The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-09-16
fight ON IN POSTAL SCANDALS
pravERS TRYING TO MAKE THE
GOVERNMENT SHOW ITSHAND.
Pos, msster.Gcneral Refuses 10 Obey
subpTnA 10 Produce Documents In
the Case Before Trisl-Indictment
A,tacked-If Quashed Beavers Escapes

Tbs examination Of George W. Beavers
an the Brooklyn warrant charging him
with conspiracy to defraud the Govern
ment in the purchase of supplies from the
J Brandt Dent company began before
United States Commissioner Hitchcock in
the Federal Building yesterday.
An important point in the fight OF Beavers
and others against removal to Brooklyn
WAS reached at once when 1t was announced
that Postmast err General Payne refused
on the advice OF the Attorney General to
obey a subpoena served upon him for
Beavers, calling upon him to produce the
contract with the fraudulent company
and the correspondence between the Gov
eminent and the company. The Govern
nent contends that a preliminary hearing
is not required upon certified copy Of the
ndctment being shown and the prisoner
beinp identified as the person indicted.
I, also takes the stand that Commissioner
Hitchcock, who issued the subpoena, had
no riRht in law to issue II for service out
side HE jurisdiction,
Morgan 4 Seabury, counsel for Beavers,
professed to be surprised that their sub
ppna had been ignored, but they still seemed
rohave hopes that Mr.. Payne would be COM
pelIed to come later District Attorney
Burnett said that it was not the intention OF
the Government to give up important
records until absolutely necessary.
commissioner Hitchcock's office was
crowded when the case was called. One OF
those present was ex-Congressman briggs.
who il is charged in the Beavers indictment
gave Beavers check for $50 as a COM
mission on the purchase OF cash registers.
Beavers was identified by a Post Office
inspector as the person wanted in Brooklyn.
Max Stauer, his counsel, then offered the
contention that the certified copy of the
indictment was not sufficient evidence:
commissioner Hitchcock decided 1t could
be received az evidence. A move OF far
greater importance was next disclosed ny
the defence when Mr.. Stauer declared that
the indictment was at fault because 1t cited
three crimes-duplicity, fraud and con
spiracy-instead OF one, as required py
law.
Gen Burnett replied that the indictment
asa whole alleged only one crime and that
the matters regarded as separate crimes by
Mr.. Stauer, were only the different steps in
the conception and execution of this crime
deirauding the Government. 1t was the
one offence. with several alternatives.
After much argument Commissioner
Hitchcock called for briefs and reserved
decision till Friday. However he, may
decide, an appeal will be taken by the losing
side, so that the disputed point can be
passed upon by Judge Lacombe in the
Circuit Court. Should the Commissioner
order Beavers's removal, MS counsel say
they will at once get awrit OF habeas COL us
and certiorari, which will act as stay
until Judge Lacombe passes on the point.
IL BY any means the indictment against
Beavers is quashed the entire case against
him collapses, hence the importance OF this
effort on the part Of the defence. Beavers s
was committed on July 70, 1900, and he was
days before the expiration OF the three
years limitation so he can not be re-
indicted The form Of the indictment, how
ever, WAS not decided upon until after
the most careful consideration by the Gov
eminent attorneys, it being realized that
much depended on 1t as precedent IN
Beavers case.
Mcclellan and Huntington, the president
and treasurer OF the Columbia Supply
Company. who are making the same fight
rs Beavers. had their formal pleading
adjourned yesterday to Sept. %, to enable
appearing in court Mr.. Mcclellan die
tated statement giving for the first
time his side Of the company's connection
with the Post Office Department, He
said that he company obtained the contract
for the package boxes by public bid dur
General. Three years later complaints
we're made by number Of postmasters
hat the legs of the boxes were TOO short.
George Lorenz Of Toledo submitted to
he company a design for box built upon
higher legs for fifty-cent royalty on every
box They offered the higher box to the
Government at an additional cost of 81 .25.
covering the increased expense OF manu-
facture and the royalty, and First Assistant
Postmaster Jones changed the contract
to cover the additional cost.
The royalty, Mr.. Mcclellan said, was
paid to Lorenz until a few years ago. when
he went to Europe. Then at Lorenz's re-
quest the checks we're forwarded to Machen.
to be turned over to Mrs, Lorenz, her hus-
band stating that he and Machen were
partners in outside matters. About two
years ago the contract expired, and the
boxes used have not since had the Lorenz
invention.
"Mr. Machen," said Mr.. Mcclellan, did
not receive 10 cents from us and had moth
H.. Al.