Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-03-05


| with all its opportunities, it has pro-
duced here but meagre and insignificant
documents but no proof. 1t has SHOWN
YOU a few weight slips which 1t obtained
from the postoffice at Watervlile and
which threw no light on the allegations
| of the Indictment.
Not only can the government throw
its agents into every postoffice in the
country and examine the mail In transit,
Int it can enter the publishing houses.
hold m the owners and practically say
to them: Your money or your Ire. Ii
ran threaten the owner as these inspec-
tors did. with the loss of the second class
privilege and It can compel him to open
his Mace of business and to allow these
inspectors the fullest and freest oppor-
tunity for investigation. And with this
power, which would make even the Car
of Russia blush with shame, they have
obtained this other class of exhibits, these
mailing reports and figures which they
hav. been presenting for several days.
With all the thousands of sacks gong out
from that publishing company they have
gathered but a few sacks of sample cop
les which did not bear the distinguishing
mark. And with these few sacks, which
they say did not bear the usual cross,
they will say to you that they are evil
dence to a deep laid plan to defraud.
Mr.. Philbrook said that he would
not attempt to juggle figures. but
would try to show to them the COM
mon ard essential facts in the case,
which he said, would disprove the al
lar of ~
He then discussed the witnesses for
the government, their testimony and
demeanor on the stand. Referring to
the testimony of Inspector Shaffer,
he said:
81 blush FOR shame for you. gentle
men, that an inspector should go on
the stand and ask you to believe that
these little French girls, who you
saw on the stand, would deliberately
make errors in the marking of sacks
two months before an Indictment was
found and before it was even thought
of, to give me the opportunity to ask
you d question. 1t was the most re-
markable proposition l ever heard in
my % years practice Of the law"
Mr.. Philbrook discussed briefly the
testimony III IcSdiu " Tic ttiiC9Cu II
regularities in the postoffice and con-
clude6 this portion of his argument
by saying that they are of no value
and are not to be considered unless 1t
can be conc!usively shown that they
were the result of a conspiracy.
In reference to the two overt acts,
which the government contends shows
the carrying into effect the terms of
conspiracy, Mr.. Philbrook said that
the government had failed to substan-
tiate it's allegations. The first overt
act, the government says, was the
transfer by Bosnian of several thou
sand pounds Of sample copies to the
account for regulars on April 90.
while the report of Mr.. Bosnian to the
assistant postmaster for that date does
not show any such transfer.
TT is true" he continued, that the
assistant postmaster says that he
crossed out the date, April q. and
substituted April 20, but if the assist
ant postmaster can change the reports
of Mr. Bosnian, what assurance have
we that he did not make other
changeS?"
Mr.. PhiIbrook made the same claim to
the other alleged overt act, on May
%. and said that if the government
could not prove its allegations any
nearer than that Il shall begin to
doubt whether Bosnian did any of these
things that he is charged with and
think that you. gentlemen of the jury,
will begin to believe it also"
Taking up the testimony in relation
to the investigation at the Publishing
House Mr., Philbrick said that the
building had been destroyed in January
1907, when everything was lost with
the exception of the stencils directing
wrappers and portions OF the press.
With Commentable energy, Mr.. Terry,
though nearly blind, set up his presses
at another building and began to get
out the February issue of his maya
zine. The business is disorganized, the
new quarters are not suitable, and with
the confusion which naturally results
in any business after a fire, was it
any wonder that a few mistakes were
made. The only wonder was he con-
tinued, that the mistakes were not
more frequently nor more serious.
The government from these few
mistakes, the mistake of leaving Off
the distinguishing cross on a few mail
sacks. is trying to convince you that a
great fraud was committed on the
government
He asked the jury to consider the
class of help employed in the publish
ing house and if they did not think that
it would have been pretty stiff prop
osition for Mr.. Terry to get up a con-
spiracy and have it go through.
THE government wants you to be-
lieve," he continued, that Mr.. Terry
said to Mr.. Bosnian, L am going 10
send you some sacks of sample copies
wronEfully labelled, as regulars and
want you to shove them through:
Then. Mr.. Terry was to go back TO those
girls. some of whom cannot speak
English, some merely frivolous girls
and others, stupid men who hardly
know enough to wind a clock and take
them into his scheme. Docs it seem
reasonable"
He was lead to believe from the
cross-eXamination of the witnesses for
the defence, he said that the govern
ment would try to show that there was
opportunity to change these tags after
- n