The Montgomery advertiser., 1904-02-28
MAXIMUM IS GIVEN
SENTENCE OF MACHEN. LoRENz
 AND D. B. CROFT.
Judge Decides He Can Afax Penalty Only on One Count-Two Years in Penitentary and
 $10,000 Fine.

Washington. Feb. H-August w Machen formerly General Superintendent of the free delivery postal service; Dr. George E. Lorenz of Toledo, O., once postmaster of that city, and Diller R. Groff of this city, all of whom were con victed of conspiracy against the Govern ment in connection with the supply of Groff fasteners to the Postoffice Depart ment today were sentenced by Justice Pritchard to two years Imprisonment in | the Moundsvllle (W. Va.) penitentiary and 1 a fine of $10,000 each. The defendants i'm media tely gave notice of appeal. to the Court of Appeals and were released on 900 bond each
 Samuel A Groff, as to whom Special l Counsel Conrad for the Government said some days ago that there was not suf' ficient evidence to convict was not sen | fenced, his motion for a new trial and | for arrest of judgment being allowed fur | ther consideration. His counsel were | given four days in which to prepare to argue the motions. The sentence imposed on the others is the maximum allowed under the law, al- though the court. contrary to the conten- tions of the prosecution, directed that the several counts in the indictment con- stituted but the one offense. The appeals to the upper court will be pressed as rap idly as possible. according to the defense, but months may elapse before the appeals can be heard
 The Government has not yet decided on It's next steps in the prosecution of the postal cases, in which there have been so many indictments returned but it IS not unlikely that the other indictments in which Machen is named. involving oth- CT offences than covered by the indict- ment on which he has already been con- victed. will be pressed for trial next
 There are approximately fourteen indictments against Machen, either sinRIv or jointly with others. and the Govern ment expects to bring him to trial on most of them. When the case in which the jury brought in It's verdict last night were called in the court today the de. fense moved a new trial, but asked that the case of Samuel A. Groff be separately considered. The court overruled the mo- tion save as to Samuel A. Groff. The de- fence then moved for arrest of Judgment in the case of Machen. Lorenz and DiIler Gron. This motion was promptly over ruled.
 Exceptions to the ruling on both mo- tons were noted and counsel argued the questions where the penalties under the twelve counts of the indiments should be cumulative or whether the various counts should be held to constitute one offense.
 The prosecution asked the imposition of the full penalty on each count, the ad- dition Of which on each indictment. it Is pointed out. would involve a little over twenty-tour years Imprisonment and n fine of Sl20,Oo0. The defense characterized this as an outrageous and absurd position arguing that as there had been but one offense alleged in the whole indictment the court had no power to Impose penaItv on more than one of the counts.
 Judge Pritchard stated he was satIsheS that the verdict of the Jury was correct but he did not know whether the Imnosi, tion of penalty in a single count would be heavy enough. He decided this ouaS- tion after recess. holding that be conId impose penalty under only one count The prisoners then stood m for se, tence. Machen Was first called whnn the court sentenced him to two vears, Imprisonment. the term to begin or o..s val at the penitentary, and SlO 00o gna Machen's eyes filled and he tra,,hios slightly as he resumed his seat Tba,, So clasped his hands and sat staring ahoas a of him as the two others were giron eau same sentences. Bonds for s20 noo r,.-e s'.s furnished by each of the three ner ..s the court then adjourned anu