Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-12-04
LAWYERS LOCK HORNS
Over the Admission Of Certain
Testimony.
POSTAL FRAUDS TRIAL
NUMBER OF WASHINGTON WIT
NEssEs EXAMINED.
Most of Testimony as Dry as the Sands
of Sahara-Today's
Proceedings.
POSTAL FRAUDS TRIAL
s,se,,I r,,.ps,ch to The Evening Star.

Special Dispatch to The Evening Star.
BALTIMORE Md. December 4-Testi-
mony as dry as the sands of Sahara. gov
eminent witnesses testifying that the
characters OF Upton and McGregor were
above reproach, spectators with express
sions of ennui depicted on their faces and
the usual number of objections from At
torney Bryan for the defense marked to-
DAYS proceedings in the postal frauds
cases before Judge Morris in the united
States district court.
Attorney Bryan, for the defense, ana
Mr. Charles ]. Bonaparte. special counsel
for the prosecution, locked horns over
the admissibility of certain testimony
asked of Miss Corners, stenographer In
the supplies division of the free delivery
service.
Sustained Defense's Suggestion.
These legal giants of the local bar each
in turn launched forth in argument and
aroused great interest by the fine points
of law brought out.
Juaye Morris sustained the objection OF
the defense, and this was really the first
important objection on the part OF Mr.
Bryan which was sustained by the court
Miss Conner testified that the orders Tor
supplies for the rural free delivery service
ca me from the office of August W. Machen
ana tndl htITesoF Ildu io ootaOAAS -
issue an order for supplies.
Robert X. Pendleton, James A. D1ckey
and w. w. Anderson, clerks in the free de-
livery bureau, took the stand In the order
named and identified letters containing the
original proposition to Contractor Smith,
the letter from Representative Wachter
and Blakeney's order for pouches, and
letter urging Smith to hurry the delivery.
Regarded as Honest in Dealings.
These witnesses, in reply to questions
from attorneys for the defense, stated that
McGregor and Upton had always been held
in the highest esteem and were regarded as
honest in all their dealings.
John J. Howley chief clerk of the office
of the first assistant postmaster general
then went on the stand and stated that he
did not know anything about the price paid
for pouches, and that he had signed vouch-
ers for payment In the regular order or
business.
The order for the pouches was issued by
August W. Machen, and the witness had no
reason to make personal investigation as to
prices.
Attorney Bryan. for the defense. objected
to this evidence, but was overruled, and he
noted no exception
w. ]. Lomis, clerk in the free delivery
service identified letters written to Smith.
Said the characters of Upton and McGregor
were good.
Got Warrants for Money.
Augustus P. Prospect messenger for Nc
Gregor testified that he had got warrants
for money from the auditing clerk of the
free delivery service, and that he had given
the warrants to McGregor.
H. G. Burweli, colored messenger cor
roborated the testimony of the previous
witness.
VIM. R P Maloney, a clerk In McGreg-
ors office, next went on the stand. He
said that Upton had blank orders for sup
plies. which he (Upton) would from time to
time fill out and send to contractors to fur
nish supplies TO rural postmasters.
The witness said that McGregor's and
Upton's regulations were never questioned.
You succeeded Mr.. McGregor?' asked
Attorney Leckie, for the defense.
No"
Caused Some Laughter.
But you hope toy said Mr. Leckie
This sally caused the arst last and only
laugh in court until recess.
John J. Torbert, clerk in McGresor's Of
flee. took the stand next and testified that
he had no personal knowledge Of pouches
received. and that he kept accounts from
cards sent to him by the head of the bu-
reau- He also said that McGregor and Up
ton enjoyed the respect of their subordi-
mates, and were generally regarded as
honest. upright men
Charles E. Crowen. who succeeded to the
position when McGregor was removed next
took the stand.
Brought Bryan to His Feet
The first question asked the witness by
Assistant District Attorney Soper brought
Attorney Bryan to his feet with an objec-
ton. The question asked was:
What are your duties?"
81 object" said Mr.. Bryan.
What is the purpose of your question %
asked Judge Morris of Mr. Soper.
81 want show W ba dntiec 0f
McGregor were"
Attorney Bryan then argued that such
evidence was inadmissible and again he
scored on the prosecution. Judge Morris sus-
tanning the objection. At this point a
recess was taken.
Question Of Admissibility.
When the court convened after recess
John r. Tullis, a stenographer In the en-
ploy of the Post Office Department was
placed on the stand.
1t was the purpose of the government to
use the witness to verify his testimony
given before Commissioner Rogers last
June. when Upton and McGregor were given
a preliminary hearing
Tullis made stenographic report of the
examination of the accused officials in the
Office OF Fourth Assistant Postmaster Gen
eral Bri5tow.
On the question of the admissibility @,
this report there ensued hot argument In
which Attorneys Leckie and Bryan for the
defense. contended that 1t was not admissi-
Bile. inasmuch as it had been obtained from
Upton and MeGregor in an irregular man.
ner
Bonaparte Will Make Argument.
The counsel contended that their clients
should have been Informed that they were
under suspicion before they We're asked tc
give any statement as to their connection
with the purchase of pouches from Smith
MIR. Bonaparte will make the principal ar
gument in support of the contention thai
the report should be admitted into the eyi
dence 1t Is likely that the argument will
consume the entire afternoon.
Word having passed around that a great
legal battle between Bonaparte and Bryan
vital point in the case was about L
begin, the court room filed rapidly will
Spectators, and standing room is at g
premium.