The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-04-07
spEER TO THE PRESIDENT.
srptcT JUDGE FoRECAsTED DE-
avs IN GREENE-GAYNOR CASE.

~
otter to President Mckinley, Pro-
.,stsnc Against the Investigation
,,o probable Cause of Indictment
aioSt Alleged Conspirators and
o,,tIiuing the Difficulties and De-
,o,s THAT Would FOIIow This Pro-
5ure-Hy Reason and Authority
rn5ce spcer Directed the Presi-
5ent's Mind to the Correct Pro-
.odfngs-His Prophecies Are Full
filed.
7.,e recent decision Of Judge Brown in
4 .ho Greene-Gaynor cases lends interest 10
4 1s7es Speers letter to President McKin-
law and which he referred to in his re-
marks to the grand jury in reply to its
4 .srer3l presentment.
1udee Speer was asked last night for
,14 letter. He promptly consented to its
n notification. Il may premise he said,
ntbat I think it a part of my duty to see
H d. il that the process of the courts is
.needily and faithfully executed. In &C
cordance with that duty, felt obliged, at
,ba time 10 send the letter from which 1
quoted to The President.
at will be observed that it was written
mite impersonally and without any re-
card 10 the guilt or innocence of the ac-
,.rse5 II is sufficiently expressive OF my
views with regard to the procedure essen
rial 10 enforce the laws of the United
safes against parties found in another jul
dici,I district from that in which they are
indicted
Judge Speer's letter is as follows
TTpifad GtatPS .Tu1Up Macon
ga Dec. %, lS99-To the President: Re-
enectfullv referring 10 the constitutional
mower of the President to take care that
The laws be faithfully executed, and 10 the
further power TO recommend TO Congress
for their consideration such measures as
he shall Judge necessary and eXpedient, L
have officially TO call your attention to
what seems to be an interference with
that faithful execution, and to an instance
of disregard of the lawful process OF the
United States District Court, which, if
aeuuiesced in so that it will become an es-
tablished practice, in my judgment, will
entail the most serious consequences to
the administration of justice and the en-
forcement of the criminal laws of the
United States
Recently the grand jury of the United
States District Court in Savannah pre-
sented an indictment against Benjamin D.
Greene John L. GaynOr, William t. Cay
nor. Edward II. Gaynor, Michael A. Con-
nally. and Oberlin NJ. Carter, charging
conspiracy 10 defraud the government of.
the United States of a large amount which
had been appropriated by Congress for the
improvement of the river and harbor of
savannah and Cumberland sound. A prop
erly certified copy of the Indictment with
bench warrants issued by the court there
on. was forwarded to New York for the
arrest of certain of the parties accused,
namely, Benjamin D. Greene, John F.,
William T. and Edward II. Gaynor. On
his receipt OF the Indictment and bench
warrants, l am officially advised, the dis
trict attorney of the United States for the
Southern District of New York caused a
complaint to be sworn out before a COM
missioner. charging the same offense for
which these persons had already been in
dicted, caused their arrest and caused
bond to be taken for their appearance be-
fore a commissioner in New York city and
a hearing upon the charge thus filed 10
be fixed for the S0th of this
month.
The District Attorney of this district
who had charge of the prosecution, and
who conducted the investigation before
the grand jury, has been notified to APP
pear before the United States commits
sioner in New York city, with the docu-
mentary evidence and the witnesses upon
whose testimony the indictment was
found, for the purpose of an investiga-
lion in order that the commissioner may
ascertain if there was probable cause for
the Indictment SO that he may determine
whether it is proper for the accused to
be discharged in New York, or whether
they shall be held to answer the indict-
ment found in this district.
If ! am correctly informed as to these
facts, and l am satisfied that the infor-
nation is correct. 1 have respectfully to
represent that this action of the district
attorney and commissioner in the South
ern district of New York presents a most
serious obstacle to the due execution of
the criminal process of this court. This
representation, of course, in no way re-
lates to the question of the guilt or inno-
cence Of the parties accused, but / do
most earnestly represent that where a
grand jury of a United States court, hav-
ing appropriate jurisdiction, has investi-
gated and found Indictment true, when
mat Indictment is valid and has been re-
turned INTO court and filed. and the court
III mas Issued a bench warrant in the
name of the President of the United
states for the apprehension of the accus-
e. i Is wholly unwarrantable for Unit
ca states commissioner in another state
20 go behind the indictment to hold any
JuUclal inquiry into the facts which were
submitted to the grand jury, upon the
idlth OIL which their action was taken. If
~ were otherwise, the action of the grand
luah that of commissioner issuing a
warrant on affidavit. Moreover this pro-
eeuuIe would give to a commissioner in
Une district of the United States, the au-
DnoIlly 10 set aside and nullify the solemn
anu ueHberate action of the grand Jury
IN another district
~ ne constitution provides, article five of
~ ]I amendments, that mo person shall be
netu 10 answer for capital or otherwise
i.lanlous oHense unless on a presentment
" Indictment of a grand Jury. etc" 1t
itDHoWs then that upon presentment or
tnent of grand jury, the accused
oaH DC neld to answer for such offense
auu when such indictment or present.
,.eit mas been found, for commissioner
~ assume authority to determine whether
ieie was probable cause for the action of
Ie Grand jury is usurpation of authority
~mic4 might in a multitude of cases, es-
peelaIiy where the defendants are per-
sonS or consequence and local influence.
dsauit IN practical notification of the
N'"nihaI laws of the United States.
~ IS obviously true, that criminal laws
,o'd,ed In a particular district cannot be
rn',5 leo ls unless process properly issued