Evening star., 1934-04-17
u. S. CLOSES CASE
AT CANNON TRIAL
Defense Moves for Directed
Verdict of AcquittaI.
Argument On.
BULLETIN.

BULLETIN.
Bishop James Cannon, jr., and
his secretary, Miss Ada L. Bur-
roughs, prepared this afternoon
to defend themselves against con-
spiracy charges after a motion
for directed verdict in their
favor had been overruled by JUS
tice Peyton Gordon of District Su-
preme Court.
The Government closed its con-
spiracy case against Bishop James
Cannon, jr.. and Miss Ada L. Bur-
roughs in District Supreme Court to-
day and counsel for the defendants
Immediately asked the court for a
directed verdict of acquital.
Justice Peyton Gordon is exuected
10 rule on this motion after Govern
ment attorneys have had opportunity
to answer the defense argument.
Bishop Cannon and Miss Burroughs.
his secretary, are charged with con-
spring to make an improper report
OF a $65,300 contribution by E. c.
Jameson. New York insurance execu-
tive, during the campaign against
Alfred E. Smith, when he was running
for President in 1928.
Fulton Argues Motion.
After the Government had rested
at 10:40 am, Attorney M. j. Fulton,
contendlng there was no evidence to
support the conspiracy charge, asked
the court to discharge both defend
ants.
Fulton, who is representing Miss
Burroughs, argued that the Govern
ment had failed to show his client
had any knowledge of the Jameson
contribution until January 5, 1929.
On that date, he conceded, there was
evidence showing she knew that ST.
800 OF the Jameson money was used
by the Headquarters Committee of
anti-Smith Democrats, which she rep
resented as treasurer. He asserted.
however, there was complete absence
of evidence to show she had anv
knowledge whatsoever of the remain
ing $4,000 allegedly spent in the Vir-
ginia State campaign.
The charge in the indictment is
based on the alleged failure to report
expenditure of the $4,000, it being
conceded that the $1,000 item was
properly reported.
Stresses Jameson Testimony.
Fulton stressed the fact that jane
son, Government witness, had testi-
ned he did not contribute to any desig-
mated committee, but gave the money
to Bishop Cannon for use as he saw
fit.
There has been an utter failure on
the Governments part to prove that
this contribution was made for a
political committee to be used in two
States, as alleged in this Indictment"
the attorney declared. In such cir
cumstances, it would be an outrage
against these defendants to permit
this case to go to jury"
He also asserted the conspiracy
charge had not been made out be-
cause there was no evidence of a
common understanding or purpose be-
tween the two alleged conspirators.
Attorney Robert H McNeill, appear
ing for Bishop Cannon, was expected
to follow Fulton with a similar argu-
ment on behalf of his client.
The Government closed its case
after E. j. Armbruster, accountant Of
the Bureau of Investigation, had con-
cluded his testimony.
Question Causes Dispute.
Assistant United States Attorney
John j. Wilson asked Armbruster
concerning the total Of anti-Smith
money on deposit in Richmond, and
McNeill objected to the question. Will
son made some remark to the effect
that McNeill was trying to prevent
pertinent facts from being brought
to the attention Of the jury.
Il won't have aSpersionS cast on
my conduct Of this case" McNeill
shouted. 1T not only is an insult to
me, but 1t prejudices the interest Of
these two defendants I am not try
ing to conceal anything. and such
remarks are made only so the jury
can hear them"
United States Attorney Leslie c.
Garnett whispered something to him
and Mcneil said: When I am out
ragged, intend to have something TO
say about it."
Government counsel. in making
their reply to the motion for the di-
rected verdict, will contend they have
a prima facie case against
the two defendants. If they were dis
turbed by Fulton's argument, they
gave no indication of it as they sat
toying with a combination
corkscrew and bottle opener as the
defense attorney built up his argu-
ment.
Check Transaction Explained.
An exchange of checks between
Bishop Cannon and Miss Burroughs,
described as wash" transaction.
was described yesterday by Armbrus-
ter
The transfer of checks, according to
the Government, was accomplished
February II. 1929, as Miss Burroughs
was preparing her fifth report Of
campaign expenditures for the House
of Representatives.
Miss Burroughs, it is alleged, re-
ported refund of about $4,000 to
Bishop Cannon, but did not have
enough money to cover a check for
this sum in the account maintained
in the American National Bank at
Richmond as treasurer of the Head
quarters Committee of the Anti-Smith
Democrats.
Tells of Personal Account.
Bishop Cannon, it was testified, had
personal account in the same bank
with about $500 on deposit. He al
legedly drew a check for approxi-
mately $4,000 to Miss Burroughs as
trpa Sl1rer nf the POYr1rnittao Tho,a