Evening star., 1947-01-13
CurIey
CONTINUED From First Page.)

free on bail since their conviction
after trial last winter
The Appeals Courts decision was
divided, "a to l. Justices Henry w.
Edgertorl and E. Barrett Prettyman,
in their majority findings, stated,
"it seems to us that in the case at
bar~the jury might reasonably con-
clude that, beyond any reasonable
doubt, the members of this organ
lied group consciously planned to
secure funds from outside parties by
gross Misrepresentation, and to-
spend that money, anticipating that
If the main venture were successful,
abundant profit to all would result,
but that if it failed the loss would
be upon the customers and not upon
the group.
Element of Risk a Question.
eff the group knew that the ven-
ture was fully speculative risk, but
pursuaded the customers by false
statements that reasonable certain
ty of success and full certainty of no
loss were insured, the scheme was a
scheme to attain money by means Of
false representations and promises" 4"
In dissenting opinion, Justice
Wilbur K. Miller declared:
'It is my view that the jury
should have been instructed to find
the appellant, James NJ. Curley, not
guilty. The wrongs were done by
Fuller. Curley made no representa-
tions to anybody. ="
whether Curley was guilty de-
pended, therefore, on whether we
knew of the wrongful acts being
committed in the name of the group.
That, the court directly says, is the
crucial question with respect to him.
There was no criminal intent If he
did not know. If he knew, then it
would follow that he had become a
conspirator with Fuller. But the
evidence of knowledge must be clear,
not equivocal. ="
"* 1t is as reasonable to con-
clude that Curley was victinized by
Fuller, as that he was a conscious
participation in the fraudulent
scheme. 1t is my opinion, there
fore, that the verdict of the jury
as to Curley is not supported by
that degree Of truth which I deem
essential to a finding of guilty
knowledge, and criminal intent, and
accordingly 1 think the judgment
as to him ought to be reversed"
Rehearing to Be Asked.
Curley's attorneys told reporters
they will petition the appeals court
for a rehearing of the essential
points in the case, particularly in
view of the divergent opinions OF the
court" They said this automatl-
cally will stay the sentence OF the
lower court.
Should a rehearing be denied.
Attorney Nicholas j. Chase added,
the case will be carried to the Su-
preme Court.
Curley was elected Mayor of Bos-
ton during the trial. He continued
as representative in Congress from
his district. Previously he had
been Governor of Massachusetts,.
/ Counsel for Curley and Smith
asked the appeals court on June .
to reverse the conviction, contend
ing that Curley and his two CO.
defendants were subjected, IN ef-
feet, to second trial.
Second Trial" Alleged.
William S. Leahy, Curley',s chiel
attorney, told the court that the
defendants were subjected to sec.
ond trial when the jury In the CASE
was permitted to see the evidence
second time during its delibera.
tionS.
Mr.. Leahy asserted that Curley
never received any funds from En-
Egineers' Group, never made any
representations or wrote any let.
ters in its behalf, and that he hae