Evening star., 1932-02-12
Justice Proctor Rules All Ten
Counts Fail to Show That
Anti-Smith Treasurer Knew
About Unreported Funds.
PROSECUTOR IS READY
TO APPEAL DECISION
Statute of Limitations Will Pre-
vent Reopening of Case if Higher
Court Upholds Ruling-Prelate
Was Charged on Last Day of
Time Limit.

Indictment of Bishop James
Cannon, jr., and Miss Ada L. Bur-
roughs, former treasurer of the
Virginia Anti-Smith Committee,
was declared invalid today by
Justice James M. Proctor of the
District Supreme Court, who suS-
tanned a demurrer against con-
Spiracy charges growing out of a
grand jury investigation of the
1928 anti-Smith campaign funds.
In a memorandum opinion, JUS
tice Proctor ruled that all 10
counts of the indictment were bad
because they fail to allege as a
fact that certain contributors
were known to Miss Burroughs,
as treasurer of the committee.
The indictment charged Bishop Can
non and Miss Burroughs with conspir-
ing to Violate the Federal corrupt prac-
tices act by failing to report funds con-
tributed by E. C. Jameson of New York
for the last presidential campaign.
Prosecutor to Appeal.
Assistant United States Attorney John
J. Wilson. in charge of the Cannon
prosecution. announced he would note
an appeal to the District Court of Ap-
peals from the decision OF Justice Proc
tor
Justice Proctor held there was no
need under the circumstances for de-
clsion on the question of constitution
alty of the corrupt practices act, which
had been attacked in the demurrer on
used in the election of presidential
electors, who have been held to be State
and not Federal officials
The court heard arguments Of coun-
sci last December, but Justice Proctor
had been prevented by illness from rem
dering an opinion earlier.
The opinion held that the indictment
failed in each of its counts to charge
that the questioned donations were re
ported and accounted for to Miss Bur-
roughs, the treasurer, or that she had
knowledge thereof"
May Conclude Case
1t was the belief in court circles that
If the Court of Appeals also sustains the
demurrer the district attorneys office
will drop further prosecution as a new
indictment would be impossible under
the statute of limitations. The last in
dlctment was handed down on the eve
of expiration of the three-year limita-
ton period.
Opinion Is Quoted.
The memorandum opinion invalidat-
ing the indictment reads:
Several counts of the indictment
accuses the defendants, Ada L. Bur
roughS. treasurer of a political COM
mittee to influence election of presi-
dental and vice presidential electors,
and James Cannon, jr., as her accom-
plice, with violating the corrupt prac-
tices act by failing to file statements of
certain contributions made for the COM
mittee Other counts accuse the de-
PENDANTS with conspiracy to commit the
offenses described in the counts men
toned above. Every count is grounded
upon an alleged failure to report con-
tributions made by one Jameson for the
committee, rather than directly to 1t
There is no allegation as to whom any
contribution was actually delivered by
Jameson or that the recipient made any
report or accounting to Burroughs, the
treasurer, nor is it shown that she had
knowledge thereof.
The defendants by demurrer chal-
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