Evening star., 1926-09-29
DAUGHERTY TRIAL
HALTSFOR PARLEY
Dismissal Motions of De-
tense Discussed in Judge
Mack's Chambers.
By the Associated Press.

BY the Associated Press.
NEW YORK, September 29.-The
morning session Of the Daugherty-
Miller conspiracy trial was called on
today in Federal Court in order that
Judge Mack and the attorneys might
continue their discussions of dis
missaI motions, made by the defense.
The Government rested it's case
Yesterday afternoon and court was
adjourned, after which the judge
and lawyers considered the various
motions. When court opened at the
usual hour today the clerk an
nounced that there would be no ses-
sion until o'clock this afternoon:
The discussions We're held in prl-
vate in Judge Mack's chambers in the
Woolworth Building.
Heated Argument Heard.
Attorneys, upon coming out OF the
Judges chambers, told newspaper
men that heated argument was still
being made on the first defense
motion, 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 Prop
erty Custodian Thomas w. Miller.
Defense attorneys have objected to
this conversation, relating to Merton's S
claim, entered in the Alien Property
CustodianS office at that time, Tor
release of $1,000, 900 impounded assets
of the American Metal Co.. on the
ground that it would be admissible
Sh0Iun
be a co-conSpirator in a plan to re-
lease the assets illegally. No evidence
to this end has been introduced by
the Government, they maintain.
After the judges decision on the
Merton Williams conversation. the de
fense planned to make similar mo
tions concerning talks Merton testlned
he had with two other Government
officials, Guy ID. Goff' and Adnah X.
johnson. concerning his claim.
The last motions to be made by the
defense were admittedly TO be for
dismissal of the whole trial ON the
ground that no evidence had been IN
troduced connecting the defendants
with any fraudulent action. Miller
and Harry NJ. Daugherty. Attorney
General of the Harding cabinet. are
charged with conspiring to defraud
the Government of their best services
In permitting approval of the Merton
claims.
Government Ends Case.
The Government completed its case
Yesterday after having traced most
of 1891 900 in Liberty bonds from the
hands of Merton to the late John L.
King. who was indicted with Daugh-
erty and Miller; to Miller; to bank
where Daugherty had accounts. and to
the late Jess Smith who was Daugh-
erty's political handy man before he
committed suicide in Washington. The
balance of the commission paid King
was a $50 900 check.
Court adjourned yesterday on con
clusion of the Governments case, and
Judge Mack went into private con-
ference with Federal Attorney Buck
ner and defense attorneys.
Max d. Steuer, attorney for Daugh-
erty, revealed that at that conference
there was some discussion of a motion
to take the case from the jury. on
the ground that Daugherty had been
required to testify before the grand
jury which indicted him.
Senator Guy d. Golf of West Vir-
ginia, who was Daughertys assistant
and who signed the approval of the
claim, is expected to be one of the
former Attorney Generals chief wit
nesSes.