Evening journal., 1912-11-23
CONVICTED,
FOSTER WANTS
SECOND TRIAL
I'VE Will Win Yet" Defend
ant Tells Friends in the
Court Room
5 YEARS IMPRISONMENT
MAXIMUM ON EACH COUNT

After deliberating one hour and ten
minutes, the United States Court Jury
in the case OF Mahlon b. Foster.
charged with using the mails to de-
fraud, returned 10 court this after
noon with a verdict Of guilty against
Foster
William II. Cooper. counsel for Fos-
ter, promptly asked that the jurors
be pollod which was done. He then
asked for stay of Judgment. but not
before judge Bradford addressing
United States Marshal Mitchell said,
Marshal, the defendant Is now plac-
ed In your custody" Mr. Cooper said
he desired to make a motion for a
new trial and was allowed four DAYS
TO present his reasons. Foster was
convicted on twelve counts. The
maximum penalty is fve years im-
prisonment on each count The trial
I had been on eight days. The ques-
ton Of bail was considered by counsel
for the defense who asked what il
would be- Judge Bradford said he
would consider this subject before 3
o'clock this afternoon.
! Before Foster left the court room he
approached his friends saying. I'VE
will win yet, boys" AS Mrs. Foster.
her son and niece Of tie defendant
accompanied Foster from the court
room the niece gave way TO her feel
ings. sobbing on the arm OF the de-
fendants wife.
IN charging the jury Judge Brad
ford said.
THE indictment In this case charges
the defendant Mahlon b. Foster. with
violating section 2l5. of the criminal
code Of the United States of March 4
1909, That section. insofar as II is
pertinent to this case provides in sub
stance. that whoever having devised
or intended 10 devise any scheme or
artihce 10 defraud. or for obtaining
money or property hy means Of false
or fraudulent prolrnscs. represcnta-
tions or promises shall for the pur'
pose of executing such scrcnc OF
artihcc or attempting 80 10 do. placf
,,ir- tdutt so ~ riacrtf ny frfttf 0i
r writing In any authorized depository
of tho United States for mail matter
r 10 be sent or delivered by the post
Office establishment Of the United
States, or shall knowingly cause such
letter or writing 10 be delivered by
the United States malls. according 10
the direction thereon shall be pun
ished as herein provided che post
Office establishment Of the United
states was created for the beneicent
, purpose Of answering commercial and
social demands. 10 was not created 10
serve as an instrument fof NE effectu-
alton or attempted effectuahon of any
, scheme or artiice 70 defraud. Con-
gress has full power to define and de-
clare onenses In connection with the
use Of the post Office establishment
It's own creature-and has wisely and
constitutionally provided for the pun
ishment Of those who misuse or abuse
the mail for the purpose of executing
such scheme or artifce.
"In order 10 warrant a conviction
of the defendant under any count OF
the indictment remaining open for
your consideration all the essential
ingredients Of the offense as charged
, i'm such count must have been estab-
; lished TO your satisfaction beyond a
reasonable doubt.
"The fact that the defendant con-
Quoted some business under the cor
porate name and style Of Warner
Coal Company does not exclude he
: case from the operation OF the sec
tion OF the statute under which the in-
dictment was found. II such name
was used by the defendant as part OF
scheme or artifice to defraud per-
SONS of property or for obtaining
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