Evening star., 1949-01-24
May, GarSsons
Appeals in
War Fraud Case
; Face Prison Terms;
Stephens Dissents
On Indictment Form
By Robert K. Walsh

The United States Court Of
Appeals today upheld the District
Court conviction of former Rep
resentative Andrew J. May Of
Kentucky and Henry and Murray
Carson, wartime munitions
makers, on charges Of conspiracy
to defraud the Government and
the giving and receiving of
money for services by May.
Today's decision was by a 2-to-l
vote, with Judges Prettyman and
Edgerton affirming the lower court
verdict and Chief Judge Stephens
dissenting.
May, wartime chairman of the old
House Military Affairs Committee,
and the Carson brothers were sem
fenced to serve eight months to two
years in prison following their con-
viction July 25, 1947.
$4,000 Brides Charged.
The three were convicted on a
general conspiracy charge, and May
was found guilty on additional
counts of accepting more than S53,-
900 in bribes for services he gave the
Carson brothers. The Garssons in
turn were found guilty also on
charges of aiding and abetting May
in acceptance of the money.
The three have been free on
$4,000 bonds each, fixed by Judge
Henry A. Schweinhaut, who pre-
sided at the District Court trial,
which lasted II weeks in the spring
and summer of 1947.
In LeWisburg, Pa, Attorney
Charles J. Margiotti. counsel for
the Garssons, told the Associated
Press he would appeal the ruling
to the Supreme Court
Today's majority opinion, written
by Judge Prettyman, rejected nine
specific points raised by counsel for
May and the Garssons, in argu-
ments before the Court of Appeals
almost a year ago.
Chief Judge Stephens dissented
principally on the ground he be-
lieved the indictment was improperly
drawn.
Objects to Procedure.
He declared the Government
should have tried the defendants
either on general conspiracy
charge or under the statute relat-
ing to acceptance of money by a
member of Congress for services
to private citizens and companies.
The majority opinion held, how
ever, that the indictment clearly
and properly" charged one conspir-
acy embracing all the defendants
, and that May was properly tried
, at the same time under the statute
concerning unauthorized acceptance
of money by a member of Congress.
The opinion also brushed aside
defense contentious that Judge
SchWeinhaut was unfair.
I'VE have read all portions of the
record cited to indicate hostility or
bias on the part Of the trial judge"
the opinion stated.
Find Judge Impartial.
They not only failed to show
bias, but affirmatively indicate that
the trial judge was both impartial
and temperate, and this under the
stress of long and bitterly con-
tested trial"
May and the Garssons, as well
as the late Joseph Freeman, war
time Washington agent for the
Garssons, were brought to trial in
connection with Cover ment
charges that May used his Congress
sional office to get favors and per.
form other services for the Cars
son brothers.
Freeman was freed of the con-
spiracy charge by directed ver-
dict of acquittal. He still faced a
charge of perjury growing out OF
/ the case when he died in Los An
geles on January 18, l948, of q
| heart ailment.
The Garssons during the war
operated chain of munitions plants
throughout the country, with huge
Government contracts.
Specifically they were charged
with having conspired with May to
Is set up the Cumberland Lumber Co.,
near Mays home in Kentucky. May
allegedly received at least $53,634
through that company but, accord
ing to the Government, the money
actually came from the Garssons
through two of their companies, the
Erie Basin Metal Products Co., and
the Batavia Metal Products Co., both
in Illinois.
Immunity Plea Denied.
In their appeal, May and the
Garsscns claimed they were immune
from prosecution because May vol
unfairly testified before the old Sem
ate War Investigating Committee
in 1916 while Henry Carson made
general statement refusing to
waive his constitutional privilege
of refusing to testify before that
committee.
The Court of Appeals declared,
however, that May had no immun-
ity before the Senate committee be-
(See CARSON. Page A-6,)