The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-03-08
CONSIDERATIONS MUST BE HERE.
JUSTICE DEPARTMENT CANNOT IN
TEHFERE WITH COURT PROCESS.

Who Are Stiil at Liberty, BE Ar
rested, mmediateIX-The Case Is
Set for Monday and IA Fine Hangs
Over the Head of the Marshal in
Case the Men Wanted Are Not Then
in COurt-ReGuIatiOns of Depart
ment of Justice Have Interfered
With the Laws Administration.
Yesterdays session of the United States
District Court was marked by a somewhat
animated inquiry, instituted by District
Attorney Erwin. and, when the matter
was thus brought 10 his attention, ener-
getically pursued by Judge Speer as to
| the reasons for the failure to arrest three
of the defendants in the alleged Tyson
conspiracy.
The men who have not been arrested are
c. B. Rewis, j. S Wheeler and w. L.
Jones' AL of the ten others charged in
the indictment with completely in the
scheme to defraud through the use of the
mails, have been arrested by deputy mar
| shals and nine of them have given bond
| for their appearance at the present term
of the court. The one unfortunate other
| ]. NJ Harrell, now languishes in the Jail
of Chatham county, whittier he was car
ried yesterday. For the tep the judge
and the district attorney entertain no APP
prehensions; it is for the three, who are
at liberty and not under bond, that all the
anxiety is felt and whose presence here,
in custody, is so anxiously desired and
| earnestly awaited.
! The attention of Judge Speer was called
| to the matter by District Attorney Erwin
| during the morning session of the court.
Judge Speer permitted his judicial equl-
| poise 10 be disturbed, as much as he ever
| does, by this failure 10 arrest, and stated
| very emphatically that all of the defend
| ants must be in court when the case
| against them is called on Monday morning.
| Marshal Barnes is in attendance upon the
| session of the Republican State ConYen-
| ton and was NOT in court at the time. In
| his absence he is represented by Ch'ef
Deputy Marshal Locke, and the chief dep
| uty has already begun efforts looking TO
| the apprehension of Rewis, Wheeler and
| Jones.
The position of the district attorney in
| the matter was clearly stated by him In
| few words 'The indictment against
| these defendants said Mr.. Erwin was
| returned in December, three months ago,
and some OF the men indicted ere stnl
| at liberty. The case will be a lengthy and
| expensive one, requiring the presence CT
| witnesses from a distance, and quite
| number of them. To prosecute the de-
| PENDANTS will involve the expenditure OF
| several thousand dollars by the govern
ment, and if they are not all tried at the
| same time, the second and every other
| trial will involve the expenditure OF as
| much more. 1t is this consideration That
| renders me so anxious that all the de-
| PENDANTS should be on hand when the case
| against them is called"
| iS understood that IL is because OF
| the regulations of the department of jus
| tice and not through the fault of Mar
| shall Barnes or his deputies that the omis-
| sion to make the arrests has occurred.
| There are number of strngest regula-
| tons on the subject of the employment,
| and duties of deputy marshals, that in
| this case, at any rate, have not conduced
20 the prompt service of the process oil
the court or aided properly the admins
tration of public justice.
| These regulations, in the first place.
| limit the number of deputies that the
| marshal is authorized to have at his dis
| posal and further limit the sphere of their
| operations, by requiring that they shall
| be stationed in a particular section of the
| district and shall not be moved out of that
| section for the purpose of effecting arrests
| or executing other judicial process. The
| marshal disobeys these regulation only
under pain of denial of his accounts, and
| if deputies are sent out contrary to the
regulations it is either at the expense of
| the marshal or at their own.
| 1t so happens that in the section In
| which the defendants in the conspiracy
| case live, there are no deputies. The mar
| shall has not felt himself authorized to
| move deputies from ether sections for the
| purpose of making the arrests and in this
manner the failure of the defendants to
be ON hand at the present time has result
ed.
| The regulations did not change Judge
| Speer's opinion and determination on the
| subject in the slightest degree These
men must be here when the case is call
ed" he said. Il cannot permit the ser
vice of the process of this court to be
| interfered with by the regulations of the
| department and unless the bench war
rants are served and these defendants are
! arrested the marshal and his deputies
must bear the blame. They can take the
matter of their fines to a higher court,
and it is possible that the department
| will see fit to pay them
The jury for the trial Of the Tyson and
| other cases was drawn yesterday.
| Judge Speer directed that the subpoenas
| should be served personally upon each
of the prospective jurymen and that he
| would require a showing that such per-
| sonal service had been made.
| j. M Harrell one of the defendants IN
| the Tyson case, was arrested by Deputy
| Marshal Thomas on Tuesday, and was
brought into the city yesterday morning.
| HarrelPs arrest was effected at his home
| in Odomville, after some skiful lodging
and efforts to conceal his identity on the
| part of Harrell. Indeed for time he de-
! ried positively that he was the man Dep
uty Thomas wanted. The man could not
give bond when ne was brought to the
| city and in lieu thereof was committed
| to jail.
For next Tuesday District Attorney Err
! win has assigned the case of Charles X.
Walker, charged with the offense of rails
ing a silver certificate of the United States
| of tine value of 81 and attempting to pass
| it, Walker IL country boy who was
| stopping with some relatives of his In the
| CITY when he attempted to pass the certih-
| cate. which he had altered by erasing
| some of the smaller numerals and past
| ins othnrs cut from a $40 Confederate mole