Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-02-25
CREATES SENSATION
Government Counsel Says
Samuel Croft is Innocent.
POST OFFICE INQUIRY
MAJ. HOLMES CONRAD COM.
PLETEs HIS ARGUMENT.
His Admission Regarding Croft De-
nominated a Great Move - Tits
With Defendants Counsel.

What is considered by attorneys to be
the greatest move on the part of counsel
representing the government in the trial OF
the alleged postal fraud cases was made
this morning when Maj Holmes Conrad
declared he did not believe Samuel A. Croft
one of the defendants should be convicted.
This statement created a stir in the court
room. Mr.. Conrad who has been the guild
ing star for the government I'm the prosecu-
ton of August w. Machen. Geo. E. Lorens
and Diller B. and Samuel A. Groff, had
brought the spectators and court officials
to an impressive silence by his eloquencs.
my duty as a lawyer and as a man."
said the veteran counsel "compels me TO
say to you that there has not been enough
evidence adduced at this trial TO conv'ot
Samuel A. Groff.
HE was not present when his brother
Diller made the alleged contract with
Lorenz, nor does he appear to have had any
knowledge of the nature of the transactions
between them. Therefore. 1t is my honest
belief that you cannot find Sam Gron
guilty"
sam Croft was visibly affected, but moth
ing more than significant glances were ex-
changed between the two brothers. The
spectators crsned their necks to get look
at the second of the five defendants to Be
practically acquitted while the trial was
In progress. Order restored by the
court and the proceedings continued.
Remarkable Bit of Cleverness.
Attorneys during the noon recess referred
to Major Conrad's move as remarkable
bit Of cleverness, because it will not give
the jury opportunity to say that they do
not believe Sam guilty. and that If one Of
the alleged conspirators gets eff all of them
should be acquitted. 1t Is argued that by
admitting the innocence of Samuel Gron
the prosecution has made a much stronger
case against his brother Diller and Lorens
and Machen.
This is the last day of the famous postal
trial, which has dragged itself out over
eight long, weary weeks. Major Holmes
Conrad, the last of seven counsel to ad.
dress the jury, began his argument yes
terday afternoon at 2:4o o'clock. az stated
in The Star. He resumed this morning by
making brief reference to the two points
which he had already discussed. namely.
the placing of the burden of proof and the
enic&cy OF cfrcumgtantial evidence. He con-
cluded his argument about hour after
the afternoon session Of the court had con-
vened, having surprised even his fellow at
torneys by his display of physical strength.
Mr. Conrad had to rest three times yester-
day In the hour in which he spoke, and IL
predicted that he would not be well
enough to talk much more than an hour
today.
! But with the help Of United States Dis
trict Attorney Morgan H. Beach, who
read certain prayers and other pertinent
documents, the senior counsel for the
government talked more than three hours
and made one of the most convincing ar
guments of the. entire trial. His gray
hairs, his erect figure and withal his
earnest and honest manner were factors
III swinging the sentiment of many of the
spectators, whether or not the same was
true of the jurors
Looked for Mountain in Vain.
At the conclusion of his address MAI.
Conrad declared Mr.. Charles A. Douglass
had announced he would erect "a noun.
tain so high as to be unsurmountable by
the prosecution. and through which my
esteemed brother Conrad will not be able
to tunnel" He said he had looked in
vain for that mountain, but had not even
discovered molehill. He saw nothing
which he had not completely destroyed,
as did Mr.. Douglass destroy the huge
giants of straw which he had himself
erected for no other purpose than demo.
lition."
Major Conrad took up every important
phase of the case and endeavored to dis
pose of every point made by the defense
which he considered worthy of reply"
He asked the jury if they could believe
honest men could conduct themselves as
the defendants had; If honest men would
endeavor to conceal every evidence Of
transactions which they claim to be an
honorable one. He dwelt on the many re
markable condolences with which the
case has been replete and said they all
proved guilt He said his greatest work
had been in endeayoring to clear away the
brushwood which the counsel for the de-
fense had placed before the eyes of the
jury.
Important Point.
What is regarded as the most important
point however outside of the acknowledge
ment that Sam Croft is innocent was
made by Major Conrad when he de-
clared that not a single letter had
been produced by the defendants which
must have accompanied the remittances
from Diller Croft to Lorenz He
said the government had to prove the ex-
istence of the checks before the defense
offered them in evidence. but that as the
government had no means to prove the ex-
istence of the letters they were concealed.
He placed great emphasis on the conceal
ment of the letters. saying It was imposst-
out some letters or receipts
early, and the crowds of the curious lined
iously awaiting the unlocking of the bolts.
vened all the standing room was occupied,
treme difficulty. In the crowd was the pres
osnes, ard sever i other officials of the
that the charge will be delivered to lie
this afternoon.