Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-10-08
FIRST BEAVERS HEARING.
Counsel StrenuousIy Insist That Beav-
! ers should Be Discharged.

Ne" forK, Oct. THE examination
or George w. Beavers on the first.
Washington Indictment charging him
with completely in the alleged conspir-
acy with the Postal Device and In
provement Co. of California, was COM
iheiiceu' today. before United States
commissioner Hitchcock. the restrain
ing oroer signed, yesterday, by Judge
hot a1eetihs only the hearings on the
brooklyn Indictment and the second
ana thlrd indictments returned in
washington. Beavers was not present,
being represented by counsel
Inc certified copy of the Indictment
having already been offered in evil
deice Dy the prosecution and proof of
the identity of the defendant being
waived by his counsel. the prosecution
informed the defense that it considered
this under Commissioner Hitchcoks
ruling prima facie case and that it
expected to put in no further evidence
on the removal proceedings on this in
dictment.
The defense then called to the witness
stand Post Office Inspector Weyland.
who signed the complaint against
beavers. The witness was not allowed
TO say whether he knew of any con-
tract or agreement between George w.
Beavers, August w. Machen, James w.
Irving and the Postal Device Improve
ment Co., wherein the three men named
agreed 10 secure for the company the
exclusive right to furnish the devices
MADE by them to the postal department
ana at prices higher than those paid i'll
the regular market that being the basis
of the offence charged against the in
dicted postal officials. The witness said
he had never seen the contract between
the postal department and the Postal
Device improvement Co, but had seen
orders from the government to the COM
pany.
Beavers counsel then moved to dis
miss the removal charges against his
client on the ground that the certified
copy of the indictments did not state
facts sufficient to constitute crime:
that it was void because a previous ac-
ton of removal had been substituted in
this district; that the witnesses before
the federal grand jury in Washington
had not been called by the prosecution,
and for other reasons. The motion was
denied.
Post Office Inspector Brdseye testi-
fed i'll a similar fashion. Counsel for
Beavers said ne proposed to show that
neither this witness nor any of the
others so named could have given the
legal evidence before the federal grand
jury in Washington, upon which the
Indictment was found.
IF we can show that none of the
witnesses were compelled to swear to
these facts, Mr. Commissioner" said
Beavers counsel, II don't see how you
can hold this accused for removal"
Assistant District Attorney Baldwin
insisted that the commissioners court
vas no tribunal to attack the stiff
cheney of the indictments. ~ ~
The commissioner said he was not
prepared to rule upon that point and
an adjournment was taken until the
18th inst, leaving Inspector Birdseye
still on the stand, his testimony uncom-
pleted
MIR. Baldwin insisted that the defense
make some provision for the payment
of the post office inspectors it had I'M
der subpoena as he would instruct
them that they had no claim against
the government for their time while
here as witnesses fer the defense.
instruct the witnesses that they were
to return to the next hearing, which
was done.