The Washington times., 1903-08-02
DENURRERS ARE FILED
BY NACHEN hND GROFFS
Charge Inaccuracy in Draw
ing the Indictments.
MANY COUNTS INSUFFICIENT
Allege That 1t Is Not Shown That
Machen Had Connection With
Government.

Counsel for August W. Machen, late
superintendent Of the rural free delivery
division OF the Postofice Department,
who is under indictment for receiving
a bride. and Diller B. Croft and Sam
uel a. Croft, who are jointly indicted
on charges Of offering brides, yesterday
filed demurrers to the indictments
against them. The accused were not
brought into court to withdraw their
pleas of not guilty before the demurrers
were placed on record.
The demurrer on behalf OF Machen was
filed by Douglass & Douglass and Con-
rad symme. and for the Groffs. by At
torney Samuel Maddox. The text of the
demurrer in the case of Machen is as
follows:
The defendant withdraws his plea OF
not guilty. by him heretofore entered
and says that the Indictment in this
case is bad in substance.
Among other matters of law to be
argued are the following:
81. That each and every one of the
twelve counts OF the said Indictment are
fatally defective, in that each of the said
counts fails to charge the defendant with
| the crime of bribery or any other crime
| against the laws of the United States.
"2. That the second, third, fourth
| fifth, sixth. seventh, eighth, ninth, tenth
eleventh and twelfth counts of the said
| Indictment are each fatally defective, in
that each of the said counts above
enumerated fails to allege that the de-
PENDANT was. at the time of the com
mission Of the alleged crime, an officer
OF the United States Government. OF
that Diller 3. Croft and Samuel A
Croft knew that the defendant was ar
officer OF the United States, and each OF
the said counts fails to allege, to suf-
hcient allegation, or by specific refer
ence to the allegations of the first count
in said Indictment. to set out the facts
necessary to constitute the crime of
bribery or any other crime against the
laws Of the United States
"3. That all of the said counts of
said indictment are collectively and
singly defective and insufficient in that
the alleged offenses are not set out with
sufficient certainty, completeness, pre-
cision and defniteness, and that the said
counts. all and singularly, are too vague,
indefinite. incomplete and uncertain to
charge. in law. crime.
"a. That the said indictment Is ia
tally defective in divers other particu-
lars"
In support OF the demurrer filed IN
behalf Of the Groffs, Mr. Maddox argues
that the indictment does not in legal
manner charge the defendants with the
commission OF any offense against the
United States. That the Indictment
charges no act done or promise made by
the defendants which is a crime or mis-
demeanOr under section 5451 of the Re
vised Statutes or any other law of the
United States.
That counts numbered from two to
twelve, inclusive, did not charge that
August W. Machen was an officer Of the
United States or was acting on behalf Of
the United States in any official function
under authority OF any department Of
the Government at the time of the al
legged offenses specified in the counts
mentioned. Nor do those counts charge
that the defendant knew that Mr.
Machen was at the time of the alleged
commission Of the offenses set forth. or
ever had been, an officer OF the United
States or a person acting on behalf OF
the Government in any official function
under authority of any department Of
the Government.