Iditarod pioneer., 1915-07-03
CASE OF UNITED STATES VS. T. |. AND A. " THURST0N
 IS IN THE HANDS OF JURY IN DISTRICT COURT

ond-class matter Vile said that when he asked for his mail Thomas and Thurston were in the office, as well as Mrs. Thurston. The telegram sent by Vile to Washington was placed in evidence. He was asked to describe the position of the office furniture by making a drawing of it. Vile stated he Twas not an artist" and the judge de cided that he was not compelled to draw the map against his will
 On redirect examination by Mr. Roth the witness was asked as to how the tube containing the commission could be dls- | tinguished as hrst-class matter, but the an swers were somewhat confusing.
 Thomas Testimony
 w. B Thomas who stated that he was now deputy United States marshal, test- fled that from August 1, 1913, to September 1 of the same year he was employed as clerk in the postoffice under Thurston. In 1913 he was employed after the arrival of each mail and during the holidays. He was employed by Thurston as assistant post master on August l6, 1914. On the 18th day of March, 1914, he was in the post office and on succeeding days. He assisted iu distributing the mail He identified the tube which had contained the missing com mission. He first saw 1t when Thurston called his attention to 1t and asked his opinion about it. He told him he thought it was Wile's commission. In fact, he had slipped the document out of the tube and confirmed his opinion. Thurston said he was not supposed to be mind reader. The witness last saw it on that occasion on the sorting table. The stamp indicating that it was first class mail matter was indistinct, l hitt ba | first. rI SprnDd- class matter was not marked. He had asked Thurston about Wiles taking posses sion. and had been told that Vile would have to have his commission before doing so He SEW Vile the day following his arrival in Iditarod, and testified to his having asked Mrs. ThurSton for mail.
 On cross examination he admitted he was not well versed in the postal laws and could not tell what the rule was in regard to opening hrst-class mail.
 Deputy Marshal Testifes 1 Deputy Marshal Percy G. Charles ident- | fled the tube which had contained the com mission. He first saw 1t on April 10, 1914, when Vile called him to the postofice and told him how it was found. He opened the tube and extracted the commission there from in the presence of Wileys and Me l Lean.
 Government Rests
 ! Vile was recalled and testified that the commission had not been removed from the tube prior to the arrival of the deputy marshal.
 The government then announced that 1 that constituted their case
 Defendant on the Stand | Thomas L. Thurston, one of the defend 1 ants was the first witness called by the defense He stated that he was appointed postmaster of Iditarod on November l9, | 1911, and that the appointment did not | stipulate any definite period of office. He met Vile after the latter's return here on March 21 1914. He came to the postotfice 1 end asked fol mail, and Mrs. Thurston gave 1 it to him and he went out. Vile had said nothing about his appointment as post master Vile came to dinner at his home on March 22 Vile had told him at that l time that he had a telegram notifying him 1 of his appointment as postmaster, which also contained the information that his commission had been mailed to him. He met him again on March 25. At that time hG had told Vile that it would be a good idea to telegraph to Washington regarding the transfer of the office. He (Thurston) had sent wire asking if it were permissible for him to turnthe office over to Vile before the presentation of his commission. reply was received on March 30 directing him to 1 turn the office over on April l. The mail had arrived on March 2S at p. m. The I first class lock box matter had been assorted the same day, while other frstclass matter was not assorted The practice was to toft 1 the left hand side of the sorting table, and other matter on the right, the latter being left till the last On March 29 he saw the tube in question, which was mutliated. | He tried to find out the addressee's name, but 'le" was all that was legibe. He asked Thomas what he made of it. He could not make it out, and suggested looking inside, ! which he did, and saw enough to know that it was for Vile. He placed it in the, secondclass pigeonhole two or three feet 1 from the sorting table. It came in the mail of March 2S On account of its size it was not put with the regular frst-class mail Vile had not called for mail between the 18th and 30th. The witness denied with 1 holding Wile's mail and said he had no knowledge of how the tube came to be under the table, He had not seen 1t after { placing 1t in the plgeonhole
 cross- Examination by MT. Roth
 Mir. Roth asked Thurston as to the tele- gram he had received from the postoffice department. In answer to question as to tho tube in evidence, he said he did not know what it contained. Thomas had sal' ' it contained Wile's commission. Asked why he refused to turn the office over to Vile in spite of the fact that he had seen the commission, he said it was not customary to give mail to anybody unless they asked fol it.
 Mrs. Thurston Testifies
 Mrs. Agnes V. Thurston, one of the de fendants, testified that Vile asked for mail on March 21, and that she gave it to him. Or the 22d she saw him at dinner at her home. Vile had told of his appointment as postmaster at that time. She saw him again on the 18th, when he came for his nail, and when she gave him all that was addressed to him. She never saw the tube containing the commission, and had never delayed, secreted or detained any mail ad-