Evening star., 1947-07-03
Carson
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because they were accused Of aiding
and abetting May to receive or agree
to receive such compensation.
Besides the general conspiracy
count, one count charged that May
received q $1,000 check from the
Erie Basin Metal Products, Inc,
Carson combine affiliate in Illi-
nois, and deposited $4,000 of 1t in a
Washington bank in August, 1914.
This check was Endorsed by Murray
Carson.
Claimed Legal Use Of Funds.
May claimed he used all the $4,000
for operating and legal expenses OF
the Cumberland Lumber Co. in Ken
lucky and that he returned $1,000
to Murray Carson.
The Government charged sthat the
kentucky lumber company really
was owned by May, who claimed he
was the unpaid agent of the Cars
sons, and that May kept most Of
the 5000 for his own use.
The last count was based on a
total of $53,634 land other compen-
sation unknown" which May re-
ceived from the Erie Basin Co. and
the Batavia Metal Products, Inc,
another Carson affiliate in Illinois.
These payments, the Government
charged, were ostensibly made by the
Garssons to the lumber company for
lumber needed by the two Illinois
concerns. But the Kentucky COM
pany never delivered any lumber and
the Government charged that the
payments to the lumber company
were actually bribes to May in re-
turn for numerous letters and tele-
phone calls to high-ranking War
Department officials in behalf OF the
Garssons.
Judge Defines Main Issue.
The main question, as defined by
Justice Schweinhaut in his instruc-
tions to the jury late yesterday, was
whether May took money from the
Garssons in return for contacts"
he made with the War Department
in their behalf from January l, 1912,
through December 81, 1916.
THE issue is what the situation
was at the time the money was
paid" Justice Schweinhaut told the
jury. It was immaterial whether May
gave back to the Garssons the al
legged $4,000 in bribes If his original
purpose in making such contacts
was "for the purpose of obtaining
compensation" Justice Schweinhaut
held.
Justice Schweinhaut had told jury
members they could find the defend
ant not guilty on any of the three
counts. He said they could return
verdicts Of guilty against Henry or
Murray Carson or against both
brothers. But the jury, he explained,
could not convict the Garssons to-
gether or separately on any count
without convicting May.
Climax of 2-Year-Old Case.
Conviction of May and the Cars
sons climaxed a Government inves-
tigation that began almost two years
ago. After preliminary inquiry by
staff agents of the Senate War In
vestigating Committee, the full COM
mittee began closed sessions in June
last year. May and Henry Carson
appeared at those executive hear
ings, but they did not testify at open
hearings which began a few weeks
later.
Henry Carson refused to testify
and May proved elusive while the
committee made repeated efforts to
question him.
May was served with subpoena
by the committee last July 10. On
the eve Of his scheduled appearance
July 26 he notified the committee
he had suffered a heart attack. He
left a few days later for his home
in Prestonsburg, KY.
The Justice Department, after re-
ceiving the committee hearing rec
ords, presented evidence to grand
Jury that convened here last Octo-
Der 10. The jury indicted May and
the Garssons. as well as Freeman,
January %, and the trial opened In
District Court April %.
Much Evidence Unheard.
A surprising feature of the trial
was the amount of evidence and the
number of witnesses not heard by
the Senate's committee. Govern
ment officials disclosed that Federal
Bureal of Investigation agents were
assigned to the case and uncovered
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