Evening star., 1923-10-04
DEFENSE STARTED
in WAR CONSPIRACY
Government Accused of Cow
i ardice by Attorney for
u CroWeH and Others.

Justice Hoehling of the District Su-
spreme Court yesterday heard arguments
sof counsel on the demurrer filed by
Benedict Crowell. former assistant
Secretary of War. and six others. who
were indicted on a charge of con-
sspiracy to defraud the United States
I'm connection with the letting Of con-
.tracts for army cantonments.
Attorney Frank J. Hogan in opening
sthe argument for the defendants &C
scused the administration of coward.ce
Sin not following it's policy to its
logical end, by including in the indict-
sment the names of Woodrow Wilson,
war President of the United States,
-and Newton d. Baker. his Secretary
5of War. The lawyer declared tie eff
feet of the charge against Crowel! and
@his alleged associates is an tndict-
sment of the Wilson administration
aand it's successful conduct of the war.
&. "Other Consjirators.'
Pointing to the language of the in
.dictment which alleges that the de-
PENDANTS had achieved their purpose
t"at times in cooperation with other
Sconspirators" Mr. Hogan insisted taat
lonly Mr.. Wilson and Mr.. Baker could
be meant mby Others" The only rea-
son their names were not lncluuea'
said the lawyer, was that the present
administration did not dare to do 50
and was unwilling to face the PUB
lie contumely to which it would have
been subjected.
! ".f there is the slightest justifica-
tion," declared Mr., Hogan: for nam
ing Benedict Crowell and his associates
in this indictment, then by the same
token the charges it makes imphcate
equally Woodrow Wilson and Newton D.
Baker. as well as practically every lead
ing figure in the great building
Industry of this nation and prac-
tically all the members of the nation s
council of national defense" The law
yer proceeded to show that the lndict-
lnent is both unintelligent and unin-
telligible" by pointing out that one SEN
tence alone covers sixteen printed pages
without being broken even by colon.
Indictment Attacked.
The indictment was referred to by
Mr.. Hogan as "a political muck -raking
affair and described as the darkest
stain on the judicial records of this
country" The lawyer traced the career
of Mr.. Crowell and said the latter S
greatest pride had not been his dis
tngushed service medal but the saw
ing of money to the government.
The indictment was returned last
December and besides Benedict Crow
ell names as defendants Clements w.
Lundoff of Cleveland, Ohio; William
a. Starrett of New York, former may
or of South Orange, N. j.: Morton c..
Tuttle of Boston. Maj. Clair Foster
and James 4. Mears of New York and
John H. McGibbons of Chicago.
Counsel for the government, which in
c1udes United States Attorney Peyton
Gordon and three special assistants
to Attorney General Daugherty, Ros-
coe L. Mccullough. William T. Chant
land and F. Edward Mitchell.
The defendants are united in asking
the dismissal of the Indictment on
the ground that it charges no crime,
1y on an opinion of the present At
torney General regarding the Wis
dom of a governmental policy-the
making of coSt-plus contracts for the
construction of Army training camps
without waiting for formal advertise
ment, as required in peace times.
Col. Stimson's Argument.
Col Henry L. Stimson. who held
the position of secretary of war dur
ing the Taft administration. took up
the argument of the defense today.
He declared the indictment against
simply an attempt to transform a
political difference of opinion into a
criminal prosecution. He recited a
number of instances his own admin
Illustration of his contention that
there was no warrant whatever for
the Indictment.
Attorney Hogan suspended his ar
gument to permit Col. Stimson to
address the court and return to New
York TO keep an engagement. Col.
Stimson pointed out the government
advisers in the War Department were
divided into two camps in which
radically different opinions were en-
tertained concerning the program to
be followed in securing emergency
construction work during the war.