New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-09-09

automatic machines were sold to the government
at prices greatly in excess Of the customary
market quotations. Immediately following the
indictment Congressman briggs and Mr.. Miller
surrendered 10 the Brooklyn authorities
When arraigned yesterday Mr Beavers was
asked Why it was that he had not previously
surrendered He replied that he and his counsel
had asked the government certain questions.
and that the government did not see 1T TO
swer them and for that reason it was decided
BY his counsel. Mr.. Beavers said that he should
not surrender until the interrogations were an
swered TO their satisfaction. What the nature
Of the questions were. however. MI Beavers
declined to tell
Mr.. Beavers denied that he had ever been at
any time guest of Assistant Postmaster Nor
gan, as had been alleged. When asked concern
ing the charges made against him in connection
with the Brandt-Dent Manufacturing COMPANY.
which form the basis OF the indictment against
him. Mr.. Beavers declined to talk and referred
all questoners TO his counsel. Messrs. Morgan and
Seabury likewise refused 70 discuss the charges.
but said they would be ready September %
TO meet any and all accusations the federal au-
thorities might make against their client
1t is expected that when Mr. Beavers is ar
raigned for examination on September 10 an
interesting legal question. already raised in the
case Of Maurice Runkle. the New-York ner-
chant indicted in Washington. D. G, for COM
plicty in the postal scandals. will be brought up.
It has been the general practice where man
is apprehended in a federal district other than
that in which the indictment against him IS
found that he mas the right to demand an
examination before the United States Commits
sioner before whom he is arraigned- 1t has been
the custom that the prisoner could. If he so de-
sired. force the government TO produce before
- In
dictment The government has been compelled
in many instances, notably in the Greene and
Gaynor and Captain o. II. Carter cases. to bring
witnesses here from a distance. and to make
out practically a prima facie case before the
Commissioner would order the prisoner turned
over to the United States marshal in the dis
trlct where the Indictment was tounu. ASSIST
ant United States District Attorney Wise. now
ever. thinks that this practice is wrong and tnat
the higher courts viii sustain his contrary view
of the case Commissioner Hitchcock took the
question under advisement, and is 10 render a
decision on September q.
When United States District Attorney Youngs
was seen in Brooklyn he said that the affair
had come out just as he had planned, except
that he had expected Mr.. Beavers TO give hlIn-
self I'D last Friday. instead Of yesterday. he
did not want to express any opinion. however.
to whether United States Commissioner
Hitchcock would transfer Beavers TO the jurls-
diction Of the Brooklyn court He said:
Beavers is in custody. Commissioner Hitch
cock do with him what he pleases, although
we believe that it is clearly his duty to SEND
him to Brooklyn Beavers is unwilling to come
here and has stated that could not bring
him here against his will. Our contention. which
viii be set forth by United States District At
torney Burnett will be that when once the facts
OF the Indictment and warrant in Brooklyn and
the identity Of the prisoner are established no
further argument is necessary"
Assistant United States District Attorney
ChatfeId OF Brooklyn. who was present when
Mr.. Beavers was arraigned. said that he was sure
the accused mans counsel believed that their
man was near the end Of his tether- Mr.. Chat-
field would not say why a move against MI.
Beavers was not taken sooner. but said he was
much pleased at the way the case had developed.