Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-02-26

Portland, Me, Fe6. 25.-Judge Hale
in the United States district court this
morning overruled the demurrer filed
by the defence in the. case of the Unit
ed States against George Fred Terry,
president of the Sawyer Publishing Co.
of Waterville, and Harry w Bosnian,
clerk in the postoffice Of the same city
against the Indictment found by the
grand jury at this term of court, and
which demurrer was argued yesterday
afternoon. George Z. Bird, one of the
counsel for the respondents, tok ex-
ceptions and the case Immediately
| went to trial.
The counsel for the respondents are
George Z. Bird of Portland, Warren C.
PhilbroCk of Waterville, assistant at
torney general, and Lucius Vein
schenck of New York City and the
government is represented by United
States District Attorney Robert T.
Wnitchouse and his assistant, Arthur
Chapman.
After the jury had been drawn, Dis
trict Attorney Whitehouse began his
opening address to the jury. After re-
viewing the law and the elements of
conspiracy, Mr. WhitehOuSe took up
| the discussion of the evidence which
he intended to present. He said that
he would show that Bosnian had made
a confession to postoffice inspectors in
Portland ON Dec. 10, at which time Mr..
Bosnian admitted that he had falsified
| no, atrrtf Of ha nj nd h
scription copies of Sawyers Magazine
Mr.. Bosnian, he said. made the cona
fe;son of his own initiative and with
out urging on the part of the inspec-
tors. The inspectors would testify, he
said, that Bosnian told them that the
reason he had falsified the returns was
because he had bought house in 1905
| giving a mortgage and notes. which
notes he had not met Mr. Terry had
aided him to carry them and he also
| expected NJ. Terry, as one of the most
influential men in the city. to help
him along in the postoftice department.
| The examination of the mailing lists
| and reports of the circulation manager
in the Sawyer Publishing Co, he said,
u would show that while the manage
ment of the company claimed a sub
scription circulation of more than 600.-
900. the examination showed that it
was more than $4,000 less than that.
During the months of March. April
and May of 1907, the inspectors would
testify, he said, that they found that
6SS.2G0 excess copies of the magazine
had been mailed and were falsely la
belled as subscription copies. in order
to bring the entire circulation within
the limits of the regulations of the
| postoifice department and that this
false record of the excess copies de-
frauded the government Of $6SS2.
He would show, he said that this
was done to deceive the postoffice de-
partmcnt and to enable the publica-
ton to retain its second classification
and enjoy the low rates. without which
it could not exist. He would show. he
said. that the publication was designed
primarily as an advertising sheet,
without a legitimate circulation and
circulated merely at a nominal sub
scription price of Is cents year. Mr.
| Whitehouse closed his address at 1890
at which time the court adjourned in
til afternoon when Forest b. White
house. clerk in the postof1ice at Wat
erville, took the stand.
Judge Hale came in at 10 o'clock
sharp. The attorneys for the defence
and State were already on hand Mr.
and Mrs. Terry and Mr. and Mrs
| Bosnian sat in the witness seats but
after Judge Hale had announced that
| he had overruled the demurrer and
Mr. Bird had taken an exception, the
respondents were given seats beside
|
reading of the Indictment was waived
and both respondents pleaded not
! guilty.
A drawn jury was called for by the
defence. Prior to the examination Of
| the talesmen. Judge Hale excused Otis
C. Proctor, Kennebunk, on account of
| illness in his family, Frederick p Hall
Kennebunk, VINO was more than 20
years of age and Ernest Z. Elliott of
| South Portland, who is, q customs in
| spector
| The first talesman called was
| Michael H. King of Saco and he was
peremptorily challenged by the State
| The other talesmen were examined by
Mr.. Whitehouse as they were called
| The next three talcsmen called were
accepted.
| Ther were Willis H Duran of Cor
ham, John NJ. Barnes. Brunswick and
lothian c. Cotton, South Portland.
! Augustus c. Myrick of Gorham was
excused by Judge Hale because Of ex-
| traordinary business reasons. Samuel
Is. F'urbush of Brunswick, a clerk in the
treasurer's Office of Bowdoin College,
was challenged by the defence, Edgar
| NJ. hodge of Gorham was challenged
| by the government and Philip Can
tiilon OF Biddeford, by the government,
after an examination. Others chal-
| lenged were William J. Merrill, Sac0:
| farmer challenged by respondents; #.
Everett Files, Gorflam. challenged by
respondents; Thomas d. Sale, a pub
Usher. Portland, challenged by re-
spondents