The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-03-07
THE TRIAL WAS STOPPED.
"PROBABLE CAUSE OF GUILT
RULE CAUSED DELAY IN
GRIGGs TRIAL.

Case Not Tried in District Court.
His Alleged Accomplish. Jennings.
Is Held at Jacksonville and Dis
trict Attorney There Refuses to
Give Him Up-Judgc Speer's AMI
mndversiOns UDOn the "Advant-
ages" of the Rule.
The case of the United States against
Evander G. Griggs and George w.
Jennings. Jointly indicted for making
the uttering counterfeit money. was
called in the District Court yesterday
morning, during temporary Interrupt
ton of the discussion that followed the
failure of two of the defendants in the
Greene-Gaynor case to appear. A
somewhat unusual state of facts was
revealed.
Griggs was in court. but Jennings
is still in jail in Jacksonville. in which
city he was arrested for having in his
possession some of the counterfeit
money he and Griggs are said to have
manufactured at Waycross.
When the case was called Assistant
District Attorney Alderman announced
ready for the government, but Mr..
Fred T. Saussy, of counsel for the de-
PENDANT, stated in his place it was inn
possible for the defendant to go to
trial without the presence of Jennings,
who he had understood was to be tried
at the same time. On this account
Mr.. Saussy asked for a continuance.
Il join in the request of counsel
said Mr. Alderman The fact of the
matter is that we had hoped to have
Jennings here at this time, but l have
this morning received a letter from
District Attorney Stripping, of Jackson
vile. in which he tells me he thinks
it would be better to try Jennings in
that district-the more so as Judge
Locke has ruled it is necessary to show
probable cause of the guilt of the ac-
cused, Notwithstanding the return of
an Indictment before the defendant can
be removed from that jurisdiction to
this"
Judge Speer looked exceedingly an
noyed. This instance, he said pre-
sents a practical illustration of the ex-
pediency of the rule which Judge Locke
has seen fit to follow.
Il do not think that in the most ex-
citing moments of those famous days
in 80 and 49, that Calhoun or McDuf-
fie ever conceived a form of nullifica-
ton which would have been more eff
fectiVe to defeat the operation OF the
criminal laws of the United States
than this proceeding which you now
say will be adopted in Florida and
which has been adopted in the Greene
Gaynor case in New York.
IF the Confederate states had sue
ceeded and had been governed as 1
do not doubt they would have been,
by the rules usual among civilized ma
tions, person accused of crime here
could have been extradited from New
York for violation of a Confederate
States law much more readily than we
can now bring one charged with vio-
lation of a United States law
Mr.. Saussy afterwards decided that
it would be possible for his client to
go to trial and so announced to the
court, but Judge Speer was of the
opinion. which he expressed, that it
would be much better to try both de-
PENDANTS at once.
An application will be made through
the Secret Service Bureau of the
Treasury Department to have the At
torney General direct that the trial of
Jennings shall take place here, and
this will probably be the ultimate out
come of the matter.