Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-10-30
Date of the First Trial Will
Be Set Monday.
HEARING DEFERRED
DEFENDANTS WANTED TO IN
sPEcT CERTAIN PAPERS.
Louis Kempner's Dismissal Given
Reconsideration by Direction OF
the President.

Mr. Morgan II. Beach, United states 1t
tornev for the District of Columbia was IN
disposed today and remained at nome anu
therefore the hearing set for today OF the
motion of August w. Machen and that oi
Samuel A. Croft and Diler l.. Croft for an
order of the court directing that they ne
allowed TO inspect certain papers and rec
ords now IN possession of the government
was postponed until next Friday.
At the instance of the defense 1t was &C.
cided today that counsel shall appear be-
fore Justice Pritchard in Criminal Court
No | next Monday. and then FIX upon Il
date for beginning the trial of the charge
of conspiracy to defraud the United states
against Machen, the GrofS ana beoiSt H.
and Martina LorenZ
Hearing Given Kempner.
Louis Kempner's protest against the act
of the Postmaster General in summary
removing him from the office OF supcrih-
tendent Of the registry system of the Post
Office Department upon charges brought
about by the investigation that has been
going on under the direction of Fourth AS
sistant Postmaster General Bristow was
heard by the latter-named Official IN ms
office yesterday afternoon. Ihe nearing
was given on the order OF president fIoose
Welt who in response to kempnef appeal
to him for justice and an opportunity 10
reply to the charges of incompetency anu
INSTRUMENTATION oi tHt piiNc " MN
filled instructed the Postmaster Genera! 10
reopen the case and have it again decided
Kempner employed A. r. Server. former
ly chief examiner of the civil service com
mission and now a practicing attorney, 10
ass st him Mr.. Server called upon the
Postmaster General yesterday afternoon
and was told that the case had been gwen
to Mr.. Br;stow. and That Mr.; fayhe coulu
not see him. Mr. BriStow told Mr.. Server
that he ready to hear Mr. hempner'
but that Mr. Server would be permitted IN
the room only by courtesy. ana that MS
presence there would have no official recos
milton. Mr.. Server entered protest WIN
Mr. Brstow against the hear ng taking
place before an official who had acted IN the
preliminary case. and said that he and Mr..
Kempner preferred that it should be heard
nv other officials of the Post Office Depart
ment or before the members of the civil
service commiss on. To this protest Mr..
Brstow paid no heed but said that he was
ready to begin the hearing.
Two Hours Conference.
At the hearing there were present besides
Mr.. Bristow. Chief Inspector Cochran OF
the Post Office Department. Mr.. kempner
and Mr.. Server. They were in conference
from 2 until 4 o'clock, and. according 10
Kempner and his attorney. the case was
practically a repetition of the questions
that had been asked kempner by the IN
spectors prior to his discharge from the
service No record of the questions was
kept although kempner requested that one
no made and at .the close MIR. BrlStOw Is
said to have told kempner that he was
of the same opinion that had actuated him
in the first instance and that was tha'
Temuner should have been discharged.
Kempner says that he was refused
cony az the original questions and his an
swers thereto, stenograp,nic report OK
which was made at the time. and that ne
was also refused access to the niles OF ms
former Office for reference. in making his
renlIes to the charges of waStefulneSS, put
was told that If he wanted any fiie he coulu
look at it only on condition that ne named
ii and told exactly what ne proposed 10
prove from il. He was denied, he says. any
privilege of inspecting the files of his form
er office and that he is therefore unable
to defend himself as he could II he hau
access to the records.
AS to Smuggling Charge.
Regarding the charge of smuggling that
was brought against Kempner. his counsel
has included in his reply to the Post Office
Department an excerpt from the case of
Keck against the United States. that was
decided in the Supreme Court of the United
States January o. 1892 divided bench
agreeing that in that case, which was SINH
lar to Kempner's. cigars were not SNUG
gled. because they were not brought secret
ly into the country with the purpose OF
evading duty. but were sent openly through
the mails. at all times liable to inspection
by the post office officials.
No action was decided upon by Mr.. Bris-
tow yesterday, as he is now waiting for
Kempners statement before reporting the
rehearing of the case back to the President:
Couldn't Obtain Copy of Charges.
When Kempner asked Mr.. Bristow for a
copy of the charges that had been the
cause of his dismissal he AYERS that Mr.
Bristow told him that the charges were en-
bodied In the questions asked him by the
inspectors and his answers thereto, and
that he could not have copy of those
questions.
Attorney Server said to a reporter for
The Evening Star today that if the hearing
of the questions and the signing of the
record of them by Kempner constituted
service with q copy of the charges in ac-
cordanCe with the civil service rules then
the rules had for years been miSnterpreted
by the civil service commission.
Abstract of the Bristow Report.
Fourth Assistant Postmaster General
Brstpw has practically completed the abb
stract of his report on the postal investi-
cation. The abstract now drafted makes
between 2OtSo and 25.NiO words. The re-
port itself 1t Is row stated. comprises
2JD.tsn words OF exhibits and 10000 OF
the report proper. The report is being
cor sidered by the Attorney General.
MISS WREN TESTIFIES