Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-11-09
POST OFFICE RECORDS
HEARING OF APPLICATION OF
MAcHEN AND OTHERS.
Contention of Their Counsel - Argu-
ment of District Attorney-Judge
Takes Case Under Amusement.

Justice Pritchard in Criminal Court No.
l. today heard arguments in connection
with the petitions of August W. Machen
and of George E. Lorenz and Martha j.
Lorenz. and the motion of Samuel A. Croft
and Diller b. Croft, for an order directing
that they be allowed to inspect the records,
documents and papers in the possession of
the government that relate to a criminal
charge against them. The case in which
the issue has been made is that against
Mr.. Machen, the MeSSrs. Croft and Mr.. and
Mrs. Lorenz, Jointly indicted for conspiracy
to defraud the United States in the matter
of the Croft patented letter-box fastener.
OF the five defendants Mr. Mac1ea Mr..
Diller B. Croft and Mr.. Samuel A. Croft
were present in court today. Attorneys
Charles A. Douglass and Samuel Maddox
presented the contentious of the petition
ers, while, in the absence of United States
Attorney Beach. due to illness. Assistant
United States Attorneys Taggart and Ad-
kins appeared for the government At
torneys Scott Douglass and G. H. Syme of
counsel for the defense assisted their col
|. leagues.
United States Attorneys Argument.
The United States attorney asked that
the rule to show cause, based on the mo-
tons. as well as the motions, be dismissed
for the following reasons:
There is no authority of law for either
proceeding.
THE application is. in effect, to disclose
the case of the government before trial.
1T in wise appears how the documents
desired are material.
"Of the documents asked of the United
States attorney those In his custody are a
part Of the proceedings before the grand
jury and a part of his case on trial, dis
closure of which, in his judgment. should
not be made in the interest of public prose-
cution at this time.
"Of other documents sought he has
neither the custody nor has he knowledge
of their existence"
Mr.. Douglass Contentious.
Attorney c. A. Douglass, addressing the
court. said there are in the possession of
the United States attorney certain papers
and documents intended to be used at the
trial of the defendants; that 1t would not be
in violation of the practice of the United
States attorneys Office to permit the de-
PENDANTS to inspect the same, and that
under ordinary criminal procedure rules a
defendant Is entitled to make such tnspec-
ton. Not only Is such a course right, fair
and just to a defendant, it was added, but
1t is an established principle laid down in
legal text books.
Attorney Douglass admitted that the re-
quest to inspect documents and records in
possession of the United States that bear
upon the guilt or innocence of the accused
might be considered a novel one
1T cannot be disputed that such a right
exists i'm civil causes he went on to saw
and there is mora reason why 1t should
prevail In criminal cases"
A Great Saving of Time.
Counsel pointed out that an inspection Of
the records by them before trial would re-
suit in a great and desirable saving of time
during the progress of the trial. "To expect
MI Machen to prepare a defense to the
fourteen indictments against him without
inspection of the records he himself helped
to make. is to expect the impossible" de-
clared Attorney Douglass. IF there is any
evidence of guilt to be found among those
records 1t will certainly be brought forth
by the prosecuting attorney. We should
be given the opportunity of presenting
whatever is to be found among those same
records that tends to prove innocence"
Counsel further asserted that the records
of government department are auasi-pub-
lie. and should always be open to a party
interested.
Attorney Maddox described the construc
ton of the Croft fastener, explained that
the Croft Brothers have always been highly
respected citizens of the community and
seconded, at length, the plea Of Attorney
Douglass that the motion be granted.
Arguments Of Counsel.
Assistant Iynite6 atatou Attorray. 10