Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-03-05
Attracted Large Crowd.

1IIpOIA AdDl DtdilHS oii tiic 4SSucf "dS W DS
rendered this morning attracted an unusu-
ally large crowd TO the room of Criminal
Court No. l.
The defendant. accompanied by his at
tOrneys, was In court several minutes be-
fore the usual hour of opening. He was
much paler than usual seeming to show
tVio ence of A strain in anticipation of
turn in the trial which on the one hand
would mean acquittal but on the other
would necesstate a continuance of the
legal struggle Many faces strange to the
local court were seen in court before the
hour of beginning the proceedings. These
were the witnesses who had tourneyed here
from Binghamton 10 testify as TO tn egood
character of the accused.
out-of-Town Witnesses
Among the visitors were the following:
Justices Nathan l.. Miller and George
F. Lyon of the state supreme court OF
New York. Judge c. f. Martin of the New
York state court of appeals Mayor Hiram
H Woodburn. former Mayor George Y
Bayiess. former Lieut. Gov. Edward F.
Jones, Assemblyman James F. Rogers;
former President OF the Common Council
Clarence NJ. Siauson. Aldermen Joseph
Bromley and Charles s Wales, City Clerk
DE Witt G. Herrick, Rev Father j. '. SIM
mons, Rev pr. j. W. Phillips. 9 Wllliam Nat,a,ai u
Bank: Col George f. O'Neiil. Carroll F.
Reynolds Il. c. Delavan. George Fowler
r Newell. Gilbert and G. Tracy Rogers,
the latter the president OF the Blnghamton
Railway Company.
Counsel for Green this morning, after the
motion to take the case from the jury had
been overruled attacked the jurisdiction OF
the District Supreme Court as TO one or the
indictments. on the ground that 1t had been
declared invalid by federal court In New
York, where IL was considered on habeas
corpus proceedings. The court overruled
the motion TO which action exceptions were
noted.
Ruling on the Motion.
In ruling on the motion Justice Gould
announced the following opinion; AT the
close of the governments case in chief
counsel for the defendant Green have
made a motion to direct a verdict of ac-
quittal. This is based upon two proposi-
tons First. the indictment AYERS that
the defendant Green agreed with Beavers
in behalf of the International Time Re
rording Company that upon every time
recording device of the kind described
thereafter ordered from the company
through the procurement of Beavers the
Internal tiOnal Time Recording Company
would pay to the said George Beavers n
commission of 10 per cent of the pur
chase price thereof. Second, that the
proof offered by the government tends to
establish nothing more than that Green
paid the aforesaid commission of 10 per
cent to Beavers out of his private funds
and that this constitutes a failure of the
government to prove an essential allega-
tion of the Indictment
1T should be borne In mind that the
question involved rs not whether the money
Beavers received as commission was in
fact the money II Green. or the money of
the time recording company, or whether
he received any money whatever. The de-
Tended is indicted not for paying Beavers
money To corrupt his official action, but
for agreeing To do so, IL Beavers had
never received cent he and the defendant
would be guilty. provided they agreed on
the hand that Beavers should receive
and on the other hand that Green should
pay money to induce him To secure the
purchase of the time clocks by the Post
Office Department. and either did some act
to carry out that agreement
Actual Payment of Money.
AS far rs the alleged conspiracy is con-
cerned. the actual payment of money to
Beavers is only Important as furnishing a
fact from which. coupled with other facts.
the existence and terms of the unlawful
agreement in pursuance of which it was
paid, may be inferred. Now the facts in
this particular. which the evidence tends
to establish, are as follows: Beavers was
fNonfinued an Secopd Paval