The San Francisco call., 1904-02-16
COURT ORDERS
FAVOR MACHEN
Justice Pritchard Disposes of
Prayers of Prosecution in
the Postal Frauds Cases
DEFENDANTS ARE FAVORED
mot Guilty" to Be Verdict if
Facts Can Be Accounted For
on Fair Theory of Innocence

WASHINGTON, Feb. 17.-When the
postoff1ce conspiracy trial was re-
sumed to-day the prosecution offered
two additional prayers, one referring
to the statements made by some of the
defendants to postoffice inspectors and
the other defining a reasonable doubt
Justice Pritchard disposed of them
by announcing that he would charge
the jury that these statements should
not have any effect on the defendants,
except on the one making them, and
the jury should not conjure ina ginary
doubts to avoid performance of a dis
agreeable duty. The verdict must be
mot guilty" for all of the defendants,
if the facts and circumstances and
their acts can be accounted for on any
reasonable theory consistent with the
presumption of innocence, or If the al
legged conspiracy is not established as
having been entered into with intent to
defraud the United States Most of the
prayers of the defense were granted by
the court.
What is deemed by them an impor-
tant one instructs the Jury that if they
believe from the evidence that Lorenz
owed Machen S25, 600 or any other sum-
Lorenz had a perfect right to pay
Machen that sum wholly or partly in
such manner and methods as he chose.
He had the right to pay it partly by
checks and partly by drafts at his own
convenience or to equalize the balances
in the banks with which he had ac-
counts TO make payments in such pro-
portionate parts as he chose of the
amounts received from the Groffs from
time to time Machen, the court will
add had the right to receive and accept
payments on account of the indebted
ness, even though he knew they were
derived wholly or partly from Lorenzs s
interest in the profits of the Croft fas-
tener sales; provided that Machen's
official action as to the fasteners was
not thereby affected; also provided
that the Jury finds the transaction be-
tween the Groffs and LorenZ was bona
fide, contemplating in this connection
the manner of the payments.
The instructions granted direct that
no act or statement of the defendants
after the alleged conspiracy was con-
summated can be considered as evi-
dence tending to show the existence OF
the alleged conspiracy. The statements
of certain of the defendants on May q
last are not to be considered as evil
dence of the existence of the alleged
conspiracy but merely as tending 10
show that any one making such state
ment was a party to conspiracy which
may have been established already TO
the satisfaction of the jury beyond
reasonable doubt In determining tne
question whether the $4,000 note al
legged to have been given by Lorenz to
Machen was in fact executed at the
time stated and as to the good faith
the Jury may consider the extent and
value of the oil lands acquired by the
Pluto Oil Company subsequently
turned over to the Crystal Refining
Company, the cost of refining, etc, and
other circumstances showing value of
the property.
The submission of prayers was con-
cIuded at the afternoon session. The
arguments Will begin tomorrow and
the case probably will go TO the jury
Friday.