The Washington times., 1904-01-22

Victory fer the defense In excluding
the transcript of the accounts OF the
Westminster Bank. which showed that
Machen had an income Of $4,000 per
year on a salary Of S.. SOC. marked the
tenth day Of the trial OF A w Maehen,
the Gron brothers. and Mr.. and Mrs.
George E. Lorenz on the charge of hav-
ing conspired TO sell the Government
Croft fasteners at an excessive rate.
The transcript was offered yesterday
afternoon by Mr.. Taggart. for the pros
ecution, as a matter of convenience to
the jury in tracing the payments by
the Lorenzes to Machen OF money which
1t is alleged the LOrenzes =scef- ed as
commissions on the sales of the fast
eners TO the Postoffice Department.
Strong objection was made to the tran
script, en- the ground that it contained
items which had nothing to do with
the case.
Conrad Startled Court.
Mr. Tagsart argued for its admission
on the gronnd that il had been agreed
TO by counsel and seemed destined to
carry his point when Mr.. Conrad. for
the Government. arose and made a
speech. He said he saw strong rea-
son for the admission of the transcript.
as by it could be shown that Machen,
by the exercise of strict economy"
had an income Of $4,000 out of his sal
airy of $500.
The surprise Of the defense at this an
nouncement of the intended use OF the
transcript was greater than that Of
Mr.. TagSart. who seems not to have
considered the matter in that light or
with that intention. Mr.. Douglass made
II af,,-~
dence as 1t was proposed TO be utilized
by ir. Conrad. and was followed by Mr.
KurIer. They argued that II the con-
tention OF the prosecution were accept
ed Machen would be presumed guilty
ar would have TO explain every trans
action and every dollar he received in
his whole business career Of twenty
years. whether made by real estate
speculation. betting on dog fights. or IN
heriiaEce from rich uncles."
Pritchard Instructs Jury.
Mr. Maddox made a few remarks on
the same subject this morning. Justice
Pritchard decided that the transcript
was admissible TO show the transac ions
between the Lorenzes and Machen. but
that under no conditions was il TO be
considered In the light Of showing
Machen's income or how he had Jared
otherwise than I'm respect to the Gron
fasteners. He strictly admonished the
jury TO pay no attention to the state
ments of Mr.. Conrad yesterday in deter
mining upon a verdict.
Mr.. Conrad practically admitted that
he had done the wrong thing. and after
a motion By the defense to strike his re-
marks from the record had been denied,
asked the court to grant the motion. He
said he was afraid the remarks might
prejudice the jury.
Showed Governments Hand
Mr.. Conrad's expose yesterday of the
manner in which ne would use the
transcript was a remarkable revelation
of the hand of the prosecution, and at
toTneys in the courtroom said they had
never seen more remarkable case of
the kind.
An incident of the trial this morning
was testimony that 1850 Groff fasteners
were sent to Chicago in 1896 and only
500 of them were used. The remainder
were stored in the cellar and subse-
Quently sent to other offices.
Justice Pritchard is suffering with
rheumatism. and was an hour late this
morning. At the close of the morning
session. District Attorney Beach asked
that the jury be dismissed until Mon