Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-05-04
CARRIERS CASE RECALLED
HEARING on THE BILL PROVIDING
FOR EXTRACTION,

The House judiciary committee today
gave hearing upon the Senate bill intro
| 6uced at the suggestion of Attorney Gem
eral Griggs to provide for the removal to
| the proper district for trial of persons in
dicted for offenses against the United
| States
The bill was prepared to cover the cases
| OF Benz. D. Greene, John F., VIM Il. and
Edmund H. Gaynor and Michael A. Con-
molly, who were indicted by the grand Jury
| In the southern district of Georgia for con-
spiracy to defraud the United States in the
contracts for the improvement at Savannah
and Cumberland sound. The indicted per-
sons were arrested in New York, but judge
Brown refused to allow their extradition to
Georgia on technical grounds pertaining to
| procedure in New York.
Col. DudIey's Plea.
Col. W. w. Dudley was the first sneaker
He said he represented certain railroad
corporations, and appeared to call attention
OF the committee to some Of the dangers in
volved In the passage of the bill. Such a.
Dill applying to civil as well as to criminal
cases might, he continued, work great
| hardship, especially to railroad and other
corporation officials.
If indicted outside the district in which
they were resident they could be arrested
and disgraeed, though innocent, and he
enacted it should be carefully safeguarded.
In criminal cases. like the Carter case at
which this legislation was aimed. he adj
mitted the circumstances might he differ
ent.
| Col. Dudley cited the case of an offense
against the interstate commerce law I'm
der the proposed bill If a railroad official
were Indicted 1t would become the duty Of
the court to send marshal to arrest him
when 1t was well-known fact that all
railroad corporations were at all times
anxious to meet in court charges of viola
| lions of law.
Chairman Ray said the real ouest,on in
volved was whether it was good policy to
remove person indicted from one jurisdic-
ton to another upon the simple present
ment of an indictment.
| Col. Dudley expressed the opinion that If
would be against public policy and did not
think the business interests Of the country
should be subjected to the dangers that
| lurked in this bill.
Mr.. Roses Statement.
Abram Rose followed Colonel Dudley.
| While he was the attorney of the Gaynors
and Greene. he said. he did not come espe-
cia1ly as their attorney, but to call atten-
ton to some things of which he had pecu-
liar knowledge. He declared that the dis
trict attorney had eight witnesses and
| many documents in the Gaynor case before
the United States commissioner in Now
York. If evidence had been presented then
showing probable cause all this difficulty
would have been -obviated and the demand
for the enactment OF such far-reaching
general law done away with The testi
mony in the court-martial case of Cantaj,
Carter was public property, and he claim
ed, therefore, that there was no reason
why it should not have been produced
before the United States Commissioner
The contention of the Attorney General
that the presentation of evidence wouId
disclose the governments case. he said
would therefore not hold. Mr.. Rose a.
lated upon the hardships which might re-
suit to defendants If they must be removed
when valid and legal reasons might be SET
up to show the faultiness of indctments
Chairman Ray said that he haf; recaiyad
letter from the Attorney General sneA
costing amendments to the bill to ALLOW, 70
dicted persons to show as a reason for ~
removal that they had not been a. ~,
place where the indictment had been fond
Mr.. Rose asked why an alibi ghouiS not
be allowed to be proved in the Interest 81
railroad officials. He said 1t would he dan
gerous to make exceptions. The letter ~
the Attorney General did not mention rail-
road officials, but Mr.. Rose read news
paper statement saying that 1t was in
tended to except them. In the course of his
remarks Mr.. Rose declared with great enoS
phasis, referring to the Gaynor-Greene
case: Those men never can be conv,cta al
upon the Indictment for two reasons.
First. there was no conspiracy; second. the
United States never was defrauded
When Mr.. Rose concluded the COMMITTEES
adjourned until next Tuesday when Chi
Dudley and Mr.. Rose will submit formal
briefs.