Iditarod pioneer., 1915-07-03

l ceived by witness on March 28. He denied | having any conversation with Thurston in which the latter had told him he intended to wire to Washington with reference to transferring the office to him prior to the presentation of the commission.
 The Sensation of the Day
 R. M Hall, who stated that he WAS in charge of the wireless telegraph station at Iditarod, was asked to identify two tele
 grams sent by T. L. Thurston on March 25, 1914, which he did. The copy of the tele grom which had been introduced by the defense and which purported to have been sent by the defendant on March 25, was not found in the files in Mr. Halls charge.
 The coples of telegrams introduced by Mir. Roth and which were verified by Hall, were admitted in evidence over the obJec- ton of the defense. One of them was ad- dressed to Delegate Wickersham at Wash ington, urged the Alaska representative to make rush appeal for my retention m office till the end of the fiscal veal" urging the difficulties of travel and illness as reason for the request.
 The second telegram was addressed to the postmaster general, and asked Thurs tens continuation in office until the end of the fiscal year, giving similar reasons.
 Argument Commences
 Both sides rested at 4 AS D. m, and un
 der an agreement of counsel argument was limited to one hour for each side.
 G. Ellis Gardner, assistant district at torney, opened the argument for the prose- cution. He wanted 1t understood that no enc connected with the district attorneys office had any personal feeling in the matter or trial. The government had no desire to see innocent persons suffer. Great pans had been taken in selecting the Jury. You have been selected" he said, addressing the jurymen, because both the government and the defense believe you to be honest, up- right citizens, and that you believe ln the enforcement of law" He said the jury was tt be sole judge of the facts in the case, The facts were that T. L. Thurston and | Agnes " Thurston were in charge ot the Iditarod postotfice-were the servants of the people and community whose duty It was tC receive and deliver mail to the people. 1 The indictment charges them with the l unlawful detention of certain tube con taning the commission of Albert Vile to succeed T. L. Thurston as postmaster. Thurston admitted its receipt by him. It had been proved that the piece of mail had been sent as frstclass matter. lhurston had said he did not know whether 1t came as first class or second-class. Vile called for mail on the evening of March 2S and did not receive it. The commission had arrived on March 2S. Thomas helped to distribute the mail. He did not see the con- mission on the 18th, but saw it on the 20th in the hands of Thurston, who admits it was Wle's commission. This was four days after wiring to the postmaster general at Washington and to Delegate Wickersham asking to be retained in office until the end of the fiscal year. Mir Gardner intimated that the address was mutilated by Thurs ton He discredted the sending of tee- gram by Thurston asking permission to turn the office over to his successor. He never turned the commission over to Vile be- cause Vile never asked for it," said Mir. Gardner, sarcastically. Thurston had made no explanation of how the tube got under the rubbish and under the sorting table. If the government had failed to prove the de fcndant; guilty beyond reasonable doubt, they must be exonerated, he said; but Ii, Cn the contrary the government has proven its case, as he believed it had most con clusively, we expect you to lay aside feel ings of friendship and bring in verdict in accordance with the facts.
 Mr. TayIor's Remarks
 Charles E. Taylor, for the defense, reclted the fact that the defendants were charged with detaining, delaying and embedding a package belonging to Vile. He believed the prosecution was making mountain out fo a mole hill "Is there any evidence that will justify you in sending these defendants to the penitentary for such trivial of fense?" he asked Vile had called aS the oostoffice once, and had never again in uuired for mail He bellttled the evidence in relation to the post card which was said to have been mailed in Washington at later date than the commission, acd to have been delivered 10 Vile or March 2S. He called attention 10 the mutilation of the package, and said there was no evidence that the defendants had mutllated It. The witness Thomas had said that he had ln- formed Thurston tha: it was Wlle's com mission. It was put !n the "W" box at the postoffice. He contended that the package ust have been accidentally dlslodged from the pigeonhole to the floor It was not found in a rubbish pile, but among quantity of mail on which the addresses were illegble He deprecated the intro duction ot telegrams having no bearing on the case on trial. It was only natural that Thurston should have endeavored to be re- tained in office. The defendants must be judged not guilty under the showing made
 Roden Closes for Defense Henry Roden, who closed the case for the defense, thanked Mir. Gardner for con tinuing the same tactics which he himself had used when he was in the district at torney's ofice-telling the jury what fine fellows they were and how they had fine sense of duty. He told of the extremes to which prosecutors will go in order to secure convictions the strong arm of the law reaches out and searches the world until the victims are in its clutches. He belittled the charges and reviewed the evl- dence He suggested that had Thurston wished to destroy the package he could have done so without discovery. The testimony was such as not only to cause the jury to hesitate in its decision. They must be con vinced of guilt before rendering verdict sl,st aniDp the charra