Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-02-15
fury that it was the official duty of Machen

jury that it was the official duty of Machen
to recommend to the first assistant post
maser general the purchase of all articles
in his judgment and discretion necessary
for the proper conduct improvement and
development of the free delivery service,
and in determining what recommendations
he should make with reference thereto.
No criminal liability can attach to his ac-
tons, provided he acted in good faith in the
exercise of discretion and judgment. and
the jury will be instructed in addition that
it is the presumption of law, which may,
however, be overcome by evidence to the
contrary that satisfies beyond a reasonable
doubt that Machen as public officer acted
properly, honestly and wisely in the dis
charge of his duties.
At the instance of counsel for the de-
Tense, the court will inform the jury that
as a witness defendant is no more to be
visited with condemnation than he is to be
clothed with sanctity simply because he is
under accusation, and there is no presump-
ton of law in favor Of or against his truth
fulness.
Price of the Fasteners.
Unless the jury find from the evidence
that the Groffs were willing and desired to
sell their fastener to the United States or to
other parties for 70 cents each, or any other
sum less than the amount actually received
by them and during the period covered by
the indictment, then, the jury will be in
structed, the question Of the reasonableness
of the price paid by the United States as
affecting the good faith of the defendants
should be determined solely by the value of
the device to the United States; and unless
the price paid for the patented fasteners
by the United States was in excess of the
price they were willing to sell them to the
government or other parties, there can be
no fraud on the United States, and the YER
dict must be for the dfendants.
While a conspiracy to defraud may be
shown by circumstantial evidence the
will ba q evidence VII on n
that character must be so strong and con-
vincing as to exclude every reasonable
theory of the innocence of the accused.
Overt acts done to accomplish or make
successful a pending or uncompleted con-
spiracy if it has been otherwise prima
facie established. as will be explained by
the court may be considered by the jury
as further evidence of the existence of the
conspiracy itself, but no act, declarat ion or
statement, of any one or more of the de-
PENDANTS after the alleged conspiracy has
been contaminated or abandoned. can he
taken considered by the jury as evil
dence tending to show the existence of the
alleged conspiracy Such acts or declara-
lions. after the alleged conspiracy has
been ended by success or failure, are mere
nara tives of past occurrences and can
only be considered as evidence against the
parties making them.
Value Of the Statements.
Further, the jury will be instructed that
no statement lduo ny INC dTOIS OF Dy
Machen or by Mr.. and Mrs. Lorenz, May
Z, 1908, can be taken as furnishing any
evidence whatever Of the existence of the
conspiracy heretofore alleged to have
been formed between the defendant max
ing such statement and any of the other
defendants. The statement, written or
oral, of any of the defendants can only
be considered as evidence tending to
show that the person making it was
party to conspiracy already otherwise
established to the satisfaction Of the jury
beyond a reasonable doubt.
In determining the question as to whether
or not the note for $4,000 alleged to have
been given by Lorenz to Machen, was in
fact executed and delivered at or about the
date therein stated, and in determining
the good faith of the transaction and the
consideration therefor with reference to
the alleged transfer of the Macher interests
to Lorenz the jury will be told by the court
that they may take into account the extent
and value of the oil lands owned In fee
and leased by the Pluto Oil Company, and
all other property acquired by that COM
pany, which was subsequently turned over
to the Crystal Refining Company; the cost
of the refinery, including real estate, local
tank lines and other property; the earning
capacity of both companies, the proximity
of a market for the crude oil Of the Pluto
Oil Company and the refined products of
the Crystal Refining Company and all other
circumstances disclosed by the testimony
by which value can be shown.
Alleged Scheme Of Fraud.
After the usual midday recess the court
decided to instruct the jury that the scheme
of fraud charged in the Indictment con-
sists In an alleged conspiracy to purchase
a large number Of Croft fasteners at an al
legged excessive price by the United States.
and the number OF fasteners purchased. or
the alleged purchase Of an excessive num-