Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-03-05
COURT OvERRULES
MOTION TO lcQU|T
CONTINUED from First Page,

received a salary for his services as presl-
dent of the corporation; the latter did an
extensive business. of which that transacted
with the Post Office Department was but
small part. Green received no commission
on any sales made by the corporation. ex-
ceptinE those r.lade to the Post Office De-
paftment for which, by the action of the
board of directors (Which action does not
appear to have been made q matter of rec
ord). he was paid 10 per cent of such sales;
settlement of these commissions was made
with him from time to time by the cor
poration: In several instances the amount of
the commission shown 10 have been paid
over to him by the corporation was de-
posted by him in certain bank; few
days later exactly the same amount was
deposited by Beavers in bank; ard in a few
days the same amount was charged to
Green's account in his bank
Contention of Defense.
From these facts 1t is contended by de-
PENDANTS counsel that there can be drawn
only the Inference that the agreement be-
tween Green and Beavers was that the lat
ter should receive the money of the cor
pGration. l am unable to accept this con-
clusion 1t may well be argued that
Green's title to or property in this money
which passed through him as through a
conduit, from the treasury of the corpora
ton to the pockets of Beavers without
diminution or depletion, was, under all the
circumstances of the case, of too unsub-
stantial, too tentative character to i'm
press the mind of reasonable man. But
1t Is not necessary to go far.
Assuming that Green received this 10 per
cent commission from the corporation and
Immediately considering the relative loca-
tons of himself and Beavers) paid the
entire amount, even to odd cents. to
Beavers. retaining no part of it for his
services, could net the inference of rea-
sonable, man be that the conspiracy be-
tween Green and Beavers was that for
| the tattar'S services rendered in o.
| the purchase by the Post Office Depart
ment of the machines of this corporation he
was TO be paid the corporations money?
Would it not be unreasonable to infer from
these circumstances that Green agreed to
use his own money to brtbe official to
secure the sales of machines which be-
longed not to him. but to the corporation
or which he was president and from which
he was in receipt of salary not dependent
upon the sales made by the corporation
To Ascribe an Altruism.
To infer that Green agreed to pay Beav-
efs his own money to promote the business
of the corporation would he to ascribe to
him an altrusm which seldom attaches in
common experience of corporations
But it is unnecessary to discuss whether
the more reasonable inference from the
whole testimony Is that the alleged unlawful
agreement was that Beavers should receive
lireenS money or the money of the Time
Recording Company. If reasonable men ma
fairly differ upon the question as to which
is the proper inference from all the facts
the determination OF the matter is for the
jury IL Is only when the facts are such
that all reasonable men must draw the same
conclusion from them that verdict should
be directed by the court
From the proofs adduced by the gov
eminent, and assuming them to be true for
the purposes of this motion. 1t seems to me-
TO say the least, that reasona BILE men might
Justly infer that the agreement between
nd
should receive the reward of his official
corruption out of the proceeds which were
the product of the corruption.
The motion to direct a. verdict Of not
guilty is therefore, pyerrufed - -,
Exceptions to Ruling Waived.
4stathes conclusion Of the ENCOURAGEMENT
of the opinion Of fife Court Mr. Worth
ington of counsel, for the defense stated
that he would waive exceptions to the ruiz
ing in order to proceed with the examina-
ton of witnesses. Attorney A. A. Birney,
the legal representative of George w
Beavers, was the first witness called At
torney Baker objected to his giving any
testimony relating to the charge made by
the defense that Beavers had been induced
by the government, by threats and prom
ises, to plead guilty in order to prejudice
the court and jury against Green. The
United States attorney claimed that such
questions as Mr.. Worthington sought to
ask would. II answered. necesstate vio-
lation on the part of Mr. Birney of profess
Sional confidence.
This Mr.. Worthington vigorously denied
He informed the court that he sought to
show by Mr.. Birneys testimony the exist
ence of bias and prejudice in the evidence
of former Postmaster General Robert J.
Wynne. previously given in the trial.
Against Line Of Questions.
Justice Gould ruled against the line OF
questions Mr.. Worthington desired to ask
and Mr.. Birney was excused without fur
Their examination
The testimony of character witnesses"
was then begun.
Judge Nathan L. Miller, associate justice
of the supreme court of the state of New
York. whose home is in Portland, a town
forty miles from Binghamton the home
town of the defendant, was the first wits,
ness called to prove the good character of
the accused.
What can you say of the reputation OF
the defendant. Mr.. Stanchfield asked
His reputa ton has been that of the very
highest of the citizens Of our community
for the strictest honesty and integrity"
the witness said =
Under the cross-examination conducted by
NAL Conrad the point was raised by the
government that testimony respecting the
reputation of the defendant since the find
ing OF the indictments against him should
not be admitted. The court ruled in favor
of the contention.
Judge Miller. said he had known Mr.
Green very well for many years and had
never heard any one express the slightest
suspicion of the probity of the defendant
Well-Known in New York.
II should say that Senator Green was
the best known man in our section of the
state" the witness remarked He added
that Mr.. Green had been in public life for
many years, having served in several
prominent capacities in state affairs In
addition to being mayor of Binghamton
and a member of the state senate he had
served as member of the state canal COM
mission, having been appointed to that po-
sition by President Roosevelt when the
latter was governor of New York
Rev. DR.. John w. Phillips a clergyman
of Binghamton, had known Green for ten
years. during which time the witness had
| never heard anything but the most compli-
| mentary references to the defendant
Gen. Edward F. Jones. formerly leuten-
ant governor of New York had known Mr.
Green many years, and ha.. always heard
| him spoken of in the highest terms
Gen. Jones. who Is man of distinguished
and venerable appearance. suffers greatly
| from impairment Of vision. and 1t was nee
essary for an assistant to conduct him to
the witness-stand. He is in the seventy
1 nj al his n go