Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-03-04
New Move of Counsel for De-
fense in P. O. Trials.
SENSATIONAL RUM0R
EFFORT TO POSTPONE HEARING
IN CROFT CASE.
Court Directs That Attorneys and
Clients Be in Court Tomor-
row Morning.

Another sensation in connection with the
Machen-Lorenz-Groff trial was sprung to-
day in open court when Attorney Samuel
Maddox, counsel for Diller B. Croft and
Samuel A. Croft. announced to Justice
Pritchard that he is having an investiga-
ton made in reference to the jury that ad-
judged the defendants to be guilty of con-
spring to defraud the United States Ac-
cording to counsel, If a report that has
reached him proves to be true, the verdict
of guilty will Re invalidated.
Marked interest was also added to the
case when Justice Pritchard from the bench
today expressed approval of the action of
the jury in ignoring the suggestion ad-
vanced by Attorney Holmes Conrad, spe-
cial counsel for the government that Sam
uel A Croft should be acquitted.
There was just as much evidence upon
which to hold Samuel A. Croft as to hold
the other defendants" declared the court
In my opinion, the jury very properly dis
agreed with Major Conrad"
When court was opened this morning
Justice Pritchard inquired If Mr.. Maddox
and Mr.. Croft were in attendance. When
Informed that neither of the parties men,
toned was present, Justice Pritchard di-
rected that Mr.. Maddox be summoned.
Your honor sent for me?' Attorney Mad
dox remarked inquiringly, after he had en-
tered the room.
1.-The motions for a new trial and in ar
rest of judgment in the case of Samuel A.
Croft were set for hearing this morning.,
Justice Pritchard explained.
Court Advised of Agreement.
II have arranged with United States At
torney Beach that the motions should not
be argued just yet" Mr.. Maddox stated
Il do not understand that counsel have
the right to set matters for hearing with
out consulting the court Justice Pritchard
commented, severely.
THAT has been the practice" Mr.. Mad
dox added II was under the impression
that the United States attorney was in
charge of prosecutions and had authority
to act in the matter of these motions"
Mr.. Maddox went on to explain at length
that Attorney Douglass, Attorney Conrad
and United States Attorney Beach are away
from the city, and that each of them is i'll.
Mr.. Maddox, himself is compelled to go to
Florida on business, he said, and must
leave this city tomorrow evening.
II was much surprised to learn that one
of the grounds upon which you base your
motion for a new trial. Mr.. Maddox, was
that you were not in court when the verdict
was rendered" Justice Pritchard then took
occasion to remark. "Mr. Douglass, after
comforting with his other associates, arose
and informed me that he would represent
you SO far as receiving the verdict was con-
cerned."
There were many curious things con-
nected with that verdict" Mr. Maddox as
serted THE jury should have been polled
to see how every individual member of it
stood. am having an investigation made
now"
Additional Reasons.
Continuing, Mr.. Maddox asked for delay
on the ground that he was Ill and that he
had a case set for hearing today in Justice
Goulds court. He said further:
II am also under arrest in the Police
Court for failure to remove snow from a
sidewalk
Il wish could represent you in the Po-
lice Court Justice Pritchard said smiling
ly. You'd better bring the case UP here
before me; I'm sure you'd fare better"
Speaking of the fact that the attorneys
were indisposed, Justice Pritchard announc-
ed that he had been SO i'll during the
progress of the trial that he suffered tor
ture but nevertheless continued on the
bench.
your honor should go to Florida with
me-" suggested Mr. Maddox, amiably.
II can't afford to do so,' replied the
judge. II must stay here and discharge
my duties"
After further discussion Justice Pritchard
said he would set the matter for hearing
next Monday.
II give notice that I cannot be here at
that time" announced Mr.. Maddox.
"Then Well dispose of the motion now"
Justice Pritchard decided.
II am not ready to proceed now, Mr..
Maddox explained.
At this point Assistant United States At
torney Taggart took hand in the pro-
ceedings. In substance he said that he
had never heard of such matter as the
one at issue being postponed in order to
allow counsel to investigate a report re-
garding misconduct on the part Of jurors.
Not Regarded as Good Reason.
thof he hi
request for a postponement on the fact
that the United States attorney had agreed
that the matter should go over.
'T want no trifing and no delay" the
court said.
Il filed my motion in good faith," Mr..
Maddox declared.
II know you did" the court replied, 'tut
1 do not think desire to investigate the
jury is a good reason for delay"
If what has been told me regarding one
of the jurors is true" Mr. Maddox then de-
clared. 1.-THE verdict would be invalidated.
"Of course it is mere rumor. and there
may be nothing in it. but / want to run it
down.
Justice Pritchard concluded to let United
States Attorney Beach take the RESPONSE
bility for the delay in disposing of the mo-
tions, If there should be delay, and 1t was
ordered that Mr.. Beach be notified at his
country home in Virginia by telegraph or
ulSSScHScT W dppcdI III court dl III U CLOCK
tomorrow morning.
Mr. Maddox again took the floor to urge
that the matter be allowed to go over un-
Ill next Monday week.
'If you had good excuse" commented
the court. "it would be different. but de-
sire to go out and make drag net inves-
tigation of jurors is not good excuse"
Quotes Mr.. Conrad.
Again Mr.. Maddox said that he asked de-
lay only after having an understanding
with Mr.. Beach that the arguments should
not occur at this time. He added:
II understand that Major Conrad. in a
letter to Mr.. Beach. has expressed the opin-
ion that Samuel A. Croft should be granted
a new trial or that the charge against him
should be noile pressed"
II will tell you frankly" Justice Pritch-
ard hastened to say, that IL Major Conrad
should come here and express that opinion
to me l would overrule your motion, for
tbo iy1rv I'm mass sod IN IA ma for md