The Birmingham age-herald., 1904-01-16
5. HEATH
 GOES ON STAND
Adds His Testimony in Postal
 Frauds Case
DEFENDANTS SCORE POINT
Former First Assistant Says Rubber Stamp Was Used In Signing His Name to Order for
 Fastener.

1 Washington. January 15-In the trial today of August w Machen, the Groff Bros. and Dr. and Mrs. Lorenz, charged With conspiracy to defraud the govern nent, the defense scored an important point with respect to the character of evidence to be introduced at this time by the government.
 Ine defense insisted that the govern ment had not brought forth any documen- tary evidence showing the existence of conspiracy to defraud the government, and that that which was beirg offered naturally should follow the evidence ot conspiracy, so as to specifically connect the defendants with the various transac. lions which had been referred to.
 The court sustained the point
 Ferry s. Heath, former assistant post master general, who was subpoenaed from ms horne in Salt Lake City to state wha. re Knew about the administration of his onice was on the stand during the day.
 lie testified to his service in the depart ment from March, 1897. to July. 1900, and said he knew of the Groff fastener which had been adopted and was in use when he entered the office. The practice of the onice in the matter of the purchase of supplies he said, was continued after he entered upon his duties. He was shown an order for fasteners with his name at taohed and promptly said:
 That's my name and my signature, but see 1t is signed with rubber stamp"
 Used Only for Formal Matters.
 The stamp he said was used for only formal matters and It had not been his n Nf loo fa IL ments calling for the expenditure of mon ey. He said that without his attention be- ing particularly called to requisition from Machen's division he would pass 1t In formal manner. He declared that he never saw either of the Groffs until he came into the court room, and said he did not remember ever having attached his signature with the rubber stamp to the order for fasteners in question. He then described the office circumlocu- ton of an order for supplies and also ex- plained under the law the chief clerk of the first assistant postmaster generals 8 office would act as first assistant post master general In the latter's absence The latter was shown a fas' aner signed by Macfca and marked 'c ect." He said he was governed in placing his own | signature thereon in approval by the fact that the voucher seemed in regular form l properly initiated.
 l On cross examination, Mir. Heath said he could not speak regarding the signing l of Machen's initials by Miss Liebhart, Machen's stenographer and chief clerk, I but he did recall having been informed 1 that she signed Machen's name. He was then led through long line of question ing, the fact being brought out that in Machens division subordfnates prepared certain papers for Machen's initials. | x1a. 1Ii nA admission of papers such as had been offered in evidence, saying the government had not even laid the foundation for Its charge | of conspiracy.
 Dependent Upon Evidence.
 He contended that the significance of these papers will be dependent upon the evidence which should precede them. It all was being done, he said. to confuse the mind of the jury and of the court. He | demanded that the government now pro duce its evidence of conspiracy to de- fraud so as to connect Machen with spe- cfic knowledge of the transactions re- ferred to- Counsel for each of the other defendants made a similar demand.
 The defense scored when the court de- cided that the evidence was not compe- tent at this time. The government" said Justice Pritchard, has 1t within It's power to bring this evidence within the rule. I do not think 1t has done so, and therefore, for the present will not permit 1t to introduce it.
 The effect of the decision Is that now l the government must prove its case. A I recess was taken.
 When court convened Mir. Heath, re- plying to questions by MT. Taggart, said 1 that the number of fasteners required would be determined by acquisitions of postmasters. The price, however, would be fixed in the department and would origin ate with the superintendent of the rural free delivery division.
 Matter of Routine.
 He admitted that on the face of some l of the documents shown him, the reduc- tion In the price of fasteners from N5 to $1 .25 each was a voluntary and spon- taneous act of Machen. Regarding the number of boxes needed. Mir Heath said 1t would be a matter of calculation by some clerk in the free delivery division and not necessarily by the superintendent.
 He then detailed the rapid growth or the rural free delivery service, and said he regarded Machen as very competent man.
 'IIe was the very father of the system, was he not?" MT. Douglas asked.
 "At least one of them, the witness replied. Mir Heath admitted that in view of the various duties of Machen that officer had the same right to rely on his subordinates as did the first as- sistant postmaster general on Machen. On redirect examination MT. Heath said that Machen did not have the right to establish the standard of an article or it's price without consultation with the first assistant postmaster general, or would any clerk have that right
 Originate With First Assistant.
 Having thus established standard MT. Heath said, replying to further question: ing, Any proposition involving new article equally as good and for less price would originate with the first assistant postmaster general and by him be brought to the notice of the superintend- ent of the free delivery. He added that he did not remember ever having any other device or any other proposition in volving fasteners brought to his atten- ton during his term of office.
 Being cross examined by MT. Douglass the witness said that had new fastener