Iditarod pioneer., 1915-07-03

with delaying, detaining and embedding a certain mail package addressed to Albert Vile, containing his commission as post master to succeed Thurston, has been on trial in the district court for the past two days. After being out from 9:2O p. m. yesterday to midnight, the jury reported to Judge Bunnell that they could agree upon verdict in the case of Agnes V. Thurston, but could not agree on verdict Tn the case of Thomas L. Thurston. Judge Bunnell i'm mediately adjourned court until 10 o'clock this morning, and the jury was again locked up to continue their deliberations.
 Preliminary Proceedings
 On Monday last Thomas L. and Agnes Y. Thurston were arraigned Ill the district court on indictments charging them with various offenses against the postal laws while acting as postmaster and assistant postmaster of Iditarod At subsequent ses- sions of the court further proceedings Tn the cases were had, and demurrers to all of the indictments were filed and argued by the attorneys for the defendants, Messrs. Charles E. Taylor and Henry Roden. In one case, that in which the defendants were charged with detaining and delaying the commission of Mr Thurston's successor as postmaster, Albert Vile the demurrer was overruled The demurrer to the ln- dctment charging the misapproprlatlon of certain magazine addressed to William Ansley, was sustained by Judge Bunnell on the ground that the indictment was faulty. In the cases of the two remaining lndlct- ments the court took the demurrers under The trial was set for Thurs day morning, and at that time the work Of selecting a jury was commenced
 Owing to the fact that 8 number of jurors on the regular panel had been ex- cused on grounds satisfactory to the judge, snd others could not be found and there fore could not be served with subpoenas, the panel was reduced to eleven men. special venire was ordered by Judge Bun nell and these were ordered to appear on Friday morning.
 The Jury
 The jury was completed shortly before II o'clock on Friday morning, and the trlal was immediately commenced. The makeup of the jury was as follows:
 Al Lowe, Charles Lovett George Fay, Thomas Willett Thomas Hines, H. E. Grouse, Jeremiah Wynne, William James, J F. keenan, Robert Poole John Trick and G. J. McGee.
 Opening Statement by Mr. Roth
 District Attorney Roth in his opening st atement to the jury said that the govern ment expected to show that on the mail reaching Iditarod on March 2S, 1914, or on the subsequent mail, package or tube con taning the commission of Albert Vile to succeed the defendant Thurston as post master at Iditarod was received; that Thurs ton knew the package contained the sad and that he willfully detained and delayed the delivery of said package in fact embedded it. Vile entered upon the duties of his office upon telegraphlc in- structions from Washington, taking charge on April 1, 1914. Some days afterward he found the missing commission apparently secreted among son.e rubbish on the floor of the office, under :be sorting table Vile had been told on calling for mail on March 2S that there was no mail thcr1 for him | pon this showing he proset ltlon would expect the jury to bring in verdict ot guilty as charged.
 Brief Statement for Defense
 Henry Roden, for the defense, made q brief statement in which he sad that the defense would deny each and every one of the allegations contained in the lndlct- ment. He expected to prove to the setis- faction of the jury that the charges were 
 Albert Vile Called
 Albert Vile was the first witness called by the prosecution. He stated that he was postmaster at Iditarod, and assumed his duties on April l, 1914. He was ap- prised of his appointment "either in October or December while in Juneau. The com mission was dated February 3, 1914. A telegram was produced and its introduction was objected to by the defense, but the objection was overruled. It showed that the commission was mailed February 3 1914. Vile started from Juneau for ldlta- rod on February 21, 1914, and arrived at Iditarod on March 20, 1914. He went to the postofice on March 2l on which day the mail had arrived. It was in the after neon. and he asked for mail The commis- sion was not delivered to him. The next mail arrived on March 2S. He called at the postofice again on that day, and re- ceived mail from Washington, D. C., dated February 6. He remarked on his failure to receive other mail that he was expecting. Mrs. Thurston was at the delivery window, and took him to task for saying that mail was being held out. William B. Thomas was present at the interview. Vile took possession of the office on April l, 1914, anG ten days later, while cleaning up the office, found the missing commission under the sorting table, among pile of papers He identified the tube in which the com. mission was mailed The indorsement had been made upon it, April 10, 1914" by Harry Mclean, then assistant postm aster, He sent for Deputy Marshal Percy Charles before opening it, and it was opened in his presence. The framed commission was in troduced in evidence MT. Roth wished to remove it from the frame for convenience in filing, but to this MT. Vile strenuously and it was received in evidence frame and all. Clerk John F. Clark was reluctant to mark the exhibit for identlhca- tion, but this was finally accomplished. Mir. Vile said that when he asked for his mail at the postofice all the frst-c!ass mat ter had been distributed.
 This ended the direct examination ot the witness, and recess was taken for lunch.
 AII.,. r..,. Ex. n,ina a}ion