Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-03-06

0fecH ana 6eaVeIS, DA&tE si1SSA sAf~
financial dealings between the two, az
shown by the checks. bank books and de-
posir slips offered in evidence
To show that no doubt could exist as 20
read the letter from Green to the then
first assistant postmaster general urging
the promotion of Beavers as my good
friend
The United States attorney. by reference
to the chart of tabulated financial transac-
tons. directed the minds of the Jurors
along the whole course OF the testtmeny'
1900, which were admitted by the court
for the purpose of showing the prior reia-
tons between Green and Beavers.
He discussed each of the alleged overt
acts. declaring that the defense had pro-
duced nothing-not scintiila of evidence
excepting good characterize answer the
array of facts and figures set forth In what
the government considered the ueauiy
parallel on the chart.
Eleven Overt Acts.
In the course of his presentation Mr..
Baker told the jury that while there were
eleven counts in the Indictment. charging
so many overt acts. there was but one
crime, that of conspiracy. to be considered
He concluded speaking at noon by calling
upon the jury to recognize the weighty
duty resting upon each man In the jury
box and expressing the conviction that the
solemn obligation would be well performed
formed.
Mr. John B. stanchield of counsel for
the defense followed the United States at
torney. In opening he referred to his per-
sonal friendship for the defendant. asking
the jury to consider with leniency any
seeming frregularity in his conduct In the
trial into which his feelings may have be-
trayed him. There are two classes OF evil
dence before the jury. he said, one class
outside the record and another inside the
record He was not at all solicitous as to
the evidence of the former category, put MS
concern and fear was that the other class
might work unjustifed harm to the de-
PENDANT.
He did not seek to wipe out the figures
arrayed, but he denied the differences al
legged by the government. Mr.. Stanchrelo
agreed with the United States attorney as
to the secrecy of crime, and especially that
Of conspiracy This very fact, he said, lent
strength to the defense, for he declared that
Green's transactions with Beavers had
taken place along the ordinary channels OF
business.
Importance of Letters.
Continuing his argument, Mr.. Stanchfield
denied that the government had substanti-
ated the Importance claimed for the letters
of the Post Office Department ordering
time-recording devices and bearing the In
itials "G W. B." All of the evidence along
this line, counsel declared, meant nothing
more than that Beavers performed per
Mr. Stanchffeld referred In rather caus-
tic terms to the testimony of former POST
master General Robert j. Wynne. Counsel
attributed bias and prejudice on the part
of Mr.. Wynne.
Each of the overt acts set forth in the In
dictment was discussed in detail by coun-
sci. Referring to the several checks, ne
asked how 1t could be known that these
rapers had not passed through other hands
in their transmission from Green to
Beavers.
Important Connecting Links.
The government, the speaker said. had
not attempted to furnish those important
connecting links, but had asked the jury to
strain at unreasonable and unlikely con-
illusions. Counsel said that the govern
ment, in its proof, had not measured up to
the Indictment which the defense was called
into court to answer. The government. he
declared, had not made case that the
defense was required to answer.
He closed with forceful appreciation OF
the testimony which had been offered to
prove the honesty, integrity and fair name
of the defendant.
Former Senator John NJ. Thurston then
addressed the fury. He was speaking at
late hour this afternoon. The final presen-
tation for the defense will be made tomor-
row morning by Attorney A s. Worthing-
ton The argument of the government VIII
be closed by Maj. Holmes Conrad
Charge Before the Jury.
PRAYERS for instructions to the jury In the
case of George E Green were considered
by Justice Gould until after o'clock yes
terday afternoon. Before the adjournment
counsel for the government elected to go
to the jury on the Indictment charging con-
spiracy to defraud the United States. The
commit an offense. will not be considered by
the fury When the matter was brought
up Justice Gould indicated the opinion that
Green could not be tried again on the last
counsel for the defense. gave notice that
at the proper time he would move to have
the indictment ouashed.
AS to the time to be allowed counsel for
no special limitation would be imposed,
only 1t was taken for granted that no I'M
reasonably long presentations would be
made and that neither side would make
more than two speeches
Instructions for Prosecution.
The court has granted the following in
structions prayed for by the government:
The Jury is instructed If they find from
the evidence beyond a reasonable doubt
that Beavers. as superintendent OF the divi-
sion of salaries and allowances. was charg-
ed by the postal regulations with consid-
Grafton of allowances for supplies, includ-
claims for the same. and was required to
exercise all possible care to guard the In
terests of the United States In making the
purchases as cheaply possible. and that
Green was president of the International
Company, which was selling clocks to the
postal department; that Green knew Beay-
ers and that Green did promise and agree
with Beavers, in behalf of the company, TO
pay him a commission of 10 per cent for all
clocks ordered through his procurement,
then the jury are instructed as a matter Of
law that the defendant Is guilty of co.,
spiracy to defraud the United States, and
their verdict shall be guilty as indicted, or
guilty on those counts where the overt acts
have been proven beyond a reasonable
doubt.
II the jury find Green was president of
the International Company. and it's agent.
and that Green agreed to pay Beavers 10
per cent and the agreement was made by
Green for the benefit of his company, the
jury are instructed that any promise and
agreement made by Green was In law the
promise and agreement of the company
Even IL the jury should be satisfied by the
evidence that the defendant and Beavers
entered into the conspiracy charged in the
indictment on trial. and that one or more
of the overt acts charged in the indictment
was committed by the defendant or by
Beavers In pursuance of such agreement
was entered into in the District Of Column