The Washington times., 1904-02-16
ARGUMENT is BEGUN
IN THE WACHEN CASE

IN THE DACHEN CASE
Mr. Kumler opened the session IN
he Machen trial today by Directing 10
The contention Of the defense that Mr.
Beach and Major Conrad be allowed t.
make the two closing speeches, and he
Mas sustained by the court
Mr.. Purdy made the first address for
he prosecution. He began by telling
he jurymen they stood i'm the position
d men on a hilltop watching a struggle
On a plain. They had seen the defend
Ints trying 10 break through the COR
Ions OF the Government and escape the
penalty OF the law. All that remained
VAS for COUNSEL to show the jury the
POSITIONS OF the contending forces. All
he Government asked was an honest.
conscientious verdict Vie said IN part:
Nobody IS responsible for the issue
except the defendants They did their
parts and placed themselves in the posi-
lion they now occupy. 1t is not IN
agreeable duty to prosecute mon of their
age and station in life, but men Of their
age and experience should not break the
iaw. We can palliate the act of the
youth who gets into trouble. but can we
2alliate crime against the law Of the
country BY men OF the age OF these de-
tendants2
An Important Duty.
''eSo man has a more important or
responsible duty than you men. The
elector who casts his vote in an cleo
zion does not perform duty one-tenth
hat OF the man who sits in the jury
box and enferces the law.
THE soldier IN the field may resist
the enemy in the field or put down an
Instruction. but you prevent the Re
public from rotting az the heart.
the-bribery Of its officials. ] have told
you this TO impress upon you that It
3 Just as important 70 the United states
that their people be acquitted If limo
cent as convicted II guilty. All we want
Is your honest. conscientious verdict
and know that viii be given.
Law on Conspiracy.
Every State In the Union has a law
ike that Of the United States. This law
simply says that II any two or more
parties conspire OF agree TO defraud the
United States and one Of those parties
does an overt act in pursuance Of that
agreement. he shall be fined or sent to
prison for not more than two years.
You will see these people are not on
rial for defrauding the United States.
but because they came together and
agreed to defraud the United States. 1t
appears in evidence that they did &C
iually get money. but that is not the
subject OF the trial. They are being
ried FOR the agreement, and the agree
Amt does not have 70 bear fruit
Difficult to Prove.
Another fact is that when your house
IS robbed you can testify that il was
robbed. but when a conspiracy is en-
.ered into. where is the man who viii
testify to it, II can be proven only
BY circumstantial evidence. and the law
las wisely provided IL may be so proven.
We may show the relations OF the par
les, their acts, their relatiUus-all these
come together 10 show the unlawful
agreement between the parties.
Convict Themselves"
Il intend TO show you that these de-
PENDANTS have convicted themselves out
OF their own mouths. We put three or
four First Assistant Postmasters Cen
sral on the stand to show how sup
plies were purchased. and how A w
Machen sat there for ten years pur-
chasing supplies for that branch OF tho
You remember the struggle ana the
doubt about whether Machen did have
the power TO purchase supplies. You
remember how We brought in clerks TO
prove he had the power. Then when
they were on the stand they admitted
that he not only had the power. but
Il was his duty 70 make the purchases. q"
Douglass Interrupts.
Mr.. Douglass broke in and said the
last statement was not accurate. Mr.
Conrad asked the court to make a rule
preventing interruption Justice Pritch-
ard said in case OF palpable mis-
statement OF fact he would permit an
interruption.
Mr.. Purdy then went over the testi-
mony concerning the transactions be
tween the defendants
"Gron would receive a warrant" said
he. and draw check for 40 per cent OF
II. The bank officers nor anybody else
would see the 40 per cent connection.
But sec how beautifully IL worked That
check was sent 70 LOrenz IN Toledo and
In due course OF time a check came
back 10 Washington and Macheu put IL
II his pocket. The amount was charged
20 the account and there was no earthly
way Tor the bank officers 20 know where
the check went.
LC-snz's Business.
What does George e. L.orenz do? He.
according to the Government case. is
the gO-between. He IS the man who
takes chances. When he gets the Sc 900
from the CroRs ,he has his wife Mar
tha's account his account IN Cleveland
and one in Toledo. When he gets the
money he puts it in his wife's account.
then draws n check against IL and de-
posits 81 IN his own bank in the same
city Then he draws a check and BUYS
draft and sends it 10 Machen
ny does ne do this2 There f. but
one purpose and Il is a dishonest pur-
pose. Men don't do business that way
and you business men know IT,"
Mr.. Purdy characterized LOrenz as
the man who took chances In the con-
spiraey, and the chances were his stock