New Britain herald., 1926-09-29
Court Will Convene Again Tomorrow Morning When Judge Will Make Known His Decision in Matter.
Arguments Being Made in Private But Heated Words Heard Outside Indicates That Session Is Spirited One.

New York, Sept. 29 LP - The jury in the Daugherty- Miller con- spiracy trial was dismissed today until 1O:30 o'clock tomorrow morning to allow defense attorneys to continue to present their argu- ments on dismissal motions before Judge Mack in chambers.
 When a recess was taken for lunch 1t was learned that the ar- guments would be continued dur. ing the afternoon. It was under stood that the judge had made no rulings on the motions before him today.
 The discussions were held In private in Judge Mack's chambers in the Woolworth building.
 Heated Arguments
 Attorneys upon coming out of the judges chambers in the Wool worth building, told newspapermen that heated argument was still be- ing made on the first defense mo- ton, that to strike out the testi- mony of Richard Merton, German metal magnate, concerning conver- sations he had In 1921 with George E. Williams, assistant to Alien Property Custodian Thomas ". Miller.
 Defense attorneys have objected to this conversation, relating to Merton's claim. entered in the alien property custodians office at that time. for release of sT,000, GOO impounded assets of the American l Metal. company. on the ground that 1t would be admissible only if Williams had been shown to be q co-conspirator in plan to re- lease the assets illegally. No evi- ! dence to this end has been intro- duced by the government, they maintain.
 Other Motions Planned
 After the judges decision on the Merton-Williams conversation, the defense planned to make similar motions concerning talks Merton testified he had with two other government officials, Guy D. Golf and Adnah R. Johnson, concerning | his claim.
 The last motions to be made by the defense were admittedly to be l for dismissal of the whole trial on the ground that no evidence had been introduced connecting the de- fendants with any fradulent action. Miller and Harry NJ. Daugherty. attorney general of the Harding cabinet, are charged with conspir- ing to defraud the government of their best services In permitting approval of the Merton claims.
 They are not charged with ac- cepting bribes, but evidence has been offered by the government tending to indicate that they re- ceived the bulk Of a s441,ooo fee given by Merton to the late John T. King. republican leader. to put the claims through the defendants offices. During the trial defense counsel have objected to this line of evidence on the ground that 1t was introduced to prove bribery. although that is not the crime with which the defendants are charged. Judge Mack ruled, however. that bribery might be shown as the in- ducement to conspiracy. Continued argument on this point was ex- pected to be made by the defense at today's closed hearing in cham bers.
 Early this afternoon brief re. cess was taken In the hearing in , the judges chambers and some Of
 the attending attorneys came out into the hall where newspapermen l were waiting for word of progress. } William S, Rand. chief counsel 7 for Miller, said that up to that
 time all discussion had been con-
 corning the Merton Williams con- } versation motion. He said this mo- ton had been made by Max D. Steuer, chief attorney for Daugh- erty, and that he (Rand) had not r as yet made any motions.
 Rand said that after the specific . motions relative to the admiss!hil- 3 ity of conversations had been dis. : posed Of. first Steuer and then he
 would make formal motion for | dismissal Of the case against theil 2 | clients