The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-28
Sentence Given A. w. Machen, DIR.
George E. Lorenz and
Diller b. Croft.
ON ONE COUNT
Government Demanded Full Pen
atty of "a Years in Prison and
$4,000 Fine.
APPEAL TO BE TAKEN
All Three Released on Bond of
$4,000 Each-No Action in
S. A. Groff's Case.

WASHINGTON, Feb. 27.-August w.
Machen, formerly general superintendent
of the free delivery postal service, DIR.
George Z. Lorenz. of Toledo, o.. once post
master of that city, and Diller B. Croft,
of this city. all of whom were convicted
of conspiracy against the government in
connection with the supply of Croft fasten-
crs to the Postoffice Department, to-day
were sentenced by Judge Pritchard to two
years Imprisonment in the Moundsvile. w
Va, penitentiary and fine of $4,000 each.
The defendants Immediately gave notice of
appeal to the Court of Appeals, and were
released on $4,000 bonds each.
Samuel A. Croft. as TO whom Special
Counsel Conrad for the government said
some days ago that there was not SUFFICIENT
evidence to convict, was not sentenced his
motion for new trial and for arrest of
Judgment beipg allowed further considera-
ton. His counsel was given four days
within which to prepare to argue the mo-
tions.
The sentence imposed on Machen, Lorenz
and Diller Croft is the maximum allowed
under the law, although the court, con-
trary to the contentious of the prosecution,
decided that the several counts In the in
dictment constituted but one offenSe. The
appeals TO the upper court will be pressed
as rapidly as possible, according TO the de-
fense. but months may elapse before the
The government has not yet decided on
its next step in the prosecution OF the pos
tai cases, in which there have been so many
indictments returned, but il is not unlikely
that the other indictments in which Machen
Is named involving other offenses than that
covered by the indictment on which he has
already been convicted will be pressed for
trial next There are approximately four
teen indictments against Machen, either
simply or jointly with others. and the gov
ernment expects to briDg him to trial on
most of them.
NEW TRIAL REFUSED.
When the cases in which the jury brought
in it's verdict last night were called in the
Criminal Court to-day the defense moved
a new trial. but asked that the case of
Samuel A. Grof be separately considered.
The court overruled the motion save as to
Samuel A. Croft. The defense then moved
for arrest of judgment in the case of Ma
chen, Lorenz and D;ller Croft. This mo-
tion was promptly overruled. Exceptions
10 the decisions on both motions were noted
and counsel argued the question whether
the penalties under the twelve counts OF the
indictment should be cumulative or whether
the various counts should be held to con-
stitute offense. The prosecution asked
the imposition of the full penalty on each
count, the adoption of which proposition
1t was pointed out would involve total
of twentyfOur years Imprisonment and a
fine of $4,000 The defense characterized
this an outrageous and absurd propo-
sition, arguing that as there had been but
one offense alleged in the whole indictment
the court had no power to impose penalty
on more than one OF the counts.
Judge Pritchard stated that he was salts
fled the verdict of the jury was correct but
he did not know whether the imposition of
a penalty in single count would be heavy
enough. He decided the question after
recess, holding that he could impose a
penalty under only one count.
The prisoners then stood up for sentence.
Machen was first called. When the court
sentenced him to two years imprisonment,
the term TO begin on arrival at the pen
itentiary and $40, 600 fine Machen's eyes
filled and he trembled slightly as he re-
sumed his seat. Then he clasped his hands
and sat staring ahead of him the other
two given the same sentence. Bonds
for $4,000 were furnished by each of the
three men and the court then adjourned.
PAYNE TO BRIsTOW.
Postmaster General Payne to-day made
public correspondence that passed between
himself and Fourth Assistant Postmaster
General Bristow last November, in which
ha thanked Mr.. Bristow for his intelligent
able and vigorous work.
Il am aware wrote Mr.. Payne. that
the task is not yet completed. You and
the inspectors Will be relied upon to furnish
the evidence in the case and much depends
the intelligence and zeal in which that
service is performed. Knowing the method
and manner of the work so far done, / look
forward with the utmost confidence to what
Will be accomplished in the future
Mr.. Bristow, replying, thanked Mr.. Payne
for the sincere and earnest support received
from him during the entire progress of the
investigation. Without such support from
the head of the department, Mr.. Bristow
wrote, the investigation could not have sue
ceeded as ii did
First Assistant Postmaster General
Wynne. who began the crusade against
wrongful methods in the department soon
after ne assumed office, has received a large
number of kilograms congratulating him on
the jurys verdict in the postal conspiracy
cases