Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-02-23
THE OPENING ADDRESS.
Mr.. C. A. Douglass Begins Argument
for Defense in Post Office Inquiry.

| Mr. C. A. Douglass, counsel for the de-
Tense, began his argument Immediately
| upon til converting of the court by trac-
| ing the history of the trial by jury and
empna sizing the 'inalienate rights of the
| sovereign people" He characterized the law
| of evidence as 1.-The child of the parent
| jury" and explained that the jurors must
divorce from their own minds all sentiment
and prejudice, and abide by the facts as
proved. He placed great weight on the
value OF personal liberty and property
rights, and differentiated between the pre-
ponderance of evidence requisite IN civil
cases and proof beyond reasonable
doubt in each and every essential charge
in criminal cases.
"This." said Mr.. Douglass. ''is the chart
and compass of the defense
He concluded his address by making an
eloquent appeal for justice, which he de-
clared, in his own conscience and In all
sense of honesty must result in the ac-
quttal of the defendants.
Six General Propositions
In opening his argument Mr.. Douglass
said he intended to segregate his summing
up into six general propositions. He re-
ferred to the several prayers of both the
prosecution and the defense. and quoted
paragraphs which ne declared he would
either prove or disprove as the case may
require.
The first proposition to which Mr. Doug
lass addressed himself was the actual en-
istence of the oil properties in northwestern
Ohio, transactions concerning which form
the real basis of the defense of Machen and
his alleged co-consprat tors, 1t was stock
in the oil business that the defense declares
to be the consideration for the $4,000 noSe
on which Lorenz claims to have been max
ing payments to Machen.
within twenty-four hours after Judge
Kumler had announced the line of our de-
Tense the government had at least two post
office inspectors on the way to Toledo to
| find out whether we were telling the truth
or lying to you. "asaid Mr. Douglass.
IF the government ibid not do this it's
duty has been neglected. If the government
did send the inspeeterseit is deceiving you,
gentlemen OF the jury by not bringing
those inspectors to the witness stand to tell
you that our claim is absolutely true. Will
the government deny, that the value of
these oil properties on November 1, 1891,
exceeded &2120O02,
we Will admit more than that" re-
torted AR. Conrad special counsel for the
government. Therapeutics may be worth
mllllons for all know or care.
Then you viii admit the validity of the
Mr.. Douglass.
admit the value of the oil properties, but
not the validity of the consideration of the
note,"
Then the government will have to put
~, - S-er~ ~, "ii-fii II IehhSS tilc CioSlIfS
argument before this jury, said Mr. Doug
less and the colloquy was concluded
Alleged Transfer of Oil Interests.
In resurning the argument Mr.. Douglass
produced paper which purported TO be a
transfer of Oil interests from Machen to
Lorenz in 1889.
me counsel for the government has ad-
mitted the validity of this transfer
ne counsel admits the document is not
forgery. corrected Mr. Conrad
lou nave admitted the date and pllrport
OF the document" said Mr. Douglass.