Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-02-28

| Portland, Me-, Feb. 1.-(SpcciaD.-
The defense scored heavily Thursday
in the Sawyer Publishing Co case
when it obtained the exclusion of the
alleged confession of Harry W. Bosnian,
who was indicted with George Fred
Terry, president of the Sawyer Pub
fishing Co. for conspiracy to defraud
the government though misuse of the
second class mailing privileges. The
| government expected to get this al
| legged confession before the jury and
| depended upon it as the key stone
that was to bind together the other
bits of circumStantial evidence. With
that ont OF the case, the government is
! limited practically to it's documentary
| evidence, Of which a mass has been
presented District Attorney White
house seems confident that the silent
evidence of tine weight slips, the books,
the copies of the publications, the mail
ing lists and other documents and pa
pers obtained from the post office and
| from the Sawyer Publishing Co. will
prove the allegations of the indictment,
yet it is apparent that he is disap-
| legged confession of Bosnian.
In outlining his case to the jury, the
district attorney told of a meeting in
the Falmouth Hotel in this city of
Mr.. Bosnian and Inspectors Robinson
and Shaffer and Mr. Wilmot of Wash
| ington, when it is alleged that Bosnian
| admitted that he had falsitied the
weight Slips of the second class matter
| from the Sawyer Publishing Co. It was
this alleged confession he was trying
to get from Inspector Robinson when
court adjourned Wednesday afternoon.
Before court convened this morning
the attorneys met in Judge Hale's
chamber and argued for and against
the admission of the testimony. The
| arguments lasted for an hour and
! when court convened Judge Hale an
nounced that he would sustain the
| objection of the defense and would
exclude the proposed testimony of a
confession. For the first time since
the trial began Bosnian smiled and he
appeared good natured for the remain
der of the session.
Only two witnesses were examined
today, Post Office Inspector Robinson
and Wilson E. Wilmot, an employee
of the third assistant postmaster gen
erals Office in Washington. They tes-
| titled to the investigation made at
the plant of the Sawyer Publishing Co.
when they examined the mailing lists,
tthe stencils used in directing copies Of
the papers and to the daily reports
| from the girls who wrapped the pa
perS.
The main interest in the trial of
George Fred Terry. president Of the
Sawyer Publishing Co. and Harry W.
Bosnian, a clerk in the Waterville post
Office, on an indictment alleging fraud
| in the use of the second class mail
privilege was the ruling of Judge Hale
this morning that Postoffice Inspector
William B. Robinson would not be al
lowed to tell of his conversation with
Bosnian at the Falmouth Hotel last
November after Bosnian had been
transferred to the office in this city.
| District Attorney Whitehouse said,
when he offered the testimony yesteT-
day afternoon, that it would be con-
| fession by Bosnian and objection was
at once taken by the defence.
| The objection had been partly ar
| gued when court adjourned last night
and the argument was continued this
morning in the chambers OF Judge
| Hale. While the court was adjourned
| yesterday to 945 this morning it was
| long after that time when the argu
ments were finished and the court
came in. Judge Hale Immediately an
nounced that the objection 20 the
proposed testimony of Inspector Rob
inson. which would be an~alleged con-
fession by Boskan. was sustained.
This is a material victory for the
defence.
W. 2. Robinson postoffce inspector,
resumed the stand. The witness said
that in October last he requested Mr..
Terry to permit him to investigate
| the publishing house and he presented
the form to Mr.. Terry to be filed out.
1t was taken By Lucius Weinschuk, Mr.
| Terry's counsel. and never returned
to him. The blank contained questions
of circulation for Home Queen" for
| each of several months.
The blank was given to the post
master at Waterville, on Oct. to be
! sent to the publishers, to be filled out
and on several days he thereafter re-
! quested it returned. But it was not
returned and on the following Satur-
day he made special request for it.
Later the witness, Inspectors Shaffer
and Wilmot, called at the publishing
house but failed to get it. The next
morning they called again ard saw
| Terry and he promised to have it
made out later. They told Terry at
this time that Miss Moore, Terry's pri-
vate secretary, said that the blank was
made out but that Mr. Terry desired to
give the blank to them personally. Mr..
Terry said that Miss Moore was rot
authorized to make such a statement.
Later Mr.. Terry said that the blank
had been sent to Mr.. Weinschauk. The
witness asked permission to investi-
gate the circulation but Mr.. Terry re-
fused to allow it to be made. He said