Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-05-24
THE ARGUMENTS TODAY
ATTORNEYS SUM UP THE TEST
MoNY AND THE LAW.
District Attorney Opens for the Gov
eminent Side-Discussion of Pray
ers Concluded Today.


afternoon began the opening summing-up
address to the twelve men who are to pass
upon the question of the guilt or Innocence
of the accused. Mr.. Beach will be followed
late this afternoon by Attorney Hershey. of
counsel for the defense. When Mr.. Her.
shey concludes an adjournment will be
taken until 10 O'Clock tomorrow morning
at which time Attorney A. s. Worthington
will address the jury on behalf OF Gen.
Tyner and Mr.. Barrett The closing speech
has been assigned to Maj. Holmes Conrad,
special counsel for the government After
Mai Conrad has resumed his seat justice
Pritchard will deliver his charge to the
jury.
The session of the court yesterday after
noon was In progress until o'clock, but
the consideration of the prayers for IN
structions counsel desired the court 10
give the jury was not concluded at that
hour Therefore the discussion was re-
sumed this morning and continued until
neon. when a recess was taken until I'D
O'Clock.
The situation during the two hours of the
session this morning was a most compli-
Gated legal tangle.
Each proposed instruction met with pro-
nounced opposition, and the arguments that
followed did not seem to clear the muddle
Offense was taken by the prosecution be-
cause of an alleged assertion by the defense
that the governments counsel, not being
able to maintain the indictment, were en-
deavoring to convict the defendants in spite
OF this conclusion. Mai Conrad, after de-
olaring that Mr.. Worthingtons assertion
had no foundation in fact. remarked
II say, In the absence of the jury, that 1t
is my individual belief that they should be
convicted"
Attorney Worthington Explains.
In reply Attorney Worthington explained
that he had no intention of attacking the
good faith of the governments legal repre-
sentatives but believed that the latter were
making a big mistake. Throughout the dis
cussion each side continually attacked the
soundness of the reasoning on the other
side. hitch was caused by a proposed in
struction involving the question of the
power of the Postmaster General to dele
gate authority to his subordinates and his
power to suspend the operation of the law.
1t was finally decided that the jury will be
instructed that If the defendants reached
the conclusion in good faith that they had
the power to refrain from recommending
the issuing of fraud orders. even If their
conclusion was, in fact, erroneous, they
should not be held liable therefor.
Passing to another subject Major Conrad
read proposed instruction that had been
prepared by Assistant United States At
torney Keigwin.
81 object to that, emphatically" Attor-
ney Worthington announced
IF you have wit enough to frame an
objection to that. even in form. let US hear
Ii. Major Conrad suggested with sigh.
Psychological Problem.
This Is one OF those psychological prob
lens that nobody in the world would ever
have presented to a court. except my
learned brother Keigwin' Attorney Worth
ington remarked. causing laughter. This
instruction means that if the defendants did
the acts charged. even though such acts
were not improper. why convict them any
how?'
Mr.. Keigwins reply was:
'As much as l appreciate the compliment
I must disclaim any credit for the idea
that Is the basis of this instruction The
idea originated with one Francis Bacon, late
lord chancellor of the King of England. who
was accused of accepting brides. AS a de-
Tense he put In the pitiful plea that in his
whole career he had never decided case
improperly. Yet Lord Bacon has been de-
nounced a scoundrel. This instruction
simply means that these defendants may
have been guilty of misconduct In office,
although all OF the outward forms of the
law have been followed. For instance in
the case of district attorney, 1t often
becomes right and proper that nolle
prosequi should be entered in a certain
case. Although It is right and proper and
the case one in which such action by the
district attorney Is justifiable. the district
attorney is none the less guilty of miscon-
duct in office IL he should accept a hundred
or thousand dollars for taking such ac-
ton"
"One psychologist working on another
who Is dead" was Mr.. Worthington's hui
morous comment on Mr. Keigwin's refer
ence to the late Lord Bacon
Maj. Conrad's Exceptions.
Major Conrad took exception to one OF
the prayers offered by the defense on the
ground that IT was not warranted by any
nlipga In ha Ind h,,o
dence adduced at the trial. Mr. Worthngton
contended that counsel might argue these
things to the jury. but Major Conrad took
the view that the jury are not always in
huenced by the argument of counsel.
NO. Attorney Worthington remarked
pointedly, Il have known OF an attorney
for the prosecution telling jury that he
didn't think a man should be convicted
but nevertheless the jury rendered a YER
diet of guilty.
In the MISUNDERSTANDING trial in ex-
pressing the opinion that SamuaI A. Grofr,
one OF the defendants. should be acquitted
caused much merriment. in which Major
Conrad Joined heartily.
"A scarcity Of copies of the proposed in
strucuons caused some delay this morn
ing. but copies of all the Instructions as
granted. will be prepared later
General Tyner. accompanied by his wife
and his valet. was in his accustomed Mace
at the time the proceedings were resumed
this morning. Mr.. Barrett and his wife
and the ladies of her party were, as usual
In attendance The court room was we'll
hlled. particularly during the afternoon ses-
sion after the addresses to the Jury had
been begun.
Formal Motion by Defense.
At the opening of the afternoon session
the defense made a formal motion that the
court instruct the jury to render a verdict
OF not guilty. because of want of evidence
upon which to convict. II was explained
that the motion WAS submitted merely for
the purpose of gaining to the defense the
benefit of an exception to the ruling of the
court everything the motion. AS was ex-
pected Justice pritchard promptly declined
to gran. the motion. end that fact and the
hoting or the exception were entered In the
record.
After counsel lad agreed that each side
should have three hours for argument
United States Attorney Beach faced the
jury. He explained that he would en-
deavor to pick out the main points of i'm
portance from the great mass of documen-
tary and oral evidence that had been adj
duced. The speaker went on to say that
the jury had nothing whatever to do will
the matter of the punishment of the de-
PENDANTS should they be convicted
All you are called upon to do, gentle