Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-01-13
TRIAL BEGINS.
Cases of Machen and Others
in Postal Frauds.
Justice Refuses to Require District
Attorney to Select Specific Count.
Witness Testifies That Machen's Name
Was Placed on Letters.

Washington. Jan. 12.-The trial OF
August w. Machen, the Croft Brothers
and DIR. and Mrs. George f. Lorenz,
for completely in the postal frauds.
began in earnest. today. At the outset
the government scored two points.
|when Justice Pritchard refused to
make a rule requiring the district at
torney to select the specific count Of
the indictment under which the de-
PENDANTS would be tried, and also when
he permitted certain post office inspec
tors to remain in court after the
other witnesses had been required to
retire. -
Six witnesses were examined, all Of
them in the employ Of the post office
department. Except that of Witness
Howley, chief clerk of the Office of the
first assistant postmaster general, the
testimony was devoid of any feature.
Mr.. HOwley, who had not concluded
his testimony when court adjourned
for the day, was rigidly croSS-examin-
ed by MIR. Kumler, Of counsel for the
L.orenz's. lie admitted that frequent
lily it happened that Machen's initials
and signatures were placed on letters.
orders and acquisitions by his subor-
dinates and that this practice had re-
suited in an order to all division chiefs
prohibiting their delegating this au-
thOrity to others.
The work of empanelling a Jury in
the trial of August w. Machen, the
Golf brothers and DR.. and Mrs. To-
renZe, on the charge of conspiracy to
defraud the government in connection
with the sale of letter box fasteners.
was completed, today. The jury is
composed of the following:
John Croker, blacksmith: Carl Pc
terson, jeweler; Douglas Markham.
gardener; w. o. Bergman. printer;
Charles E. West, hardware dealer; W.
p. Cannon, railroad: Clarence Brad
burn, clerk; Holley L. Herrell, lumber;
John +. Gerhold, barber; Roache Abel,
druggist; 7. f. Clements, grocer;
David Wazell, retired.
Mr.. Douglas of counsel for the de-
PENDANTS reserved the point Of chal-
longing more than 10 talesmen. Mr..
Maddox of counsel for the Broffs, per-
emptorily challenged one Of the jurors
which was denied and an exception
was noted.
VI,
counsel for defendants moved that the
government elect On which count the
trial would proceed. District Attorney
Beach opposed the motion on the
ground, that the government was not
required to do SO. Judge Pritchard
said he would not rule on this point
until after the evidence was in.
John +. kumler Of Toledo, Ohio, of
counsel for the Lorenzs. wanted the
jury to inspect the Croft fastener and
started in with sarcastic reference to
to Fourth Assistant Postmaster Cen
eral Bristow, but Judge Britchard
stopped him with the statement that it
was not the proper time to submit
such evidence.
The government scored a point when
Judges Pritchard allowed the post Of
flee inspectors, who are to 60 on the
stand to remain in the room, all the
other witnesses having been excluded.
District Attorney Beach opened for
the government and specifically de-
fined what is meant by conspiracy and
said that the defendants had been |
brought into court on a charge Of dis
honesty. He related the long standing |
friendship Of Machen and the Lorenzs |
and their business relations as well as
the dealings of the COTS with the for |
mer superintendent of the free deliv-
cry and said he would prove the pay
ment to Machen by. the COTS of 40 per |
cent. of the price Of the fasteners, n !
part of which went to the Lorenzs as |
Intermediates.
Counsel for defendants waived an OPEN
ing statement. whereupon an adjournment |
until later in the day was taken.
Conspicuous among those in TIE court |
room was former First Assistant Post
master General Perry S. Heath. one of |
the witnesses for the government First |
Assistant Postmaster General Robert J.
Wynne was also present. as well as sew |
eral members of Congress
When court adjourned, John NJ Masten.
assistant superintendent of the railway |
mail service. testified that as chief clerk
In the first assistant postmaster generals
Office he had to do with purchasing the |
supplies for the postal service He ex-
planned the steps taken to put into effect
the postal laws and regulations
On cross-examination the witness said
1t was not a part of his duties to inspect
the condition of letter boxes or how they
were fastened.
Blaine w. Taylor, clerk in the post
CONTINUED on page %