Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-12-08
ARGU NJ EAfS BEGUN
-tsse:{. v
McGregor and Upton on Trial
at Baltimore.
. y -taN-S--~e;-> -
CENTER OFtAfTRACTI0N
SMITHS TESTIMONY IMPEAcHED
AND STAMPED A LIE.
Attorney for Defense Charges Pouch
Profit Division Scheme Of -
p. o. Inspectors.

Special Disp,tch to The Evening Star
BALTIMORE, Nd, December S.-TwO
figures were the cynosure of all eyes in the
United States district court today when
argument was begun In the postal frauds
case. The figures were those Of McGregor
and Upton. the accused officials The for
mer sat upright In his chair. with head we'll
poised and listened attentatively, never be-
traying the slightest emotion. The latter
with MS elbow resting on the counsel table
and his hand extended across the forehead
of his bowed head. Strengthened to catch
every word as 1t fell from the lips of his
counsel.
District Attorney Rose opened the argu-
ment for the government and asked for a
verdict of guilty. He said that Contractor
Smith was a weakling, very pliable in the
hands CT such adroit conspirators as the
accused officials had demonstrated them
selves to be; that the worst that might be
said or Smith was that he lacked stamina
and proper conception Of morality and
Righteousness. He claimed that the case
against Upton and Upton and McGregor
had been made fully. and said that the jury
could not do otherwise than bring in a YER
dict for the government.
Defense Claims Smith Unworthy Of
Belief.
Attorney Leckie Of Washington opened
the argument for the defense. He asserted
that the evidence given by Smith was I'M
worthy Of belief by any man. and that
Smiths evidence should be eliminated from
the case.
This man Smith," said Mr.. Leckie.
vehemently, lis perjurer by his own
words. Take his testimony before the
United States commissioner last June and
his evidence here In this court. and COM
pare the two. You will find" he said,
shaking his finger slowly at the jury, that
Smith has lied knowingly, has lied ma
Hciously has lied through desire to save
himself from threatened term of impris-
onment.
Il charge" said Mr.. Leckie. his voice
rising high in emphasis. that no agree
ment to divide profits on the pouches WAS
signed by Smith and McGregor. q This
scheme was trumped up by the post Office
inspectors. They saw by a perusal of the
evidence at the bearing before Commission
er Rogers that no case had been made out.
Therefore they went to Smith and told him
that he must swear to such an agreement
having been made. ~
Trumpet Up by P. o. Inspectors.
Smith never mentioned a written agree
ment when on the stand at the preliminary
hearing Why not? Because no such
agreement ever existed. In explanation of
this Smith said on the stand that he forgot
about the agreement. Now, gentlemen of
the jury. appeal to you-do you think that
mad you been In Smiths place you could
have forgotten that such an important doc
ument existed? The post office inspectors
trumped it up.
Mr.. Bonaparte5 OF the. prosecution here
interrupted Mr.. Lecleie, and the latter then
explained that t.fwas a hypothetical case
and Mr.. Bonaparte resumed his seat with
satisfied smile playing over his counte-
nance. l. =
Mr.. Leckie then went on to show that no
proof had been submitted that the accused
men mad been in Baltimore on the da ties
specified. why did you. the prosecution,
offer McGregor's time card In ev dencey
Because they knew that 1t would show be-
yond doubt that McGresor was not in Bal
timore at the times specified when the
money was paid him."
District Attorney Rose here started to
interrupt Mr.. Leckie. who waived him aside
and sad: You closed the case. Mr. Rose;
Mr.. Rose. but am reading facts and you
know that am honest with the jury. !.
Mcdregor Had No, Power to Order
Pouches.
I contend" resumed Mr.. Leckie, that
McGregor had no power to order pouches:
did not order pouches; but the prosecution
would have the Jury believe that McGregor
ran the whole Post Office Department.
ANoWs III ASSiSldHt postmaster General
Bristow's report, It js7 specifically charged
that August w. Maehen received 500 from
this contract Why then. ask, was not
Machen Indicted and tried here along with
Upton and McGregor? Why, l ask? Be
cause he was not wanted here because he
would, II put ION the stand testify that Nc
Gregor had no power to order pouches for
the Post Office Department That the order
would have to come from the office of the
first assistant postmaster general and then
through Machen's office.
Every day. continued Mr. Leckie
gross irregularities are committed in the
Post Office Department. The whole de-
partment is full of Irregularities" AT this
point in Mr.. Leckie's argument a recess was
taken.
Calls Smith Monster.
In concluding, Mr.. Leckie characterized
Smith monster. Smith was spending his
time in a theater in Washington enjoy
ing himself while his wife was suffering the
most crucial pains that come into a wo-
mans life. Smith did what the most de-
graded beast would not do On the testi-
mony of such man Smith could not, as a
5uryman. honestly vote to convict dog
Mr.. Leckie finished speaking at 10 nm
when Mr.. Bryan began the closing are,,-
ment for the defense He started out by
the emphatic statement that the govern
ment. with all the powerful machinery at
It's disposal, had not produced one iota OF
corrobOrative evidence to bear out the eyf-
dence of Smith, "A cself-confessed liar and
perjurer." Mr.. Bryan then launched in
with scathing denunciation Of Smith, and
held the jury and spectators alike spell
bound by his impassioned oratory and elo-
Quence fsssts
Bonaparte wilt Goose Argument.
Mr. Bonaparte @4af efbse the argument for
the government. beginting his address to,
the jury at the eopclHsion of Mr.: Bryans
remarks. 1t is now certain that the case
Will go to the jury ABOUT 4:3O this after
sealed verdict. Which. will not be known
ing. ~ 80 - - -
Strike OF IRON Workers. -