The Savannah morning news., 1902-02-06
NO FIGHT ON SPEER
GREENE AND GAYNoRS WILLING
TO SUBMIT THEIR CASE TO HIM.
CHANGE OF VENUE NOT SOUG
EFFORT TO MOVE THE TRIAL TO
MACON.

Judge Speer Settled the Matter I'm a
Conference With Messrs. Erwin,
Fielder and duBignon-CoI. Field
er's Denial of the Report That a
Change of Venue Had Been APP
piled for-Capt. Greene Expected
in savannah To-day.
There will be no contest at the trial
of Greene and the Gaynors in the
United States District Court as to the
fitness of the district judge and no APP
plication for change of venue. None
of the defendants counsel in Georgia
has ever contemplated such a proceed
ing, nor is it contemplated now. 1 wish
this to be said, as the view of all of
US, in answer TO the numerous, unwar-
ranted newspaper statements to this
general effect that nave been made"
Col. T. B. Fielder made this state
ment to the Morning News yesterday.
He spoke in the presence of Hon. F. G.
duBignon and Hon. Walter G.. Charlton,
the other members of the formidable
array of legal talent by which the de-
PENDANTS in the case will be represent
ed, and to the statement Mr.. duBignon
and Mr.. Charlton gave their assent.
1t was suggested that if such
newspaper statements had been
made they were probably inspired
in large part by certain criticisms of
Judge Speer that had been made by
Abram j. Rose, leading counsel for the
defendants in the proceedings in New
York and before the Supreme Court.
Mr.. Rose" said Col Fielder, has
never represented these defendants in
Georgia and neither had nor has any
voice or interest in the conduct of the
case here. He could not speak with
authority on such a subject. Neither
Mr.. duBignon, Mr.. Charlton or myself
have ever purposed making an appli-
cation for a change of venue and we
are quite satisfied that Judge Speer
should preside at the trial"
1t seems that a strong effort has
been made to remove the trial of the
case from Savannah to Macon. The
Telegraph of yesterday says that when
Messrs. Fielder and duBignon were in
Macon the matter was taken up with
Judge Speer and Attorney Erwin. 1t
was agreed that all parties would be
better suited if the trial could be had
in Macon, but the question of what the
law would allow arose and was dis
cussed pro and con. Judge Speer said
he did not believe it would be legal to
change the trial from the division of
the district in which the indictment was
found. Mr.. Erwin said he feared that
if conviction were had in Macon,
Capt. Greene and the Gaynors would
move to set aside the verdict on the
ground that the court had no right to
take them to Macon for trial. Messrs.
Fielder and duBignon replied that the
point would be waived and in order to
get the scene of the trial changed from
Savannah to Macon no exception would
be taken to any verdict that might be
found there. Judge Speer answered,
however, that rights cannot be waived
in criminal proceeding, so that if the
defendants were entitled to a trial in
Savannah, they could not surrender
their right to be tried there. This put
an end to the discussion.
1t is expected that Capt. Benjamin D.
Greene will be in Savannah prob
ably to-day to confer with his coun-
sci as to the conduct of the case
against him and the other defendants,
and that the others will follow on Sun
day or Monday of next week. They
must all be in The city on Tuesday
when they will be required to plead
to the indictment against them.
On that day the demurrer to the in
dictment and pleas in abatement will
be filed and probably argued, and, in
case these preliminary motions are
overruled by Judge Speer the trial of
the case on its merits will be taken up
about the first of March.
Messrs. Charlton, duBignon and
Fielder spent yesterday morning and
afternoon in close conference at the
office of duBignon & Stephens, and
these conferences will be continued
during the remainder of the week. In
the course of the next day or two
they will be further enlivened by the
attendance and participation of Capt.
Greene