Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-06-20
INSTRUCTIONS ASKED
Discussing Prayers in the
Green-Doremus Case.
JURY EXCUSED FOR THE DAY
Introduction of Testimony Concluded
Yesterday.
MOTION BY MIR. WORTHINGT0N
Urged That Government Be Required
to Elect Upon Which Indict-
ment It Would Rely.
JURY EXCUSED FOR THE DAY
MOTION BY MR.. WORTHINGT0N


the jury were made today before Justice
Gould In Criminal Court No. / In the case
of George e. Green and willard D. Dore-
mus. under indictments charging bribery
and conspiracy in connection with the sale
OF Doremus canceling machines to the Post
Ofice Department. Before the arguments
were begun counsel for the defense moved
to require the government to elect as be-
tween the two indictments for presenting
the case to the jury.
The court overruled the motion after 1t
had been discussed by counsel at some
length,
The Jury had been excused until 1 o'clock
this afternoon, but the consideration of in
structions being at that time unfinished, the
Jury was again excused. with the direction
to report tomorrow morning at 10 o'clock.
Motion by Mr.. Worthington.
Soon after court convened this morning
at Ii o'clock Attorney A. s. Worthington
of counsel for the defense moved to require
the government TO make an election as be-
tween the conspiracy indictment and the
bribery Indictment for presentation to the
Jury Mr. Worthngton said that the case
was unusual in so far as that aspect was
concerned and added that he had been I'M
able to discover any authority TO recite 10
Rued that the two charges were so intimate
ly connected that the oenses alleged were
practically identical Mr.. Worthington con-
tended that two indictments could not prop
erly go TO a jury when such state or az
fairs existed.
He said it would be a great injustice, In
tho event OF a conviction IN such case,
for the jury, after finding man guilty OF
bribery. to find him also guilty OF con-
spIracy to commit the bribery, thereby sub
jecting him to punishment both for the
completed and the included ofrense. MAI
Holmes Conrad, of counsel for the govern
ment argued that the statute which al
lowed the consolidation of the indictments
for the purposes of the trial contemplated
the continuance of the union until the
verdict. He claimed that there was no
reason for separating the indictments after
they had been duly consolidated.
IL ruling in favor of the government JUS
ties Gould held that the question for the
exercise OF the courts discretion was one
of identity He called attention to the fact
that the conspiracy indictment contained
more counts and covered more ground than
the bribery Indictment.
Following the ruling of the court against
requiring an election as between the two
indictments. arguments were begun on
prayers for instructions to the jury.
The following instructions for the govern
ment were granted:
First-The jury are instructed that IL they
find from the evidence. beyond reasonable
doubt. that George W. Beavers was super
intendent and general superintendent of
salaries and allowances in the Office OF the
first assistant postmaster general of the
Post Office Department, and that such
superintendent and general superintendent
he was charged with the consideration of
expenditures and allowances for miscel-
laneous items of supply. including canceling
machines for the use In United States post
offices, and that ii was Beavers duty to
carefully guard the interests of the United
States in making expenditures and allow
ances for and procuring such miscellaneous
supplies, and to obtain such supplies as
oheapiy as possible, and that 1t was Bea-
vers duty to faithfully and truthfuly ad-
wise his superior officers in matters which
pertained to his said duty; and II they fur
Their find from the evidence that the de-
PENDANT George e. Green was president and
agent, and that the defendant Willard D.
Doremus was vice president and agent of
the Doremus Machine Company, and that
the machine company was corporation
engaged In manufacturing and selling can
ceiling machines and that the defendants
Green and Doremus knew that Beavers was
such officer of the United States as afore-
said. and IL they further find from the evil
dence that Beavers while such superintend-
emit general superintendent. afore-
said, and that Green and Doremus. while
such officers and agents of the Doremus
Machine Company as aforesaid entered
into an agreement by which Green and
Dosemus, In behalf of the Doremus Ma
chine Company, promised and agreed with
Beavers that upon each and every cancel
ing machine then and thereafter ordered by
the Post Office Department from the Dore-
mus Machine Company through the pro-
curement and influence of Beavers while
Beavers continued to be such officer of the
Uaited States as aforesaid. the Doremus
Machine Company would pay to Beavers
for his own a commission of SIS: then
they are instructed that the defendants
Green and Doremus are guilty of conspiracy
TO defraud the United States. and they are
further instructed that II they find proved
hza.rp UH AZ,
the overt acts mentioned in the Indictment
No. 1881. then their verdict must be guilty
as indicted. or guilty on those counts OF
said indictment charging the overt acts
which they shall find proved
Second for Government
''Second-If the jury shall find. beyond
reasonable doubt. the facts set forth In the
governments first prayer. they are instruct
ed as matter OF law that II is immateriai
whether Beavers actually procured or in
fuenced the ordering by the Post Office
Department from the Doremus Machine
Company of any canceling machines, and
IL Is immaterial who actually ordered can
ceiling machines on behalf of the Post Office
Department, and whether Beavers had any
thing to do with the making of any contract
for the purchase OF such canceling machines;
and even II they should find that Beavers did
not procure or influence the order or pur-
chase OF any canceling machines by the
Post Office Department from the Doremus
Machine Company. yet IL they find that
Beavers and Green and Doremus entered
into the agreement described in the govern
ments first prayer. and that any overt act
charged In any count OF indictment No.
23a6l is established by the evidence beyond a
reasonable doubt. their verdict must be
guilty on such count charging the overt
acts which they shall find so established.
Third-The jury Is instructed that II II
find. from the evidence beyond reason
able doubt, that either OF the defendants
conspired with George w. Beavers as set
forth In the governments first prayer, and
that thereafter the other defendant learned
OF such conspiracy, and thereafter did any
act In pursuance OF such conspiracy or par
ticipated In the doing thereof, the last
mentioned defendant is equally guilty OF
conspiracy.
t.Fourth--The jury is instructed that evil
dence of statements made 10y any witnesses
out of court offered for the purpose of i'm
peachng such witness Is not to be consid-
cred as proving. tending to prove,
the truth of such statements but is only
TO be considered by the jury so far as in
their opinion such statements may affect
the eredibility of the witness for whose I'm
parchment the evidence was offered
Constitutional Objection
When the fifth prayer was presented by
49, Wy.