Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-12-02
SCORED BY ATTORNEY
Smith Cross : Examined in
Postal Frauds Trial.
ACRIMONY AND HUM0R
DOMINATING FEATURES OF TO-
DAYS PROCEEDINGS.
Witness Breaks Down and Weeps When
Forced to Admit That
He Lied. -
ACRIMONY AND HUM0R

mOny. humor and sensation were the uSiIi-
nant elements that marked the opening or
the seconds days proceedings in the pos
tai frauds trial before Judge Morris In the
United States district court.
Instead of Charles e. Smith resuming the
stand Miss Mary F. Moody, auditing clerk
Of the free delivery bureau of the Post Of
fee Department. was the first witness.
She is a PALE slender little woman with
a kindly face and hair just turning silver
gray. Her voice was SO low that 1t was
to move the witness chair closer
to the jury box.
custom Of sending checks to persons from
whom the government purchased supplies.
That Check to McGregor.
She referred to giving McGregor the check
with which he had paid Smith for the
pouches. and said the reason she gave 1t to
him was because he was the head OF the
bureau. and she did not give much thought
to 1t.
McGregor, who was present in court.
listened attentively to Miss Moody's testt-
mony, while Upton was deeply engrosse1
IT. reading the testimony. of the first day
trial.
All Of Miss Moody's testimony went in
subject to exception from Attorney Bryan
ferred to his objection. saying he only
wanted to keep the record straight. This
happened so often that finally Assistant
District Attorney Soper exclaimed, CURLY:
Lawyers Have Colloquy.
You don't need to explain it every time"
I'm not explaining to you, Mr.. Soper,"
cried Bryan. turning on his heel and jam
ming his hands deep in hts pockets I'm
explaining to the court"
On cross-examination Miss Moody said
she remembered Of several other instances
where checks were delivered to clerks in
stead. During cross-examination Mr.. Soper
interrupted several times, calling forth
from Mr.. Bryan sharp retOrts.
"You let the witness alone until 1 get
said Bryan. ''YOure-you're-"
Then Bryan stopped abruptly.
Spectators Amused.
These little pleasantries between counsel
greatly amused the spectators. while Judge
Morris himself could hardly repress smile
During all this time Mr.. Charles J. Bona
parte. who is assisting in the prosecution,
walked up and down the space behind the
witness chair. smiling and seeming to en-
joy the proceedings
When Miss Moody had concluded, Smith
the Baltimore contractor. who turned
states evidence, was placed on the stand
Smith testified that written agreement
had been drawn up between Upton and Nc
Greger and himself. This agreement was
that the witness was to pay the accused
officials 40 cents on each pouch furnished
the government.
Sought to Show Deception.
Mr.. Bryan then sought to bring out that
Smith had endeavored to deceive Upton and
McGregor as to the price paid for the
pouches which the witness admitted.
Did you not lie to Upton and McGregorf'
asked Mr.. Bryan.
Judge Morris here called Mr.. Bryan's at
tention to the fact that the question was
a little irregular.
II am trying to prove that the witness
is absolutely unreliable on OATH" explained
Mr.. Bryan.
The formers question was altered, and
Smiths reply startled the judge and law
lers and provoked laughter from the specta-
tors.
"a man can't help telling a lie when he
is In business" he said.
Admitted He Lied.
"Ah" said Mr.. Bryan. smilingiy. then
you admit that you told what was false
when you stated to the officials that you
paid 40 cents for each pouch, when the
figure was. in fact. 30 cents?'
II did" replied the witness
statement to Upton and McGregor for the
purpose of cheating"
''You have no right to say that" said
Judge Morris, sharply interrupting Mr..
Bryan.
DO you think that your conduct was
proper" Mr.. Bryan then asked. "to de-
ceive the officials. as to the price? You
must
No Right to Read a Lesson.
Judge Morris here interrupted Mr. Bryan
again and said sterniy:
You have no right to read the witness
a lesson every time you ask him a ques-
tion"
The question being changed, the witness
that his conduct had not been up
right.
81 did 1t to protect Upton and McGregor"
The witness then admitted again that he
had lied p Upton and also an inspector.
"Would sou lie to shield yourseiff'' asked
Mr.. Bryan.
IT would not; am telling the truth"
Smith replied.
Then" said Mr.. Bryan, you admit that
you would lie to shield stranger, but
would not lie to shield yourself"
Broke Down and Cried.
The witness here was overcome with emo
ton. Drying his eyes with a handkerchief,
he said:
Il 0i0 one tn1ng wrong.
"Oh. you did do one wrong thing" said
Mr.. Bryan in a sarcastic tone. what was
that: pray tell u.s.
II did one thing wrong" repeated Smith,
land that was to put In a bid for the
pouches"
''Then, you don't consider that it was
wrong to lie about the price Of the pouches
to Upton?' persisted Mr.. Bryan.
THAT was a business transaction" the
witness replied.
You don't tell your private business to
any one, and when 1 am asked question
that deem private. and am pushed for an
answer then 1 feel that 1t Is justifiabe not
to tell the truth.
so you thought that was all right" said
MIR. Bryan, shaking his head, and looking
straight at the witness.
Witness Became Excited.
Smith became somewhat excited and, look
ing first toward the jury and then toward
Mr.. Bryan. said:
Every man on the jury knows that q
n an can't help telling a lie In business"