Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-03-07

| AND MAJ. CONRAD
Continued from First Page.)
| not brought the leading post Office officials
who were best qualified to speak this
| feature of the charges.
Where is Mr.. Perry Heath7' be iIiquir-
/ ed. Has the government produced him
| to show that there was any influence or
procurement on the part of Mr.. Beayers?"
Interrupted by Major Conrad.
| Here Mr. Worthington was interrupted by
| Maj Conrad. who said that the government
| had not summoned Mr. Heath because OF
| the belief that ne would be subpoened by
/ the defense Mr. worthington replied that
| the defense sought to have Mr.. Heath
| summoned, but found that he had just left
| for Europe. As to former First Assistant
| Postmaster General Johnson. Maj. Conrad
/ said he would have been called, but the
| subpoena could not be served on him.
| AS to Mr.. Wynne,' Mr. Worthington
| said, 1.-The fact is here in evidence that
| when the case was about to be- reached Tor
| trial the government told him he could go
| back to London without testnyfng, and
| that he kept here by the subpoena
| OF the defendant. Then the government
| appears to have changed its mind and put
|
| Remarkng that he was sorry to speak
| severely of Mr. Wynne, but was compelled
| TO call the jury's attention to what ne
/ considered as bias and prejudice on the
| part of that witness, Mr.. Worthington then
| rehearsed that part of Mr.. Wynnes testi-
| mony which related to his conference with
| Beavers in reference to the agreement or
| the latter to plead guilty. The assertions OF
| Mr.. Worthington were questioned by Maj.
| Conrad. and an appeal made to the
! record
| Not Rehearsing Immateria1 Facts.
| MIR. Worthington said he was not making
any point of rehearsing immateriai facts.
| The salient point he wished to impress upon
| the jury was that former Postmaster Gen
| eral Wynne had represented himself as be-
! ing Endorsed by 'the highest authority In
| the land" In his attempt to induce George
| w. Beavers to plead guilty of the charges
| on which he indicted jointly with
| George E. Green. The testimony OF MT.
| Wynne showed. counsel declared, that Mr..
| Wynne told Beavers that il he came into
| court and entered plea of guilty in the
case about to be tried he would receive
| light sentence.
| In dismssing this feature Mr.. Worth
ington said: IF you think that that man
had no prejudice or wrong intent against
| my client then dismiss what l have said
| about his testimony"
| Counsel next took up the third propo-
| sition the proof of which was set forth as
| one of the prerequisites to verdict or
| guilty; that of the overt acts. He denied
that the government had done more than to
| offer general and untrustworthy testimony
| along this line. 1t was not of character
| he said to convince any reasonable set OF
men of the governments contentious
Committed in the District.
| AS to the fourth general point, that the
| government must show the conspiracy to
| have been entered into or the eleven overt
| acts to have been committed in the Dis
trict; Mr. Worthington said there was no
evidence TO prove this. He told the jury
! that no important. differences could be
drawn from the bare facts that Mr.. Green
| was shown to have been in Washington
| on two occasions in the period covered pS
| the Indictment.
| Instead of proceeding against Mr.. Green
| in New York the government, he SAID had
| dragged the defendant from the place
| where he lived from his friends and those
| whom he knew well and had brought him
| down here before strangers to place him on
| trial for his liberty before men that he ala
| not know.
| In review. Mr. Worthington reiterated the
| charge that the government had utterly
| failed to meet the essential points of the
! Indictment.
Referred to Good Reputation.
| After speaking for more than two hours
he closed shortly past noon by calling upon
| the Jury to remember the good character
| which the accused lad been shown to pos
sess The midday recess was then taken
| Associated with counsel for the defense
| is Attorney Frank S. O'Neil of Bingham
| ton, a neighbor and personal friend OF the
| accused Mr. ONei has not taken prom
| inent part In the trial. but has rendered
| general service to his colleagues. He is
| young man and an athlete, having oeen
| captain of the Columbia University spdse
| ball team in 1908.
Authority of Beavers.
81
Conrad took up that portion of the evil
dence relating to the power and authority
| of George w Beavers, chief of the d.
| vision of salaries and allowances in the
| matter of purchasing time-recording de-
| vices To refute the claim Of the defense
| that Beavers merely performed a perfume
tory service in indorsng orders for time
| clocks Mai Conrad read from the evidence
! of former Postmaster General Wynne to the
| effect that Beavers had absolute author
| ity in such matters. Other evidence along
| this line, counsel said, was furnished by
| the statement of John M. Masten. for
merly chief clerk In the office of the first
| assistant postmaster general
| This showed. counsel said, that the meth
| cd in purchasing time devices was that
| they were ordered under the name OF the
| first assistant postmaster general, but that
| the letters were all prepared In the division
| Of salaries and allowances, the determine
| ton of whether orders would issue resting
| with George w. Beavers
This is just to show the powers of Beav-
| ers and to show that my brothers on the
| other side have erred in telling you that
| Beavers was only clerk In the depart
| ment" Maj. Conrad added
Much Abused Witness.
| While referring to former Postmaster
| General Wynnes testimony. Maj Conrad
| took occasion to vigorously defend Mr.
| Wynne from the disparagements which,
counsel said. had been uttered against him
| by the defense. Maj. Conrad paid high
| tribute to the character and attachments
| of Mr.. Wynne, saying that the Interior mo-
| tives attributed to him by opposing coun-
| sci did not exist.
He referred to Mr.. Wynne as that much
abused witness" His presence on the Wit
/ ness stand Mai. Conrad asserted, was suf-
| ficient answer to the charge of the defense
! that the government had shown no inelin-
alton to bring into court those best qualined
to testify as to the powers of George w.
! Beavers.