The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-10-09
THE HARRIs-BRAGG CASE.
Opening Day of the Trial.


morning was well filed long before the an
nencment s'The Court" the special attrac-
tion being the trial of James W. Harris and
Henry NJ. Bragg of Boston.
The respondents were represented by the Hon
A. A. Strout of this city, and Thomas e. Bar.
ry, Esq, of Boston. Mr.. Strout was early in
court, but Mr.. Barry came in late, aocompan-
led by Harris Bragg and third party, all
loaded down with law books, from which the
learned counsel for the respondents proposed to
draw good sound and weighty reasons of law
why their clients should be discharged.
eve shall not object to any of the gentle
men of the iury' observed Mr.. Strout, as he
leaned with his hands in his pockets, against
the rail separating the gentlemen OF the bar
and the reporters from the outside public
William e. Harris was not in court, and
therefore was not tried.
The Indictment was read.
MIR. LuNTs ADDRESS
Mr.. Lunt opened for the government and
read the statute of the United States defining
the penalty for this, and like offences as fol
lows:
Section $40. If two or more persons con-
spire either to commit any offense against the
United States in any manner or for any pur-
pose, and one or more of such parties do any
act TO effect the object of the conspiracy, all
the parties to such conspiracy shall be liable to
a penalty of not less than $1,000, and not more
than $4,000 and to Imprisonment not less
than two years.
That the section contains specification of
what may be an offence under the laws of the
United States, II a persons devises a scheme
to defraud, and puts it in execution he puts
himself within the scopd OF this section. If he
takes letters out. or puts letters into the post
office ia execution of such intent he brings
himself within the scope of this statute. But
the first section read defines the offence, th
is the section (5440) nnder.which these respond
ents are indicted.
Section 5480. If any psrson having devised
or intending to devise any cheme or artifce
to defraud, or be effected by either opening or
intending TO open correspondence or communi-
cation with any person whether resident with
in or without the United States by means of
the post office establishment of the United
States, CT by melting such other person 10 open
communication with the person SO devising or
intending shall in and for executing such
scheme or artifics, or attempting SO to do place
any letter or packet in any post Office of the
United States. or take or receive any there
from. such person. so misusiDg the post office
establishment shall be punishable by fine of
not more than $500, and by imprisonment for
not more than Is months or by both punish
ments.
Mr. Lunt here read from authorities the def
milton of the word Conspiracy" sit may
be acts, without spoken words" sIt
is combining together to do an unlawful
act, or lawful act in an unlawful way
''The gist Of the offence is that it is an Unlaw-
ful combination to do a criminal and unlawful
act" ''All parties are held equally guilty,
any connectic with the overt act being
enough to make the act of one the act of all
ut is enough that one of the psrties be able to
do the overt act, and that the rest consent to
it,"
Mr. Lunt then addressed the jury in regard
to the fact of the case. The parties to the al
legged conspiracy are James W Harris, Henry
NJ. Bragg. William e. Harris, who is rot here,
a son of this respondent, showed himself par
ticularly active in an attempt to carry out
scheme to defraud persons all over the conn-
try, and in the prosecution of that scheme he
received, as we shall show, tie active co.opera-
ton and assistance of these two respondents
William q. Harris is young man of about la
OF 20 years old.
Mr.. Lunt read at this pointthe Campbell ad-
vertisement, and pointed out that it was ad-
dressed to the most helpless and likely to be
deceived class of the community; class likely
to fall into the trap thus set; class always in
want OF respectable employment; class gen
orally of limited means. To this advertisement,
published in the Bangor Commercial, the Wit
nesses here present responded, and received in
reply printed circular, promising work on re-
ceipt of one dollar.
We find all these parties James W Harris,
Henry M. Bragg and William E. Harris con-
nected in business in an Office in store in
Boston, where ~. W. Harris & Co. carried on
whatpurported to be acommission business The
advertisement published in the Bangor Com
mercial we shall show to be in the handwriting
of William E. Harris, the young son of this
respondent James w. Harris. In the Office of
J. W. Harris & Co. was found considerable
qnantity of the envelopes, like those sent for
the return of the one dollar to the supposed
luOL1d6 a. Ohtu pD61t NOW as 10 Jl0 guilt Oh
these parties. If stolen goods are found on
the person of man, the fact is supposed to be
l)T3Tl1G tdc2e evidence OF guilt James w Harris
came to Portland, opened box 796 in the post
ofhce, took, or attempted to take out the let
ter5 in the box. When arrested he told con-
Trajectory stories; absurd stories stories SO abb
surd as to carry on the very foce of them evi-
dence of their falsity. Mr.. Lunt here repeated
the story told by Harris duplicating Arthur
W Hooper. shall prove that William E.
InrR Rfc Inn1
Hooper did not give Harris the key to box 796
in the Portland post office. The statement
made that Harris was requested mot to open
the mail is absurd it wouldsbe an insultingsas
well as unusual request
Henry Nj. Bragg associated with James w.
Harris In the business in Boston, was in that
city when informed of the arrest of Harris.
The officer went from this city to Boston with
letter of Introduction from James w Hra-
ris, giving Bragg the information of his ar
rest, and requesting him TO render all assist
ance in his power TO the officer. Bragg would
give no information, but at the same time Will.
liam q. Harris and Arthur W. Hooper were
IN the store. Young Hooper we shall show
was not connected with the crime. He knew,
indeed IN general terms that some scheme was
carried on in the office of ]. w. Harris g. Co.
Bragg ordered Hooper "to keep out of the
city awhile knowing tho officer was search
ing Tor him, promising ''to make it right with
him." And later, we find Bragg taking deem
S~SS'
"pal' Harris to escape.
T 1t is not necessary that we prove that these
parties set down to plan their scheme. IT is
enough that we show all to have been working
for one common end. It is only necessary. as
the court will instruct you, to prove the acts of
eachsindiyidual, and an agreement is to be in
ferred from those acts all tending to one COM
mon end.
This offence may be transacted in many dis
tricts. Ii the conspiracy is formed in the
State Of Massachusetts, and one of tbs conspi-
| rstors comes to the District of Maine to per-
form any act connected Herewith, he brings
| all the conspiracy with him to the District Of
Maine, and all parties can be punished here
! Again the 'office" of Thomas A. Campbell
was located at 10 Middle street, room five.
No such an office was found. Letters were
mailed from Boston, and from the railroad
postoffice, but when James W. Harris took the
letters from Box 796, he then committed an
| overt act that brought the whole conspiracy
within the District of Maine.
Mr.. Lunt reminded the jury that this is a
crime very difficult to prove, in ordinary cases
when one of the parties does not make con.
! fession. William e. Harriss is not hero, and
| consequently not upon trial. 1t remains, there
fere, for the government to show the connec-
tion Of James W. Harris and Henry NJ Bragg
| with him.
| Mr. Tnntenotra fo, oxyar m boop