An indictment upon a single charge was brought against Silverthorne and his father. Both parties were arrested on February 25, 1919, and were detained in custody. When they were so detained, representatives of the Justice Department and U.S. Marshalls went into the Silverthorne company offices and made a clean sweep of all books, papers, and documents found there. Silverthorne then made an application for the return of all the materials. Photos and copies of material papers were made and a new indictment was framed based upon the knowledge thus obtained. The district court ordered the return of the materials but impounded the photos and copies. Subpoenas were issued to produce the originals and then served upon the Silverthornes. They refused to comply. It was found that the papers were seized in violation of their rights. Contempt was issued against Silverthorne.

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