The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-04-05
Mr.. ERWIN WILL NOT TALK.
REFUSED TO DISCUSS DECISION OF
JUDGE BROWN.

eminent VIII DO Now That n
warrant for the Defendants Re-
movaI TO savannah Has Been Re
fused-Confessed,T Though, That He
Had Not Thought the Decision Pos
sfbIe-On the street the News Was
Greeted with Incredulous Sur
prise-The Government Will Fight
the Case 10 the End-Lawy ers Say
Judge Browns Decision Is With
out Precedent.
"Mr. Erwin, Judge Brown has refused to
grant a warrant of removal and has or
dored the discharge of Greene and the
Gaynors."
This announcement was made to United
States District Attorney Marion Erwin
Yesterday afternoon, in the gentlennen
parlor of the De Soto. The district uttor-
ney was ensconsed in a comfortable
chair by a window through which
poured the genial beams of the afternoon
sun. and had been meditating calmly and
comfortably, when he was suddenly dis
turbed.
"What?" he said.
There was a bewilderng lack of sur
prise In the manner in which the district
attorney asked this question, that some
what irritated the bearer of what he had
regarded as startling and sensational and
totally unexpected news. The statement
was repeated, even ampMfed trife, but
though it was the first he had heard of
II, the district attorney could not be in
duced to look more than mildly interested
What he felt is probably a different ques-
ton.
During the day effort was made
to get MIR. Erwin to express
an opinion on Judge Browns
decision, but this in the absence
of any particulars as to the grounds CIV
en-. he declined to do So In the effort to
secure something more definite than n.y.
pothetical answers. white haired old man
wandered into the room and dropped into
a chair not far away, and was followed
soon afterwards by a second newspaper
man and Mr.. j. N. Talley,
who had been previously appris-
ed of the decision OF Judge
Brown and had communicated it to Judge
Sfeer. He was charged with the an
nouncement that Judge Speer declined to
express any opinion whatever on the sub
ject.
Mr.. Erwin was seen again dur
ing the day, but he was still re-
icent. He was asked if he would consent
10 talk more fully if he were
shown the Morning News telegram from
New York, containing a resume of Judge
Browns decision, but he an
swered that he thought 1t
wiser to make no comment whatever.
All that he would consent 60 say was
that the outcome of the application for
warrant of removal was a great surprise
70 him, and that when it was instituted
he confidently expected that it could have
but one result, the remanding of the
| prisoners for trial upon the indictment
before the United States District Court
| here.
| AS to the course that will be pur-
| sued by the government toward bringing
| the men indicted 10 trial, now that Judge
! Brown has denied the application for a
! warrant of removal, Mr.. Erwin was all
| most equally reticent. II can't tell what
will be done until l have had an oppor-
| tunity to read and consider the full text
! of the decision and to see 10 what extent
! it goes" was his answer to almost every
! question of this character that was ask
ed him.
"Will you ask that another grand jury
be drawn and summoned and seek TO Sc
cure a second Indictment" he was asked
The same answer was returned to this
as had been given to the questions pre-
viously asked.
"Will you ask for the rearrest of the
defendants?"
| II can't say now whether 1 will or not, =
was the answer to this. However" Mr.
Erwin added, II don't see that it makes
much difference whether the defendants
| are at liberty without bond or under
bonds of $4,000 and $4,000. If they are
guilty of the theft of the millions of dol
lars with which they are charged, the few
thousands represented by their bonds
would not keep them from leaving the
country, if they desired so TO do and
thought they could make their escape
successfully"
But the case is not at an end. Every
thing possible will be done to secure the
trial of these men, though l am not pre-
pared to say what steps the government
will take" Mr.. Erwin made this as his
final statement on the subject and refused
to amplify or enlarge it in any way.
The news of the decision of Judge Brown
was soon on the streets, and 1t was met
everywhere, first, with incredulous sur
prise.
Lawyers versed in federal procedure,
when spoken to of Judge Browns decis-
ion, said that he had established prece-
dent in such cases, and that if his ruling
was law, IL became so when his decision
was rendered. No one of the lawyers,
up to that time, had ever thought it
| possible.
In his comments upon the special pre-
sentiment of the grand jury In this case,
Judge Speer, speaking alphabetically of
the exact view of the law subsequently
announced in the decision of Judge
Brown. said that 1T is easily conceivable
THAI state lines would become
barriers to the enforcement of the United
States laws, and especially would this be
true where the persons accused of crime
were men of influence and power"