The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-05-05
CAN NEVER BE CONVICTED.
LAWYER ROSES ASSERTION AS TO
GREENE AND GAYNoR.

Hearing Before House Judiciary
Committee Developed Opposition
to the Dill for the Removal of In-
dicted Persons - Dudley Said Ii
Would Prove Hardship Upon
Railroad OficiaIs-Rose Declared
There Never Was Any Conspiracy.
Washington. May 4.-The House Ju-
dietary Committee to-day gave a hear
ing upon the Senate bill introduced at
the suggestion of Attorney General Griggs
to provide for the removal to the proper
district for trial of persons indicted for
offenses against the United States.
The bill was prepared 10 cover the cases
Of Benjamin D. Greene and the Gaynor
brothers, who were indicted by the grand
jury In the Southern district of Georgia
for conspiracy to defraud the United
States IN the contracts for the improve
ment OF Savannah and Cumberland
sound The indicted persons were arrest
ed ir New York, but Judge Brown re-
fused to allow their extradition to Geor-
gla on technical grounds pertaining to
procedure in New York.
Col. w. w. Dudley was the first speaker
He said he represented certain railroad
corporations. Such a bill applying to civil
as well as TO criminal cases might, ne
conteded, work great hardship, especially
to railroad and other corporation officials.
If indicted outside the district in which
they were resident they could b arrest
ed and dlsgraced. though innocent. and he
2 oa Iaof 81 10 Ho
acted it should be carefully safeguarded.
In criminal cases like the Carter case, at
which this legislation was aimed he adj
mtted the circumstances might be differ
ent.
Chairman Ray said the real question in
volved was whether IL was good policy TO
remove person indicted from one Juris-
diction to another upon the simple pre-
sentiment of an indictment.
Col. Dudley expressed the opinion that IL
would be against public policy.
Lawyer ROse's View of 1t.
Abram ]. Rose followed Col. Dudley.
While he was the attorney of the Gaynors
and Greene, he said, he did not come es-
pecially as their attorney, but to call at
ten.ion to some things of which he had
peculiar knowledge. He declared that
the district attorney had eight witnesses
and many documents in the Gaynor case
before the United States Commissioner
in New York II evidence had been pre-
sented then show ng probable cause all this
difficulty would have been obviated.
He contended that the testimony In the
| Carter courtmartal case being public
| property, should have been produced be
| fore the United States Commissioner. The
| attorney generals contention that the evi'
! dence would disclose the government
case, he said, would not hold. Mr.. Rose
dilated upon possible hardships thai
might result to defendants in being re.
moved.
Chairman Ray said that he had receiv'
ed a letter from the Attorney General
| suggesting amendments to the bill to al
| low indicted persons TO show as a reason
for non-removal that they had not beer
| at the place where the indictment had
| been found
! Mr. Rose asked why an alibi should be
allowed to. be proved in the interest OF
railroad officials He said II would be
4 dangerous to make exceptions. The let
ter of the Attorney General did NOT men
ton railroad officials, but Mr.. Rose read
a newspaper statement, saying that II
was intended to except them.
! In the course of bis remarks, Mr.. Rose
/ declared with great emphasis, referring
! TO the Gaynor-Greene case:
"Those men never can be convicted
upon the Indictment for two reasons
! first there was no conspiracy; second, the
! United States never was defrauded."