Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-06
DEMURRERSOVERRULED
THOSE I'M CASES OF MACHEN AND
THE aoFF BROTHERS.
Arguments Of Counsel That the Counts
Were Fatally Defective Replied to
by the District Attorney.

Justice Pritchard in Criminal Court No.
1. after argument by counsel this afternoon.
overruled the demurrers to the indictments
against August w. Machen and against
Diller B. Croft and Samuel A. Gron, charg-
ing bribery. The court, in overruling the
demurrers. held that the allegations Of the
indictments are sufficiently explicit. Coun-
sci noted exceptions to the ruling
Machen's Attorneys Claim.
Attorney Charles A. Douglass argued that
each and every one of the twelve counts in
the indictment against Machen were fatal
ly defective in that each of the counts fail
ed to charge Machen with the crime OF
bribery, or any other crime against the
laws Of the United States. 1t was further
declared that each of the twelve counts, ex-
cept the first. was fatally defective in that
1t failed to allege that Machen was at the
time Of the commission of the alleged crime.
an officer of the United States. Further 1t
was cOntended that the counts in question
failed to allege that Diller B. Croft or Sam
uel A. Grof knew that Machen was an OFF,
Ger of the United States. In addition 1t was
maintained that the counts failed by suffi-
Gent allegation, or by specific reference to
the allegations Of the first count. to set out
the facts necessary to constitute the crime
of bribery or any other crime against the
laws of the United States.
Attorney Douglass. continuing. declared
that all of the counts referred to, coliec-
lively and singly defective and insufficient
in that the alleged offenses were not set
out with sufficient certainty, completeness.
precision and definiteness, and that the
counts. all and singular. were too vague
indefinite, incomplete and uncertain to
charge. in law. a crime In addition, it was
asserted that the indictment was fatally
defective In other particulars.
In Behalf Of Croft Brothers
In behalf Of the Croft Bros, Attorney
Samuel Maddox argued that the indictment
against them did not in a legal manner
charge the commission of any offense
against the United States. The Indictment
1t was added, charged no act done or
promise made by the Croft Bros. which
was crime or misdemeanor under section
5451. Revised Statutes Of the United States
or any other law of the United States.
According to Attorney Maddox counts num-
bered from two to twelve. inclusive did
not charge that Machen was an officer of
on behalf of the United States in any Of
fcial function under or by authority Of
any department or office of the govern
ment, at the time or times of the alleged
OnenSeS specified in the counts
In conclusion, 1t was argued that the
counts In question did not charge that the
Grofs knew that Machen was at the time
OF the alleged commission of the offenses
set forth. or ever had been officer of
the United States or a person acting for
or on behalf of the United States In any
official function, under or by authority Of
any department or Office Of the govern
ment.
Both United States Attorney Beach and
Assistant United States Attorney Taggart
argued briefly in support of the validity of
the Indictments
In view Of the fact that Machen and the
Gron brothers withdrew their pleas of not
guilty when the demurrers were filed. they
must again plead to the indictments now
that the demurrers have been overruled. It
has been arranged that these pleas shall be
taken tomorrow.