Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-06-23
As to the Verdict.

them, guilty on one of the counts the jury
should return verdict of guilty as indict-
ed. In order to constitute the crime of con-
sptracy, the court said, 1t Is necessary 10
do more than enter into an agreement for
that purpose 1t Is necessary to commit
some specific act in furtherance of the
agreement. Referring to the bribery in
dictment, containing six counts, the court
called attention to the difference between
it and the conspiracy Indictment. While
the latter charged essentially only one
crime the former charged a separate Of
tense in each count, Justice Gould explain
ed. For that reason, the court said, the
jury might find the defendants. or either
of them guilty of one or six offenses un-
der the bribery Indictment.
Assumed All Responsibility.
The jury was instructed to take no cogni-
zance Of the question involved, the court
assuming all responsibility in that connec-
ton. The jury was further instructed that
the indictments were not to be regarded as
raising a presumption of guilt against the
defendants.
The court then took UP the written in
structions granted on the prayers of coun-
sci.
After reading the formal prayers Justice
Gould told the jury that 1t might find both
of the defendants guilty on one or both OF
the Indictments, or 1t might find only one
of the defendants guilty on one or both OF
the Indictments. In finally giving the case
to the jury the court expressed the assur-
ance that the verdict whatever that might
be- would express honest and intelligent
conviction. The jury retired at IL 30 O'Clock.
History of the Trial.
The trial began Monday, May %, before
Justice Gould, and proceeded without inter-
| ruption. The court even sat Fridays. usu-
ally motion day, in order to expedite the
proceedings
Prior to the opening OF the case the
bribery and the conspiracy indictments
against each defendant were consolidated.
| They went to the Jury in that form. the
| court having refused at the close of the
evidence to grant a motion of counsel for
| the defense to require the government to
elect as between the two for presentation to
| the jury.
Mr.. Green and Mr.. Doremus were placed
on trial jointly, and practically the same
| line of defense was followed in each case,
| though each was represented by separate
| counsel The case of Mr.. Green in the
hands of Attorneys John B. Stanchfield of
| New York and A. 8. Worthington of this
| city. Former Senator John NJ. Thurston
! appeared for Mr.. Doremus.
| The case of the government was In charge
| OF United States Attorney Baker, Maj
| Holmes Conrad of Virginia, special counsel
| for the government in the post office cases
! and Assistant United States Attorneys Stu
| art Mcnamara and Harvey Given. All of
| counsel for the defense delivered summing
| up arguments to the jury. The United
| States attorney and Maj. Conrad made the
| final presentation for the government. As
| sstant United States Attorney Given had
/ charge of papers and documents used in
| the evidence while to Assistant United
| States Attorney Mcnamara belongs the dis
| tinction of making the argument for the
( presentation on of the most important
| points Of law that arose In the whole
| course of the trial and on which the final
| ruling OF the court was in favor of the
| government.
| Taking of Testimony Closed.
The taking of testimony was closed last
| Tuesday evening. Wednesday the court was
| engaged all day with the consideration OF
prayers for instructions. Two days-Thurs-
| day and Friday-were consumed with the
presentation Of final arguments.
| Less than four months ago George E..
| Green was acquitted In the same court un-
| der an indictment charging conspiracy. The
trial in that case lasted about three weeks.
When the verdict was announced there
/ was a big demonstration In the court room,
| and Mr. Green. a day later, welcomed
home to Bnghamton with the most fiatter-
/ ing marks of public sympathy and esteem
| The result of the first trial. however, was
| a distinct disappointment TO counsel Tor
| the government so much so that the jury
| was sharply criticised. both by the United
| States attorney and Maj. Holmes Conrad
| The latter went so far as to express his
| structures in open court In the present trial
| during the consideration OF the prayers to
| the jury.
| Allegations of Indictments.
| The indictments which were filed In court
| October g. 1868, set forth that George w.
| Beavers was head OF the division of sal
| aries and allowances. Post Office Depart
| ment, from October 6. 1900. to March "A.
| 1903, and In such position was charged with
| special trust in guarding the interests OF
| the United States. 1t was further set out
| that 1t was his duty to superintend the pur-
| chase OF supplies for post offices. The con-
| spiracy indictment alleged that George E.
| Green, as president of Doremus Machine
| Company and Willard d. Doremus, as vice
| president of the company, entered
1 Into a fraudulent agreement with Beavers
| in Washington in October. 1900. In behalf
of the company. to the effect that upon each
Doremus machine ordered by the depart
ment through the procurement and influence
| of Beavers while an officer of the govern
ment the company would pay TO Beavers a
| commission of S25 for his own personal use
| ard benefit. The alleged overt acts on the
part of Beavers in pursuance Of the al
legged conspiracy were set forth, covering
the period from December 10. 1900, to De-
| cernber g. 1862. The indictment charging
other It was alleged that six payments
had been made TO Beavers.
Prominent in New York.
George f. Green has been prominent in
business and political affairs of the state
of New York for many years He has
| twice served as mayor of his home city OF
Binghaniton and has also served two terms
In the New York state senate. In 1900 he
| was elected to the senate by big majority
over his democratic opponent. and in 1907
ne had no opposition Taking an active
part In legislative deliberations he was ap-
/, pointed on several important committees
His prominence as legislator brought his
| name before the public probable can
| didate for governor.
| He has always been an enthusiastic re.
| publican. He served for some time as vice
president OF the Republican League Club
| of New York.
Mr. Green was born in 1858, and hai
spent most of his life in Binghamton Hi:
education was obtained In the common
schools. For years he has conducted large
| wholesale Goa, business In Binghamton
He is a Mason and member OF thu
| Knights of Pythias and several other fra
| ternai organizations