Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-12-09
JURY SAYS 'GU|LTY"
First Convictions in Postal
Frauds Cases.
McGREGOR AND UPTON
MOTION FOR NEW TRIAL TO BE
ARGUED SATURDAY.
Jurors Were Out Little More Than Half
an Hour-Mr Bonaparte's
Argument.

The Baltimore American today gives the
following account of the ending of the pos
tai frauds cases there late yesterday:
c. Ellsworth Upton and Thomas W. Nc
Gregor were found guilty by jury in the
United States district court yesterday on
the charge of conspiring with Charles E.
Smith of Baltimore to defraud the govern
ment. in connection with the purchase of
leather pouches to be used in the free de-
livery division of the Post Office Depart
ment, at Washington
The jury retired to it's room at o'clock.
and at 1870 o'clock the verdict was rendered
to the court.
The attorneys for the defense-Messrs.
William s. Bryan and A. E. L. Lecke-im-
mediately asked that sentence be suspended
and made a motion for a new trial, the lat
ter Of which will be heard by Judge Morris
on Saturday.
Judge Morris granted the renewal of the
bonds of the accused, which were $1,000
each. Benjamin f. Upton. brother of the
prisoner Upton, and Montgomery f. w.
Weidemeyer went bail for c. Ellsworth
Upton.
Bonding Company Wouldn't Renew.
For some reason the American Bonding
Company, which had been on McGregor's
bond, would not renew and the convicted
official was in the custody of Marshal Lang
hammer until late hour last night, when
bail was finally secured from Washington
company.
Charles f. Smith, the third party in the
case. who turned states evidence and testl-
fed against the accused officials, Is by law
immune from punishment on the particular
charge and will, therefore, retain his free
dom.
The attorneys for the government
Messrs. Bonaparte, Rose and Soper-were
very much elated over the result of the
case, and the Post Office Department in
Washington was notified over the telephone
of the result of the trial soon as possible
after the verdict had been rendered.
The attorneys for the defense took the
result very philosophically. and are hoping
for turn in the further proceedings Of the
use to the benefit of the accused.
After the motion for new trial has been
heard there is still another step which can
be taken by the defense, and that is the
carrying of the case to the Unlted states
circuit court of appeals at Richmond
AS the case in question does not involve a
constitutional question, nor one or lie or
death, the case cannot be taken TO the
United States Supreme Court, so the circuit
court of appeals will be the court of last
resort to which the case can be sent and de-
termined
Mr.. Bonaparte's Argument.
The Sun, telling Of the argument of Mr..
Charles ]. Bonaparte, says:
.Mr Bonaparte began by thanking the
counsel on the other side for the compi-
mentary things said about him, but ex-
pressed regret that they had been coupled
with a severe attack upon the post ofhce
inspectors who, Mr.. Bonaparte declared,
had duties of great delicacy and RESPONSE
bility, which they performed faithfully ana
we'll
Mr. Bonaparte said that counsel for the
defense had exhausted their invective APP
parently against Smith, but they had for
gotten that this degraded beast and
damnable thing was confessedly the
chosen companion and friend of the two
defendants, and that they had accompanied
him to the 'disreputable theater on the oc-
casion which was severely criticised.
"A man is known by the company he
keeps quoted Mr. Bonaparte.
1T was not denied, Mr.. Bonaparte said,
that Upton aided Smith in procuring the
contract, and the only question Was why
he did it.
Ibid he do it out of pure friendship for
this degraded beast and damnable thing?'
asked Mr. Bonaparte, or did he do it out of
pure philanthropy and was he going around
seeking people to take money from the
government whose interests he had sworn
Judas as a CRATER
"The question of character, Mr.. Bona
parte said. was of little Importance, as
Judas could undoubtedly have proved a
good character at one time and undoubted-
~ kept good company.
"It may be remarked in passing said
Mr.. Bonaparte, that Judas was the first
known Christian CRATER
I'm closing Mr.. Bonaparte alluded to the
great number of irregularities, which he
said should be characterized stealings,
that had been discovered in the department
since this investigation had been started
and he called upon the jury to show by its
verdict to the world that the citizens of
Maryland refused to place the stamp of
their approval upon grafters and boodlers.
"One of the interested spectators at the
trial was Mr.. Holmes Conrad of Washing
ton, who, with Mr.. Bonaparte, has been Sc
lected by President Roosevelt to assist in
the prosecution of all of the postal fraud
cases. A number of ladies were in attend