The Birmingham age-herald., 1904-01-14
Defendants Take Exception.

4t ny, 1t was insisted that Machen Is not chas Ned in the indictment with the duty of deciding anything, and that the gov ernment ought not to be allowed to go be- yond the scope of its own allegations. The court overrued the polnt and an excep- tion was noted.
 MT. Wynne said he knew nothing of the merits or demerits of the orders for the fasteners already referred to. He said he never heard of the Groff fastener until tine investigation developed. Counsel for defendants served notice that they op- iected to the entire line of questioning. Judge Pritchard allowed an exception.
 At 12:S a recess of an hour was taken. } When court convened MT. Wynne was
 oss-examined by MT. Douglass. After
 lplaning that MT. Howley was a per- fonal appointee, MT. Wynne was asked z Se knew anything as to Howley's quail }.ations for the office of chief clerk. The question was met with vigorous objec- tion from MT. Taggart. Justice Pritchard could not see the relevancy of the testi- mony. MT. Douglass insisted upon the question, but the court sustained MT. Taggarts objection.
 He Assumed the Right.
 Upon further cross-examination MT. Wynne in response to a question as to who imposed the duty upon MT. Machen of deciding certain questions, said he as- stunned the right because he accepted it every day. He further said that Machen had his authority because of his (Wynne's) approval of Machens act. He then de- scrbed in detail the duties of his office, whereupon MT. Douglass asked if he had omitted any that were very vital or whether he could mention the various sections of the law or regulations, def1n- ing his duties.
 Assistant District Attorney Taggart n- sisted that the witness was being bad gered, while MT. Beach. the district at- torney. vehemently protested and charged Mir. Douglass with making a side har- angue for the jury"
 This MT. Douglass denied. The court permitted the questioning to continue and MT. Wynne said he could not mention the various sections of the law. nor could he recall any duties of his office which he had not given. Regarding the purchase Of supplies, MT. Wynne said thaS in his office there had been three distinct sup ply divisions, which show lack of sys- tenn or a complex system. He said he re- garded Machen as one of the most expert men in the service and when he received a paper from him he assumed that Ma chen knew what he was doing.
 Did Machen Know His Business.
 Did you know Mr. Machen knew his business?' MT. Wynne was asked.
 '1 knew that MT. Machen knew what he was doing.''
 Did he know that you knew your busi- ness?" MT. Douglas next inquired.
 He knows 1t now was the quick re- tort, and the court crier was compelled to rap for order.
 MT. Wynne said that after assuming the duties of his office he had stopped Machen from writing letters on unofficial business signed by himself (Machen) to members of congress. postmasters and other com missioned officers of the government. He did not know of any authority given to Machen by Postmaster General Smith to sign such letters. He said that after he had determined in December. 1902, the in- with suspicion everything emanating from Machen's office and closely scrutinized 1t.
 Therefore he did not consult Machen about the expenditure of money but made inquiries of Machen's clerk Mir. Wynne declared that for long time his investi- gation did not result in any definite dis covery of criminality upon the part of MT. Machen. Asked if he signed any let ter calling for the expenditure of money after he began to suspect Machen, Mr.. Wynne said he would make investigation and sign the letter after he found every thing in official form.
 Counsel Read Letter.
 Counsel read a letter signed by MT. Wynne and dated as late as January, 1903, addressed to the Groffs ordering 100 fas- tsuers ct S1.25 each, but MT. Wynne said