Iditarod pioneer., 1915-07-17
Ball Band Rubber Boots and Pacs

Smiths mantels, which had been ordered the previous fall, on April g. and of Thurston's being confronted with them and hls em- barrassment on that occasion. The only persons interested in holding up the man tels, he said, were the Thurstons. They had monopoly of the business and they tried to maintain 1t. Whether the mail packages were frst-cIass or parcel post, the fact had been proven that they had started from Cordova over the winter mail route, which would tend to prove that they were hrst- class matter. There was no getting around the fact that they were secreted by the Thurstons. The small value of the mer- chandise was not a factor. Ii the detend- ants were guilty they should be punished just as surely as though the merchandise was worth thousands The evidence proved that the packages had been in the office for some time There was no reason to be- ieve that Vile would perjure himself to convict the Thurstons The fact of the packages being inclosed in a cloth bag was evidence of concealment. Thurston knew that Smith was expecting mantels, and Thurston did not send to Nome for his man. teIs until January, long after Smiths man tels should have arrived. It was small matter, and showed the smallness of the defendants in resorting to such means ln order to secure few paltry dollars But the smallness of the matter was no excuse in the eyes of the government He spoke of the seriousness of allowing 3 postmaster to become a tyrant The matter would be just as serious if no intrinsic value were at stake. The position of postmaster was one
 I. h,,rI to pat mail matter to the patrons of the cttlce. lie spoke of the expense and trouble the gov ernment went to to get mail matter through to Interior Alaska, and said that post master was guilty of crime if he withheld mail matter for one day. If we allow postohice employees to tamper with mail we put ourselves at their mercy" said MT Roth. No one believed the mail matter in question came in the shape in which it was found Thurston thought he could cover up the crime by withholding the packages until the spring consignments of mail came Tn, when they would be given up and Joe Smith would believe they had been held up at Cordova There was no chance for Vile to be responsible in the matter The Thurs tons had torn open the package to learn the contents, and had determined not to allow their monopoly to be interfered with. Noth-
 ing was trivial in connection with the mail The government would exert itself to the uttermost to enforce the law guarding the mail service In a remote place Ike 1dita- rod, where mail is carried hundreds of miles by dog team, a postmaster who will take liberties with the mail Is a criminal of the lowest order If you fail to convict in this case" concluded Mir Roth ''I cannot see how the government can protect your mail service"
 Charles E. Taylor fo7 the Defense
 Charles E. Taylor, for the defense, said that there was no evidence that the pack ages in question had left Cordova. Mir, Roth had said they had, but the jury was not bound to take his word for 1t. The de fendants were not under the obligation of proving their innocence. The government must establish beyond reasonable doubt their guilt Embezzlement was defined as the conversion to ones own use of property of others coming lawfully into ones posses sion He denied that the defense had tried to implicate Vile. He reviewed Joe Smith s testimony. Why didn't they bring the cloth sack into court?" he asked. It was most important Nothing had been proven relative to it. He spoke of the class of mail matter that was received without proper addresses, and said there was no evidence to show that the defendants ever saw the packages in question. The receipt of mail during the winter months that had been on the trail for long periods was of common occurrence. There could be no crime unless criminal intent was shown, and no such testimony had been presented. He spoke of the inconsistency in Wile's testl- mony, in which he had said that no pack ages had arrived on the first mail handled by him, and later had told of Thurston and Mclean aiding him in distributing secondclass matter. He suggested that Harry Mclean, who had subsequently, been declared insane, might have been responsl- ble for putting Joe Smiths mail in the cot ton sack The Thurstons and Thomas all swore they had never seen those packages. No doubt Joe Smith was sore, and showed the packages around and Joe had shown that he had no use for the defendants. Tt is not friendly feeling that controls and prosecutes these cases" said Mir, Taylor. Counsel had said that because there was a shortage of mantels Joe Smiths were held out. Thurston had sold S16 worth ot man tels. Would man in his senses have been guilty of such foolishness? he asked Gen tlemen," he continued, The never did 1t. Thurston IS shrewd-he wouldn't be guilty of such folly" Defendants were not guilty, he said, and had not been proven guilty. They had been brought 1000 miles for the alleged embezzlement of SIS worth of man. tels. The jury should render verdict of not guilty without leaving the box.
 Roden Closes for the Defense
 | Mir Roden said he would not attempt to review the testimony and his argument would be short. Moral laws, he said, were far more important than postal laws. What will happen to your mail if you don't con- vict 2" MT. Roth had asked. Before sending the defendants to the penitentiary the jury IL Il