The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-10-16
THE FIRST OF THE POSTAL FRAUD
TRIALS.

THE FIRST OF THE POSTAL fHAtD
TRIALS.
The trial OF Daniel VOORHEES, Miller, Of
Terre Haute. and Joseph NJ. Johns. Of
Rockville. Ind. now going on in the United
States Court at Cincinnati. is the first Of
the trials growing out of the recent investi-
cation OF the PostOfice Department and the
first Of the kim that has ever occurred.
There have been many cases of defalcations
and embezzlements Of public moneys and
defrauding the government in other ways.
but this case is not of that kind. The de-
PENDANTS are not charged with d~efrauding
the government. and, as a matter Of fact,
the government did not lose a cent by
them. They are charged with conspiracy
who was carrying on an adroit swindle,
by giving him the use OF the United States
mails to prosecute his business Of swind-
ling the public. One of the defendants, Mil
Ter, was formerly assistant attorney gen.
eral in the Postoffice Department and the
but not in the government service. The
law provides that no letter or circular con-
corning any scheme devised and intended
to deceive and defraud the public for the
purpose OF obtaining money under false
pretenses shall be carried in the mail. The
general government does not undertake to
prevent or punish such schemes except to
say they shall not be carried on through
the mails. Such schemes are numberless
and the postal authorities are kept busy
running them down and Furnishing their
promoters. One of the duties of the assist
partment is to decide whether a given
scheme is fraudulent Or not and whether
1t may use the mails or not. A fraudulent
scheme that can have the use of the mails
can make money very rapidly and, of
course, could afford to pay roundly for a
decision by the assistant attorney general
allowing 1t to use the mails. Years ago
when the Louisiana lottery was in exist
ence and when public opinion was demand
ing it's suppression it was said the COM
pany paid large fees for decisions allowing
it to use the mails and in fact it did use
them for many years. In the present case
it is charged that one Ryan, promoter and
manager Of a scheme to defraud the public.
employed Johns as an attorney to assist in
securing a favorable decision for his
scheme from the Postoffice Department,
paying him $500 for his services. and that
by previous understanding between Miller
and Johns the favorable decision was rem
dered and the fee divided between them
The crime against the government, If one
was committed, was not in the misappro-
priation or embezzlement of government
funds. but in a conspiracy to violate the
law prostituting the mails to the use of a
scheme to defraud the public. The gov
eminent charges a conspiracy between Mil
Ter. Johns and Ryan to bring about this
prostitution of the mails in the interest of
Of a conspiracy. 1t is said that Miller
claims absolute ignorance Of any agreement
or transaction that may have occurred be-
tween Ryan and Johns. while Johns claims
that he made an ordinary contract with
Ryan as attorney to assist in securing a
dbiC QCOioiOA LiOhi Zig OSlOIltG DC-
partment after presentation of the case.
Both Miller and Johns emphatically deny
any understanding between themselves
or with Ryan,. II there was a conspiracy
this would be the most natural and prob
ably the strongest line of defense, and the
government may find 1t difficult to estab-
lish the fact. The evidence thus far sub
mitted raises strong suspicious, but seems
to fall a little short OF proving a conspiracy
beyond a reasonable doubt. especially in
view of the previous good reputation OF
both of the defendants and the very bad
reputation of Ryan, the principal witness
for the prosecution. If the prosecution
should make out their case it would prob
ably be under the law which makes 1t a
| penal offense for any person to give to an
officer OF the United States or for any such
officer to receive any money to influence
his decision or action in any matter pend
ing before him cor with intent to influence
| him to commit or to aid in committing any
fraud, or make opportunity for the commits
sion of any fraud on the United States
The penalty is Imprisonment for not more
than three years. The prosecution has
made a pretty strong prima facie case, but
the evidence for the defense may put a diff
ferent face on 1t.