The Providence news. (Providence [R.I.]) 1891-1906, 1904-01-16
S. HEATH
| ON The STAND
[sstIflaS In Postal Conspiracy
Hearing.
PIE DEFENSE SCORES POINT.
|ouass| for Defendants Objected 10 AdmIs-
!lon Of Conspiracy Evidence and Were
Sustained by Court.
PIE DEFENSE SCORES POINT.

Washington, Jan. 16--In the trial yes
erday of August w. Machen. the Groff
BROTHERS and Dr. and Mrs Isorenz.
harged with conspiracy 10 defraud the
overnment. the defence scored an inn
|ortsnt point with respect 20 the char
cter of evidence 10 be introduced NJ this
ime by the government
The defence insisted that the govern
hent had not brought forth any docnmen-
ary evidence showing the existence OF n
conspiracy 10 defraud the government
nd that that which was being offered
naturally should follow the evidence Of
ne defendants with the various trans
ctions which had been referred TO. The
ourt sustained the point.
Perry S. Heath, former first assistant
postmaster general. who was subpoenaed
rom his home in salt Lake city to state
What ne knew about the administration
y his office was on the stand during the
ay
Former First Assistant Postmaster Gen
ral Johnson also gave testimony as to
ne practice Of his office I'm the handling
u matter originating in the free delivery
ivision He had not concluded when
ourt adjourned.
The first witness Of the day was Albert
Wynee. first assistant postmaster gem
ral. who was on the stand when court
adjourned over on Wednesday.
HEATH rs CALLED.
Perry 5. Heath. former first assistant
postmaster general, then took the stand,
is examinations being conducted by Mr..
raggart for the government. He testi-
eld as 90 his conduct OF the department
Ind said ne knew OF the Groff fastener
which had been adopted and was In use
vhen ne entered the office.
The practice OF the office in the mat
Ter OF the purchase OF supplies, ne said,
vas changed after he entered upon his
luties He was shown an order for fas-
eners with his name attached, and
promptly said: That's my name and my
fsnature but I see Il is signed with
|ubber stamp" The stamp was used only
or formal matters, and II had not been
bis practice 20 rubber stamp a document
kallinR for money.
He declared that he never saw either
the Groffs until he came into the
|ourt room. and that ne did not remem-
ker ever having attached his signature
With the rubber stamps 10 the order for
listeners He said that under law the
|lerk Of the FIRST assistant postmaster
General would act in his place In his
bsence.
The witness was shown bill for
listeners. signed by Machen and marked
RCorrect" He said he was governed In
|lacing his own sigma ture thereon I'm ap-
broval by the fact that the voucher
eemed in regular form. properly ini-
lated.
DEFENSE SCORES.
On cross -examlnatio Mr.. Heath said
be could not speak regarding the sign
hg Of Machen's initials by Miss Leib-
ardt Machen's stenographer and chief
Jerk but he did recall having been told
hat she signed Machen's name. He was
)hen led through the long list Of ques-
ioning the fact being brought out that
N Machens division subordnates pre-
pared certain papers for Machen's ini-
als
Mr. Douglass objected 10 the admis-
ion OF the charge Of conspiracy. He
considered the significance Of these papers
vas small.
1T allows the jurors minds to become
Fonfused.' he said.
Counsel for each OF the other defend
ipts made a similar demand. Mr. Tag
part replied that he was trying TO illus
rate the methods OF business I'm the
bostoffice department. and with respect 10
the initials Of Machen. the papers had n
tendency 10 show that Machen was con-
hected with the transaction 10 which
hey related.
Answering a query by Justice Pritch-
krd. Mr.. Taggart said he did not offer
She documents to show the guilt OF the
Defendants but 10 make clear the office
practice.
The defence scored when the court de-
dded that the evidence was not competent
kt this time.
AFTER RECESS.
1.-The government" said Justice Pritch-
BIRD, has Il within It's power 10 bring
this evidence within the rules. I do not
Ahink II has done So and therefore for
the present I will not permit Il to in
kroduce It," The effect OF the decision
N that the government must prove its
Ease.
recess was then taken.
When court raconvened Mr.. Heath. re-
plying to questions by Mr. Taggart. said
khat the number OF fasteners required
would be determined by acquisitions OF
postmasters. The price. however. would
be fixed I'm the department and would
Originate with the superintendent OF the
rural free delivery division.
| Cross-examined by Mr.. Douglass. Mr.
Heath said dhat after an article had
been adopted by the department and the
lprice fixed and II had become a stand
hrd article OF supply the signing OF
acquisitions would be a matter OF routine
fHe was unable 20 say for how long n
|time before he came into office the Gron
fastener had been regarded as standard
(He admitted that on the face or some
|of the documents shown him the reduc-
|tton in the price OF fasteners from $3.50
No 81 Is each was the voluntary and spon-