The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-09-19
BEAVERS HELD
ON SUSPICION
Government will Not Produce
Any Evidence.
TIE INDICTMENT ENOUGH
COUNSEL SAYS SOMEONE is Be
ING SHIELDED.

New York. Sept. 1S.-At the examina-
ton Of George W. Beavers, the indicted
postofRce official. charged with con-
spiracy with the Fraudulent Manu-
featuring company TO defraud the gov
eminent which was resumed today
Commissioner Hitchcock announced
that ne had decided to override the mo-
ton made by the defense at the previ-
Gus hearing to dismiss the proceedings
because of the inValidity of the indiCt-
ment. The defense contended that the
Indictment charged three separate and
distinct Offenses under one section OF
the federal statutes instead of one as
provided by law. He also repeated his
ruling that the properly certified copy
Of the Indictment returned in Brooklyn
was sufficient evidence TO make out a
case Of probable cause, and to warrant
the return of the accused. properly
Identified TO the district wherein the
Indictment was returned.
II developed I'm the course Of the eX-
animation and was admitted upon the
record by District Attorney Burnett,
that subpoenas bad been served by the
defense upon District Attorney TOungs
i'm BROOKLYN and his slenographer and
a subpoena for the production of GER
tain papers upon Postma ster General
Payne. the defense stating that il want
ed the government to make out its case
before the district commissioner in New
York I'm order that the defense might
prove that Mr.. Beavers had nothing
whatever to 10 with the making Of the
contract between the government and
the Brandt-Dent company. The sub
pOenas had been ignored
For the first time on record i'm this
district said Mr.. SteuTs, attorney for
Beavers. "the government seeks to have
this accused man sent to Brooklyn
without the preliminary examination
that has been accorde1 every defendant
arraigned for extr-ditioH in a quarter
of q century.
I'VE want to know whom the govern
ment seeks to shield by his Indictment.
We contend that if permitted to go into
this case here that we viii prove THAI
there is not only a lack Of probable
cause TO believe that crime has been
committed, but so far as Beavers is
concerned it is a case of absolute limo
cence. and we hope TO prove il. But
for some reason the government seeks
to suppress the evidence"
General Burnett said the defendant
had been indicted i'm the eastern dis
trict and would be given the OppOrtu-
nifty 10 prove his innocence there in due
time.
Contempt Proceedings.
Commissioner Hitchcock ruled that his
subpQenas We're not operative outside the
southern district of New York except ON
request and that as a result the persons
subpoeuaed i'm Brooklyn were not III con-
tempt
r To fHrther statement that thc de-
Tense wished 10 Suhuoeua George a. Mil-
Ter manager OF tho Brandt-Deut COM
pany. and others to prove that there was
no evidence as alleged I'm the Indictment
of the payment OF money TO Beavers.
District Attorney Burnett replied that
from what Mr.. Steuer proposed to prove
it was evidently the intention OF the de-
Tense TO turn the examination into "a
trial
After adJourniuE until next Tuesday.
counsel for the defense ACCOMPANIED by
Commissioner Hitchcock and Messrs.
Bushnell and Wise. appeared before Unit
ed States District Attorney Holt for the
process compelling District Attorney
NOuuCs and his stau0grapher. Hiss
WrCnn. to obey the subpoena and appear
before Commissioner Hitchcock TUESDAY,.
Judge Holt ruled that To bring the matter
before him the defense would have TO
make am application to punish for con-
tempt the witnesses who had disObeyed
the sUbpOenaS.
made Judge Holt being asked to decide
the question at iSSuc sometime before
Oh eneNt hearing on Tuesday next.
No argument was made and all proceed
incs closed for the day.