The Washington times., 1904-02-15
PLEAS PRESENTED
IN MACHEN TRIAL
Argument Over Instruc-
tiOns of the Jury.
PROSECUTIONS 10 PRAYERS
Court and Counsel Indulge in Discus
sion Over Theory of Hypo-
thetical Innocence.

Consideration of prayers for the prose
cution was resumed this morning in the
Postoffice trials. One OF the sixteen
prayers for the prosecution remained.
Justice Pritchard first read TO the at
torneys his rough notes OF the part OF
his charge to the jury regarding the
statements made by Machen. Lorenz.
and the Groffs to the inspectors. 1t was
In effect THAI the jury should consider
each statement only In regard to the
guilt OF the person making 1t, and ii was
accepted by both sides. The short state
ment OF Justice Pritchard included the
substance of one prayer Tor the prosecu-
ton and two for the defense.
A Reasonable Doubt.
In speaking of reasonable doubt. Jus
tice Pritchard said:
Il Will charge the jury that it should
not conJure up imaginary doubts TO
avoid the performance Of a disagreeable
duty
If the jury can see any hypothesis or
theory inconsistent with the guilt Of the
defendants. then they should bring in a
verdict Of not guilty.
Mr.. Keigwin insisted that in every
criminal trial a hypothesis could be for
Tense and the innocence of the accused.
An Imaginary Hypothesis
Justice Pritchard said he would warn
the jury that IT must not be confused by
an imaginary hypothesis. Mr. Conrad
said any hypothesis Of innocence must
be consistent with the facts in the case.
Mr.. Syne. who pi esented the prayers
for the defense, secured the admission
of one in which the jury will be told that
Lorenz had the right to pay money to
Machen. even though Machen knew the
money came from the Croft fasteners,
provided Machen's official actions were
not Influenced thereby and the jury be-
lieved that the payments from Lorenz
TO Machen were bona fide.
Objects to Plea.
Mr.. Keigwin objected to the ninth
prayer. IN which the defense claimed
that Machen had performed his public
duties in an entirely satisfactory man
ner. Mr.. Keigwin said It was a repe-
tition of the presumption OF innocence
prayers.
Mr.. Syme-Mr. Keigwin, in the Ian
guage OF the poet. can split a hair be-
tween south and southwest side, and he
has, in regard to previous prayers. dis
cussed the nebular hypothesis. the the
CRY OF heat. and
Justice Pritchard-I am afraid YOU
gentlemen viii confuse the court.
am glad to hear you. M Syme, but
don't wander into the realms Of science
The eleventh prayer for the defense
asked that the jury consider the schema
of fraud only in relation to the exces-
sive price for the fasteners. and that
the number of fasteners ordered should
not be considered. Justice Pritchard
said he thought the number of fasten-
ers was a circumstance throwing hght
on the case. The prayer was refused.
Asked to Acquit.
The thirteenth prayer asked the jury
to acQuit all the defendants IL il were
found that the Groffs did not offer the
fastener for IS cents, and that 1.25 was
not an excessive price. This prayer was
promptly refused.
The fifteenth prayer OF the defense
instructed the jury that the oil deal
ings between Machen and LOrenz and
between Machen and Ferdinand Lorenz
could be considered in determining the
good faith OF the note for s25. 600 be-
tween Machen and George r. Lorenz.
Just before recess was taken Mr.. Syme
read n prayer in which the justice was
requested 10 instruct the Jury to ac-
quit on the ground that the conspiracy.
If il existed was contaminated in lSy5
which placed II beyond the three-year
limit OF the statute OF limitations, and
that all acts subsequent to that time
were but I'm fuinllment OF the-conspiracy
entered into eight years before the re-
turn OF the Indictment
Court then adjourned until 100 o clock.