The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-06-06
Government Scores Point in
Machen's Case and viii
Not Show Its Hand
&
ACCUSED MANS COUNSEL
SAY CLIENT IS INNOCENT
1t Is Said the Checks Secured BY the
Inspectors Were From a Partner
of Machen's In the Mining
Business.

Washington, June 5.-The grand jury
today reported an indictment against
August W. Machen, former superinten-
dent OF the free delivery service of the
postoffice department, who was arrest
ed several days ago, charged with shar-
ing profits on government contracts for
letterbox fasteners. The indictment was
brought for violation of section 5501 Of
the revised statutes, the penalty for vio-
lation of which Is a fine not more than
three times the amount asked or accepted
or received and by Imprisonment to not
more than three years.
The amount which the indictment states
he received illegally is s1S,9s7.79. Mr..
Machen was in court with his attorneys
when the grand jury reported and imme-
diately gave bond in the sum of $4,000 for
his appearance In court. His sureties
were o. G.. Staples, David Moore, f. M.
Criswell and Emanuel Speich of this city.
The trial will occur in october.
Government Scores Victory.
By securing an indictment of Machen
before the day set for his preliminary
hearing before Commissioner Taylor, the
government has scored victory In that
1t has avoided the necessity of showing
its hand at a preliminary hearing. The
proceedings before the commissioner now
will be bandoned.
In discussing the case with his friends,
Mr.. Machen says that certain checks
which 1t is maintained were sent to him
in payment of his profits in the Croft
fastener and which have been secured
by the postoffice inspectors, were sent
him by his business partner, George e.
Lorenz of Toledo, o., and formerly post
master of that city.
Mr. Machen claims that his partnership
with Lorenz was strictly legitimate one,
and that the checks transmitted to him by
Lorenzo were in connection with mining
business which the firm conducted.
Although the amount of these checks
cannot be ascertined, Mr.. Machen says
that the one for the largest amount repre-
sents a personal loan to himself from
Lorenz.
Did Not Receive Profits.
Mr.. Machen further states to his friends
that he was not a partner of the Croft
Brothers concern, and that he did not
receive any of the profits from the sale
of the letter box fastener to the govern
ment. He says no wrong doing will be
proven against him, and that the only pos
sible cause there may be for criticism of
his administration so far as the Croft fas-
tener is concerned, is that the price paid
for the article may be considered excess
sive.
This was necessary. he maintins, be-
cause the article was a patented affair
and the larger price paid for 1t was In
line with the universal practice in the
purchase of articles which are patented
f@,- xxr1,nr te at
His counsel tonight gave out the fol-
lowing statement:
THE Indictment against Mr.. Machen by
the grand jury Is such lengthy document
that we have had no time or opportunity
to consider it, and we, therefore, cannot
say anything about the charges in the
nine different counts. At the instance and
under the direction of the authorities a
warrant of arrest against Mr. Machen
was asked for and obtained from United
States Commissioner Taylor and lengthy
supporting affidavit was filed In which
direct charges of criminal acts were made
Wanted Immediate Hearing.
Upon Mr.. Machen's arrest, we de-
manded an immediate hearing which was
opposed by the government, and at the
request of the government a continuance
was had until June 6. Mr.. Machen and
his counsel had evidently reasons to be-
ueVe that IN the interim no steps would
be taken to deny him the preliminary
examination to which he was entitled. The
authorities responsible for the issuance
of this warrant have seen proper to
bring the same charges now pending be-
fore Commissioner Taylor to the atten-
tion of the grand jury.
THE grand jury has. in consequence.
indicted Mr.. Machen before the date fixed
for the full hearing before the United
States commissioner. If you want the
reasons for this proceeding, you will have
to seek 1t from the prosecution. We do
not know. We can only surmise and
that much the public can as we'll do as
counsel for the defense. Suffice 1t to say
that the legal effect of this course of
policy (Which is unusual and unfair, IL
not unprecedented in this jurisdiction). is
to deprive the defendant of an open
public Investigation into the truth of the
chargt ; TO which he is fairly entitled
and " Och sound public policy vouch-
safes / y him. This action may or may
not be technically legal, but there seems
to have been no necessity for the course
pursued Mr.. Machen has all the while
been WI hin the Jurisdiction of the court
under heavy bond and ready to respond
to any process of law. The course the
defendants counsel will pursue in the
matter cannot now be made public, but
sooner or later, and 1t will be sooner than
some people want. the whole matter will
be gone into and both sides will be heard
where exparte proceedings will be out of
order"
1t is expected by the postoffice depart
ment that the grand jury will report on
the cases of the Croft Brothers of this
city, the contractors of the letterbox
-T.w