4 A
THE OMAHA SUNDAY BEE: NOVEMBER 80 1919.
KIDICT NEWBERRY
AND 133 OTHERS
CI ELECTION CASE
'Corruption, Fraud and Con
spiracy Charged Against
.Senator Who Defated
V Ford in Michigan.
(Coatlnaed Frm Fsrc One.)
toner and opponent of Henry Ford
in, the democratic primary, received
from the Newberry organization
funds for his compensation and ex
penses in seeking nomination to
aid office of senator, at the pri
mary, the alleged purpose being to
aid the Newberry cause by pre
venting democratic voters from lirt-
it pleases
1 1
ins; up with Ford in the republican
primary.
In a list of 38 "overt acts at
tached to the indictments was an
accusation that Helm's "compensa
tion" for his candidacy was $50 a
week.
14 Men Charged.
These 38 alleged overt acts were
charged agaist 14 men and carried
accusations of having given rewards
ranging from promises of "a good
job to payments of sums varying
from $5 to $2,750 as returns for sup
port or activity in the Newberry
campaign. One country editor is al
leged to have received a ton of
printing paper.
. The extreme penalty which may
be imposed under the indictments is
a fine of $10,000 and two years im
prisonment. The identity of only the chief fig
ures in the case was revealed in
court today.
On instructions from Judge Clar
ence W. Sessions, of the United
States district court, the names of
the others were impounded, to be
released only when their owners
have been served with warrants
based upon the indictments.
Greatest Political Scandal
Government officials asserted that
the testimony presented to the grand
jury had revealed a political scandal
that in many respects was without
parallel in American annals. They
said it extended from the most pop
ulous wards of Detroit to the Indian
reservations on the shores of Lake
Superior, where aborigenes were
voted according to the behest of the
Newberry campaign organization.
It was alleged that voters were
bribed, election boards corrupted,
editors subsidized and moving pic
ture theaters bought up in the en
deavor to defeat Henry Ford, first
ft $ I
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in the primaries of both parties, and
later, when he had won the demo
cratic nomination, in the election
itself.
Officials Were Secretive.
Officials were a bit secretive as to
how the alleged conspiracy was un
covered, but a general outline of
their methods was made available.
A corps of investigators were sent
into the state under direction of
Earl J. Houck. who, with Frank C
r)aifv mrit aci.tant tA the at
torney' genera!, was a central figure
in me eiecnon iraua cases i acii
Haute. Indianapolis, Evansville and
Frankfort, Ind. These cases, be
ginning in 1915, resulted in some 200
convictions.
Dailv and Houck came to Michi
gan last August. Bank records
were inspected ana tne visuors hsis
of safety deposit vaults gone over.
With the tale of these as a starter,
the investigators were sent out.
they vtsitea smau iry politician
first, offering them vague hints of
ilrtiaf miorrif Am from a mvthical
campaign of certain Michigan poli-
tician. uojecnons 10
were followed by "confidential'
comparisons with the Newberry
campaign.
Small "Fry" Fall,
nknst-allv t 9 a!H thpie lesser
political leaders fell into the traps,
telling what they naa received ana
vht n handle the
money" in given wards of towns.
The next grade of political leader
was then approached and by this
method, :t was stated, a clear trail
was blazed to the "higher ups."
When brought into the grand jury
room and confronted with accurate
accounts of their conversations
with the agents, the men generally,
it was said, repeated their stories.
The government's legal experts,
headed by Mr. Dailey, Mr. Dalesou
sler of Grand Rapids, a former as
sistant district attorney, and Oli
ver Pagan, indictment expert for the
Department of Justice, took both
state and federal laws as the basis
for the indictments. The federal
corrupt practices act of 1910 limits
tke expenditures of senatorial can
didates to $10,000, and requires that
four statements be filed with the sec
retary of the senate, one preceding
and following first the primary and
then the election. The Newljerry
affidavit cited in the second" indict
ment was filed in compliance with
this act. ' '. ,'
The second federal corrupt praf-
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tices act which the indictments al
leged was violated, was passed n
October, 1918. It made bribery of
voters a crime after several federal
courts held that such an act was
not an offense against the laws of
the United States. This law came
into being after tha Michigan pri
mary, but just ahead of the election.
Also Use State Laws.
The state laws were brought in
because the act of 1910 provides
that if a state limits campaign ex
penditures to less than the $10,000
named in that act, then the state
law shall apply to campaigns within
that commonwealth. .As it happens,
the Michigan statutes limit cam
paign expenditures to a fourth of
the yearly salary of the position
sought for each primary or election
campaign An aspirant for United
States senator, in this state may,
therefore, it was argued, spend only
$1,875 on the primary and an equal
amount on the election campaign.
The law forbidding use of the
mails to defraud was first used in
election cases by Mr. Dailey in the
Terre Haute indictments. It was
applied to the Newberry case as
probably covering varjous letters
sent i to campaign contributors,
which letters, it was charged, were
worded so as to deceive the re
cipients as to the amounts already
collected by the1 Newberry treasury.
Use Own Statements. ,
To meet a probable defense that
Senator Newberry was ignorant of
the amount of money and its
sources used in his campaign, the
government intends to use a state
ment issued by the senator's man
agers shortly after the first rumors
of corruption began to be heard.
This statement showed receipts of
$178,856 and expenditure? of $176,
568. Of the contributions, John S.
Newberry, the senator's brother,
was credited with $99,900; A." Victor
Barnes of New York president of
the American Book company and a
brother of Mrs. Truman Newberry,
with $25,000; Henry B. Joy of De
troit, another brother-in-law of the
senator, with, $25,000, and Mrs.
Henry B. Joy, the senator's sister,
with $10,000.
Hold Newberry Knew.
The government will attempt to
show that all these persons confer
red with Trumatt H. Newberry
while he was a candidate, thus indi
cating his knowledge of the cam
paign. It also has a number of fet
ters, which he wrote to politicians
while the campaign was on. frea-
erick Cody, formerly a Detroit
school teacher, but now ot New
York and connected with the Amer
ican Bodk company, was named as
one . with whom the candidate con
ferred. iThese circumstances were also
used as a basis for the allegation. of
the second indictment, that there
was a general conspiracy to aid the
senator to obtain office illegally'.
There are two counts to this indict
ment, one relating to the primary
affidavits and the other to the elec
tion statements."
Spent Too Much Money.
The second indictment starts with
a count which charges expenditures
in excess of the legal , limit in the
primary and election combined; the
second couiit alleges the anie
charge with relation to the primary
alone and the third repeats tt as to
the election alone.
The fourth count charges viola
tion of the state election law in that
more than $6,750 was spent in the
two campaigns.
In this connection, it is ftotnted
out that while the federal law does
not forbid advertising in newspapers,
the Michigan statute specifically ex
cludes such a pre-election practice.
The statement of expenditures
listed by the Newberry campaign
managers includes items which total
about $148,Ut)0 tor newspaper aover
tising.
Bought Movie Films.
The count details that with the
excess campaign funds, district and
county agents ana managers ;- ana
numerous secret propagandists and
detectives were hired and their ex
penses paid; moving picture films
were bought and much literature
distributed, all of which acts are al
leged to be in violation of the
Michigan law. The government
agents said they had proof that one
movie film alone cost $8,000.
The fifth count charges con
spiracy to commit thousands of of
fenses against the federal act of Oc
tober, 1918, forbidding payment , of
money to voters. .
. The sixth count bristles with ac
cusations. It alleges that certain
defendants each contributed more
than the total amount allowed by
law, knowing all the time that they
were violating the statutes and that
certain of the defendants induced
others to give by falsely represent
ing the amounts, already contributed
to the campaign.
Politicians Kept $100,000.
It alleges further that more than
$100,000 of the amounts so con
tributed weret converted to the per
sonal use of certain politicians. It
is also charged that more than $100,
000 was paid to newspapers, cam
paigners of all degrees, for office
ana hall rent, dinners and other en
tertainment Tha charge that James Helm was
hired on salary and expenses to run
against Ford in the democratic pri
mary, follows a- d then come ac
cusations that republican candidates
for county offices were paid money
upon condition that they support
the Newberry senatorial aspirations.
The count concludes with , allega
tions of wholesale bribery of voters,
election boards and other officials.
Not in Washington.
Washington, Nov. 29. Senator
Newberry has not returned to
Washineton. but it was believed by
other senators that the action of the
Michigan grand jury m Jus case
wonld not chanze the status of the
petition that he be unseated filed by
Henry Ford and pending before the
senate committee on privilges and
elections. .The outcome of . the pro
ceedings in Michigan would be
awaited, it was said, as the senator
hardly would be called upon by the
committee to defend his title to his
seat in both places at the same time.
Cold Spell in West
Reported as About Over
Denver, Colo., Not. 29. Reports
from the Rocky Mountain states to
day indicated the cold snap is over.
In Denver at 10 o'clock this morn
ingNthe mercury stood at 35 degrees,
a rise of 'approximately 42 degrees
in, 24 hours. Warmer temperatures
were reported from all over the
district except in western Colorado,
where f heavy blanket of snow prob
ably wil! hold back the coming of
warmer weather several f jf i
Final Chapter Written ;
In Murder Mystery
(CratlaM Wnm rw 0at4
former waitress in Omaha and Des
Moines restaurants, whose parents
are said to live in Colfax, la., told
the police they wer absolutely cer
tain the body was that of Miss
Massette.
The efforts of the police to learn
anything about the woman's where
abouts, or to get in touch with her
relatives, have proved of no avail.
Neither have the police been able
to learn anything about the move
ments of a mysterious man, who is
said to have been seen the last time
with Miss Massette a few days be
fore the murdered woman was
found.
No Trace of Fugitive.
The man for whom the police have
been searching, until recently, was
employed as a waiter in Louie
Ahko's chop suey restaurant, Fif
teenth and Harney streets, i Miss
Massette and the waiter were seen
dining together in Ahko's restaurant
a few days before the murder was
discovered.
The man is said to have fled from
Omaha as soon as he read the news
paper accounts of the tragedy. He
was thought to have gone to Kansas
City, where his wife, according to
friends here, was visiting at the
time. No trace of the fugitive has
been found either, in that city or
any of the other dozen cities to
which the local authorities wired.
Miss Massette and the waiter
were said to have been sweethearts
until the man jilted her and mar
ried another woman. The girl is
alleged to have made studied efforts
to cause her former lover grief and
embarrassment in every possible
way. They were heard Ho quarrel
frequently and the police were told
the man threatened a half dozen
times to kill the girl if she did not
let him alone.
The girl left Omaha several
months ago and worked in a Des
Moines restaurant. Later she re
turned to this city and renewed her
tactics in causing misery for her for
mer lover. Repeatedly, friends of
Miss Massette declare, she had
threatened to prosecute the waiter
under the Mann act
Detectives working on the case
advanced the theory that the couple
quarreled in the restaurant the last
night they were together 'and the
man deliberatelyx planned the mur
der while they consumed their meal.
It is thought she was lured to a
room in a secluded section of the
Autopsy on Body of
Skinner Co. Watchman
Found Dead in Tunnel
An autopsy will be held Monday
on the body of Charles Babcock, 67
years old, night watchman for the
Skinner Packing company.
Babcock, who fives at Fifth and
Locust streets, East Omaha, was
found dead at 7:30 Friday morning
in the Skinner tunnel, South Twenty-seventh
and R streets. The body
was in a sitting position and evi
dently Babcock had not been dead
long when found as his body was
still warm. It was sent to the
Brewer undertaking rooms.
city, where the argument was re
newed, and in a burst of rage the
man sent a bullet crashing through
his victim's brain.
Later, it is. believed, he obtained
the assistance of a "friend, secured
an automobile, drove to the lonely
spot on Ridge road and there
dropped the body over the steep
embankment. It :s thought the hat,
coat and shoes were removed to
baffle attempts at identification. The
point also has been made that per
haps an entire change of clothing
was placed on the body.
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