Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-01-13

order to the Croft Bros, directing them to
ship to a Michigan box company 5000 letter
box fasteners, at 81 % each, and to send the
bill therefor to Mr.. Wynnes Office. The first
assistant postmaster general explained that
the letter embracing the order in question
originated in the Office of the general
perintendent of the free delivery system.
The witness added that in signing the order,
thereby assuming that the fasteners were
needed, he relied on Mr.. Machen.
The defense objected to the admission OF
the order in evidence, but the objection was
promptly overruled, and an exception was
noted.
Attorney Kumler made earnest objection
to the testimony of Mr.. Wynne, arguing
that the indictment embraces no averment
that the depa: tment relied on Mr.. Machen
in the manner indicated. Assistant United
States Attorney Taggert eontended to the
contrary. Justice Pritchard stopped what
promised to be an extended argument by
overruling the objectfn. Almost immedi-
ately thereafter objection was made to Mr..
Wynne's testimony on the ground that the
court should not permit the first assistant
postmaster general to testify regarding his
Interpretation of the law governing the
conduct of his office. The government re-
piled by SAYING that Mr.. Wynne certainly
knows the nature of the duties incumbent
upon his subordinates and that his state
mentS in relation thereto were clearly adj
MISSILE.
Attorney G. a. Douglass protested against
the government being allowed TO go out
side the Indictment" The ruling of the
court was against the defense
Mr.. Machen's Duties.
Continuing First Assistant Postmaster
General Wynne referred to the duties as
signed to Mir. Machen. He said: Mr.. Ma
chen would decide, for instance. whether
$500 or 10000 letter-box fasteners were
needed. l assumed that he had knowledge
of the price. l would not investigate such
matters unless a complaint was made or
scme question raised"
In regard TO that order for Croft fasten-
ers you know nothing of its import, and
in signing ii you relied on the initials there
Oh of Mr. Machen? Mr.. Wynne was asked
In objecting to Mr.. Wynne being permit
ted to answer the .uestion, Attorney Doug
lass explained tf-1 position of the defense
concerning the charges. He declared that
there is no allegation in the indictment
that the facts charged as constituting
fraud were unknown to the first assistant
postmaster general.
1t is alleged, said Mr.. Douglass, that al
though the Croft fasteners could have been
bought for - cents each, the government
paid $1.25 each for them. According to
Attorney Douglass, there is no allegation
in the Indictment that First Assistant
Postmaster General Wynne did not know
as much about that fact as did anybody
else
The court permitted the witness to an
swer the question, and an exception was
noted. MI. "Snne SdiO ne knew nOtnlnS
of the import of the order, and that he
relied on the fact that it had been initiated
| by MIR. MacEen.
The examination of Mr.. Wynne, in chief,
| closed at this point, and the usual midday
recess was taken.
Mr.. Wynne Cross-Examined.
| At the opening of the afternoon session
| the cross-examination of First Assistant
| Postmaster General Wynne was begun by
| Attorney G. n. Douglass. BY questioning it
was developed that prior to his appointment
| to the Post Office Department Mr.. Wynne
! had been a newspaper correspondent, and
| that the only knowledge of the postal SER
| vice he then possessed had been derived
| from his visits to the department In his
| newspaper capacity.
| The witness testified that when he as
| sumed the duties of his present office MIR.
! Masten was the chief clerk. At the sugges-
ton of the witness Mr.. Masten was trans
| ferred and Mr.. ]. j. Howley, whom Mr..
| Wynne had known for twelve or fifteen
years. was appointed chief clerk
| Attorney Douglass inquired regarding the
| qualifications of Mr.. Howley for the Office,
but the government objected on the ground
| that the matter was irrelevant. After ar
| gument the objection was sustained
| BY request of counsel for the defense
| Mr.. Wynne then explained the nature OF
| the duties of the general superintendent OF
| the free delivery system
| Mr.. Wynne, who imposed the duty on
| Mr.. Machen of deciding for you matters
| involving the expenditure of money! in
| quired Attorney Douglass.
Considerable wranglng followed. the de
| Tense insisting upon Il direct answer, and
| the Witness in the view of counsel not
| SO answering. In substance. MIR. Wynne
held that the duty referred to was imposed
on Mr.. Machen through the acceptance by
the witness of such decisions.
| The inquiry being pursued, Attorney
| Holmes Conrad objected. saying that the
| examination was into legal requirements.
| lone poor fellow who was the witness
| stand here Yesterday said Attorney Con-
| rad, was asked by the defense how he
| knew certain things regarding the conduct
of his Office, and then they insisted that he