to acquit the
accused of the charge OF conspiracy
to defraud the United States and the
fleet corporation through wartime
contracts. Counsel for defense i'm
mediately began introduction of tes-
tin1ony to refute the proof offered
by the prosecution during the eleven
weeks of the trial Several weeks
will probably be required for the evil
dence on behalf of the defense.
When court convened this morning
to begin the twelfth week of the
trial, Justice Stafford directed that
the jury retire. He at once began
the reading of his decision on the
motions to instruct the jury to ac-
quit. The court took up the two in
dictments. count by count, and after
reviewing the Indictment charging &
the defrauding of the Shipping Board
the defendants. the court suggests
that the charges are in somewhat
general terms, but must be read
having in mind the contracts re-
executive orders the purpose OF
same. the state Of war and the de-
fendants' connection with the con-
tracts through their relation to the
various corporations which were
parties to the contract"
All Could Be Parties.
The court points out that the in
dictment charges an unlawful con-
spiracy and that it is not necessary
that the means of carrying 1t out
should be unlawful in themselves
Consequently as to the Shipping
Board indictment, he holds that any
number of the defendants not less
than two may be convicted under II
provided the evidence shows them
to have been parties to the general
conspiracy charged, although ignorant
of some of the means that were used
and ignorant of any intention on the
part Of their co-consplrat6rs to use
them"
In references to the other. indict-
ment, which charges a conspiracy to
commit an offense against the United
States through fraudulent and false
representations to the Fleet Corpora
tion. the court admits an embarrass-
ment.
There the indictment sets out the
nature and character of the state
ment,and representations in six ways
lettered from A to F. The court holds
that. all the defendants to be. con-
victed must be found guilty of maxi
ing one of the six false statements
or Misrepresentation, but the jury
cannot hold them guilty of a general
conspiracy IL some made only one of
the alleged false statements and
others made one or more Of the other
statements.
Hitch I'm Case.
"It would not be permissible" said
Justice Stafford, ito find all guilty by
finding that some conspired with re-
spect to A and others with respect
to B or some other of the six misrep-
resentations. The jury would have to
take up the charge as defined by each
of the six divisions of misrepresenta-
tions in connection with the general
charge of conspiracy and consider as
to each which ones, IL any, of the de-
PENDANTS 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 touching any one and the
same of said Misrepresentation, but
beyond that they could not go.
"All the defendants found guilty must
be found guilty of having conspired
to commit an offense against the
the same misrepresentation"
The first witness called by the de-
fense was Frederick H. Schultz, a COM
mercial photographer, who identified
photographs Of the Virginia Ship
building plant at Alexandra, Va. The
photos began with the condition OF
the site before the beginning of the
work and at various stages as the
building of shops and ways advanced