The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1903-09-13


~ and at one time inspector Of the
rural free delivery system on the coast,
Is confident that he can clear himself of
the charge brough against him by the
Federal Grand Jury of the District of Col
umbia on Friday. He will make a fight
to have himself cleared by testimony CIV
en- before the United States Court Com
missioner of the Federal courts in San
Francisco and thus preclude the necessity
of a trial at Washington.
Attorney Samuel knight of the firm of
Page, McCutcheon, Harding Knight.
whom Erwin has retained to defend him,
declared yesterday that he will make a
vigorous EFFORT to have the committing
magistrate here refuse to grant an order
of removal after reviewing the evidence
brought before him.
According to legal procedure, the first
step taken after the arrival of a certified
copy of the indictment will be for United
States District Attorney Marshall B.
Wordsworth to file complaint before
United States Court Commissioner Hea-
cock. 1t will be Heacock's duty then to
review the allegations in the instrument,
calling witnesses both for the Govern
ment and for Erwin to testify upon the
facts Of the case. Erwin's attorney hopes
to bring such conclusive testimony before
missioner will see fit to recommend to the
committing magistrate that he withhold
an order of removal and thus. unless Err
win voluntarily went before the court at
Washington, he would be cleared of the
crime imputed against him.
KNIGHT OUTLINES DEFENSE
When seen yesterday, Attorney knight
outlined the legal policy which he will fol-
| low in the case and gave some strong
| opinions upon the injustice of the charge
/ as he considered it. He said:
1T is shocking-this filing of an indict-
ment against a man who is entirely inno-
cent. OF course, Mr.. Erwin can clear
! himself without a shadow of doubt, but
the very fact that he should have been
under suspicion works a hardship on a
man whose integrity and faithfulness to
! duty have been unimpeached heretofore.
"Ervin's only connection with the Pos
| tai Device and Improvement Company
upon which there be possibly based
a charge of fraud was the trip which he
| took to Washington with Daniel S. Rich
ardson, superintendent of the local post
office. At that time he had an interest
| in the postal box device as part inventor
of it and merely went to the capital to
! bring this contrivance before the eyes of
the department as a public benefit He
exhibited it and praised 1t with an en-
thusiasm born of his part in its invention
| but he had aDSOlutely no knowledge OF
| or connection with the arranging of con-
tracts with the Government there or the
distribution and disposal OF stocks here
1.-THE Government has tried to make this
postoffice investigation far reaching, but
that is no excuse for involving in 1T a
manifestly innocent man. George w.
Beavers and August w. Machen undoubt-
eddy are justly indicted; / believe that
| there is a guilty party IN the San Fran
cisco postoff1ce, but Erwin Is certainly not
the man and should not be made the
scapegoat.
WILL BE CLEARED HERE.
s'When the indictment arrives Erwin
will be heard before Commissioner Hea-
cock 1 will then bring all the evidence
we possess before the court. The Gov
eminent will naturally have to produce
its witnesses and 1 doubt not that
| Superintendent Richardson will be the
man upon whose evidence it's case will
rest, since he evidently testified against
Erwin before the Grand Jury at Wash
| ington.
my client is not afraid to face the
| court at Washington, but he feels that
his innocence can be so conclusively es-
tablished here that to go before the East
ern tribunal would be but superfuous.
If the charge against Erwin is made to
| stick then each and every one of the
| stockholders in the Postal Device and
Improvement Company is equally culp-
able with him. for he has had no more
completely in the alleged frauds than the
! others"
Thought the news comes from Wash
| ington to the effect that Erwin has been
dismissed from the position of assistant
superintendent of special delivery of San
Francisco, the formal announcement of
such action has not yet reached him and
/ yesterday he was-at his desk in the Ferry
building When interviewed concerning
the measures he has taken to acqult him
self of the charge brought against him,
| he said:
ITO Attorney Samuel Knight have
turned over the whole question of pro-
cedure in the accusation which is brought
against me- 1 have received gratifying
assurances from host of prominent peo-
pie in the city that they consider me in
nocent and 1 feel that can soon prove
that their confidence is not misplaced
I'm addition to the statement already
made by me will say that my only con-