Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-02-26

o'clock tomorrow morning He stated,
however, that he would hold himself in
readiness to return to the court house to
receive their verdict at any time up to 8
O'c clock tonight If by O'Clock, however,
they shall be unable to agree upon a ver-
dict, they will be locked up until tomorrow
morning.
An Unusual Request.
At the conclusion Of the judges charge at
II o'clock the jury retired, and at 1:43 they
sent a request to Justice Pritchard which. 1t
is conceded, stands without precedent in the
history of the court room.
Justice Pritchard sent for counsel Of both
the government and defense. When they
had assembled he said:
Gentlemen, 1 have most remarkable
and unusual request from the jury. They
want the account book of George e. Lorenz,
the note of SIS, 600 which Lorenz Is alleged
to have given Machen, all drafts, checks,
warrants and statements of each of the de-
PENDANTS, and the testimony of each of the
defendants. I do not understand that to be
the practice. If this jury is in doubt about
the testimony of any witness who may have
testified, / understand the law to be that
they could come in here and ask for instruc-
tions."
Mr.. Beach, United States district attorney,
speaking for the government, said:
Il think your honor is entirely correct but
in this case, so far as the government is
concerned, we have no objection to the re-
quest being granted
On behalf of the defense, Attorney Charles
A. Douglass said:
They can have anything they ask for
even the entire copy of the testimony
Justice Pritchard remarked that If the
jury were in doubt about the testimony of
any of the witnesses he would read it to
them, and he added:
''The request has gone away beyond any
thing / ever heard of in any court. This
would simply be retrial of the case In the
jury ROOM"
Justice Pritchard Addresses Jury.
The jury were then brought in and JUS
tice Pritchard said:
Il have your request, and have decided
to give you the note for $25,O00 and the
account book Of Lorenz 1t is not custom
ary to send evidence to the jury room.
The jury is presumed to have heard the
evidence and to have understood the same,
but If you are in doubt as to the evidence
of any witness who has testified, will be
glad to read that portion of it which may
refresh your minds. If you have any
doubt about the law-I cannot send the
law up to you-but If you will come here
I will gladly give you instruction about
the matter.
Juror Carl Petersen. foreman of the
jury, informed the court that there were
wanted cleared up. Juror West added that
they merely wanted the evidence in case
of a misunderstanding. He said. however,
that he thought they could get along
then requested copies of the statements
made by the defendants to the post office
inspectors, but this was denied by Justice
Pritchard, and the jury returned to their
room The general opinion is that the
verdict will not be returned until late this
evening.
No Verdict at / :55 P. M.
At 1:5O pm Justice Pritchard sent a
bailiff to the jury room to inquire whether
a verdict had been reached. The bailiff re-
ported the jury busy eating lunch.
THAT makes no difference" said Justice
Pritchard 60 back and get an answer"
At 1:55 the bailiff reported the jury had
reached no conclusion.
When the jury retired after the charge
by the court an order was issued confining
the defendants to the limits Of the court
house, pending the verdict.
At noon permission was given for them
to go out to luncheon They returned
shortly and remained at the court house
during the afternoon.
A few spectators also remained In the
court room during the afternoon, and the
Railways adjacent were crowded with attor-
neys and others interested in the outcome
of the famous case. Mr.. Machen stood
around, hands in his trousers pockets, ap
parently unconcerned.
Declines to Bet.
"What will you bet on the result?" he
was asked.
.'Wen, 1 won't bet" answered Mr.. Ma
chen, but have my own conclusion"
'What do you think?"
'T can't tell you.'' replied Mr.. Machen
.'but you see I don't look worried"
Mr. Mayer, Post Office inspector, was
asked what he thought the outcome would
be.
'T will say this" he replied, "in every
case have assisted in, in my twenty years
of experience, l have always won when a
personal attack has been made upon me
by the attorneys for the defense. This
may be an exception, but doubt It,"
At pm. Justice Pritchard announced
he would take recess until p m, with the
understanding that If verdict should
formed Immediately. Attorneys familiar
with the case expect a verdict late this
afternoon.
At 5 o'clock the court was advised that
the jury had not reached a verdict
The Judges Charge.
The last step in the trial of the alleged
postal fraud cases was taken this morning,
when Justice Pritchard delivered his charge
to the jury. Considering the length Of time
the proceedings have occupied, the charge
to the Jury was brief. Court convened at
1910 am. with the usual crowd of specta-
tors present. All defendants were on hand
early, accompanied by Mrs Machen. Mrs.
Lorenz, Machen's sister. mother. father
and brother. Counsel for the defense were
all present. and carefully followed the Judge
In his charge. The government was repre-
sented by only United States District At
torney Morgan H. Beach Maj. Conrad,
who concluded his argument at $50 o'clock
yesterday afternoon, remained away from
the court room. in order to rest from the
long strain under which he has worked.
Justice Pritchard concluded hts charge and
the reading of prayers at II o'clock
He said:
"Gentlemen of the jury: I congratulate
you upon the fact that we are nearing the
end Of trial which has required your at
tendance for an unusual length of time 1t
now becomes my duty to give you certain
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