The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-27
hACHEN, LORENz AND THE
CROFT BROTHERS FOUND
GUILTY OF CONSPIRACY
Victory for the Government in the
Most Important of the Postal
Fraud Cases.
JURY OUT NINE HOURS
Verdict Was Great Surprise to
Both Counsel and the Four
Defendants.
EXPECTED AN ACQUITTAL
Scenes in the Courtroom When
Jury Declared Guilty as
Indicted"
JURY OUT NINE HOURS


WASHINGTON, Feb. 2s.-"Guilty as in
dicted'' was the verdict announced by Carl
Peterson. the foreman Of the jury in the
now famous postofice conspiracy trial,
shortly after o'clock tonight, stating at
the same time that this was the verdict as
10 all four defendants. August w. Machen.
late general superintendent of the rural
free delivery division; George Z. Lorenz, of
Toledo. O.. and Samuel a. and Diller b.
GrOff. OF this city
The jury had been out nine hours. al
though the verdict was reached in eight
hours and twenty-five minutes. Justice
Pritchard had gone to his homo, there TO
await any summons from the jury, and
when at 7:25 o'clock the jury announced to
the deputy marshal outside the juryroom
that a verdict had been reached the justice
was sent for and arrived at the court
house shortly before o'clock.
In the dmly lighted room sat the four de-
PENDANTS. who after the case was given TO
the jury had been placed in the custody of
the United States marshal and confined TO
the limits of the city hall. Each wore an
anxious look and a deathlike silence fell
upon the small crowd which had been per-
mitted to enter the room as the clerk in
quired OF the foreman if a verdict had been
reached.
COUNSEL APPALLED,.
With impressive dignity, the jury to
man rose and as the words guilty as in
dicted'' fell from his lips the defendants
and their counsel seemed appalled,. During
the time the jury were out the four de-
PENDANTS had paced up and down the hall
way outside the courtroom and had given
expression to the belief that each hour the
jury spent in discussing the evidence
brought them nearer TO acquittal
There was very general astonishment
that the jury had included in the convic-
tion Samuel y. Groff. the Washington po-
liceman and inventor of the Croft fastener
to whom Holmes Conrad. special counsel
for the government, yesterday informed
the jury he did not expect a conviction and
that he personally did not believe in his
guilt.
Five ballots in all taken. On the
first ballot the vote stood to for convic-
ton. on the second to A. on the third to
g. on the fourth 10 to and on the fifth
the vote was unanimous.
Immediately after the verdict
dered Charles A. Douglas, in behalf of all
four defendants. filed motions for a new
trial for arrest of judgment and also
for appeal for the purpose OF having the
defendants admitted to bail Bail was then
fixed at $4,000 each. the bond of Iorenz
$4,000 to that sum. When Mr.. Maddox, on
behalf of the Groffs, inquired as TO the
Justice PpitcRard said II Know no differl iTen
ence between these defendants. The jury
has said they guilty and l cannot dis
criminate, but Will treat all alike.
MACHEN THUNDERsTRUCK.
Next to Samuel \. Croft. the most sur
prised man was Machen. who said he was
thunderstruck at the verdict
of to-day about the courthouse The court
room was packed when Justice Pritchard
Immediately after convening charged the
jury and about II O'Clock sent its members
out to deliberate OH the evidence. They
had been out only about forty-five minutes.
when they came into court with request
for certain exhibits and evidence I'm the
case The exhibits they were allowed with
the consent OF counsel, to take TO the jury
room, but Justice Pritchard said that to
permit them 10 go over the transcript Of
the evidence would amount to a retrial of
the case in the juryroom and their request
TO this was denied They did not again
communicate TO the court until their YER
dict was reached.
Throughout the day Machen's father
mother, two brothers and uncle and sister
remained about the courthouse, as also did
Mrs. Lorenz and Diller +. Croft. of
Diller b. Gron. but with the exception of
Machen's uncle and one brother none of
them was present when the verdict was an
Foreman Peterson, after the jury had
been discharged. consented to make brief
statement regarding their deliberations He
said that many points were taken up and
discussed The now famous $4,000 note of
Lorenz TO Machen, he said, had been dis
counted" by the jury. The fact that they
were out so long, he said, was because on
the part CT some of the members there
were some matters of sentiment but" he
added, I'VE overcame that by hard work. F"
TO BE SENTENCED TO-DAY.
The four defendants will appear before
Justice Pritchard tomorrow morning to
receive their sentences. which action is nee
essary upon which TO base a motion for d
trial on appeal.
The district attorney and the officials of
his Office as well as Postofice Inspector
Mayer. all OF whom were in court when
the verdict was brought in. expressed their
qualification at the result of the trial, which
lacking two days, lasted seven weeks.
When seen tonight Mr.. Charles A.
Douglas said: Il have tried many cases,
but the most fearless and impartial judge
i ever tried a case before is Judge Pritch-
ard. We will make a motion in arrest OF
judgment and motion for a new trial, in
volving the most vital questions of law. II
goes 10 the very root OF this case, and
these matters will be heard their merits
before Judge Pritchard and. If not then
successful, will be carried on appeal 10
The Court of Appeals. and from there II
necessary by certiorari to the Supreme
Court of the United States. The fight On
samuel A Gron said: II was Just as
certain OF acquittal as anything in the
world
Machen. after the verdict had nothing
10 say. and seemd utterly crushed He
had been extremely confident as was shown
by incident that occurred during the
evening. As the hours wore Oni without
a report from the juryroom the marshal
informed counsel that the Judge would
retire at $3.50 o'clock IL a verdict were
not lad by that time. ne would be COM
PEELED 10 commit the Defendants The
news was received badly by all save Ma
chen, who said he not only was willing 10
remain. as ne felt sure of acquittal i'm the
morning. but would cat none other than a
prison breakfast before the verdict
Bail furnished tonight for each OF
the four convicted men, the sureties being
the same as the bonds for the amounts
fixed prior 10 conviction. and the defend
ants were released from custody.
THE JUDGES CHARGE
Justice Pritchard. in his charge TO the
Jury to-day. set out the various counts in
the Indictment. and said the defendants
are presumed 10 be innocent. and that that
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