The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-03-25
JUDGE BROWN STILL SILENT.
REMOVAL OF GREENE AND THE
GAYNORS' UNDETERMINED.

Arguments Upon the Motion for the
bringing to Georgia of the De-
PENDANTS in the Famous Carter
Greene-GaynOr Conspiracy Case
Were Heard six Weeks AgO-FOur
Weeks Ago the Reply Brief of
Their Counsel Was FiIed-Some
Case-ROom for Speculation in the
Fortunately With which the Com
spiratOrs stick to New York.
Nearly six weeks have elapsed since the
arguments before Judge Emerson Brown,
upon the motion for a warrant of removal
Of Benja min D. Green, John f. Gaynor
Edward H Gaynor and william T. Cay
nor from New York 10 Savannah. were
concluded and no decision has yet been
rendered.
The incident is one of the marvels Of this
marvellous case, in many respects the
most remarkable in the criminal annals
OF the country. The defendants now in
New York, or supposed to be there, were
indicted by the grand jury of this district
thought at that time that the question Of
their removal TO Savannah, should it be
seriously debated by them, would certain
~ be decided in a few weeks A few
months have not served TO bring the So
luton percepubly closer to hand. The
men are in New York, so il Is said, and
the course they have pursued in the past
does not warrant the belief that they are
nearly 50 anxious that their cases should
be tired on their merits and legally and
finally determined as they protested 70 be
prior 20 the finding OF the indictment
against them nor the hope that they viii
abate one whit Of their efforts to delay
the trial just as long as is possible.
When the Indictment was first found, 1t
was noticeable that Greene and the Cay
nors trekked for New York, and they
have Rugged the neighborhood of the ma
tons metropolis with a determination
worthy of a better cause ever since. This
despite the fact that some OF them do not
1--we there, and none of them has made
constant practice Of spending there all
Of his time.
From the first United States District
Attorney Erwin has been vigilant and UNI
ceasiDg in his efforts to have the men re-
moved 60 Savannah, and arraigned for
trial In the court here. It is not his fault
that more has not been accomplished,
and every day Of additional delay was
suffered by him only under strong pro-
test. The original cause Of delay was
made possible by course Of action in di-
rect opposition to his Judgment and ad-
vice.
IL is understood that District Attorney
Erwin wanted the men carried in the first
instance before the district judge for the
Southern district Of New York, as the
statute permits, to whom the application
1a-~l-* =
been made. It is optional in such cases
for the district attorney or other officer
prosecuting in behalf Of the government
to make this application either to a dis
trict judge or a commissioner
There is this difference. that the de-
eision of the judge upon the Questions of
identity and probable cause is final, while
that of the commissioner may be appeal
ed to the Judge. Had the case been car
ried before Judge Brown in the first in
stance the long and wearisome hearing
before Commissioner Shields, with its de-
lays, it's postponements, its attempted
introduction of evidence palpably imma
teria and irrelevant would have been
avoided. Three months ago the case
would have been in the condition 1t was
in six weeks ago, when the arguments
before Judge Brown were made.
1t wasn't Then came the hearing be-
fore Judge Brown, on the appeal of the
defendants from the decision of the COM
missioner Counsel for the accused asked
for time to file a brief after the ergu~
ments were concluded, and in the prepa-
ration and filing of this brief two weeks
were consumed. A month has passed
away even since this brief was filed, and
Judge Brown has yet rendered no decis-
ion.
Il is well known that in July the statute
of limita tons will have run upon the last
fsf ba nnfu oil In hn
nent to have been committed by the con-
spirators. as 1t has already run. upon many
not alleged in the Indictment, but with
which the same defendants are charged al
the bar of the public. It has long been
known that on July l. this bar to pros
ecution would be interpreted by the opera
tion of the statute, and yet nothing is
done. After that time, though it Is not
confessed that 1t would be impossible to
secure an indictment, IL is certainly true
that TO secure one would be difficult and
to prove Its allegations more difficult still.
OF course, the defendants may be prose-
cuted even after the statute has run upon
an indictment found previous 10 that
time.
For all Of these reasons II Is interesting
to conjecture the considerations that i'm
PEELED Greene anddhe Gaynors to seek New
York. when the Indictment against them
was found, and TO remain there constantly
since. There is little reason to doubt that
should they leave the state in which they
now are they would be arrested again and
a second proceeding for their removal 10
Savannah instituted at once, in the hope
that IL would not require so much time to
gain a decision.
District Attorney Erwin left yesterday
afternoon for Washington. IL Is stated.
however that his trip has no connection
with the Carter-Greene-Gayn case or
any of its various ramifcations and wind
ings
THE POLICE JUNK SHOP,