New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-01-16
PERRY hEATH A WITNESS
HE TRUSTED MACHEN.
Defence Wins an Important Point
Wynne Testifes again.

rorenz charged with conspiracy to defraud the
government, the defence won an important point
With respect TO the character OF evidence to be
introduced at this time by the government The
6ssence insisted that the government had not pro-
.noed any documentary evidence showing the ex-
tstenoe OF a conspiracy 20 defraud the government
and that what being offered naturally should
follow the evidence Of conspiracy to connect
fha defendants specifically with the transactions
referred to. The court sustained the point. AT
uo,rt in the trial Mr.. Douglass counsel for the
defence asked Justice Pritchasd TO reprimend First
Assistant Postmaster General Wynne for voluu-
tee-ing the statement that former employee Of the
postofice Department had recently been sentenced
IN Baltimore TO two years in the penitentiary. The
suggestion not compiled with but the justice
instructed the jury that their minds must not be
prejuoiced by the statement OF Mt. Wynne. Perry
s. Heath formerly First Assistant Postmaster
General. was the principal witness. William NJ.
johnson. ex-F1rst Assistant Postmaster General.
also gave testimony TO the practice OF his Office
IN handling matter originating In the free delivery
division. He had not concluded when court adj
3ourned until tomorrow.
PURCHASE OF CROFT FASTENERS
Mr. Heath's examination was conducted by Mr.
Taggart for the government. he testified to his
service IN the department from March, 1897. to
July. 1900, and said he knew OF the Grof fastener,
which had been adopted and in when he
entered the Office. The practice OF the Office in
purchasing supplies he said continued after
he assumed his duties. An order for fasteners with
his name attached was shown TO him and he
promptly said: That's my and my sigma
tura. but IL is signed with a rubber stamp"
The stamp. he said. was used only for formal mat
tiers and It had not been his practice TO use a
rubber stamp a document calling for the ex-
peuditure Of money. He said that. without his
attention being particularly called TO a requsition
from Machens division, he would pass it in
formal He declared that he never saw
either Of the Groffs until he came into the court
room, and did not remember ever having attached
his signature with the rubber stamp to the order
for fasteners IN question He explained that under
the the chief clerk OF the First Assistant
master General would act First Assistant Post
master General in the latter's absence. A bill for
fasteners signed by Machen and marked Correct
was shown to him. He said he governed IN
placing his own signature thereon in approval by
the fact that tie voucher seemed IN regular FORM
properly initialled
On cross-examination Mr.. Heath said he could
not speak regarding the signing OF Machen's mi
t.als BY Miss Leibhardt Machen's stenographer and
chief clerk but he did recall having been informed
that she signed Machens name. He was then led
Through long line Of questioning. the fact being
brought out that in Machen's division subor-
Climates prepared certain papers for Machen's ini-
tails
Mr.. Douglass objected to the admission of papers
such es have been offered in evidence saying the
government had not laid the foundation for
fits charge Of conspiracy. He contended that the
Egnihcance OF these papers depended the evil
oence which should precede them It all was being
done, he saida to confuse the minds Of the Jury
the court He demanded that the government pro-
duce its evidence OF conspiracy and conspiracy TO
cetrauo, so as to connect Machen with specific
knowledge OF the transactions referred to- Counsel
for the other defendants made a similar demand.
EVIDENCE NOT COMPETENT NOW.
Mr. Taggart replied that he trying Illus
trate the methods of business IN the Posoffice De-
partment. and. with respect TO the initials OF
Machen. the papers had tendency to show that
Machen connected with the transactions to
which they related Answering question by JUS
tee Pritchard, Mr.. Taggert said ne did not offer
the documents 10 show the guilt OF the defendants
but 60 make clear the office practice.
The court decided that the evidence was not COM
potent this time. 1.-THE government" said Jus
tice Pritchard -.has it within its power to bring
this evidence within the rule. do think It has
done so. and therefore for the present Twill not
permit II introduce it The effect OF the decis-
ion is that the government now must prove its
a recess was then taken.
When court reconvened Mr.. Heath. replying to
questions by Mr. Taggart. said that the number OF
fasteners reqiT ed would be determined by requisi-
lions OF postnasters The price, however. would
be fixed in the department and would originate with
the superintendent Of the Rural Free Delivery
Division.
cross-examined by Mr. Douglass Mr. Heath said
that after an article had been adopted by the de-
partment and It's price fixed. and It had become
standard article OF supply. the signing OF requisi-
lions would be a routine matter He unable
70 say so- how long time before he came into
ONCE the Croft fastener had been regarded the
standard Re admitted that on the face OF some
OF the documents shown 10 him the reduction II
the price OF the fasteners from 81 90 TO 81 Is eHa
was a voluntary and spontaneous act OF Machen's
Regarding the number OF boxes needed, Mr.. Heath
SAID Il would be matter OF calculation b. some
clerk IN the Free Delivery Division. and not
sarsly by the superintendent He then detailed the
rapid growth OF the rural free delivery service.
and saie he regarded Machen q very competent
man.
he was the very father Of the system. he
not?' Mr.. Douglass asked.
AZ least Of them" the witness replied.
Mr.. Heath admitted that In view of the various
duties OF Aaohen that officer had the same right
y rely on bis subordinates the First Assistant
.tOh reoifect examination MI Heath said that
Aachen ala not have the right 10 establish the
standard OF article its price without consul
thlon with the First Assistant Postmaster Cen
thus estsbIished a standard. Mr.. Heath said, any
proposition involving new article equally good
assistant Postmaster General, and by him be
s Srougat 10 the notice OF the superintendent OF
per ever having any other device or any other
fentson Bein 6v NJ ID Done mn
aIs witness said that had new fastener been
STANDARD The latter Would have been dispiacec' and
a. Consequent loss TO the government
NJ Heath then was excused.
MIR. wYNNB CRoss-ExAMuNED.
When the court opened Robert J. wynne. First
Assistant Postmaster General. who the
stand on Wednesday continued his testimony
On cross-eXa imitation by Mr.. Kurnler he said he
DID not know whether Croft fasteners were at
tached 10 rural free delivery letter boxes or not.
There Were many things connected with the Post
Ot tS Department he knew nothing not about
ssrcasiicaiiy' 9Sand / am doing the best can
Mr. Wynne was piled with questions calculated
70 test his knowledge OF number OF details OF the
delivery