The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-01-19
P. O.INSPECTOR FACES
CHARGE IN MACHEN CASE

B going after witnesses. He wanted a
/ deputy marshal sent.
/ Justice Pritchard-I have so stated,
and don't want the inspector to disobey
the court again.
Cost of Fasteners.
&C. NJ Loughlin, an employee of the
| Wilmington Maneable Iron Company.
/ told OF the manufacture by the COM
pany OF Croft fasteners for ID. ID. Croft.
AT what rate were they paid for2'
asked Mr.. Taggart.
Il object" came from all the attor-
neys for the defense.
Mr.. Taggart: 1--WE want to show that
/ the company could sell them for 20
cents each, yet the Government was
charged SIPS for them. IL is necessary
to show this in order to sustain the
/ averments OF the Indictment This
/ avcrnent was that the cost Of the fas-
teners was only Is cents. and that the
Groffs were willing TO sell the fasteners
| TO the department for % cents, and
f, would have reaped a harvest at IS cents.
! Mr.. Taggart said he intended to show
hat 40 per cent of the SL25 paid for the
listeners did not remain with the
Groffs. but went to the other defen-
| iants.
Differs With Defense.
Judge Kumler read the patent law.
giving a patentee monopoly of his in
ventlon. He said that on that ground
there could be no conspiracy to charge
an excessive price.
Il am very much against you on THAI
proposition" said the court.
Bribery. and not conspiracy. should
be charged in the Indictment" persisted
Mr.. Kumler.
Suppose these articles had been put
on the market at low price. and these
people had conspired to charge the Gov
eminent higher price. Wouldn't that
be conspiracy said the court
mo. sir; it would be bribery. and W,
shall convince your honor before W,
are through" said Mr.. Kumler.
E. Scott Douglass argued that the
question Of cost should not come be
fore the court as ~ element of con
spiracy. There was no proof of the
amount of time. labor. and money ex-
pended in the original production of tbs
article. Evidence must first be brought
that Machen knew the original cost OF
the article. "A thing is worth as much
as the seller can get for it," he said.
Government Scores.
Mr. Kumler held that the question
was improper at this stage. All the de
PENDANTS were charged with knowing
the article could be purchased for Z
cents.
Justice Pritchard overruled the OBJ
lection and the jury which had retired
during the argument. was recalled.
Mr.. Loughlin was asked what the
charge to the Groffs was for the fast
; eners. He replied:
twenty-five cents for the complet,
fastener and 121k cents for half fast
e ener"
Raymond Keables. formerly with tn
= Wilmington MaIleable Iroa Company
= said the first charge for fasteners wai
: 20 cents each. then. later. the price wa'
. raised to . cents. with cents rebate
for prompt payment.
n Mr.. Beach wanted to excuse Mrs. II
L. Lorenz il Mr.. Kumler would admi
n Mrs. Martha Lorenz's presence in tin
city at certain times Mr.. Kumle
r. agreed.
Andrew NJ McBath. clerk in the offic,
Of the Auditor for the Postoffice Depart
ment. explained how the bills for tn
; fasteners went through the regular rou
tine for payment.
MI May e E4ONSMSulS.
Mr. Taggart-May Mr. Mayer go out
on an errand for the prosecution not
e connected with seeing a witness?
D Justice Pritchard-Mr. Mayer is an in
telligent gentleman and knows he should
= not talk to a witness.
Mr. Mayer-Your honor. when | went
5 out just now IT was to correct a bailif
who was TO call a witness whom / knew
I l I TaH
E or talked to any witness since the trial
began and ! do not believe anyone told
Judge Kumler 1 had.
Mr.. kumler--Well. now we want q
e chance TO prove our assertions.
T. Justice Pritchard-You shall have the
= chance. 1 shall be glad TO hear you
= both.
Calls for Proof.
J. Mr.. Mayer-Your honor. 1 have been
r conducting cases twenty years and
J know my duties as a Postoffice in
spector. ! shall be glad to answer any
affidavit or statement from these gentle
men at any time.
: Mr.. Kumler-we will get the proc
= and give IL 10 the court this afternoon.
= Mr.. Douglass-And good proof. too.
d Mr.. Beach-That's what we've want
ID you to do. since you made tn
: charge
n Justice Pritchard-I shall be glai
: to hear you. Proceed with the case.
Mr.. Mayer then left the court on nj
: errand, which was 10 find some paper
needed by the prosecution.
Mr.. Taggart read the orders. warrants
! and vouchers for the fourteen install
\ ments OF fasteners named in the indici
= ment
. Court then adjourned until 1:2o D. m.