Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-01-18

Croft Brothers, before him. September Ii,
! 1900.
Major Bell Testifies.
Tie next witness was Major James T..
| Bell. superintendent of the city delivery Of
| the city post office. He stated that he Is
acquainted with both Samuel A. and Diiler
B. Croft, and was familiar with the Gron
| fastener With one of the fasteners before
| him Major Bell described to the jury. in
| detail the workings of the fastener in con-
| trast with the old method of attaching let
! ter boxes to lamp posts by bands.
| Mai. Bell first saw Croft fastener at the
residence of Mr.. Diller B. Croft, 1107
street The witness called there at the re-
quest of Mr. Samuel A Gr1 on ,,s Ihe e. h .hs
| Washington office was received about July
! 1, 1895 The adoption of the fastener was
not by Maj. Bells office but by the Post Post
| Office Department The witness said that
| he had made a thorough search OF the rec
ords of his Office and the only communica-
ton he could find relating to the Groff
fastener was an order from the department
authorizing the cashier of the washington
Office to pay for a. consignment of the
fasteners.
An Individual Connection.
The government offered in evidence re-
CENT dated in 1895, from the Croft brothers,
for $1.4TO, in payment for $50 fasteners.
The defense objected to the introduction or
the receipt on the ground that IT bore date
of 1895. when the first act in connection
with the alleged conspiracy, charged In the
indie tnent did not occur Until LIDO. The
government was asked tosexpIain its' object
in introducing the paper. Assistant United
States Attorney Tagsart, in reply stated
that the defense was endeayorihg to show
that In approving orders for Croft fasteners
Mr.. Machen merely acted formally as did
his superiors when the latter signed the
orders. -
1--WE now want to show continued Mr
Taggart. the individual connection OF Ma
chen in a way that did not involve reliance
nv him in any subordinate. We think TINS
paper which will be substantiated later by
additional proof, will have a tendency at
least. to prove that the fasteners were
adopted
Attorney c. A. Douglass then made a
spirited argument. He pointed out that al
though the hearing had been IN progress
full week the government had thus FAR
failed to establish the semblance OF
prma facie case of conspiracy. 1t was
certainly plain from the testimony, counsel
said that in approving orders Tor Gron 1 ias.
teners Mr. Mashen did 50 in an absolutely
mathematical way. The speaker contended
that testimony in relation to an alleged
overt act was not admissible prior to the es-
tablishing of prima facie case OF con-
spiracy 1t would not do, added Attorney
Douglass, for the government TO promise
to prove conspiracy and then attempt to
do so by showing one alleged overt act by
one of five defendants. The government,
il was declared was presenting Its case
backwards.
United States Attorney Beach. answering
Attorney Douglass asserted that the pcine
raised by the defense had been passed upon
by Justice Wiley In the star route u al
'in this very court room" twenty-three
years ago. The United States attorney
added:
1--WE do not expect to show any written
agreement to defraud the government. Our
position is this: In developing proof of the
conspiracy we propose to show what one
of the defendants did separately, then what
each of the others did separately; next join
those acts. and argue therefrom that the
jury should be warranted In inferring that
the several acts were by, agreement between
Attorney Douglass in order to save time.
suggested that the paper be identified mere
ly, and offered in evidence later, when the
issue could be fully argued.
Attorney Kumler interposed that there
was no aYerment in the indictment that the
government had ever been defrauded out
of cent In connection with the Croft fas-
tener.
II don't think that was necessary" re-
| marked the court.
United States Attorney Beach took occa-
| sion to say I'VE can't prove conspiracy
| at jump"
well. let's jump along lively as we
| cam" directed Justice Pritchard thereby
| causing laughter.
A Clever Device.
The government decided to withhold the
paper for the time being, and the cross-ex-
animation of Major Bell was thereupon be-
gun by Attorney Maddox.
Among other things the witness said that
| he considered the Croft fastener very
| clever device, and that. very likely. he had
( suggested that Mr.. Croft communicate with
| Mr.. Machen in relation to the adoption Of
| the same Major Bell assisted in showing
the workings of Croft fastener. using
model set up in front of the jury.
| Attorney Douglass took up the matter or
the method OF attaching letter boxes 70
posts and more models were carried into
the court ROOM
| Il thought we were through with this
class of testimony" commented Justice
Pritchard I'VE are wasting valuable time.
| It seems to be admitted that the Gron fas-
| tener is a very useful device.
| After Mai. Bell had again described the
| workings Of the Croft fastener. and had
| stated that with the use OF the fastener the
| contents of letter boxes were protected
| from snow and rain, which was not the
| case under the old method. he was turned
over to the government for redirect exam
ination.
Il have no questions Attorney Kumler.
nounced. "if the government admits that
| the Groff fastener is q valuable device"
| 1--WE have never questioned that, re-
marked United States Attorney Beach
| After a few more questions MAJ. Bell was
| excused at the instance OF the court. jus
tice Pritchard saying:
Gentlemen, we are only killing time
| We all agree that the Croft fastener is an
it you may possibly disagree. and then
we'll have more trouble.
Counsel smiled, and Harris Atchison, .