The Washington times., 1906-03-05
GREEN WEAKENS
AS JUSTICE GOULD
DENIES MOTION
Shows Palpable Signs
of Bitter Disap-
pointment.
NERV0USLY MOPS BROW
Question as to Ownership
of Money Held to Be
Incidental.
NERV0USLY MOPS BROW

ilLlUEntdi.
The motion to direct a verdict OF not
suiIty' made BY the defense Ia the case
oi george + Green, charged with con
SpiFacy with George ", Beavers to de-
fraue the Government, was this morn.
ing overruled by Justice Gould, in Crtmi.
nal Court. No. /
! Green heard the reading Of ths de-
| cision with iH-concealed chagrin. Evi-
I oentiy he had expected a favora bic rui-
lns from the bench, and not until the
! jury was excluded, for the purpose Of
/ the reading OF the opinion. did his hopes
seem TO droop. While Justice Could was
reading his opinion. Green was palpsbly
nervous. He rubbed his face and neck
nerYousiy with handkerchief and gave
| ether indications OF disappointment
All the testimony in the case has been
submitted and this afternoon counsel
began the argument of prayers for in
struetions 20 the jury. These arguments
VIII consume the remainder of the af-
teTnoon and the jury has been relieved
until 10 O'Clock tomorrow morning. when
made.
The Courts Opinion.
The fuu opinion Of the court was a.
fellows:
AT the close of the Governments case
IN chief, counsel for defendant Green
have made a motion to direct a verdict
OF aeaui,tal- This is based upon two
propositions. First that the Indictment
AYERS that defendant Green agreed
with Beavers, in behalf OF the Inter
national Time Recording Company, thai
upon every time-recoFding device Of the
kind described thereafter ordered from
said company through the procurement
Of Beavers. the said International Time
Recording Company would pay to tbs
said George ". Beavers, a commission
of 10 Per cent OF the purchase price
| thereof.
Second, that the proof offered by the
Government tends TO establish nothing
more than that Green paid the afore-
said commission of 10 per cent TO
Beavers out Of his private funds. and
that this constitutes q failure Of the
Government 20 prove an essential alIer
cation Of the Indictment
''It should be borne in mind that tha
question involved is not whether the
money Beavers received as commission
was in fact the money of Green, or ths
money or the Time Recording Company.
or whether he received any money
whatever.
The defendant is indicted not for pay
ing Beavers money TO corrupt his official
action, but for agreeing 10 do so II
Beavers had never received q cent. he
and the defendant would oe guilty, nro-
vlded they agreed. on the one hand. that
Beavers should receive. and on the
other hand that Green should pay money
TO induce him 70 secure the purchase OF
the time clocks by the Postoffice De-
partment. and either did some act to
carry out that agreement
Payment Of Money Incidental.
"As far as the ALLEGED conspiracy is
concerned. the actual payment OF money
to Beavers is only important as furnish
ing fact from which. coupled with
other facts, the existence and terms OF
the unlawful agreement, IN pursuance
OF which 1t was paid. may be inferred.
NOW, the facts, IN this particular.
which the evidence tends 10 establish
are as follows: Beavers was an Official
OF the PostOfnce Department in q posi-
tion TO influence the purchase by that
department of the time-TecoTding de
wees Green was the president OF the
corporation manufacturing and selling
themi Beavers and Green were intimate
friends and had had some personal bust
ness transactions before the alleged con-
spiraeyi Green received a salary for his
services as president of the corporation.
the latter did an extensive business. of
which that transacted with the PosfOf-
Green received no commission on any
sales made by the corporation, excepting
those made to the POStOffce Depart
ment. for which. by the action of the
board of directors, which action does not
appear 10 have been made a matter OF
record, he was paid 10 per cent of the
amount Of such sales; settlement OF
these commissions was made with him
from time to time by the corpora ton; ia
several instances the amount of the
commission shown to have been paid
4
posted by him in a certain bank; few
days later exactly the same amount was
deposited by Beavers in bank and in n
few days the same amount was charged
to Green's account in his bank.
Contentious of Counsel.
From these facts, 1t is contended by
defendants 5 counsel that there can be
drawn only the inference that the agree
ment between Green and Beavers was
that the latter should receive the money
OF the corporation. 1 am unable to ac-
cept the conclusion It may DC argued
that Green's title to or property in this
money which passed through him, a s
through conduit, from the treasury
of the corporation To tire pockets OF
Beavers. without dimiuution or depIe-
ton, was under all the circumstances
tranSitory a character, to impress the
mind OF reasonable man. But 1t IL
not necessary 10 go so far. Assuming
that Green received this 10 per cent
commission from the corporation and
rnediately, considering the relative
locations of himself and Beavers, paid
the entire amount, even to odd cents, 10
Beavers, retaining no part of il for his
services, would not the inference of a
reasonable man De that the conspiracy
between Green and Beavers was that
Tor the iatter'S services, rendered sn Sc
curing the purchase by the Postoffice
Department of the machines of the cor
poration he was to be paid the cor
poration's money?
Would it not be unreasonable TO
infer from these circumstances that
Green agreed to use his own money 70