Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-02-10

ACHEN.
| According to the witness his relations with
Mr.. Wynne continued friendly until 1902.
when Wynne was anxious to have his an
nual salary increased from $4,000 to $4,000,
and he asked the witness to use his inf1u-
ence with members of Congress in the di-
| rection indicated The witness said he de-
| clined to do requested, and after that
| the relations between the two men were
strained.
| Final Statement.
| Els there anything else you desire to
| say?" Attorney Douglass finally asked.
II want to state to the jury replied Ma
chen. that 1 did recommend the introduce
| ton Of the Croft fastener; that hold my
| self responsible for the Introduction of the
| device; that the original orders for the
: fasteners. prior to 1899. were given by me,
/ and that selected the cities wherein the
| fasteners should be installed.
| Machen paid tribute to the efficiency
Of his chief clerk, Miss Liebhardt, and de-
clared. with emphasis, that he never re-
ceived cent from Lorenz, the Groffs or
anybody else on account OF the sale of
Croft fasteners; that he never made any
arrangement with them to further the sale
Of the device, nor did he ever meet them
| for the purpose of discussing any such
scheme.
Characterization Opens.
The crcss-examnation of Machen was
conducted by Attorney Holmes Conrad. spe-
cial counsel for the government. Attorney
Kumler had been occupying the chair near
est the witness stand. When the cross-ex-
| animation was about to be started Attor
ney kumler, in lamb-like manner and gra-
| ciously. surrendered his chair to Attorney
Conrad. Other counsel for the defense
likewise gave way to the remaining attor-
neys for the government. The situation
resembled veritable love feast. But, of
sudden, the lamb became a lion. Attor-
Bey Conrad remarked to the witness that
IL any record of the transactions of his Oil
| companies were available it would not he
necessary 10 ask him GusSt!ons on that SUD-
| ject. Attorney Kumler sprang from his
chair and fercely assailed Attorney Con-.
rad, objecting to the remark, and asserting
that counsel had no right to argue the case
A moment later Attorney Kumler was
again his feet. He objected to Attor-
ney Conrad going over a lot of figures.
Were wasting time he declared
Lots of it," rejoined Attorney Conrad,
aggravatingly That's what were paid
for"
Amid the general laughter that followed
Attorney Kumler resumed his chair.
Transactions in Oil.
Attorney Conrad devoted the first portion
of the cross examination to inquiries re-
garding the details of the oil transactions,
the prices paid by the companies in which
Machen was interested, for oil lands, for
tanks and cars, for the refinery, and to
the yield from the Oil wells they operated;
and how the money was raised to pay for
the several farms that were purchased. 1t
was again made plain that Machen was an
officer of both the Pluto Oil Company and
the Crystal Refining Company
Attorney Conrad and Machen engaged in
controversy over the correctness OF the
figures bearing on the oil transactions that
had been given by Machen.
This may seem dull remarked Attorney
Conrad. significantly, but you will find
that it is the point on which the case
turns
Machen stated that the entire product
of the oil properties, from the beginning OF
the Machen-LorenZ partnership until the
spring OF 1898, amounted to s11SO00 and
that up to November. 1891. the eXpendi-
lures footed up to S2i2S34.3S.
Tiffs Between Counsel.
Attorney Conrad inquired regarding the
stockholders double liability law, in
force In Ohio. After stating that such
law had been in force. Machen explained:
I'm not a lawyer"
But you have sense enough to supply
whole bar" commented Attorney Conrad.
Attorney Douglass objected. and Attor-
ney Conrad insisted that he meant just
what he had said. During the confusion
with your permission, / would like to
be heard long enough to announce that the
objection Is sustained"
Machen was required to tell in detail how,
he relieved his uncle Ferdinand w.
Machen of the latter's one-fifth interest in
the oil companies F.. w. Machen was
afraid of the double liability" law. and
wanted TO get out. He owned a little prop
erty. and didn't want to lose it,
Didn't you assume his liability?" asked
Attorney Conrad.
Yes, sir. took chances that he
wouldn't" replied the witness.
did you have any other interests. coun-
sci wanted to know.
Yes. SIR
THAT butcher shop?;
Yes; lost $4,000 on that"
| What did you put in it?'
IT put in $4,500
Attorney Douglass objected to the line
continued Attorney Conrad would not get
through this week.
IF. 1t takes a week or "A month";" re-
| piled Attorney Conrad, that has nothing
to do with the right of the government to
proceed with this cross-examination, if it
is relevant, and"
ct withdraw the objection in order to
save time" Attorney Douglass interrupted.
well. don't object again." directed At
torney Conrad, you exhaust my breath in
making me reply to you."
II don't know anybody who ever sue
ceeded in exhausting your BREATH" retorted
Attorney Douglass.
you come very near doing it," Attorney
Conrad fired back.
The government wanted to show that
Machen owned no property, real per-
sonal against which it would have been
possible to levy execution In this con-
nection Machen said:
IF we hadn't sweated blood for months
our creditors wouldn't have gotten any
thing. AS it was, we succeeded in paying
dollar for dollar-at least did
Attorney Conrad wanted to know what
Machen Invested himself of in return for the
note for $2a coo given him by Lorenz. The
witness replied that he transferred to
Lorenz his own one-fifth interest, and the
one-fifth interest he had acquired from his
uncle In the oil companies.
You paid your uncle 81 200 for his one
fifth interest. and sold Ii to Lorenz for $12,-
50O, commented Attorney Conrad.
Attorney Douglass again entered objec-
| ton. saying that the government had con-
stunned one hour inquiring about one point.