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Show HEflELEOT ! FRAUD TRIAL DPEPJS; I i Assistant Attorney General De- scribes Michigan Senator and j Agent in Strong Terms GRAND RAPIDS. Mich , Feb. 2. i The fraudulent election conspiracy I which the government qharges against United Slates Senator Newberry andj his co-defendants, had its inception in j Ncw York; in 1917. according to the opening statement which Frank C-i C-i Daily, assistant attorney-general made lo the jury in United States district i court here today. He said Senator Newberry and Frederick Fred-erick Cody, whom he described as "a legislative agent for large corporations, corpora-tions, particularly the American Telephone Tele-phone and Telegraph company and the American Book company," as the men j who made the "preliminary arrange-; ments." He added : "They "had deter- i mined to purchase the United States senaiorship in Michigan for Newborn-." Mr. Daily told the jury that the sen-' ator was then on "patriotic work" in New York City as a lieutenant commander com-mander in the navy, adding that the American Book company "was largely controlled by the Barnes' family to which Mr. Newberry was related by marriage." Mr. Daily said that Cody was com I missioned to hire a manager for ihe campaign that J. G. Hayden, Washington Washing-ton correspondent of the Detroit News Iwas offered $"500-a- month but refused; the position because "he did not want: that kind of a job." Mr. Daily said solicitations of Hayden ceased, suddenly sudden-ly after tho latter had advised Mr. Newberry "not to conduct a 'barrel campaign.' " i Mr. Daily then shifted the scene in Detroit, where he said February there 'was a conference of Michigan politicians politi-cians known as "Cody men." This conference, he said, selected Paul II. King, one of tho defendants, as manager man-ager of the compaign. "During the campaign," said Mr. Daily, "Mr. King paid out a vast sum of money." The prosecutor then sketched tho publicity campaign of the Newberry organization, charging that they sought advertising space in "even' newspaper and magazine in the state." He then turned to the use of moving mov-ing pictures, saying .that Thomas R Phillips of Detroit, one of the defend-! ants, was sent to New York to negotiate nego-tiate for them. "Phillip purchased about 1,000 feet of an old film showing a review of the United Slates navy," said Jlr, Daily.i "The sub-titles wore changed so as to make the pictures applicable lo the propaganda for which thev were intended. in-tended. Mr. Phillips also emploved a moving picture company to take 125 Teet of new film. Newberry Poses in Film Mr. Newberry posed in various attitudes atti-tudes in the new film. He went to a battleship located on dry land in a New York park and stood on the bridge of the ship and turned slowlv to face the audience while tho camera caught him in this attitude. "He next plnyed that he was paing a visit of inspection to this battleship. "To divert attention from the fact that the film was a Newberry advertisement, adver-tisement, and render it more misleading, mislead-ing, the film terminated with an appeal ap-peal for enlistments in the navy." The prosecutor read a telegram which he said was sent in September, 191S, to Colonel Theodore Roosevelt at Oyster Bay bidding for his approval of the Newberry candidacy. He said this telegram "was signed "Newberry volunteer committee, Chas. A. Floyd, secretary." Thousands in Campaign Fund The telegram stated that $176,000 had been contributed to the campaign by many subscribers, but, according to the prosecutor, the campaign state ment of the committee showed that five contributors- alone gave 169,900 and named John S. Newberry, a defendant' de-fendant' and brother of the senator, Mrs. Nancy B. Joy, a sister and her husband, and Yictor Barnes and Lyman Ly-man B. Smith, of the American Book company Mr. Daily said the money went for automobiles and halls, workers at the polls, votes, banquets, liquor, cigars, and flowers. Ho charged that some custodians of the money used it to pay personal debts. There was also, he said, a system of gratuities. A $50 bill also was placed in a book so that it could be found by one citizen nnd a banker was given $500 for his influence, influ-ence, the prosecutor charged. "They employed men to work particularly par-ticularly among railroad unions," said Mr. Daily. j Agents Among Lumberjacks He said special agents Avere hired to work among the Indians, lumberjacks, lumber-jacks, negroes, factors' workers and sailors on the Great Lakes. "They ingratiated themselves into the churches wherever possible by the J use of money," continued Mr. Daily. "The defendants wasted a great deal of money in an attempt to control the nomination of the opposite party," he continued. "They arrived at the conclusion con-clusion that the defendants, James W., Helme, would be a suitable opponent to Mr. Newberry in the election and hired the defendant, William Mickel to induce Mr. Helme to become a can i didate on the Democratic ticket." ' Helme Paid to Enter Race f. Mr. Dally charged that Mickel was ,j later told by Charles Floyd that Sara- I uel O'Dell, a defendant, had paid Mr. i Helme to enter the race. Mr. Daily said the Newberry orngal- ki zation got up the petition by which Mr. Heinle's name was placed on the I Democratic ticket, managed his cam' 1, paign and "paid Helme a weeklj' salary." "A Accounts Not True ' ,jJ He said that evidence would shon that neither the report of the commit- " tee nor their books gave a true ac count of the receipts and expenditures ?J that county chairman and secretariei t who received from $950 to $1,20U "were asked to make reports showins that they received from $150 to $200" and that no mention was made of the '-j amounts "expended in behalf of James ! W. Helme. i |