Show PROOF lUSI BE F O t ING t 4 Evidence Against Machen Not Sufficient to Convict I J JUDGE lAY LAYS DOWN DOW THE TRE lW LA LABE L NEO MATTERS CAI CANNOT NOT BE JE DRAGGED IN AS Jan Ja ire ti e eO W O taI trial was as resumed today to Mr 11 Kumler referring Deferring to his charge charp made tD de yesterday that Po to lee Inspector Mayer MaTer had coached witnesses s e said he did not wish to call the atten attla attention attention tion of ot the court again to the matter mat r bat but M as the district dl attorney y had pressed fIN fId him for tor proof of ot his assertion a he lie was prepared to present an n affidavit The Toe district attorney protested prot ted that the matter could not be brought before th the court in this way that oral testimony should hould be heard I beg to differ with you ou asto as to that remarked Judge Judae Pritchard Mr Kumler then said Bald Id as two ameta affidavits affidavits its would be necessary he be would obtain ob obtain obtain tain one more whereupon Judge Pritchard remarked that If It he found sufficient cause for issuing a rule for contempt against Mayer May r he would do It ft Mr Douglass interjected the statement that the affidavit would apply a pty equally and perhaps more so 80 to In Inspector spec or er Gregory Gregor Counsel Warned Justice Pritchard hani informed counsel coun el oa ou n both rides fides that he would demand d nd that tUt no extraneous mater mat u r b be introduced I to influence the tb jury rut hut that if it was wail h b ha would take O n m to mention it when he delivered el his hie hJ charge ge to the Jury Jun Henry C Lockwood chief clerk of the city delivery JT of et the New York City tl post postoffice p postoffice at office testified to Answering a question by Mr x Taggart Mr Lockwood said eW hi that by bya a letter tetter dated Feb Peb eb 1 3 hilt UN he was notified noti ed that tt MM Groff Oroff were ere ordered supplied to b his s of office fire lie without sidon sI on first not having baring been made Counsel C teed for the defense det tIle objected Mr lIr Taggart stated that his object woe to show how was specially energetic in distributing dl these the e fasteners ta Anticipated the Question Justice e Pritchard announced that he ha would woula Woul l admit as competent any aBy evidence tending to show ho facts in connection with the furtherance of ot the Ute allegations of or the indictment He has he said anticipated this very question and had bad given n it much muck thought thOu t The witness then thea continued his bl testimony te after counsel stated they would argue the point further farther tomorrow Lockwood explained various initiate initials on onUte the Ute letter lett r by saying they represented those of officials of the New ew York poet office through whose bands aDd the Uie letters had bad ad passed It developed from rom further questioning that tut the initiate Initials tiala A W M L were also I Q on letters Must dust Have Proof On Uon witness said Mid he be never nevel saw Machen sign s his Initiate Initials and aDd therefore t did not know whether they the were put there by Machen or one ORe of ot Machens clerks although his bIs familiarity with communications communication from the depart department department ment led hint bun to relieve it came from Machens office ottIce Counsel then thin became involved in another legal l al argument after Mr lid Douglass had again agatA objected te to the admission of the letter because there was no evidence to show that Machen ever aver ver saw it or ever dictated it lt The court held that as the government was w trying to identity identify the Initiate initials uA A W Sl WM Y M as having been Mea made by en and pd the witness s was W no able to positively po do doso doso so 80 he would require the initials initiate te to be proved before this particular testimony would wouw be De admitted Without Mt Ms such h proof the court said Aid with emphasis that is i ilIP no lIP evidence w team against a this de cIe Rt Mac Ma Machen en We ITc proceed lK ac according C CI cording to law 1 The Ib he e with 88 was ex et I Med to be ci um later i |