The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-06-09

lands Name AppiauUe0.
Washington. June 1.-The grand jury
today reported an Indictment against
August W. Machen. former superinten-
dent of the free delivery service of the
postoftice department. who was arrest
ed several days ago charged with shar-
ing profits on government contracts for
letter-boX fasteners.
The indictment was brought for vlo-
lation of Section 1901 Of the Revised
Statutes. the penalty for violation of
which IS a fine not more than three
times tho amount asked or accepted or
received. and by Imprisonment not
more than three years.
The amount which the Indictment
find he received illegally, is SIS, 9S7.7 70.
Mr.. Machen was in court with his at
torneys when the grand jury reported
and Immediately gave bond in the sum
OF , 0,000 for his appearance in court.
The trial will occur in October.
BY securing an indictment against
Machen before tomorrow. the day set
for his preliminary hearing before
COMMISSIONS Taylor. the government
has scored a victory. by thus avoiding
the necessity of showing its hand at a
preliminary hearIng The proceedings
before the commissioner will now be
abandoned. go
In discussing the case with his
friends, Mr.. Machen explains that GER
tain checks. which it is maintained
| We're sent to Machen in payment of his
profits in the Croft fastener. and which
have been secured by the pOstOffice in
| SpectOrS, We're sent him by his business
partner. George z. Lorenz, of Toledo,
O. Mr.. Lorenz was formerly postmas-
ter at Toledo.
Mr.. Machen claims that his partner
| ship with LOrenZ was a strictly legiti-
mate one, and that the checks trans
mitted to him by LorenZ, were in con-
nectlon with the mining business which
the firm conducted. Although the
| amount of these checks cannot be as
| ~certained, Mr.. Machen says that the
one for the largest amount, represents
q personal loan to himself from LorenZ.
Mr.. Machen further informs his
friends that he was not a partner of
the Croft Brothers concern. and that
he did not receive any of the profits
from the sale of the letter box fastener
to the government. He is optimistic
that no wrong DONG Will be proved
against him. and he adds that the only
possible cause there may be for critI-
ciSm Of his administration. so far "a
the Croft fastener is concerned, IS that
the price paid for the article may be
considered excessive. This was neces-
say, he maintains, because the article
was a patented affair. HIS counsel to-
night made a statement. saying:
Upon Mr.. Machen'S arrest we de-
manded an Immediate hearing, which
was OppOSel by the government and at
the request of the gOvernment a. con-
Ti0I11nra VA had until limo 9Th NJ
Machen and his counsel had every rea-
son to believe that III the interim no
steps would be taken TO deny him the
preliminary examination To which he
was entitled The authorities respon-
Sible for the issuance of this warrant
have seen proper to bring the same
charges now pending before Commits
siOner Taylor to the attention of the
grand jury. The grand Jury. in con-
sequence. indicted Mr.. Machen before
the date fixed for the full hearing be-
fore the United States commissioner
If you want the reasons for this pro-
Ceeding you Will have to seek it from
the prosecution. We do not know. We
can only urmise and that much the
public can rs well do as the counsel for
the defense. Suffice it 10 say. that the
legal effect Of this course of policy,
which is unusual ~ unfair if not I'M
precedented in this jurisdiction, is to
deprive the defendant Of an open public
{ investigator INTO the truth Of these
charges to which he is fairly entitled,
n which a sound public policy vouch-
} safes to him.
The course the defendants counsel
will pursue in the matter cannot now
be made public. but later. and il will
be sooner than some people want, the
whole matter Will be gone into and
both sides will be heard, whore ex
parte proceedings Will be out of order"
The indictment against Mr.. Machen
| embraces nine counts. and consists Of
twenty-five Typewriter pages. 1t fol-
lows closely the form of the warrant
upon which Mr.. Machen was originally
arrested. The grand jurors find that
on June Both. 1900. Mr.. Machen with
intent TO have his decision and action
as superintendent OF the free delivery.
in regard II a purchase of the Croft
fasteners. influenced thereby. did ask
Of the Croft brothers a promise hat
they would pay him forty per cent. of
any sum which might be received by
them thereafter from the United States
through the pOstoffice department in
YIN Of such fasteners. and did re-
ceiTe the promise of the Croft Brothers
in accordance herewith"
The Indictment then recites that in
Of this cOllusive understand
ing Mr.. Machen received upon various
dates sums aggregating IN all SIS
987.89.
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