The Indianapolis journal., 1904-02-16

PRAYERS of the Defense Granted by
Judge Pritcl1ard in Several I'm
portant Particulars.
FAVORABLE TO ACCUSED

WASHINGTON, Feb. 15.-When the post
Office conspiracy trial was resumed to-day
the prosecution offered two additional pray
ers, one referring to the statements made
by some of the defendants to postoffice
inspectors. and the other defining a reason
able doubt Justice Pritchard announced
that he would charge the jury that these
statements should not have any effect on
the defendants except as regards the one
making them and the jury should not con-
jure imaginary doubts TO avoid perform
ance of a disagreeable duty. The verdict
must be mot guilty" for all of the de-
PENDANTS if the facts and circumstances
and their acts can be accounted for on any
reasonable theory consistent with the pre-
sumption of innocence, or if the alleged
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 the most important of
them instructs the jury that if they believe
from the evidence that Lorenz owed Machen
$25, 600 or any other sum, LorenZ had a
perfect right to pay Machen that sum,
wholly or partly, in such manner and meth
DDS 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
accounts, and to make payments in such
proportionate parts as he chose, or any
amounts received from the Groffs from
time to time. Machen, the court added. had
the right to receive and accept payments
on account of the indebtedness, even though
he knew they were derived wholly or partly
from Lorenz's interest in the profits from
the Croft fastener sale, provided that Ma
chen's official action as to the fasteners
was not thereby affected; also provided that
the jury finds the transaction between the
Groffs and LorenZ was bona fide, contem-
plating in this connection the manner OF
the payments.
The statement of certain of the defendants
on May 27 last are not to be considered as
evidence of the existence OF the alleged
conspiracy, but merely as tending to show
that any one making such statement was
q party to a conspiracy which may have
been established already to the satisfaction
of the jury beyond a reasonable doubt.
In determining the question whether the
SIS, 900 note alleged to have been given by
Lorenz to Machen was in fact executed at
the time stated and as to its 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 or refln-
ing, etc, and other circumstances showing
the value of the property.
The submission of prayers was concluded
at the afternoon session. One of the pray
ers which was granted to the defense in
structs that the jury may consider the
fact that the other devices offered to the
Postoffice Department in place OF the Croft
fasteners were infringements. and may con-
slider whether a person holding an office
like Machen's would reasonably purchase
a device that so infringed. The jury also
will be instructed that If they believe that
Machen of his own voltion and without
any suggestion from a superior officer, re-
duced the price of the Croft fastener from
81 20 to 81 25 they should consider that fact
as bearing on the good faith of the pur-
chaser of the fasteners, and as tending to
disprove the existence OF any unlawful con-
tract.