The Washington times., 1923-07-06
MORSE PLEA To
D|SM|SSCASE
|SFOUGHT
Government Opposes Motion OF
Defense Counsel to
Throw Out Case.

Arguments were made today be
fore Justice Stafford in Criminal
Court No. / by District Attorney
Gordon, of counsel for the Govern
ment in reply to the motions filed
yesterday afternoon by attorneys
for Charles w. Morse. his three
sons and four others, indicted and
on trial for conspiracy to defraud
the Government in wartime ship
ping contracts to dismiss the indict-
InentS and to direct the jury to re-
turn a verdict in favor OF the de-
PENDANTS.
During a preliminary discussion
by Attorney Nash lockwood OF
counsel for the defense yesterday
afternoon regarding the legal points
involving his motion to dismiss,
prior to presenting the motion to
the court, and after Judge Turner
of counsel for the Government had
replied thereto, Justice Stafford
submitted three questions to coun-
sci, for both sides. They were:
II assume first that the verdict
Of guilty cannot be rendered
against one defendant alone?
THAT those who are found guilty
must be found guilty Of the same
Identical conspiracy"
What Is the minimum essential
charge in each Indictment? That
Is to say, what 10 the very least
that. is necessary; that must be
proven, in order that the defend.
ants should be found guilty?'
The government this morning
through District Attorney Gordon.
sought to answer the court. aban.
doning, however attempt to reply
to the first two questions. irtdicat-
ing that the prosecution would
not press two charges and con-
centrate its efforts 20 secure =
conviction on the points involved
in the third question Of the court.
Replying to District Attorney
Gordon, Attorney Nash lockwood
claimed that 'if the charge in the
indictment Of conspiracy Is an en-
tire charge, including the means
and methods by which the con-
spiracy was to be carried out, the
proof must show the accomplish
ment OF conspiracy or there would
be a fatal variance between the
proof and the indictment"
I'm other words" continued Rock
wood, there is no minimum or es-
sential Of the elements Of the charge
Of conspiracy, because as 1t Is an
entire charge it must be proven as
laid"
1.-THE pleader chooses to pet up
the acts in detail in this case, y
argued lockwood, and ito describe
the method by which the conspiracy
was to be carried out in detail.
II he wanted to stand on any one
method, as distinguished from
several others, he could have done
80 by separate counts. But having
charged the commission Of the OF
tense by doing first one thing, then
another, and so forth. we submit
that the pleader has voluntarily
undertaken to allege what he con.
ceives to be the essential facts, and
as they are essential they must be
proved or the indictment fails"
lockwood called the courts at
tention to a decision Of the court in
re Hyde VS. United States, to the ef'
feet that whore a conspiracy is
charged, the charge must be against
more than one person and it would
not be an error for the court to
charge that the Jury might convict
any one OF the QeIehOdHtS ~AOHo
If accompanied by the statement
that the instructions related to the
sufficiency OF evidence produced of
each defendant" Discussing this
point, lockwood said that the court
in this case declined to pass on
the question Of whether the con.
vict1on Of one Of several defendants
In a conspiracy case Is illegal, &C
the record in the case showed that
more than one defendant was con.
victed.
The jury was. excused until Mon.
day morning.