The San Francisco call., 1903-09-29
ERWIN AWAITING
HEACOCK'S WORD
Case Submitted After
More Testimony and
Argument.
Knight Attacks tne Validity
Of the Washington
Indictment.

WITHIN a day or two James w. Erwin
viii. know whether he viii be obliged to
go 70 washington. D. c.. 10 be tried for
alleged conspiracy with George W.
Beavers and August " .Machen to
defraud the Government by selling
10 the United States at alleged
exorbitant prices, without having
advertised for proposals TO supply the
same, the time indicator devices for street
letter boxes furnished by a company OF
which Daniel s. Richardson is president
and general manager. After the taking
Of certain evidence and the hearing OF
arguments by United States District At
torney Marshall p. Woodwork and Sam
uel knight yesterday, Emitted States Court
Commissioner HeacOck took the matter
under adVisement.
AIr Woodworth. by his questions,
seemed TO be aiming at an attack upon
the utility Of the time indicator. He in
sinuated that a device 10 accomplish the
same result could be made at a cost Of
not more than 50 cents. The witnesses
on this branch Of the case We're quietly
cuizzed by the United States Attorney
Thus. when Mail Collector Walter J. Pat
terson said that prior 10 the adoption OF
the new invention people used to ask
questions as TO the times of collection.
etc, and shat after its adoption we hold
our peace Mr.. Woodwork sarcastically
remarked that the machine was good for
one thing-that is TO keep the mail col
lectors from weaeying themselves. by con-
versing.
Nr. Pattefson explained t2at the device
prevented the collectors from opening the
boxes before the regular times and de
tected them whsh they omitted TO mace
q collection promptly. This testimony
T--t 1-.+ e
%athanson. another mail collector Of long
experience. he said that the patent had
proved 10 be a great convenience TO the
public as well.
UTILITY oF DEVICE.
To establish the uSlty Of the device
and thus Offset thc contention Of the
prosecution that tle Government was de-.
frauded when it paid Richardson arC3 his
associates for the use ofCit. Mr.. Knight
placed William H. Smythe on the stand
1ir. Smythe is a patent solicitor Of many
years stan6lng and he 0stifed that he
knew Of certain. patented articles WhiC-l
were manufactured at a cost OF IS that
were sold In the markeS at from $50 to S35.
Others at a cost Of sold foCas high as
500 and $50. an0 others costing $3.50 that
sold for s575. lie had been for twenty
years a reader Of the Patent Gazette,
magazine published by the Government,
lar invention. O
One Of the patent letter boxes was
placed on the judges table and Mr..
Woodwork showed that the time indi-
Gator did not. reveal any more Information
than was conveyed by the printed card
schedule Of collections fixed under glass
al the front Of the box, but this statement
was contested by Mr.. Knight, who con-
tended that IL also showed whenever a
m - 70 he ont of.
the box. Mr.. Woodwork then asked
Patent Expert Smythe whether he had
ever heard Of Johnson's tinlS indicator
and CoIburn's time card, and Mr.. Smythe
replied that he had not.
AS an index Of the popularity Of the
new invention among business men,
Henry Z. Poehlman, a real estate and in
surance broker, was called by 8Ir. knight
and said that the device was .of great
benefit TO the merchants and men in
other business by advising them whether
their letters If dropped into a certain
box at a certain time would reach a GER
tain outgoing train or steamer.
JUDGE FAvoRs MACHINE,
4 have no doubt. as 10 its utility" re-
marked Judge Heacock- 1T is a check
upon the collectors and obliges them TO DO
their duty. It is a very important check
indeed. beneficial alike TO the Govern
ment and the citizens
l2R. Erwin was recalled by Mr.. Knight
and stated that. there VSre 1900 letter
boxes altogether IN -useCin the. United
States He did not consider. the charge
for the device an unreasonable one. He
had learned within two or three days that
the New Zealand Government had sent a
letter 10 the Postal Device Company ask
ing for estimates on fU&dshing the de-
vices in lots Of 200 500 and 1000
In reply TO q q@estion by Mr.. Wood
worth. the witness said that he and
Beavers and Mschen understood in their
discussions of the device that IL was in
tended primarily TO act as a check on. the
mail collectors.
Dir. knight then made an elaborate
argument. in which he attacked the va
lidity Of the indictment. and contehded
that II failed 10 chaege any crime against
his client. Erwin. because it did not
charge that he. knew that the Govern
ment was about to = defrauded. Mr.
Woodwork in reply read from portions Of
the indictment wherein where set forth
the words knowingly, corruptly and
frsudulently."
Judge Heacock said that he would look
over the authorities in the morning and
would give his opinion in a day or two
Welcone5 Patron and Ma+ron