Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-02-26
THE TERRY. b0SHAN
TRIAL AT PORTLAND.
Bosnian Said to Have Confessed His
Part IN the Alleged Defraudng Uncle
Sans Post Office Department.

and deputy was sent out to bring
in bystanders. The first man brought
in by him was Charles P. Munroe OF
Portland, bookkeeper for the Railway
News Company of Portland. Mr.
Munroe, Notwithstanding the sudden
ness of the descent on him by the Of
ficer and somewhat bewildered at his
surroundings, answered all the ques-
tons satisfactorily and was accepted
Samuel W. Dyer Of Cumberland was
found in front of the postoffice with Mr.
Munro, and was brought in also. Mr.
Dyer said that he was now farmer but
that he formerly lived in Deering and
was in the real estate business there He
lived in Deering when it was part OF
Westbrook. He was accepted and made
foreman by Judge Hale.
Tie Jury as completed is as follows
Samuel n. Dyer. Cumberland, farmer
tforeman Willis II. Duran, Gorham
farmer: Iohn NJ Barnes, Brunswick
farmer; Jonathan c. Cotton. South Port
land, employee of Maine Central Railroad
Stephen NJ. Smith. Biddeford, plasterer
Thomas O'Neil, South Portland. black
smith; Wilbur T.. Allen, Saco, stock cut
ter: Eugene o. Johnson. Auburn. farmer
Will H. fitzpatrick, Limerick, farmer
Bennett +. Staples. Limerick, farmer
Stephen +. Aller. West Kenncburk. car.
perter; Charles P. Munro, Portland
boolikeeper. Railway News Co.
Following the selection of the jury
Clerk Hewey read the long Indictment
at the conclusion of which District At
tornay Whitehouse opened the case for
the government.
Mr.. Whitehouse began by defining con-
spiracy as combination of two Or more
persons to do an unlawful act or to do
lawful act by unlawful means. He
continued by painting the picture usually
called up by the word conspiracy, q meet
ing together of desperate characters, in
a dark cellar or some out of the way
lonesome place to Go some unlawful OF
hideous act.
Legal conspiracy is not that. 1t is al.
agreement. not sSarily in expressed
words. to do an unlawful act. One per-
son NAV perform one part of the unlaw-
fnl act and the other or others the other
parts But it is concerted action which
is rarely favorable by direct evidence.
The jury is justified in concluding that
there has been a conspiracy If the evil
dence indicates a combination OF acts to
show that two or more persons were
working together to perform an unlaN full
act
Speaking of the element of deerauding,
he said it was commonly understood to
be the cheating of a person or persons
of something of intrinsic value, as mon
preEensive. The government may be de-
frauded Of a knowledge of the true
amount Of mail carried by it: it may be
defrauded of it's ability to carry out any
Of its regulations or it may be deprived
of any of its rights.
The terms dcfraudirS and deceivinc
are held to be Synonymous in a decision
on case growing out of a violation of
this act. Anything done to deceive the
government or its agents in regard to any
regulations has been held to be Gcfraud-
ing the government.
There is a third element in this case
and that is an act done to effect the
object of the conspiracy. The gist Of
the offense is the conspiracy, the agree
mcnt to do the unlawful act. This is
ried out but the government would
show that purposes Of the conspiracy
had been carried out Any act in the
furtherancc of the purpose of the con-
spiracy is called an overt act and VIC
will show that such an act was carried
out.
If one of the parties alone does this
act, all the others are held by it. W.
shall prove certain acts showing that
the parties had passed beyond the pre-
liminary stages of the conspiracy.
Discussing the indictment the district
attorney read the statute describing
second class mail matter. The statute
provides that second class mail is reg
ular publications containing informa-
ton, which have legitimate circula-
ton. No publication designed primari-
~ for advertising purposes or for free
circulation or for sale at a nominal
subscription prices is included in the
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