Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-03-02
DAUCHERTy CASE
Jury IS STILL OUT;
REVIEWS EVIDENCE
Goff'S Orders on Treasury for
Payment of Claims Also
Asked For.
BROTHERS. TESTIMONY
ON BONDS is REREAD
Both Defendants in Court Express
Confidence Verdict Will Be
Favorable.
Bv the Associated Press

by the ASSOCldtSu
FEDERAL COURT, NEW YORK
March 2.-After a deadlock OF Ten
end a half hours yesterday the jury
considering the fate of former Attof'
ney General Harry NJ. Daugherty ano
former Alien Property Custodian Col
Thomas w. Miller on charges OF con
soiracv resumed its deliberations this
morning at 1925.
The Jury was locked up at 11:40 last
might after Federal Judge John =
Knox had repeated a portion or ms
charge at the request of the jurors
lie also turned over to the jury copy
of a report to President Harding from
United States Senator Guy ID. Goft'
made when the Senator WAS assistant IN
former Attorney General Daughefty
office. on the allowance of the Amer
;can Metal Cos $7,000,00e claim,
which resulted in the indictments OF
Daugherty and Col. Miller.
Both defendants We're in court early
and expressed themselves confident OF
a favorable verdict.
Jury Asks to See Orders.
The jurors asked to be shown the
orders on the Treasury for payment
a. the claims. These orders bore the
signature of SENATOR Guy ID. Gon OF
West Virginia.
They also asked to have read to
them part of the testimony of Nal S
Daugherty, Harry Daugherty's brother
This testimony related to the arrival
al the Midland National Bank, Wash
ington Courthouse, Ohio. of five $4,000
Liberty bonds. The bonds bore serial
numbers of those Richard Merton
German metal magnate, gave the late
John r. King, the Republican ma
tional committeeman from Connecticut
as fee for aid in having the claims
passed. Nal Daugherty testified the
bonds were given him by Jess w
Smith, Harry Daughterty's handy
man.
The jury then returned to the jury
room.
At II o'clock last night the jurors
sent a sealed note to Federal Judge
Knoy and at the time 1t was believed
that a verdict had been reached.
When Judge Knox arrived. how
ever, he said the note was a request
for more instructions on the weight
of testimony given by character wit
i1esses. As no questions were asked
Regarding Miller's case attorneys We're
of the opinion that the jury had
agreed on q verdict for him.
Judge Knox read parts of his charge
about character witnesses and some
of the testimony given by Miss Edna
Carroll. formerly Daugherty's secre-
tary, relating to a memora ndum of a
complaint sent by President Harding
10 Daugherty with respect to the
claim OF the Societe Suisse Pour
$Ex,I1 IL IAkD hi ioI. ooh
control of the American fetal Co.
The prosecution was based on this
claim.
Copy Of Letter to Harding.
The jurors also obtained copy of
a letter Senator Guy d. Goff, West
Virginia, former Assistant Attorney
General, sent to President Harding in
June, 1922, assuring Mr.. Harding that
the American Metals transfer had
been investigated thoroughly and that
the claim was supported by the best
of proof. Eleven checks placed in EVIL
dence by the Government also were
obtained by the jury.
Five months ago another jury ar
gued for 65 hours without reaching a
verdict in the case. Daugherty and
Miller are charged with defrauding
the Government of their best services.
Senator Golf, who testified for
Dpugherty and assumed full respon-
sibility for approving the American
Metals Co. claim and as result was
attacked by Mr.. Buckner in his
summation. yesterday unsuccessfully
sought to send a telegram to Buckner
from Washington. The message
however. was refused by the Western
Union Telegraph Co. The Postal
. Telegraph L. Gable Co., after trans
mitting it from Washington. refused
10 deliver 1t on the ground that II
contained "vituperative epithets." Mr.
Buckner had charged that the Sena
tor had changed his testimony from
that given before the grand jury 81
that he would not appear as having
been merely a rubber stamp"