Savannah morning news. [volume] (Savannah) 1868-1887, 1885-05-02

resented the defendant. The case was
not concluded until Thursday morning.
Solicitor w right stated his position thus;
"Wben a party has committed a crime
in New York, if he is subsequently in
any other State. / don't care how
he got there. or what be is doing there.
his presence in that other state is
evidence that he is fugitive from justice"
He said much had been SAID OF Mr.
Roberts age, and much had been said APP
psaling % the svmp8t1ics the audience
This. be said. was not jury trial. and
such appesls would De wasted on the
court. H. said: I would not ask that
venerable ola man to surrender a single
right yuuchsafed him under the laws Of
Georgia. But we are not assembled
body 90 ssnJimentalists. This is dig
nifed and quiet investi cation of legal ques-
tions before an intelligent court. lie dis
cussed the case at some length with
great earnestness.
ROBERTS DEFENSE.
in making the concluding argument.
Judge Twiggs stated the position Of the
nefense 10 be-
]. That IL any crime had been commit
ted IL was committed in Georgia and not
in New York. and. there fore, the New
York court has no juris9ie ton.
That the Ofense alleged was the by
pothecation 10 the Mercantile National
p
the Georgetown and Lanes railroad. Now
the record shows that all Nj. Roberts did
IN connection with these bonds was to
telegraph 70 A-. f. II. Wa ton in Au-
gusta: "Seud by first expre.ls ten George
town and Lanes railroad Ia ads to TIE
Mercantile Nations Bank Of Sew York
No one viii contend that the sending Of
that TELEGRAM from New oak was
crime. Il there was any crime committed
was the delivery Of the bonds TO the
II rcantile National Bank. Tt is an
established position in law,
and one which Mr.. Wright has
himself admitted tn be true, that when
the bonds were delivered Nv Mr.. Walton
TO the Southern Express company the de-
livery % the bank was com plete. Now.
the delivery Of the bonds cgl stituted the
crime. When Mr.. walton gave the
bonds 70 the Southern Express company
the delivery was complete, tn eretore be-
You'd question the crime. If any. was COM
mitted 10 Georgia. and not IN New York.
, That the pros cutiOu was instituted
% compel the payment by Roberts OF his
debt 70 the Bethlehem iron wor Ks; and,
.. That Roberts was not a tulri-lVe from
justice. andt therefore, under ih consti-
'ution and, laws could not be g bIadlted.
QUESTION or LAW.
He said the statement Of the la " in re-
ference 10 a man 4 eing 70 bis owl state,
As announced BY Mr.. Wright was entire
ly correct and was uudisputed. Three
weeks ago the grand jury Of New York
found an Indictment against Mr. II lberts
~ ne instance Of William Thurston. Vice
President Of the Bethlehem iron CONF lanY.
Upon this indictment a requjsition was
sought from the Governor OF New Ork.
Now. IA order to procure this requisi ion
II was necessary 10 ailege tnat R0'B .rts
was fugitive from justice. The law 5; Tvs
a man must commit a crime and fee TO
escape punishment in order to authorf ,e
eXtraditOu. The solicitor General sa
that it was absurd 70 charge that ma
had committed CRIME and fed. when Il.
was admit q that he had twice openly
been tack among the people whom il was
claimed be sought % elude. hence an AFT
daYit was made ths after Indictment.
and prior 70 arrest, r. berts had fed from
the state.
BROUGHT 10 SAVANNAH.
The matter was held slb curlu by Judge
Roney until yesterday morning, when he
refused To sanction the writ Of habeas
corpus. Roberts was then turned over TO
Philip Riley, am official OF New York. Be
fore be could leave with his prisoner the
writ which judge speer had IS
sued was served by the deputy mar
sbal. and Roberts was brought at once
% this city. Judge Twiggs, Judge Mont
gomery, Maj. Black. j. NJ. Roberts,
brother, and John p. Roberts, a son of the
accused. came 20 savannah last night.
Judge Iwiggs stated % NEWS reporter
that it was impossible TO tell what the
result Of to-day's examination would be
as several new points and difficulties had
nrisen through transferring the case.
The defense Will fgnt for a postponement.
This last move is intended to delay
matters and is last resort. Should
O.. g.. q
and " Roberts is taken 20 New York
Judge Twiggs viii accompany him and
defend him there.
JUDGE RoNEY's DECISION.
A dispatch 10 the NEWS last night says
fudge ROney. in rendering his decision,
said the QuestiOn before him was
whether Roberts was illegally restrained
Of his liberty. He was not TO pass upon
the question whether crime had been COM
mitied. The record showed that an indict-
meDt had been duly found In New York
on this Indictment the Governor of New
York had issued q rcquisition In pur-
suance 81 which the Governor OF Georgia
had issued his executive warrant. This
process was legal and regular. II was
claimed bY the defense that Roberts was
not fugitive from Justice. because he
had not been 10 New York since the find
ing the Indictment against him aud had
also that be was not a fugitive from Justice
before the finding of the Indictment. because
twice since the Ofense " alleged 60 have
been committed be had been in New York,
and had bad dealings with the Mercantile
National Bank.
on the first position Judge Rnncy ruled
that the fact that he had short time
before the finding Of the indictment been
IN New York and was now in Georgia,
was sufficient 20 constitute him fugitive
from justice.
on the second position he ruled that in
tercourse In New York had been with the
Mercantile National Bank. while the Of
fense was against the Bethlehem iron
works OF Pennsylvania, when company
was not apprised Of Roberts presence
in New York.
Northern people who have recently
uiatfod Savannah Ca sneak we'll of the