Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-02-20

Worthington, of counsel for the defense.
was engaged in a case before the District
Court Of Appeals. 1t was almost noon,
therefore. before the proceedings began.
BY the time the first formal move In the
legal battle was made the court room con-
tanned a large audience. In addition to At
torneys Worthington and John NJ. Thurston,
for the defense, Attorney John 3. Stanch-
field of New York was introduced to the
court as associate counsel. United States
Attorney Baker appeared for the govern
ment. Associated with him are Mai. Holmes
Conrad, special counsel for the government
in the post office cases: Assistant United
States Attorney Stuart Mcnamara and As
sistant United States Attorney Harvey
Given.
Mr.. Baker called up the matter by maxi
ing a motion to have the indictments
charging conspiracy consolidated SO that
they might be disposed OF at the one trial.
Before this was passed upon Mr.. Worth
tngton asked the privilege Of making a for
NAL motion, which might appear the first
made in the proceedings. to quash the in
dictments on the same grounds as were set
forth in the pleas in abatement previously
filed by counsel and denied by the court.
These motions were overruled and excep-
tons were noted Counsel for the defense
then entered a demurrer similar TO tho one
presented IN the case of George W. Beay-
ers on the conspiracy charge.
Mr.. Worthington explained that two new
points were raised by this demurrer-one
that the term sold to the United States
was not contained in the charges, and the
other that the term ito defraud the United
States was so general that nobody could
know just what 1t meant. Justice Gould
remarked that he had considered and
passed upon the first point, and that he did
not consider the other Of any significance.
He therefore oyerrued the motion to which
exceptions were noted
Allegations Of Threats
At that juncture Mr.. Worthington read
ba Of w in, VIII nh,
charges that Beavers had been threatened
and persuaded to plead guilty were made.
The affidavit further averred that Beavers
had appeared in court the 18th instant and
had entered plea of guilty TO one indict-
ment charging conspiracy upon the strength
of certain representations alleged to have
been made to him by United States Attor-
ney Baker, or some other representative
of the government, TO the effect that the
government would not prosecute the other
charges against him IL he took that ac-
ton, and also on account, IT was alleged,
of threats that he would be prosecuted to
the extreme on all of the charges against
him If he failed to so plead
Maj. Conrad asked why the application
had not been made as soon as the alleged
facts first came into the possession OF the
defendant Mr. Worth!ngton said he was
not at liberty to answer that publicly. He,
however, walked over to Mai Conrad and
entered into whispered conversation.
Counsel for the government denied the
statements contained in the affidavit and,
as stated. the court overruled the motion.
The next step taken by Mr.. Worthington
was to move the court to abandon the
proceedings on the ground that the indict-
ment charging conspiracy had been passed
upon by federal court in New York state
and had been pronounced invalid. He in
formed the court that the indictment had
come into question before the New York
Judiciary in the habeas corpus proceed
ings instituted there. Justice Gould held
4-fs, e ~ V,.-fr
had no bearing on the case before the Dis
trict Supreme Court, and he therefore over
ruled the motion, exceptions being noted.
United States Attorney Baker moved for
a severance of the cases of Green and
Beavers in indictment No. q, ops in which
Beavers and Green are jointly charged with
conspiracy. The motion was opposed by
counsel for the defense, but was granted
by the court
Defendant Arraigned.
The defendant was then arraigned He
was called upon to plead to the charges
in both indictments alleging conspiracy.
The defendant waived the reading of both
true bills and answered in a clear. distinct
voice mot guilty" as to both.
United States Attorney Baker then In very
brief terms addressed the panel of Jurors
occupying the box, explaining what the
government expected to prove
The examination of talesmen was then
begun. In Questioning each person counsel
for the defense asked, among other things
rs your mind influenced by the fact that
George W. Beavers came into this court and
pleaded guilty TO the indictments" In near
ly every instance positive negative reply
was given
This business had been proceeaed with
for about a half hour when ,ae court took
a recess until 1:}0 o'clock this afternoon
The examination was resumed, and at
o'clock the regular panel had been ex-
hausted. The court directed the marshal
to summon twenty-five additional talesmen
to appear tomorrow morning at 10 clock.
was then taken for the day
1t is expected that a jury will be secured
in about a half hour after court opens to-
morrow morning
Mr.. Wynne for the Defense.
Just before adjournment was taken United |
States Attorney Baker announced that Mr..
Robert j. Wynne. consul general of the
United States at London, and formerly !
Postmaster General of the United States |
was present and was anxious to return to |
his post, and that in the governments view |
OF The case at this time il was not now |
necessary to tetain him witness. Mr.. |
Baker asked that MIR. Wynne be excused.
Attorney Worthington then announced |
that the defense desired to subpoena Mr.. I
Wynne as witness
Joseph T. Osborne, an actor of Boston. |
was killed yesterday by being accidentally |