Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-02-26
AWAITING THE VERDICT
tcontinued from First Page)

instructions with respect 10 Tie law dpptt-
tanning to this case. and In doing SO shall
endeayor to tie as brief as possible.
THE defendants named in the indictment
are charged with the crime of conspiracy,
the first count of which reads as follows:
That on the twenty-ninth day of june
in the year of our Lord. one thousand nine
hundred. and at the District aforesaid, the
said George z. Lorenz. Martha j. Lorenz.
August W. Machen. Diller B. GroH ana
Samuel A. Croft. unlawfully did conspire
combine. confederate and agree together.
to defraud the said United States of its
money. in the dishonest manner ana
through and by me ms of the dishonest
scheme and arrange nent following that Is
to say, that he, the id August w. Machen,
should by and through advice to be given
and recommendation to be made in that
behalf to the said first assistant postmaster
general by him., the seid August w. Ma
chen. as such sIIDerint endent procure and
be instrumental in procuring. SO far as in
him the power lay. the purchase by the
said Post Department from the said
Diller b. Croft nd Samuel A. Croft. part
such complete fasteners and half fasteners,
of the kind so known as Croft fasteners.
for the use azores aid. at the price of one
dollar and twenty-five cents for each of
such complete fasteners. and at the price
of one dollar and twenty-i cents for. each
two of such half fasteners: and should in
like manner as such superintendent procure
and be instrumental in procuring payment
by the said United States to them. the said
Diller B. Grcff and Samuel A. Croft, part
ners as aforesaid for such complete fasten-
ers and half fasteners last aforesaid at
the prices respectively. last aforesaid; and
that upon such procuring by him the said
August W. Machen. as last aforesaid. of
such purchase last aforesaid. to be made.
and upon such procuring by him. the said
August w. Machen as last aforesaid. of
such payment last aforesaid to be made,
and in consideration thereof. they. the said
Dller b. Croft and Samuel A. Croft, part
ners as aforesaid should retain and keep
for the use of them. the said Diller B. Croft
and Samuel A. Croft. partners as aforesaid.
a certain proportion only of such payment
last aforesaid. to wit: Sixty per centum
thereof. being at the rate of seventy five
cents for each such complete fastener. and
at the rate of seventy-five cents for each
two of such half fasteners last aforesaid.
so purchased by the said United States, and
should pay to the said George e. Lorenz
and Martha j. Lorenz. or to one or the
other of them to be converted. appropriate
ed and applied to the use of Them the said
George E. Lorenz Martha J. Lorenz and
August w. Machen. a certain proportion,
to wit: Forty per centum of any such pay
ment last aforesaid. made by the said
United States and being at the rate of
fifty cents for each of such complete fast
eners and of fifty cents for each two of
such half fasteners last aforesaid, so pur-
chased by the said United States
Differ Only as to Dates.
There are twelve counts in the indict-
ment, and the only difference is as to dates.
That is to say, each count contains the
same allegations except as to the date upon
which the offense is alleged to have been
committed
THE defendants named in the indictment
are charged with the crime of conspiracy to
defraud the United States, as will be OBJ
served by reading the count to which I
have just called attention.
They are presumed to be innocent and
that presumption amounts to evidence in
troduced in their behalf, and remains with
them until you are satisfied by evidence
that convinces you beyond reasonable
doubt as to their guilt.
1t is incumbent upon the government to
prove the allegations contained in the in
dictment by evidence sufficient to satisfy
you as to their guilt beyond a reasonable
doubt.
"A reasonable doubt does not mean
every doubt that may fit through your
minds in the consideration of this case but
a doubt for which you could give reason
If called upon to do 50. You are not to be
satisfied beyond a possibility of a doubt,
but beyond a reasonable doubt-not a doubt
that a juror might suggest in order to
avoid the responsibility of rendering a dis
agreeable verdict, but doubt arising natu-
rally out of the circumstances presented
for your consideration and such by which
one would be Influenced in a matter of
concern to himself after a careful consid-
Grafton of all the circumstances presented
TO him.
IF. after carefully considering the evil
dence, and the law as the court shall give
IT to you. you find doubt which leaves
your minds unsatisfied that will be a doubt
TO which the defendants are entitled to the
Deneht; but they are not entitled to the
benefit of any doubts which may not have
a reasonable foundation in the evidence and
in the circumstances of the case
Jury the Sole Judge of Fact.
You are the sole judges of all questions
of fact. and in this respect the court cannot
be of any any aid to you. 1t is for you to
say as to the weight which you may give
TO the evidence of any witness who may
have testified during the progress of this
trial. and in passing upon the question as
TO the credibility of the different witnesses
you should weigh carefully every fact and
circumstance In connection with the evil
dence which has been submitted to Won for
consideration. You have had an opportuni-
" OF OBSERVING the conduct of the witnesses
Whiie on the witness stand, as we'll as the
interest which any witness may have had
IN the transaction about which he may have
testified, and these are matters which
should be considered by you in determining
the question as to the amount of weight
that you are to give the evidence of any
witness who may have been introduced
either by the government or the defense
1t Is your duty to arrive at a conclusion
IN considering the facts and circumsta noes
or TINS case the same as you would come
10 conclusion upon any other set of facts
IN me- There Is no technical rule which
prevents you from applying to them the
same rule OF common sense that YOU would
apply to any other subject that might come
under your consideration.
III, therefore, after an IMPARTIAL consid-
Grafton OF all the evidence, you can can
oidly say that you are not satisfied with
the defendants guilt you have a reason
able doubt; but If, after such impartial
consideration of all the evidence. YOU can
eruthtulIy say that you have an abiding
convection of the defendants guilt vos,
have no reasonable doubt, and II will be
your duty to return verdict of guilty.
Provisions of the Statute.
The defendants are indicted under sec
tion oi4o OF the Revised Statutes of the
United States. which provides:
III two or more persons conspire
either to commit any offense against the
United States or to defraud the United
States in any way or for any purpose. and
one or more OF such parties do any act
to effect the object of the conspiracy. all
the parties to such conspiracy shall be
liable