Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-06-22
THE CRAWFORD CASE
Jury Brought Into Court
Again Today.
THE COURTS QUESTIONS
COUNSEL OBJECTS UNLESS NO
COUNTS HAVE BEEN AGREED ON.
Court Asks for Authorities and Thinks
It is Not the Proper
Practice.
THE COURTS QUESTIONS

Up to late hour this afternoon verdict
had not been reached in the case of William
G. Crawford. who was on trial for more
than four weeks on the charge of having
conspired with August W. Machen and
George E. Lorenz to defraud the United
States IN connection with contract for
supplying the Post Office Department with
letter carriers satchels and straps. The
jury retired shortly before O'Clock last
Tuesday afternoon to consider a verdict
court few minutes after o'clock yester-
day afternoon, having then been out nearly
twenty-four hours without result Foreman
John Shugrue asked permission to take to
the jury room the two contracts between
Lorenz and the Postal Device and Lock
Company. and requested further instruc-
uon regarding count number one Of the In
dlctment. The requests were granted
rurther, the court volunteered a statement
10 the effect that in the case Of a divided
Ju,y the minority should weigh we'll the
OPINIONS OF the majority. whether that ma
oor1ty be for conviction or acquittal
Today's Proceedings.
Soon after the opening of court this
morning Attorney Worthington, who was
present. was told to notify Crawford to ap-
pear, as 1t was the intention to summon
the jury Into court. The jurors filed In at
1927 o'clock.
Mr. Foreman. has the jury been able to
agree as yet?' the court inquired.
Your honor, the jury has not been able
TO agree. and am afraid, your honor that
1t is a hopeless case" Foreman Shugrue
replied 1t Is utterly impossible We have
oeen at 1t for forty hours now and it is ut
terIy impossible for this jury to agree"
snail submit two series Of questions to
the jury" the court then announced.
They are contained on separate sheets
one marked page ! and the other marked
page 2. and / shall ask the jury to answer
one or the other of these series of questions
from the evidence. You need not answer
both, but one.
THE first question Is, in the first SERIES
did Crawford agree with Lorenz and
Machen, or either of them, that portion
OF the proceeds received by Lorenz should
be paid to Machen? Then there is blank
space for the answer to be written In
Second, II yes. then did the parties to
the agreement intend to influence either
the award Of the contract for satchels or
the execution after 1t was awarded by the
payment of money to Machen?~ Then there
is a blank for the answer. The other
series Is this:
First, did Crawford agree with Machen
and Lorenz. or either of them, that Machen
should use his official position for the pur-
pose Of influencing either the award of the
satchel contract to the Postal Device and
Lock Company or the execution of such a
contract after 1t was awarded? There !s
a blank space here for the answer for that,
after you find 1t.
"If yes. then did the parties to the agree
ment agree that a portion of the proceeds
received by Lorenz should be paid to Ma
chen? There is a blank for the answer to
that.
Now understand, gentlemen, what 1
mean by this. There are two questions on
fyyn acti
that sheet. Now, from the evidence. an
swer, If you can, one or the other of all
the questions on one OF these sheets; not
on both of them"
MIR. Worthington's Exceptions.
Zone moment" Attorney Worthington
said at this point. will your honor ask
this jury If they are agreed upon any one
OF the three counts which have been SUBJ
mitted to them7''
No. not at this time," was the answer
Very We'll" Mr. Worthington. continu-
ing, said. ITO the submission of each Of
these questions to the jury the counsel
for the defendant objects, and excepts to
the action Of the court In oyerruling the
objection and allowing the questions to
be asked. This objection and exception
are made separately and severally to
each question.
I'm addition to that the counsel for the
defendant objects to the proceeding of
submitting questions to the jury in this
way and excerpts to the order of the court
oyerruling the objection.
Your honor said, in reference to my
inquiry as to whether you would ask the
jury if they had agreed upon q verdict
upon any one of the counts, that you
take any exception to 1t II your honor
contemplates that 1t may be done later
on II there is an occasion for it,
mo; ! have not contemplated It," the
Thought bout
it."
Il will reserve. then for the present pur-
poses. your honor. an exception to your
honor's refusal to ask the jury whether
they have agreed upon any of the three
counts submitted to them," Attorney
Worthington explained. Your honor will
see from what took place yesterday that It
Is quite possible that the jury may haze
agreed upon a verdict Of not guilty as to
the fifth and sixth counts and that they
are troubled only about the first; and l
think that In that case, of course, they
should render their verdict on the fifth
and sixth counts. 1t will be great hard
ship If this defendant should be called
upon to be tried over again on certain
counts when the jury has heard all the evil
dence and is satisfied that he Is not guilty
on them and Is ready to say so. do not
know that that is in their minds; only in
fer It from whst took place yesterday
II you have any authorities on that prop
osition you may submit them," the court
stated. 1T is point that never had
brought to my attention before"
THAT has been done here. your honor"
Attorney Worthington added. II do not
know that can recall the case"
Il do not know Of any authorities on the
point, and shall not SO decide that ques-
tion unless you produce some authorities TO
the effect that It is the proper practice"
the court decided IT do not think it is''
The jury again retired.
Contract for F1rritura Auord.d