The Savannah morning news., 1902-02-20
ARGUMENTS ALL IN
DECISION UPON DEFENDANTS DE-
MURRER IN HANDS OF COURT.
THE STATUTE HAS RUN.
PRINCIPAL ALLEGATION UPON
WHICH DEFENDANTS RELY.

They AlIege That Admitting the
Contentious of the GOvernme mt
and Conceding That the Onenses
Charged Have Actually Been Com
mitted, Too Much Time Has Passed
to Permit a Lawful Prosecution.
This Contention Ridicn1ed by
Counsel for the Government-PrOs-
ecutfons Not Possible If 1t Correct
" states the Law-Judge Speer
Reserved His Decision.
Arguments upon the demurrer of
Benjamin d. Greene and others to the
Indictment returned against them by
a United States grand jury, charging
them with conspiring to defraud the
government were made in the United
States District Court yesterday morn
ing. Judge Speer reserved his deci-
sion.
District Attorney Marion Erwin con-
tinued and concluded his argument for
the government and the concluding
argument, in opposition to the allow
ance of the demurrer was made by
Special Assistant District Attorney
Samuel b. Adams. The concluding ar
gument in behalf of the defendants
was made by MIR. Walter G. Charl-
ton.
All the arguments made were of
high order OF judicial and legal excel
lence discussing at great length and
with much wealth of detail the various
question of law raised in the issue pre-
scented by the indictment of the gov
eminent and the demurrer of the de-
PENDANTS.
1t was contended by Mr.. Charlton,
on behalf of the defendants, that the
alleged crimes with which the defend
ants are charged have all been barred
by the statute of limitations, even con-
ceding the fact that they were ever
committed. Mr.. Charlton said that the
conspiracy to defraud was alleged to
have been effected in 1891, and that,
as a conspiracy and single overt act
in pursuance herewith completed the
offense and as overt acts were alleged
10 have been done in 1892 and imme-
diately thereafter, the bar Of the stat
ute was then interposed.
This was the principal argument
made by the defendants in support OF
their demurrer. and tt was the ques-
ton to which the district attorney and
Mir. Adams principally directed their
criticisms.
Mr.. Erwin said that to concede the
correctness of the defendants posit-
ion would be to declare the law an alb
surdty and its administration a farce.
Crime could not be punished if it were
determined that the fact that they
were contemplated and planned a suffi-
Gent number of years in advance Of
their actual contamination to inter-
pose the bar of the statute of limita-
ecution. The district attorney, on this
phase CT the case, rsdiculed the po-
sit.on and contentious of the defend
ants.
In strong legal argument Mr..
Adams followed along the lines laid out
by the district attorney contending
thai the demurrer was not based upon
any grounds that rendered it sufficient
in .aw.
AS announced in the Morning News
a motion to quash the Indictment has
been prepared and will be filed in the
event that the demurrer of the defend
ants is overruleG by the court. The
district attorne.- gave notice yesterday
that he would contest the right of the
defendants to file such a motion and
there WI be an animated preliminary
struggle before the paper receives, if
it ever will receive. the signature of
the clerk of the court.
1t is not known whether Judge Speer
will Announce his decision on the de-
murrer to-day.
Another case, that of George
H. Stone and Statira S. Stone.
lls wife, AGAINST the Southern Bell
Telephone and Telegraph Company, has
been assigned for trial in the Circuit
Court to-day and a jury has been
drawn ard summoned, to which the
issues o. fact involved will be sub
nitted. At any rate there will be few
proceedings in the court on the Greene
Gaynor question.