The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-01-18
A NET
AROUND MACHEN
- - -. -

n. Gilpin, q clerk in the Treasury Dc
Dortment. Colptr0ue-'s division. was
tie FIRST witness OF tne day in tax
Machcn trial lie identified Il letter au-
thcrizing Diller b Grom 90 sign tho
name OF the firm OF Gron Brothcrs. Mir.
fagsart had hsst read letter assiEn-
ms to D!ller b. C;ron one-haif Interest
in the Gro6 fastener. invented by sam
uel A. Croft.
Joseph Harper, notary. identified the
power of attorney as having been att
tested before him. liz was signed Sep
TENDER r. 1909
Major James z. Bell superintendent
81 city delivery in The Washington post
oiiicei was the next witness. He was ac-
Quaintod with both tho Grons he
iaentaed the Croft fastener and ex-
planned It's plan-to the jury. TIE old
plan consisted of two bands around the
ba& @hica caught in four holes In the
BAGS af ,7e post That was unsatisfac-
tory rs Use worlSmea could not see
what they were doing in attaching the
boN % the post. VITA the Grom plan
: 1hc formcr srcu0le was obviated. The
{ attachment on the box slid into the at
tachment on the post and the box be-
care automatically locked to the post
The old plan required two men in put
. TINS up boxes while but one was neces-
. sary in using the Croft fastener.
Inspected New Invention.
Boxes which were changed from the
old 20 the Gron fasteners were marred
by holes. but they were plugged with
Preparation Of rubber Witness first
saw tho GroG device at the home o.
Diner 3. Croft. 707 I Street. He went
-. Il
not remember but thought he must
have had some subsequent conversation
with the Grof1s about the fastener. He
Thought the frs conversation was in
The latter part o. 1898 and was under
the impression the artiaa was in process
81 being patented az that time
Isrof fasteners We're adopted as sup
plies. and the first installmcnts reached
MAJOR Bells Office about July l. 1895. The
witness knew some one was charged
With iiains the device on the posts. bus
di1 not know who made the contract
I3iA Office had no power TO make The
ccotract. as It would have TO be made
by the postoflce Department The only
record he could find was the authority
q pay for the devices. Major Bell iden-
ti1ed an order. signed in 1895 for the
Iaymeat for fasteners. The defense OBJ
jecfed TO its introduction on the ground
cf the statute Of limitation.
- Douglass States Objections.
Another objection to the paper was
made By Ir Douglass. The prosecution
lad not established even prima facie
existence of q conspiracy. Not a word
had been introduced to show the rela-
tlons between the parties.
svhen we have some evidence of an
overt act 1 VIII rifle on the question
OF the necessity for them proving
p-ima facie conspiracy before Offering
evidence Of further overt acts, said
Judge T'ritchard.
Mr. Bel then identified the order
again.
Il object to Mr.. Taggart leading the
witness" broke in Mr.. Maddox.
"Oh. he can't help il. he does it SO
often. said Mr.. Douglass in q sad
voice.
II am trying to help you gentlemen
in that respect as much as possible.
said Justice Pritchard. as he warned
Mr. Taggart to stop leading.
AIR Taggart. in the face Of these
gentle hints. then calmly read the pa
pers which had been identified but not
admitted. and got almost through them
an answer TO Justice Pritchard's ques-
tion about what the papers were.
NY friends conduct challenges ad- (
mirasion. said Alr. Douglass. "He
might as wen continue and read all the
pa pers."
INC Connection With Case"
alr. Douglass insisted that the orders
S dated before July 1. 1900. are
he statute Of limitations. lie
ever been proved yet that the /
re any connection with the
naming Of July 1, 1900. as the (
crime was the mere device 4
and the prosecution should 4
10 the time since then.
has been taken for week I
gord has vet been brought I
Machen's connection with /
we have shown conclusively /
4as--nt was al the head Of large
Office and daily signed letters about /
which he knew nothing. even as did .
his supericrs. who lodged the response 4
bility. The prosecution is trying the 4
case backward IL is beginning with I.
the Omega and ending with the Alpha. /
The offering Of the papers now. with /
the promise Of following them with sub
stantive evidence later is the mere trick
known TO al lawyers"
Mr.. Beach-The point was settled in 4
this very court twenty-three years ago,
and that VIII be enough.
Reads Wylie's Decision.
Mr.. Beach then read The decision Of 4
Justice Wylie. in the Star Route cases.
tn 1t was not bad law 20 allow the
overt act 20 be proved. and from that
the conspiracy
"our position" said Mr.. Beach. lis
hi: we do not purpose 20 show by
positive written proof that these people
made an agreement. We propose TO
show what each one did. and from that
SHOW that what they did do was not the
result % coincidence or chance but OF
an agreement"
Mr. Douglass suggested that the
papers be Identified and submitted later.
~Must Prove One Act"
Justice Pritchard-I suggest the Dis
.rict Attorney adopt tho plan Of the de-
Tense. In some jurisdictions it IS not
necessary 20 prove an overt act 10 corn
Dlete the crime of conspiracy. but III
his case we are proceeding under a
'uiing that Il Is necessary. 1 will be
Wiling 70 hear argument later
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