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

ironically to the testimony In regard to
these sacks, he said:
1.-THE government sleuths with o men,
Der of the Washington bar to advise them
worked a whole year ami after finding
these sacks of mail in the basement ask
you to believe that it was terribly
wicked this to put them there
Continuing, he said: 1.-THE inspectors
or detectives with trained lawyer called
on Mr.. Terry, demanded the right to go
through the plant, and because he asked
them to wait until he could consult with
his attorney they threatened to tele-
graph the postoffice department and have
tine second class privilege taken from
his publications. Mr.. Terry not only gave
them permission to fully investigate, but
he sent man with them and they were
given everything they asked for
You must remember that you are try
ing conspiracy case and that this Is
not hearing before the third assistant
postmaster general The government has
selected its own proposition and it's own
affence and says we are to try these men
on the charge of conspiracy"
Conspiracy" he said, sis a matter of
commit a wrongful PCT or to do a legal
act in an unlawful manner. 1t is not
enough to show that one man does a
wicked thing and another man does n
wicked thing and both acts coincide. 1t
must be shown that both men agree be-
forehand to do the acts for a wrongful
purpose.
"The government has not shown that
Mr.. Terry did a wrongful act. Congress
has not limited the sample copies he
might SEND. Neither has the government
shown that Mr.. Bosnian did a wrongful
act. and 1t has utterly failed in its at
tempt to show an agreement with them
to commit an illegal act"
After recess of 10 minutes District
Attorney Whitehouse began his argument
to the jury. There were three things
that the government would snow: A con-
spiracy, an attempt to defraud and some
overt act by one or more of the parties.
1t is not necessary to show that the gov
eminent was defrauded of money, though
the government had shown that. he con
tinued. 1t would be sufficient to show
that the government had been defrauded
of any of its rights or functions.
Answering the contention of the de-
fence that the regulations of the post
Office department We're not the force of
the statutes, the district attorney said
that they were not inconsistent with the
statutes. The statutes gave the post
master general authority to make regula-
tons for carrying into effect the stat
utes. and the statutes say that paners
entered to the second class mail privilege
must have legitimate list of subscribers,
must not be designed primarily for ad-
Vertlsing purposes and not published for
free circulation. The regulations of the
department define what class of papers
are entitled to these privileges
Discussing the overt acts, the transfer
of the weight of sample copies to the ac-
count for regulars by Bosnian on April
20 and May %, he said. had been con-
clusively shown He explained the cor
rectlons in the dates by saying that the
assistant postmaster had explained that
Bosnian had made errors in the dates and
that he had corrected as it was his duty
to do.
He went into detail in answer to the
contention of the defence that the va
rance in the Indictment as to the title
of the publication was fatal, saving that
circulars. receipts. copies of the maya
zine and the testimony of the clerks at
the postoftice had shown that it was as
wei known by one name as by the other
Speaking of the conspiracy allegation
ne said that If it can be shown that one
OF the parties committed an act and an
other party committed an act so that they
coincide or come together, even though
the agreement be a tacit one. there has
beer conspiracy
Bosnian. he said. risked his position and
his reputation in falsifving weights of
mail, and he asked if the jury believed
That he did that without allowing Terry
TO Know of it. If he had not had ex-
pectations of substantial reward. per-
maps to provide home for himself and
family. he would not have so far forgot
ten himself and his future as to have
deliberately falsifed the returns. He
would not have done that without COM
municatinG it to Mr.. Terry or without n
specific agreement of reward.
He spoke of Boshan's question TO Post
office Clerk Whitehouse in November inst
after the postoffice inspectors had sent 4
request to Terry for him to furnish n
statement of his circulation. if he. White
house. had not noticed as many errors in
marking the sacks one way as another.
as showing that Bosnian must have re-
celved tip from Terry that something
was wrong.
Another act which showed the con-
spiration of the two men. he said was
to the conference between Terry and
Bosnian on Thanksgiving day, when 30.
shan received the notification of his
transfer to Portland. Terry came to the
postmaster that day for the first time in
three months and after comforting with
Bosnian they both went out together
Just about this time the 10000 sample
copies of the magazines were stnsed in
the basement which We're afterwards
found by the inspectors. They were put
there. he said. because Bosnian had been
removed and the excess of samples could
no longer be sent through the postoffice.
Terry could not have helped having
knowledge of the way Bosnian was doing,
he said, because Terry received reports
r.