Evening star., 1947-07-09
Motion for New Trial
For May and Garssons
Charges Prejudice
By Robert K. Walsh

Former Representative Andrew j..
May of Kentucky and Munition
Makers Henry and Murray Carson,
convicted last week on war bribe
charges, today asked a new trial In
District Court on the ground that
the verdict in their trial was the
result Of prejudice"
Council for the three men filed
motions with Justice Henry A.
Schweinhaut asking that the jury's
verdict be set aside, that an arrest
of judgment be ordered, and that
new trial be granted.
Justice Schweinhaut was out of
the city today but is to preside over
the civil session of District Court
next week. His Office did not indi-
cate whether he would set date at
chat time for arguments on the
motions. Attorneys said they be-
lieved the hearing would not be
held until September.
May and the Carson brothers are
free on $4,000 bond each, following
their conviction on all three counts
in the indictment which charged
that the former chairman of the
House Military Affairs Committee
sold his wartime services for more
than $50 900 in tribes and that the
Garssons conspired with him for
that purpose.
Verdict Called Unfair.
The verdict of guilty was return
ed under circumstances of prejudice
and i'll will against the defendants
in the District of Columbia, which
circumstances and i'll will were con-
stantly called to the attention of the
court during the trial." the motion
for a new trial asserted. This
rendered the verdict unfair and un-
just, and it should be set aside in
the interests of fair play and
justice"
The new trial motion, filed in be-
half of May and the Garssons by
Warren E. Magee, chief counsel for
May, contained 49 specific assertions
that the court enormously charged
the jury or otherwise erred in limit
ing the type and quality of evidence
which the defense wanted to intro
duce.
The defense statement declared
that Justice Schweinhauts charge
to the jury was "prejudicial." 1t
held that he "overemphasized the
allegations of the indictment and
the theories of the prosecution
overemphasized by words and con-
duct the Governments case and
underemphasized by words and con-
duct the defense case"
THE verdict is legal anomaly"
the motion said.
The other two motions were based
on claims that the Government
failed to provide sufficient evidence
Warranting a conviction on any of
the three counts in the indictment
and that it also failed to establish
conspiracy between May and the
Garssons. The conspiracy charge
was the basis for the first count,
and the other two counts cited spe-
cif1c instances in which May alleg-
edly received pay from the Cars
sons.
Indictment Attacked.
Defense counsel also attacked the
indictment as improperly drawn.
The motions asserted Justice
Schweinhaut should have allowed
the defense to introduce evidence
concerning the wartime contribu-
tions" by May as member of Con-
gress and committee chairman, and
also war production records of COM
: panies in the $78,0oO,0O0 Carson
munitions combine
The motions also asserted that
Justice SchWeinhaut should have
granted requests for mistrial made
from time to time during the trial.
Still another exception was taken
to Justice Schweinhaut's denial of
a defense request to strike out all
testimony by Joseph F. Freeman.
Freeman, the wartime Washington
agent for the Garssons, was orig
. inally indicted with the three other
F. men, but received directed verdict
. of acquittal midway in the trial.